"Client" means , as the amount holder of a bulk electricity account with municipality.

"Agent" means Power Measurement & Distribution (PTY) Ltd (Registration Number 2015/052037/07)

"Customers" means persons/entities that purchase electricity from the Client for consumption at the Property

"Property" means the collective property development known as with street address at

"Service" means collection by Agent of moneys due to Client by Customers.

"Service Fee" means 10% (10 percent) VAT exclusive, of the gross monthly amount collected.

"Commencement Date" means .

1. Appointment - The Client hereby appoints the Agent as its exclusive collection agent for the purposes of collecting moneys from the Customers for payment of electricity consumed at the Property, which appointment the Agent accepts.
2. Duration - This agreement shall commence on the Commencement Date and continue to endure until such time as it is terminated by either party in terms of clause 10 hereunder, alternatively and only in the event of a minimum period of 24 months having lapsed, upon 3 calendar months’ written notice by either party to the other party.
3. Scope of Agency - The appointment of the Agent is limited to the scope provided for in this agreement and the Agent shall not act as agent on behalf of the Client in any other matter or with regard to any other customer of the Client, unless specifically authorised thereto in writing by the Client. The Agent may, however, upon request by the Client, assist the Client in managing the relationship the Client has with the customer/s, on a consultancy basis and upon an agreed consultancy fee.
4. Collection Services - The Agent shall collect all monies owed to the Client by the Customers and shall provide the Client with a record of all monies collected and proof of purchases within 7 business days after the end of each calendar month. The Agent shall simultaneously within such 7 day period pay into the Client’s nominated bank account, being , or as nominated inwriting by the Client from time to time, the balance of such monies collected after deduction of the agreed Service Fee.
5. Service fee - The Agent shall provide the Client with a valid tax invoice in respect of the Service Fee earned togetherwith the proof of payment. In the event of any dispute between the parties as to the amount of the Service Fee, the auditors of the Agent (acting as experts and not as arbitrators) shall make a final and binding determination thereof. Upon termination of this agreement for whatever reason, the Agent shall be entitled to receive payment of the Service Fee earned from the collections received prior to date of termination.
6. Agent's Obligations - The Agent shall:
1. avoid any activity which is detrimental to the Client's interests, reputation and goodwill;
2. upon request by the Client, furnish the Client with all documentation under the Agent’s control in respect of the Customers;
3. observe and obey the reasonable instructions of the Client in respect of the performance of its obligations in terms of this agreement;
4. deal with all queries from Customers promptly and professionally within 48 hours if capable of being resolved by the Agent. If not capable of being resolved by the Agent, the Agent shall escalate the query to the Client within 48 hours of receiving it and shall revert to the Customer within 24 hours of receiving an answer to the query from the Client;
5. observe and comply with all applicable laws, orders, ordinances, decrees, notifications, rules and regulations relating to the performance by the Agent of its duties and obligations under this agreement, the Agent hereby indemnifying and holding the Client harmless from all claims, demands, fines, penalties, actions, proceedings, judgements, damages, losses, costs, expenses or other liabilities imposed or brought against, incurred or suffered by the Client arising out of or as result of any non-observance or non-compliance on the part of the Agent relating to the performance by the Agent of its duties and obligations under this agreement;
6. furnish such reports as may be reasonably requested by the Client from time to time; and
7. perform all the other duties imposed upon it in terms of the Service Fee structure, as set out in Annexure “A” hereto, promptly and professionally and in a manner that will not harm the Client’s good name and reputation.
7. Electricity Meters - perform all the other duties imposed upon it in terms of the Service Fee structure, as set out in Annexure “A” hereto, promptly and professionally and in a manner that will not harm the Client’s good name and reputation.
8. Cession - Neither party may alienate, cede, assign or delegate, in whole or part, any of its rights or its obligations in terms of this agreement, unless such party has obtained the prior written consent of the other party.
9. Breach - Save where otherwise provided for in this agreement, should either party ("the defaulting party") commit a breach of any of the terms of this agreement and fail to remedy such breach within 7 days from the date of receipt by it of written notice from the party against whom such breach has been committed ("the aggrieved party") calling upon it to remedy such breach or failure, then the aggrieved party shall, without prejudice to any other remedies it may have, whether under common law or in terms of this agreement, have the right at its option to either sue for due compliance by the defaulting party with all of its obligations as detailed in this agreement, or cancel this agreement by notice to the defaulting party whereupon the aggrieved party will be entitled to proceed against the defaulting party for recovery of such damages as it shall have sustained.
10. Termination - Either party shall, in addition to and without prejudice to any other remedies accorded to the parties at law, be entitled to terminate this agreement immediately, in writing, if the other party is liquidated or placed under judicial management (whether provisionally or finally), or if the other party omits or commits any act by which the parties may or does suffer loss or damage or if the other party undergoes a change in control, ownership or management without such change having been approved by the other party in writing beforehand.
11. Domicilia Citandi et executandi - The parties choose as their domicilia citandi et executandi for all purposes under this agreement, the addresses set out hereunder, which addresses may be changed to another physical address in the Republic of South Africa upon written notice to the other party and effective on the 7th day after the receipt of such notice by the other party:
    Client:
    (which address shall further serve for purposes of invoicing)
    Agent: 81 Meriman street, George, 6530
    Any notice or communication required or permitted to be given in terms of this agreement shall be valid and effective only if in writing and if either delivered by hand to a responsible person during normal business hours or if posted by registered mail to the domicilium citandi et executandi of the receiving party, Such hand delivery shall be deemed to have been received on the day of delivery and such posting by registered mail shall be deemed to have been received 5 business days from date of posting. Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen domicilium citandi et executandi.
12. Relationship - Neither party shall be responsible for any acts or omissions of the other of them and this agreement does not constitute the Agent as an agent in law of the Client. Accordingly the Agent shall not be entitled to incur any liability on behalf of the Client, whether expressly or by implication, or to give any warranty in respect of the products or services provided by the Client, other than such as may be authorised in writing by the Client
13. Whole Agreement - - This agreement constitutes the entire agreement and succeeds any previous agreement between the parties, whether written or oral, and no variation hereof or consensual cancellation hereof shall be of any force or effect unless reduced to writing and signed by the parties hereto.
14. Indulgence - Notwithstanding any express or implied provisions hereof to the contrary, any indulgence, latitude or extension of time which may be granted by either party to the other party shall not under any circumstances be deemed to be a waiver of such granting party's rights at any time and the parties shall, without notice, be entitled to require strict and punctual compliance with each and every provision or term of this agreement.