RED POLE ENERGY

Tel: 021 023 3325

Email: info@redpoleenergy.co.za

GENERAL TERMS & CONDITIONS OF SALE

Version 2-August 2026

These General Terms & Conditions of Sale ("Terms") apply to every sale of goods by Good Hope Imports (Pty) Ltd, trading as Red Pole Energy, registration number 2016/349011/07 ("GHI"), to any buyer ("Buyer") - whether the Buyer trades on a cash-on-delivery/payment-in-advance basis or under an approved credit account with GHI. These Terms are to be read together with GHI's Warranty & Returns Policy, Shipping Policy, and Privacy Policy, which form part of the agreement between GHI and the Buyer. Where the Buyer trades under an approved credit account, the Buyer's signed Credit Application (including its credit-specific terms, Cession of Claims, and Deed of Suretyship) applies in addition to these Terms.

PRECEDENCE OF TERMS

1. Any order placed by the Buyer shall be subject to these Terms unless varied by GHI in writing, and these Terms will take precedence over any terms, conditions or stipulations contained in any of the Buyer's documentation which may be in conflict herewith. Should the Buyer in any way purport to attach any conditions which vary, amend or are in conflict with these Terms, then, notwithstanding anything to the contrary stipulated by the Buyer, these Terms shall prevail and be of full force and effect unless specifically varied by GHI in writing with specific reference to the Buyer's contrary documentation. Placing an order with GHI constitutes the Buyer's acceptance of these Terms.

2. Should the Buyer have previously made application to GHI for trading or credit facilities, which application would have embodied terms and conditions, and should the Buyer have furnished any security to GHI for its due obligations on any previous occasion, the Buyer records and acknowledges that signature of any further document shall not be regarded as a novation of any such previous agreement or any prior security given by it to GHI. The Buyer further records and acknowledges that, in so far as any provision contained herein may be inconsistent with any provision contained in any document previously executed by it, the provisions of the most recently executed document shall prevail.

PRICING

3. Prices and discounts are those ruling at the date of dispatch of the goods, and GHI reserves the right to adjust or change any prices and/or discounts at any time on reasonable notice to the Buyer.

DISCRETION TO SELL

4. GHI has the discretion at all times whether or not to sell to the Buyer.

4.1. GHI's discretion to sell in terms hereof may be guided by, inter alia: (a) the availability of stock; and (b) timeous receipt by GHI of any drawings, designs and specifications that may be required by GHI from the Buyer.

DELIVERY, OWNERSHIP & RISK

5. Time shall not be of the essence of the contract and delivery dates shall be treated as approximate only. Under no circumstances shall the Buyer be entitled to withdraw from or terminate the contract on account of any delay in delivery, or have any claim of any nature whatsoever against GHI arising from late delivery.

6. Ownership in the goods sold and delivered to the Buyer shall pass to the Buyer only once all amounts due by the Buyer to GHI have been paid in full, notwithstanding delivery of the goods to the Buyer.

6.1. Where the Buyer arranges collection of the goods, or arranges its own courier to collect the goods, risk in and to the goods shall pass to the Buyer when control of the goods passes to the Buyer or the Buyer's appointed courier.

6.2. Where GHI arranges delivery using its own courier, risk in and to the goods shall pass to the Buyer only upon delivery to the Buyer.

7. A signed delivery note shall constitute prima facie (at face value) proof that the goods have been delivered to and received by the Buyer in good condition, whether signed by the Buyer, an employee, an agent or a representative of the Buyer.

SET-OFF

8. Set-off shall operate automatically as a matter of law at the moment reciprocal debts between GHI and the Buyer come into existence, and independently of the will of the parties; it shall not be necessary for either GHI or the Buyer to specifically raise set-off. Upon the operation of an automatic set-off, the debt shall be mutually extinguished to the extent of the lesser debt with retrospective effect.

DEFAULT

9. The Buyer agrees and acknowledges that, in the event of -

9.1. the Buyer breaching any condition contained in these Terms;

9.2. the Buyer failing to pay any amount due and payable on due date;

9.3. the Buyer suffering any civil judgment to be taken or entered against it;

9.4. the Buyer causing a notice of surrender of its estate to be published in terms of the Insolvency Act No. 24 of 1936, as amended;

9.5. the Buyer passing away; or

9.6. the Buyer's estate being placed under any order of provisional or final sequestration, provisional or final winding-up, or provisional or final judicial management or business rescue, as the case may be, then GHI shall, without detracting from any other remedies available to it, be entitled to cancel the sale of the goods to the Buyer on reasonable notice, to repossess those goods sold and delivered by GHI to the Buyer, or to claim specific performance of all of the Buyer's obligations (whether or not such obligations would otherwise then have fallen due for performance), in either event without prejudice to GHI's right to claim damages.

COMPLAINTS, RETURNS & LIABILITY

10. Should the Buyer have any complaint of whatsoever nature concerning goods not manufactured by GHI, the Buyer shall be entitled to require GHI to cede to it any rights which GHI may have against the original supplier of those goods, but shall have no other claim against GHI in respect of the matter complained of. The Buyer shall not be entitled to withhold payment from GHI in respect of such goods for any reason whatsoever.

11. Should GHI agree to accept the return of any goods, the Buyer shall be liable to pay GHI a handling charge of not less than 10% of the invoiced price of the goods so returned (subject to damages suffered, the purchase price will be repaid, where applicable, by set-off against other amounts due by the Buyer).

12. GHI shall be exempted from, and shall not be liable under any circumstances whatsoever for, any damages including indirect or consequential damages of any nature whatsoever, or any loss of profit or special damages of any nature whatsoever, whether in the contemplation of the parties or not, which the Buyer may suffer as a result of any delay in delivery of the goods ordered.

13. It is a condition of each sale that the goods are sold voetstoots and without any warranties or representations whatsoever, unless the contrary is explicitly stated in any applicable product warranty supplied with the goods or in GHI's Warranty & Returns Policy. In addition, the Buyer shall be precluded from raising any complaint or disputing liability to GHI in any way unless it has notified GHI of its complaint or grounds of dispute in writing within 7 days of receipt of the goods in question. Notwithstanding the timeous raising of a complaint or dispute of liability by the Buyer, the Buyer shall, under no circumstances, be entitled to withhold payment in respect of the goods from GHI pending resolution of such dispute or complaint. Subject to the foregoing, GHI shall, in its discretion, be entitled to either remedy any failure by adjusting, repairing or replacing the goods in question, or refunding the whole or part (as the case may be) of the contract price paid to it by the Buyer in respect of such goods. Defective or faulty products are dealt with under GHI's Warranty & Returns Policy.

14. Where GHI is required to manufacture or supply goods to the Buyer's specification and/or drawings, or carries out work according to the Buyer's instructions (or those of its nominees), GHI accepts no responsibility for the efficiency or workability of the goods so manufactured or the work so carried out.

15. Save as otherwise specifically provided for herein, GHI shall not be liable to the Buyer or to any other person for any damages including indirect or consequential damages of any nature whatsoever, or any loss of profit or special damages of any nature whatsoever and whether in the contemplation of the parties or not, which the Buyer may suffer as a result of any breach by GHI of any of its obligations under these Terms. The Buyer hereby indemnifies GHI against any claim which may be made against GHI by any other person in respect of any matter for which GHI's liability is excluded in terms of the foregoing.

16. In the event of GHI or its agents instructing attorneys to collect from the Buyer an amount owing to GHI, the Buyer agrees to pay all costs on the scale as between attorney and own client, including collection commission and tracing charges.

17. In the event of GHI or its agent instructing a debt collector to collect from the Buyer an amount owing to GHI, the Buyer agrees to pay collection commission in accordance with the Debt Collectors Act (Act 114 of 1998).

JURISDICTION & GENERAL

18. The Buyer consents to the jurisdiction of the Magistrates' Court in terms of section 45 of the Magistrates' Court Act, No. 32 of 1944, as amended, having jurisdiction under section 28 of the said Act, notwithstanding that the claim may exceed the normal jurisdiction of the Magistrates' Court.

19. The Buyer nominates, as its address for service for all notices or processes arising herefrom, the address reflected in the Buyer's application to GHI under the heading "Registered office / Physical address" (or equivalent).

20. No relaxation or indulgence granted to the Buyer by GHI at any time shall be deemed to be a waiver of any of GHI's rights in terms hereof, and such relaxation or indulgence shall not be deemed a novation of any of these Terms, or create any estoppel against GHI.

21. In these Terms, words importing one gender shall include the other gender, and words importing the singular shall include the plural (and vice versa).

22. Should GHI cede its claim against the Buyer to any third party ("the Cessionary"), the Cessionary shall be entitled to exercise all rights available to GHI in terms of these Terms as if the Cessionary were GHI.

23. If any clause of these Terms is found to be invalid, that invalid clause does not affect the validity of the remainder of these Terms.

REFERENCE DOCUMENTS

24. Product warranties, and the process for evaluating and resolving a return, are set out in GHI's Warranty & Returns Policy.

25. GHI processes personal information in accordance with GHI's Privacy Policy, available at www.redpoleenergy.co.za, which governs how such information is collected, used, and protected in compliance with the Protection of Personal Information Act 4 of 2013 (POPIA).

26. Delivery methods, costs and timeframes are set out in GHI's Shipping Policy.

27. Where the Buyer trades under an approved credit account, the Credit Application signed by the Buyer including its credit-specific terms, Cession of Claims, and Deed of Suretyship applies in addition to these Terms.

Good Hope Imports (Pty) Ltd t/a Red Pole Energy | Registration number 2016/349011/07 | Directors: WJ Pretorius, CE du Plessis

Unit 8A, The Woodmill, Vredenburg Road, Stellenbosch, 7600