14. SUSPENSION OF WORK TBHH shall be entitled to suspend performance of the work in terms of this agreement in the event of:
14.1 A breach by the CUSTOMER to include, but not be limited to:
14.1.1 Non-payment of any interim invoice, or amounts on the date on which it may be owing in terms of this agreement.
14.1.2 The failure by the CUSTOMER to supply any material in terms of its obligations that may be reasonably required for the performance of the work by TBHH.
14.1.3 The CUSTOMER not granting TBHH access to the work, or any part thereof.
14.1.4 The CUSTOMER not making available any electricity, or water which may be required for purposes of the execution of the work.
14.1.5 The CUSTOMER not making available any drawings by an architect, or not arranging for the appointment of an engineer, where required, for the performance of the work.
14.1.6 Where the CUSTOMER fails to remedy its obligations to enable TBHH to proceed with the work.
14.2 In the event of TBHH having to suspend performance of the work in terms of this agreement TBHH shall be entitled to immediately:-
14.2.1 Cancel this agreement and retain all amounts paid.
14.2.2 Insist on payment of the balance of the contract price as stipulated on the face hereof.
14.2.3 Remove all unfixed materials from the premises without any compensation to the CUSTOMER.
14.2.4 Remove any machinery and equipment from the premises.
14.2.5 Exercise his lien in respect of payment for all amounts that may be due and owing in terms of the agreement and without prejudice to any of the above, or other rights TBHH may have in Law, to lock the CUSTOMER out until such payment has been effected.
14.2.6 Instate a just retention (right of retention) that entitles the holder of that right to retain possession of property until expenditure of money or monies' worth incurred by him in respect of that property / contract is reimbursed to him. Relevant to a contractor, the contractor has two kinds of liens at his disposal: enrichment liens or debtor and creditor liens. Where the contractor's expenditure preserved the property or enhanced its market value the contractor has, to the extent of the true owner's enrichment, an enrichment lien valid against all comers. Otherwise the contractor may rely on the debtor and creditor lien. Commonly this lien is referred to as the contractor's lien (Finsen 2005). A contractor's lien is his legal right to retain possession of a construction site until the client has paid to him monies which are lawfully due to him. The lien is designed to buttress the contractor's claim for payment and is not a cause of action in itself, but a course of resistance should the client demand repossession of the premises without tendering payment for the work done on it. A contractor's lien is separate from and does not cover a retention fund. (http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1021-20192012000200003)
15.1 The CUSTOMER shall pay to TBHH the amount as stipulated on the face hereof together with all additional costs in respect of additional work, or additional services rendered pursuant to the execution of the work on the dates specified for payment.
15.1.1 By accepting TBHH quotation the CUSTOMER accepts TBHH Terms and Conditions.
15.1.2 TBHH shall not be bound to CUSTOMER payment terms, unless otherwise agreed by TBHH and the CUSTOMER in a dated written and signed document format.
15.2 The risk of payment by cheque through the post or by electronic funds transfer rests with the CUSTOMER.
15.3 The CUSTOMER shall under no circumstances be entitled to withhold payment, for any reason whatsoever. Withholding of payment shall be deemed to be a material breach of the agreement which would entitle TBHH the remedies set out in clause 14.2 above.
15.4 The CUSTOMER is not entitled to set off any amounts due to TBHH by the CUSTOMER against its indebtedness to TBHH.
15.5 TBHH shall be entitled to invoice each delivery or performance separately when executed.
15.6 The CUSTOMER shall pay to TBHH the full amount as stipulated in the invoice within a maximum period of five (5) days on receipt of invoice.
15.6.1 The CUSTOMER will be charged a 10% interest on outstanding amounts not paid within seven (7) days of date of invoice every seven (7) days or part thereof until handed over to debt collecting agent or paid in full.
15.6.2 The CUSTOMER must notify TBHH within a maximum period of five (5) days of date of invoice with a written letter by the CUSTOMER explaining payment delay reasons with a written arrangement agreement supplied to the CUSTOMER in terms of TBHH acceptance of new payment date arrangement.
15.6.3 The CUSTOMER shall pay the full charged amount issued by a dept collector agency, lawyer firm or third party for collection of late payments.
15.7 The CUSTOMER agrees that if an account is not settled in full (a) against order; or (b) within the period agreed in clause 15.6 above, TBHH is entitled to (i) forward a letter of demand using a third party demanding full and final payment.
15.8 Outstanding accounts are subject to default listings on a national credit bureau database. On payment of the outstanding debt the default listing will be adjusted to read “Paid Default” until legislation demands complete removal.
15.9 TBHH reserves the right to provide a national credit bureau with updated personal information.
15.10 The CUSTOMER also consents that TBHH may use a national credit bureau database for tracing, should the CUSTOMER abscond.
15.11 In the event of any payment not being made on due date, the amount then outstanding shall bear interest as prescribed in terms of the Usury Act with interest calculated daily and compounded monthly from the date of acceptance of the order.
15.12 In the event of default, all payments shall firstly be appropriated towards interest and costs and thereafter in respect of the capital amount payable in terms of this agreement.
15.13 The CUSTOMER shall be liable to TBHH for all legal expenses incurred by TBHH on the attorney-and-own client scale in the event of
(a) any default by the CUSTOMER or
(b) any litigation in regard to the breach, validity or enforceability of this agreement. The CUSTOMER be liable for all tracing, collection or valuation fees incurred as well as for any costs including stamp duties, for any form of security that TBHH may demand.
15.14 Only payments made into the bank account on the invoice / quotation documents, as per the details reflected on the original quote submitted from TBHH'S office via e-mail or fax will be recognized and accepted as formal payment. Only electronic fund transfer payments, cleared bank cheques, cash or deposits will be accepted.