PRICE ESTIMATE

NAPSA KAFUE ROAD LAND

NAPSA KAFUE ROAD LAND Cochrane International

Tel: Johannesburg
Email: 125 Fitter Road
Attention: Spartan, Isando
Date: Monday, July 20, 2020 Republic of South Africa
Payment Ref: RMB/NKRL/GR/264G Tel: +27 (0) 11 394 1788
info@cochrane.co
RE: PRICE ESTIMATE FOR COCHRANE PARKLAND RIGID FENCE

As agreed, we furnish with pleasure, our detailed price estimate for the supply of the requested Parkland Fencing System:

2820m

POSTS
COATING PRICE PER UNIT TOTAL UNITS TOTAL
TAPER LOCKING POST
Post Height (m) 2.4 Galvanized, then Polymetic 6000 coated 59.44 833 $ 49,513.52

Jet Black

PARKLAND PANELS
COATING PRICE PER UNIT TOTAL UNITS TOTAL
PARKLAND PANELS
Panel Width (m) 3.305 Mesh Galvanized, then Polymetic 6000 137.54 832 $ 114,433.28
Height (m) 1.8 coated
Wire Diameter (mm) 3.5

COATING PRICE PER UNIT TOTAL UNITS TOTAL

PARKLAND PANELS
Panel Width (m) 3.305 Mesh Galvanized, then Polymetic 6000 164.06 4 $ 656.24
Height (m) 2.1 coated
Wire Diameter (mm) 3.5

Jet Black
TOTAL SYSTEM PRICE (EX VAT) $ 164,603.04

ADDITIONS
COATING PRICE PER UNIT TOTAL UNITS TOTAL
Castle Spike - Coated 100mm x 1.65m length Galvanized, then Polymetic 6000 coated 18.18 1672 $ 30,396.96

Jet Black
TOTAL SYSTEM PRICE (EX VAT) $ 195,000.00

TRANSPORT
DESCRIPTION PRICE PER UNIT TOTAL UNITS TOTAL
FCA Johannesburg 0.00 1 $ -

TOTAL SYSTEM PRICE (EX VAT) $ 195,000.00

 TERMS & CONDITIONS
General

1. These terms and conditions apply to the sale of goods by Cochrane Steel Products (Pty) Ltd (the Seller) to the Purchaser of the goods.

2. Any stipulation by the Purchaser which purports to vary any provision of these terms and conditions shall be of no force or effect.

3. No variation, cancellation or suspension of these terms and conditions shall be effective unless reduced to writing and signed by the Seller and the Purchaser.

4. No relaxation or indulgence, which the Seller may grant to the Purchaser, will constitute a waiver of the rights of the Seller and will not preclude the Seller from exercising any rights which may have arisen in the past or which may arise
in the future.

Orders

5. An order for goods placed by the Purchaser is binding only if accepted by the Seller in writing, by fax or email and, unless the Purchaser has been granted credit facilities, the Purchaser shall pay a deposit of 50% on acceptance of an
order. The balance shall be payable prior to collection/delivery of the goods.

6. No goods will be sold on credit to the Purchaser unless a credit application, in a form prescribed by the Seller has been submitted by the Purchaser and has been accepted and approved by the Seller. In that event the provisions relating
thereto shall form part of these terms and conditions.

Prices

7. The prices on acceptance of an order are:

7.1. for the Seller’s range of standard colours for the goods,

7.2. in US Dollar,

7.3. FCA Johannesburg

7.4. exclusive of value added tax (VAT), and

7.5. subject to adjustment in accordance with increases in relevant indices of the Steel and Engineering Industries Federation of South Africa (SEIFSA) between the date of acceptance and the delivery date, as follows: the
composition of the price shall be (a) galvanised steel content 65%, (b) labour content 25%, (c) overheads content 10%.

Payment

8. Payment free of bank exchange and without deduction or any settlement discount must be made in cash or by cheque, delivered to the Seller, or by direct deposit or electronic fund transfer to the Seller’s bank: Cochrane Steel Products
(Pty) Ltd, Account No. 022772634, Standard Bank, Greenstone, Branch Code 016342.

9. Interest will be charged on any overdue amount at the maximum rate permitted by the National Credit Act No. 43 of 2005.

Delivery

10. Upon acceptance of an order

10.1. the Seller shall indicate the estimated ex works delivery date for the goods, and

10.2. the Seller and the Purchaser shall determine which parties shall be responsible for delivery, and for collection, of the goods

11. The Seller shall not be liable to the Purchaser, nor any other party, for failing to deliver or for any delay in delivery of the goods or any part of the goods if the failure or delay arises from any cause beyond the reasonable control of the
Seller, which causes will include (without limitation) strikes, lockouts, labour disputes, accident, plant and/or machinery and/or equipment breakdowns, fire, explosion, theft, war (whether declared or not), invasion, acts of enemies,
hostilities, riots, flood, earthquake, lightning, acts of local and national government, martial law, failure or delay on the part of the Seller’s suppliers of services or goods to meet delivery dates or defects or changes in specifications relating
to goods or the use thereof.

12. Notwithstanding anything to the contrary:

12.1. a delivery period relating to the goods is subject to the availability to the Seller of materials required for the goods, and timeous receipt by the Seller of all drawings, designs or specifications that may be required by the
Seller, provided that such will be deemed to have been given to the Seller for the purpose of description only and will not form part of any agreement of sale;
12.2. despite notice time will not be of the essence of any sale, and a delivery date will be treated only as an estimate, based on the latest information available to the Seller. The Purchaser is not entitled to withdraw nor cancel
any order due to a delay in whole or part of a delivery, nor shall such delay give rise to any claim of any nature whatsoever by the Purchaser against the Seller; and
12.3. the Seller shall not under any circumstances be liable for any damages of any nature (including, without limitation, any indirect, consequential or special damages or loss of profit) which the Purchaser may suffer as a result
of any delay in the delivery of any or all of the goods as ordered.

13. A delivery note signed by the Purchaser or its employee, agent or representative is prima facie proof that the goods to which it relates have been delivered in the specified quantity and in a satisfactory condition to the Purchaser.

14. No goods will be released unless the Seller is satisfied that the goods have been paid for in full or unless the Purchaser has been granted credit facilities.

15. Upon delivery of all or any of the goods the Seller shall provide an applicable invoice to the Purchaser.

16. A certificate issued by an officer of the Seller shall be prima facie proof of the existence and amount (plus interest) of the Purchaser’s indebtedness to the Seller and shall constitute a liquid document for the purpose of provisional
sentence, summary judgement or any other proceeding against the Purchaser

Risk – Title – Non-Payment

17. The risk in the goods passes to the Purchaser upon delivery or transfer of possession of the goods to the Purchaser

18. The ownership of the goods remains vested in the Seller, irrespective of whether the goods have been installed until the purchase price plus interest has been paid in full.
19. Until title in the goods has passed to the Purchaser the Purchaser shall hold the goods on a fiduciary basis on behalf of the Seller, keep the goods separately so that the goods remain readily identifiable as the Seller’s property, and
maintain the goods in satisfactory condition, all to the reasonable satisfaction of the Seller.
20. Without prejudice to the obligation of the Purchaser to purchase and pay for the goods the Seller shall be entitled to repossess goods which have been delivered to the Purchaser and for which the Purchaser has failed to make
payment by the due date. At all times the Seller maintains the right to claim payment for the goods notwithstanding that title in the goods may not have passed to the Purchaser. Until such time as the goods are paid for in full the
Purchaser hereby consents to the Seller entering any premises where the goods are kept or installed in order to repossess or inspect the goods. In particular, without detracting from the generality of the aforegoing, if the goods include
fence panels which are secured to posts embedded in the ground such fence panels shall be regarded for all purposes as movables and the Purchaser hereby consents that the Seller shall be entitled to enter the relevant premises in order
to detach the fence panels from the posts and to claim repossession of the detached fence panels. Any such action shall not give rise to any claim of any nature by the Purchaser against the Seller.

21. If the Purchaser suffers any civil judgement for debt or commits any act of insolvency, or if any of the Purchaser’s obligations to the Seller are not fulfilled or if the Purchaser defaults or delays in respect of any payment then the Seller
may without prejudice to any of the rights it may have, cancel any order for goods or suspend any delivery of goods until the situation has been remedied to the satisfaction of the Seller.
 TERMS & CONDITIONS CONT'
Rights

22. All illustrations, descriptions and details in the Seller’s catalogues, price lists, websites, and other media are indicative only of the types or nature of the goods and do not constitute warranties, conditions or representations. No report,
representation, advice, communication, or statement made by a representative of the Seller shall be binding on the Seller unless expressly contained herein. The Seller reserves the right to incorporate improvements to or modifications
of its goods.

23. All intellectual property rights in the goods, including patent rights, design rights, copyrights and data, whether registered or unregistered, embodied in the specification or design of the goods or in manufacturing processes of the
goods are the property of the Seller. If the Seller manufactures goods according to the specification or requirement of the Purchaser then the Purchaser indemnifies the Seller against any claims arising from the infringement of a third
party’s proprietary rights.

24. All the rights in any drawing, description, specification, design or data in any medium, supplied or disclosed to the Purchaser by the Seller remain vested in the Seller and the Purchaser shall have no right to make use thereof without
the consent of the Seller.

25. Any data or information whether of a technical or commercial nature in any medium given in confidence by the Seller to the Purchaser shall not be divulged to any third party and may be used by the Purchaser only in connection with
the goods supplied and not in any other way.

26. The Purchaser acknowledges that its communications with the Seller may be recorded and consents thereto.

27. The Seller may assign to any third party any of its rights in any contract relating to the supply of goods to the Purchaser. The Purchaser shall not be entitled to assign any of its rights without the prior written consent of the Seller

28. The Purchaser acknowledges it is solely responsible for taking all necessary steps to ensure that the goods are kept safely and without risk to health including inspecting, maintaining, properly installing, storing and housing the goods.

29. Subject to the provisions of the Consumer Protection Act, Act 68 of 2008, the Seller shall not, under any circumstances, be liable for any defects in the goods, or non-compliance of goods with the Purchaser’s specifications, and the
Purchaser shall not withhold any payment in respect of such goods from the Seller pending the resolution of any dispute or complaint. Subject to the aforegoing, the Seller may, at its discretion, remedy any defect by replacing such goods
or refunding all or part (as the case may be) of the price paid in respect thereof after, should the Seller so require, return of such goods to the Seller.
30. Without detracting from any provision relating to the limitation of the Seller’s liability in respect of the goods, the Seller’s liability in contract, delict, negligence, statutory duty, misrepresentation, restitution or otherwise arising in
connection with the goods or the supply of goods shall be limited to 10% of the price of the goods, and under no circumstances shall the Seller be liable to the Purchaser for loss of profit, loss of business, depletion of goodwill, loss of
anticipated savings, loss of contract, loss of use or for any special direct, incidental, consequential, or pure economic loss, costs, damages, charges or expenses whatsoever which arise out of the supply or use of the goods.

31. If the Purchaser alleges any shortage in delivery of goods then the Purchaser shall give notice thereof within 24 hours of delivery to the Seller. If the Seller is satisfied on a reasonable basis that there has been short delivery the Seller
will forthwith make good the shortage. No claim for short delivery of goods will be entertained if the claim is received more than 24 hours after the delivery date.
32. Returns, if accepted by the Seller at its sole discretion and upon such terms as it may prescribe, will be credited in full, less a minimum of 10% (ten percent) as a handling charge, provided that such goods are in a marketable condition
and that the Purchaser shall be liable for all costs of delivery to the Seller’s designated premises.
33. All goods are sold voetstoots without any warranties or representations, either express or implied, as to the suitability of those goods for any purpose or their quality. It is the sole responsibility of the Purchaser to ensure that the
goods are suitable for the purposes for which the Purchaser acquires the goods. The Purchaser indemnifies and holds harmless the Seller against all claims and expenses of whatsoever nature and description arising from the sale or the
supply of the goods, and the Purchaser undertakes to pay to the Seller on demand any such claims and all of the Seller’s costs, on the attorney and own client scale, of defending such claims.

34. When the Seller is required to manufacture or supply goods to the Purchaser’s specification or drawings, or carries out work according to the Purchaser’s instructions or those of its nominees, the Seller accepts no responsibility for the
efficacy or workability of goods so manufactured or supplied or work so carried out.

35. The Cochrane ClearVu-Invisible Wall fence is subject to numerous patent, design and trade mark registrations locally and abroad. Details of intellectual property rights are available on request.

36. This agreement shall be governed by and construed in accordance with the laws of South Africa.

37. General: The final quantity of goods required by the Purchaser remains the responsibility of the Purchaser.

38. Seller’s branding: Pricing is subject to the Seller being entitled to install product branding (300mm x 300mm signs) on every 5th panel.

39. This agreement shall be governed by and construed in accordance with the laws of South Africa.

40. If the Seller is to install the goods then the Purchaser will be required to enter into an installation agreement with the Seller and the provisions of the installation agreement will apply. The Purchaser shall:

40.1. create and demarcate a clear, level and marked fence line prior to installation;

40.2. ensure that the fence line remains free and unencumbered prior to and during the installation, failing which the Purchaser shall be liable for and shall pay on

40.3. be liable for and shall pay to the Seller on demand the Seller’s surcharge for areas of the fence line which contain hard rock

40.4. provide secure and safe storage for the Seller’s equipment and materials throughout the period of the installation;

40.5. ensure that the Seller’s standard health and safety requirements are complied with;

40.6. prior to the installation specify the Purchaser’s health and safety requirements and pay to the Seller the Seller’s costs of complying therewith.

Client Special Instuctions

Request Delivery Date

Assuring you of our keenest service. Thank you for approving quote: RMB/NKRL/GR/264G
Kind Regards,
REX MBEWE
+260977980170
rmbewe@cochraneglobal.com Signed at __________________________________ on __________________________________ Signature ________________________________