UNDERTAKING

UNDERTAKING
### (Registration Number: ###), herein duly represented by

____________________________ (hereinafter referred to as “the Service
Provider”),
I, the undersigned
___________________________ (Identity Number ______________________) in

my capacity as director and duly authorised to act on behalf of
- _________________________ (Registration Number___________________)

(hereinafter referred to as “the Company”)
of ___________________
___________________
___________________
___________________
(which I hereby choose as domicilium citandi et executandi),
This undertaking (“this instrument”) shall be subject to the terms and conditions as
set out hereunder:
1. This instrument is a legal and binding agreement between the Service Provider
and the Company.
2. This instrument is to be signed by the Company.
3. In terms of this instrument the Service Provider is appointed to render specific

transporting services on behalf of the Company.
4. RESPONSIBILITIES OF THE COMPANY
4.1. It is the Company’s responsibility to ensure that all contractual and statutory
obligations as required by local authority and national regulations and
legislation (as amended from time to time), is complied with in order for the
Service Provider to lawfully render the requested transporting services.
4.2. The Company warrants and undertakes at all material times to provide the
Service Provider with all the necessary and requested documents and will not
place the Service Provider in such situation which will make it impossible to
render the requested transporting services.
4.3. The Company warrants and undertakes that the requested transporting
services will not be against or infringe any contractual and statutory
legislation (as amended from time to time).
5. SURETY
5.1. In so far as this instrument is signed by a natural person/s representing the

Company, such a person/s hereby binds themself to the Service Provider, as
surety to be liable jointly and severally for and as co-principal debtor in
solidum with the Company. For the due and punctual performance by the
Company to the Service Provider of any amount and obligation which now is,
or may hereafter, become owing by the Company to the Service Provider
from any cause of indebtedness.
5.2. The suretyship shall be a continuing covering security for any present or
future indebtedness of the Company to the Service Provider and shall remain
in full force and effect notwithstanding any fluctuation in, or even the
temporary extinction, of such indebtedness.
5.3. The surety agrees to be bound by all admissions or acknowledgements made
or given by the Company to the Service Provider and specifically to the terms
of this instrument as far it can be applied to me.
5.4. For the purpose of any action against the surety arising out of this suretyship,
a certificate signed by an authorised employee of the Service Provider as to
the amount owing by the Company and of the fact that the due date for the
payment has arrived, shall be sufficient and satisfactory proof of facts therein
stated until the contrary shall have been approved.
5.5. The surety renounces the benefits of exclusion, division and cession of
actions, the effect of which the surety understand. The surety choose his/her
domicilium citandi et executandi in respect of any action arising out of, or in
connection with, or incidental to this suretyship, at the Company’s address as
stipulated in this instrument.
6. Any breach in terms of this instrument is regarded to be material.
7. BREACH
7.1. Should the Company fail to provide the warranties and undertakings as
mentioned above, the Service Provider will be entitled to claim financial
damages which would be calculated in considering the following factors, but
not limited thereto:
7.1.1. Petrol/Diesel Consumption;

7.1.2. Labour expenses;
7.1.3. Loss of income;
7.1.4. Wear and tear on truck and trailer.
7.2. Should it become clear that the contractual and statutory obligations as
required by local authority and national regulations and legislation (as
amended from time to time) as mentioned in clause 4.1 above is not
complied with the Company will be liable for all costs related to resolving the
non-compliance to enable the Service Provider to render the requested
transporting services legally.
7.3. Should the Service Provider suffer any damage as a result of the failure to
comply with the contractual and statutory obligations as required by local
authority and national regulations and legislation (as amended from time to
time) of the Company, as referred to in clause 4.1 above, the Company will
be liable for all costs and any losses incurred by the Service Provider.
7.4. Should any third party take control of any trucks of the Service Provider or
should the Service Provider be impaired in any manner as a result of the
Company’s actions in an attempt to resolve the contractual and statutory
legislation (as amended from time to time), the Company will be financially
liable for all costs incurred to enable the release of any trucks or resolving
any impairment suffered by the Service Provider.
8. Should it become necessary for the Service Provider to obtain any legal
assistance in relation to this undertaking the Company will be liable for all legal
costs incurred on attorney and client scale.
9. No additions to, alterations, variations or cancellation hereof shall be of any force

or effect, unless reduced to writing and signed by the Company as well as the
Service Provider, or its agent, duly authorised thereto in writing.
10. Should any provisions of this instrument become unlawful by reason of any law,
then such unlawful provision only, shall be severed from this instrument and the
remaining provisions shall continue to be of full force and effect.
Signed at ____________________ on this ____ day of ___________________
202_.
In the presence of the undersigned witnesses:
AS WITNESSES:
1. ___________________________ ___________________________
THE COMPANY, duly authorised
2. ___________________________
Signed at ____________________ on this ____ day of ___________________

202_.
In the presence of the undersigned witnesses:
AS WITNESSES:
1. ___________________________ ___________________________
THE SERVICE PROVIDER,
duly authorised
2. ___________________________

UNDERTAKING

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UNDERTAKING

### (Registration Number: ###), herein duly represented by

_____ (Identity Number ) in

- _______ (Registration Number_)

2. This instrument is to be signed by the Company.

3. In terms of this instrument the Service Provider is appointed to render specific

5.1. In so far as this instrument is signed by a natural person/s representing the

6. Any breach in terms of this instrument is regarded to be material.

7.1.1. Petrol/Diesel Consumption;

9. No additions to, alterations, variations or cancellation hereof shall be of any force

In the presence of the undersigned witnesses:

Signed at __ on this day of _

In the presence of the undersigned witnesses:

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