Bigfoot Express Freight Standard Terms and Conditions of Credit

BIGFOOT EXPRESS FREIGHT (PTY) LIMITED (Registration Number: 2005/006977/07)

(“Bigfoot”)

STANDARD TERMS AND CONDITIONS OF CREDIT

The following terms and conditions shall apply to the credit facility provided by Bigfoot to the Customer.

1. The credit facility that Bigfoot shall grant to the Customer shall be reflected a written communication from Bigfoot to the Customer,

which written confirmation will indicate whether the Customer shall Bigfoot for any carriage within 30, 60, 90 days or other period

(“Credit Period”).

2. Any credit facility which Bigfoot has approved in the favour of any Customer shall only commence 3 (three) days after Bigfoot

has communicated, in writing, its approval and grant of the credit facility to the Customer.

3. The Customer may in writing request an extension Credit Period. Bigfoot shall have the right to reject or accept such request.

4. The Customer must pay all amounts due to Bigfoot within the Credit Period and no later.

5. The Credit Period for each Bigfoot invoice / statement shall commence from the date of the Bigfoot invoice / statement for the

carriage concerned.

6. The Customer must furnish Bigfoot with written proof of payment, of each payment to Bigfoot, on the date of payment.

7. In the event that the Customer does not pay any amount on the due date thereof, the Customer shall be in default of such

payment, and, without prejudice to any of the rights of Bigfoot against the Customer, the Customer shall, as a result of such

default, pay interest on such overdue amount at the maximum mora, legal, rate then applicable, plus 5% thereon (such interest

to be compounded monthly and calculated daily from the due date of payment of the amount concerned until the date on which

payment of such amount plus interest thereon is received by Bigfoot, both days inclusive.

8. All payment by the Customer to Bigfoot shall be by way of EFT (electronic funds transfer) or similar electron form of payment.

9. All and any amounts payable by the Customer to Bigfoot shall be free on bank costs or other costs of payment and shall not be

withheld for any reason or cause whatsoever (including, without limitation, any set-off, credit, refund, claim, counterclaim and

withholding tax) and shall also be free of exchange,

10. The Customer shall immediately furnish and procure any security, securing any indebtedness of the Customer to Bigfoot or the

credit facility advanced to the Customer, as Bigfoot may request from time to time, and the Customer shall do all that is necessary

or requited for the procurement of such security, the signing thereof and, if applicable, the registration thereof. The Customer

shall perform its obligation in respect of security promptly and without any delay.

11. Where any payment is not received by Bigfoot on due date and Bigfoot holds any of the Customer’s goods for carriage or in

storage, then Bigfoot shall be entitled to exercise a lien over such goods and to enforce its rights in law to such goods.

12. Bigfoot shall be entitled to and hold a lien in and to any (or all) of the goods concerned or of the Customer or to which the

Customer is entitled, which right shall continue to vest in and with Bigfoot until all amounts payable by the Customer to Bigfoot

are paid in full to Bigfoot.

13. Any certificate or affidavit by any director, manager or internal or external accountant or auditor of Bigfoot, whose appointment

need not be proved, as to any indebtedness of the Customer to Bigfoot, interest payable by the Customer and/or any other matter,

shall be prima facie evidence thereof for all purposes (including, but not limited to, default, summary judgment or provisional

sentence).

14. Bigfoot shall be entitled, at any time, on written notice to the Customer, to reduce / limit or cancel the facility granted to the

Customer, with or without cause.

15. Bigfoot shall not be bound by or be liable for any representations and/or warranties made by any employee or agent purporting to

act on its behalf, unless such representation or warranty is reduced to writing and signed by duly authorised representative of

Bigfoot.

16. Bigfoot shall always be entitled at its sole and absolute discretion to appropriate and allocate any payment received from the

Customer to any indebtedness of the Customer to Bigfoot.

17. Bigfoot shall not be liable for loss or damage to the Customer or be in breach of its obligations to the Customer under these terms

and conditions or otherwise as a consequence of any force majeure. Force Majeure shall include, without limitation, any act of

God, illegal or legal strikes, lockouts, or other labour or industrial action or disputes, sabotage, terrorist acts, wars, riots, civil

disturbances, revolutions, coup d’état, epidemics, quarantine restrictions, landslides, lightning, earthquakes, fires, storms, floods,

arrests and restraints by any governmental authorities, any acts or conduct of any national and/or provincial government, any

acts or conduct of any provincial, local or municipal authority, the promulgation and/or amendment of any legislation, regulations

or by-laws, national or regional or international economic or financial crisis, stress, slump, down-turn, collapse or imminent

collapse, electricity shortages, loadshedding, pandemic (whether local, national, regional or international)l, any lockdown by

government, sanctions, and any other cause or circumstance or event beyond the reasonable control of Bigfoot.

18. The Customer undertakes and warrants that all information of whatsoever nature that the Customer has provided to Bigfoot or

may from time to time provide to Bigfoot in connection with the Customer are and shall be accurate, correct, and true.

19. In addition and without prejudice to all rights, remedies and/or claims that Bigfoot may have against the Customer, Bigfoot shall

have the right to forthwith, and without notice, claim from the Customer immediate payment of any moneys owing by the Customer

to Bigfoot, even if not then due for payment (but which shall be, and become, immediately due, owing and payable by the

Customer to Bigfoot) and/or to enforce its rights against the Customer in terms of these terms and conditions and/or at law and/or

to cancel these terms and conditions and/or any other contract between the Customer and Bigfoot and/or to institute any form of

legal proceedings against the Customer, in any of the following circumstances:

19.1 the Customer fails to pay any amount due to Bigfoot on due date and/or the Customer fails to fulfil any of its other obligations

in terms of these terms and conditions;

19.2 if the Customer is in breach or default of any of these terms and conditions and/or any other contract between the Customer

and Bigfoot;

19.3 the Customer is sequestrated, liquidated, placed under business rescue or debt review, whether provisionally or finally, and

whether voluntarily or compulsorily;

19.4 the Customer commits any acts of insolvency or enters into any compromise with its creditors or fails to satisfy any judgment

granted against it within fourteen (14) days after the date of the judgment or does not successfully rescind any judgment

that is obtained against it within 20 (twenty) days from the date when the Customer becomes aware of such judgment.

19.5 the Customer is unable to pay any amounts when they fall due for payment;

19.6 the Customer ceases to trade or do business or is trading recklessly (or is deemed by Bigfoot, in its sole discretion, that

the Customer is trading recklessly) or the Customer disposes any of all or a major part of its assets or undertaking or other

significant assets for or relating to is business other than in the ordinary course of business;19.7 the Customer is deregistered as a company, close corporation or created entity;

19.8 the Customer is in breach or default of any of the Customer’s obligations in terms of or arising from any agreement with a

third party which will significantly affect the Customer’s business and/or ability to operate; and/or

19.9 the Customer, whether directly or indirectly (whether by conduct, omission or connivance) makes or allows any statement,

in any form of media (including social media) or otherwise, which, directly or indirectly, impairs, harm, prejudices or defames

Bigfoot, its shareholders, directors and officers.

20. The Customer consents to Bigfoot instituting any legal proceedings arising out of these terms and conditions in any Magistrates

or High Court that would have the appropriate jurisdiction.

21. For proceedings taken against the Customer in any Magistrates Court, the Customer hereby consents in terms of Section 58 of

the Magistrates’ Courts Act to judgement or to judgement and an order in favour of Bigfoot for payment to Bigfoot of any amount

in terms of and/or arising from the terms and conditions, upon receipt (or deemed receipt) by the Customer of a letter of demand

or of a summons demanding payment of any such amount and the costs claimed in the letter of demand or summons. In such

event, the Magistrates Court may, on the written request of Bigfoot its attorneys enter judgement for Bigfoot against the Customer,

for the which amount / debt and costs the Customer hereby consents.

22. In the event that Bigfoot successfully enforces its rights against the Customer, then the Customer shall liable pay, on demand, all of Bigfoot’s

legal fees and costs payable by Bigfoot to it lawyers, on the attorneys and own client scale, such fees and costs being the usual hourly and

daily rates of such lawyers for the time being. Such costs shall be payable by the Customer whether or not legal proceedings are taken by

Bigfoot.

23. The Customer chooses its domicilium citandi et executandi (notice address), for all purposes, in terms of and/or arising from these terms

and conditions at the physical and email addresses of the Customer provided to Bigfoot in its application or request for a credit facility to

which these terms and conditions apply or relate, alternatively at its registered office address for the time being, or any physical address of

the Customer in the records of Bigfoot.

24. The laws of the Republic of South Africa shall govern these terms and conditions.

25. No relaxation, indulgence or extension of time which Bigfoot may grant to the Customer shall prejudice nor constitute a novation and waiver

of any and all of Bigfoot’s rights, nor be estoppel against Bigfoot.

26. No variation nor amendment of these terms and conditions or cancellation thereof by the Customer shall be valid and effective unless in

writing and signed by the duly authorised representative of Bigfoot.

27. Bigfoot shall have the right to cede or assign any of its rights and obligations (or delegate its obligations) under these terms and conditions

without notice to the Customer. The Customer shall not cede, assign or delegate any of its rights and/or obligations under these terms and

conditions and/or any other agreement between it and the Bigfoot without the prior written consent of Bigfoot.

28. All of the requisite steps and authority required to be taken by the Customer in accordance with its constitutional documents (including,

without limitation, its memorandum of incorporation) and/or by law, in connection with these terms and conditions and the transaction/s

herein contemplated, has/have been duly and properly taken by the Customer.

29. If any of these terms and conditions are found to be invalid or unenforceable, such term or condition shall be severable from these terms

and conditions without affecting the enforceability or validity of the remaining terms and conditions.

30. In these terms and conditions, unless the context clearly indicates otherwise – (a) days shall means all days (including weekends and public

holidays); (b) a gender refers to the other genders; (c) persons include natural persons and any created entity (including a company) shall

mean any person, including a natural, artificial, corporate and juristic person; and (d) the singular includes the plural and vice versa.

31. The rule that in case of ambiguity a contract will be interpreted against the party who is responsible for the preparation of a contract shall

not apply to these terms and conditions.

32. These terms and conditions shall be binding on all the successors-in-title and assigns of Bigfoot and the Customer.

33. The Customer shall have fully agreed to these terms and