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Thread: ICA

  1. #1
    Join Date
    Jun 2007
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    Hi Jazz

    Just a question, our service agreements are currently being signed on the one side of the document with our terms and conditions on the other side . Is it necessary for us to have the consumers sign on both sides of the document making them aware of the "terms and conditions". If this is the case do we need to perhaps re-print the service agreements that would allow consumers to sign on both sides.

    Ooops forgot to mention that we ICA

    Have a great weekend

  2. #2
    Silver Member Eugene's Avatar
    Join Date
    May 2007
    Somerset West
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    Jazz, in legal terms we have an established principle summarized by the Latin maxim caveat subscriptor which translated into English, means “Let the signor beware.” In laymans terms it means that when a party to a written contract signs it, he is presumed to be aware of all the terms and conditions of the contract, and is bound thereby. It will not safeguard him later on stating that he was not aware of the offending term or that he signed the agreement without understanding the meaning and implication of the offending term of the general tersm and conditions, or that the inclusion of the offending term is grossly unfair to him.

    We have many cases dealing with this principle in South African law and our Courts have applied this principle strictly and have not come to the aid of the person seeking not to be held bound by the offending terms and conditions of the Contract. Furthermore as I understand it, an ICA's (incidental credit agreement) format is not prescribed in the NCA as opposed to a credit agreement where one has to comply with pre-agreement disclosure etc.

    In order to eliminate future legal implications and the costly excersize of going through litigation and a trial, it might me advisable to include in the front page where the consumer signs a statement that he also read and understood the terms and consitions at the back - in such an event the consumer will have a hard time proving that he is not bound by the T & C as the onus is upon him to prove otherwise.

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