MEMORANDUM OF AGREEMENT - INDEMNITY
TWO RIVERS PLATINUM (PTY) LIMITED
(“Acceptance the terms of service”)
IT IS AGREED:
The Purchaser hereby indemnifies, holds harmless and defends the Seller and its officers, employees, agents, and representatives, from and against any liability claim, penalty, loss, damage or expense which the Purchaser may incur, either at common law or by statute:
On account of injury to or death of any persons or damage to or loss of any third party property arising directly or indirectly out of the errors,
And against all legal expenses on an attorney-and-own-client basis, incurred by the Seller in enforcing the Purchaser indemnification obligations in terms of this clause.
Neither party shall be liable to the other for any consequential loss or damage which may be suffered in connection with the purchasing of Commodities referred in Annexure “A”, save that this limitation of liability shall not apply where delay damages are incurred, indemnities are furnished, or in cases of fraud, deliberate default, illegal or unlawful acts or omissions, or reckless misconduct.
2. Ownership and Risk
The Commodities referred in Annexure “A” to be sold by the Seller to the Purchaser shall be and remain at the sole risk of the Purchaser.
3. Hazardous Commodities
In the event that the any of the Commodities referred in Annexure “A” are hazardous and/or could pose health environmental or safety risk , the Purchaser shall take all due and reasonable precautions in the handling, packaging, storage, loading, transport and delivery thereof and shall also comply with the relevant statutory provisions, including but not limited to, the Hazardous Substances Act 15 of 1973, the National Road Traffic Act 93 of 1996, the National Environmental Management Act 107 of 1998, the Environment Conservation Act 73 of 1989, the Occupational Health and Safety Act 85 of 1993 and Mineral and Petroleum Resources Development Act 28 of 2002 and the regulations promulgated in terms of these Acts, as well as any new legislation and regulations amending or replacing these Acts.
4. NO GUARANTEE
The Purchaser hereby agree that the Seller has given no guarantee that the Commodities referred in Annexure “A” comply with any legislative requirements or any health or safety prescribed for the use of such articles/equipment/items or substances.
5. LEGISSLATION / LAW
In the event that any of the commodities in Annexure “A” fall in the category of items that by law or legislation has to be register , declared or licensed the obligation to comply to the relevant legislation / law will fall and remain the sole responsibility on the purchaser .
ARTICLES/EQUIPMENT OR SUBSTANCES PURCHASED BY PURCHASER