Deed of Surety

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DEED OF SURETYSHIP

I, the undersigned

###
(IDENTITY NUMBER: ###)

hereby bind myself as surety and co-principal debtor to:

###
(Registration No: ###)

(the “Creditor”)

for the due and proper fulfilment of all the obligations of:

###
(Registration Number: ###)

(the “Debtor”)

arising from the delivery of goods (supplying petroleum products) alternatively rendering of
services by the Creditor to the Debtor, amounting to ###, a copy of the relevant invoices is
attached hereto marked as Annexure “A1” to “A3”.

I agree and declare that:

This document has been completed in all respects. I have read the terms and conditions herein and fully
understand the implications thereof.

______________
Creditor Surety
1. I hereby bind myself, my successors and assigns as surety and co-principal debtors,
jointly and severally in solidum with the Debtor in favour of the Creditor for the due
and punctual performance by the Debtor for all its obligations to the Creditor in terms
of the terms and conditions of the Acknowledgement of Debt Agreement, concluded
between the Debtor and the Creditor, of whatsoever the nature such obligations may
be, whether due, owing and payable now or becoming due, owing and payable in the
future.

2. This Agreement is given as a continuing covering suretyship in relation to the Debtor’s


purchases from the Creditor, it being understood by the parties that it covers any
and/or all the obligations of the Debtor which exist from time to time in terms of the
Debtor’s trade with the Creditor in terms of the Acknowledgement of Debt Agreement.

3. I hereby waive and renounces any rights to claim an accounting statement from the
Creditor before making payment and also waives and renounces the benefits of
excussion, divisions, cession of actions and de duobus vel pluribus reis debendi, and
declare that I know and understand and are fully acquainted with the meaning and
effect of this waiver and renouncement.

4. No act of indulgence, relaxation or grace granted by the Creditor to the Debtor or any
amendment of the obligations existing between the Debtor and the Creditor shall
prejudice or affect the Creditor’s rights in terms hereof.

5. The Creditor shall be entitled, without prejudice to its rights and without detracting
from my liability hereunder, to release any securities or other sureties given to it or to
give to or compound with or make any arrangements with the Debtor in regard to the
fulfillment of any of the Debtor’s obligations as the Creditor, in its absolute discretion,
may deem fit.

This document has been completed in all respects. I have read the terms and conditions herein and fully
understand the implications thereof.

______________
Creditor Surety
6. These provisions shall establish a continuing covering liability on my part for whatever
amount/s and whatever other obligation/s are or will be owing by the Debtor to the
Creditor for the time being and from time to time, and notwithstanding the death,
insolvency (which term shall for all the intents and purposes of these presents include
sequestration, liquidation, surrender winding up and judicial management, whether
provisional or final) or legal disability of the Debtor or any other surety(ies) for and/or
co-principal debtor(s) with the Debtor.

7. This Suretyship shall be in addition to and without prejudice to any other Suretyship
or securities now held or hereafter held by the Creditor from or on behalf of the
Debtor.

8. Should I at any time in defending any action based on this Suretyship allege that
there is no reason or cause for the Debtor’s obligation to the Creditor or that errors
have been made in the calculation of the amount claimed, then the onus or proving
such a defence shall rest on me.

9. In any legal action instituted by the Creditor against the Debtor and/or Surety a
certificate signed by or on behalf of the Creditor (whose authority, qualifications and
appointment need not be proved)–

8.1. confirming the amount of the Debtor’s and/or Surety’s liability shall together
with this document-

8.1.1. be prima facie proof of the amount being owed to the Creditor by the
Debtor and/or Surety;

8.1.2. be valid as a liquid document in any court with competent jurisdiction for
purposes of obtaining provisional or summary judgement against the
Debtor and/or Surety and the Debtor and Surety hereby admits their
This document has been completed in all respects. I have read the terms and conditions herein and fully
understand the implications thereof.

______________
Creditor Surety
indebtedness in respect of the amount stated as being due in respect of
such certificate; and

8.2. confirming that something has been done or that something has not been done
shall be prima facie proof of such act or omission.

9. I renounce the benefits of excussion, division and cession of action, the full meaning and
effect whereof I know and understand;

10. (a) I choose domicilium citandi et executandi at

Physical address:

Tel:
E-Mail:

10.1. All notices addressed to me shall be sent by either pre-paid registered post to
the address referred to in sub-clause (a) hereof and in such event shall be
deemed to have been received by me on the 3 rd day after posting or by E-Mail
to the address provided in sub-clause (a) above and in such event shall be
deemed to be received by me on the day of transmission thereof, e-mail report
to be used as proof thereof.

11. It is hereby agreed and confirmed that the Debtor and Creditor entered into an
Acknowledgement of Debt agreement should that Acknowledgement of Debt agreement at
any time be declared void, voidable or void ab initio by a liquidator in terms of the
Companies Act, Insolvency Act and/or any other legislation it would not have any effect on
this Deed of Surety and same will remain remain enforceable against the Surety on the
This document has been completed in all respects. I have read the terms and conditions herein and fully
understand the implications thereof.

______________
Creditor Surety
claim as mentioned in the start of this Deed of Surety and the terms of the
Acknowledgement of Debt agreement concluded with the Debtor.

12. If the Debtor is placed under provisional or final winding-up, my liability hereunder shall not
be affected in any way. I shall remain liable towards the Creditor.

13. Should the Creditor cede its claims against the Debtor to any third party, then this
Suretyship shall be deemed to have been given by me to such Cessionary who has been
entitled to exercise all rights in terms of this Deed of Suretyship as if such Cessionary were
the Creditor.

14. This Suretyship constitutes the entire agreement before me and the Creditor, and no
variation thereof shall be of any force or effect unless in writing and signed by both the
Creditor and I.

15. I acknowledge that no representations whatever have been made to me in order to induce
me to sign this Suretyship.

16. If any term, clause or provision of this Suretyship is contrary to or in conflict or inconsistent
with any law or the judgment of any competent court, the invalidity or unenforceability of any
such term, clause or provision shall not affect the validity of the remainder of this Suretyship,
which shall continue to be of full force and effect.

17. Should the Creditor incur costs in the enforcement of this Deed of Surety, we shall pay such
costs on the attorney and own client scale as well as tracing fees.

18. This Agreement shall only be valid and binding on the date on which the last party in time
signs this Agreement.

This document has been completed in all respects. I have read the terms and conditions herein and fully
understand the implications thereof.

______________
Creditor Surety
DATED at __________________ on this the day of ________________ 2024

AS WITNESSES:

1. _________________________

2. _________________________ _____________________
###

DATED at __________________ on this the day of ________________ 2024

AS WITNESSES:

1. _________________________

2. _________________________ _____________________
###

This document has been completed in all respects. I have read the terms and conditions herein and fully
understand the implications thereof.

______________
Creditor Surety

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