AGREEMENT

AGREEMENT

BETWEEN

(hereafter referred to as the "COMPANY")

and

__________________________

Insert name

(hereafter referred to as the "Service Provider")

For the provision of

__________________________

The Services

A. INTRODUCTION

The Service Provider must pursue the highest ethical standards in all its dealings with the Company.

In accordance with the Company’s policy of maintaining the highest ethical standards, no employees or their families are permitted to accept gifts, entertainment, loans or any other favours from any current or prospective Service Providers.

The Company wishes to extend an open invitation to the Service Providers to contact the Company’s management if there is any cause for concern about the Company’s interaction or the Company’s standards, policies and procedures are not being adhered to.

B. RECITAL

The Company is a short-term insurance company requiring the services of the Service Provider from time to time. The Service Provider undertakes to have the necessary skills and resources to provide the Services. The parties wish to record in writing the terms and conditions of their agreement.

1. INTERPRETATION AND DEFINITIONS

1.1. In this agreement and in the annexures to this agreement -

1.1.1. clause headings are for convenience only and are not to be used in its interpretation;

1.1.2. an expression which denotes -

1.1.2.1. any gender includes the other genders;

1.1.2.2. a natural person includes a juristic person and vice versa;

1.1.2.3. the singular includes the plural and vice versa;

1.2. "Business Day" means a day other than a Saturday or a Sunday or a day, which from time to time is a proclaimed public holiday in the Republic of South Africa.

1.3. "Business Hours" shall mean those hours between 08:00 to 17:00 Monday to Friday on any Business Day;.

1.4. "Commencement Date" shall mean date of signature of this agreement.

1.5. “Regent” shall mean Regent Insurance Company Limited a public Company duly registered in terms of the Company Laws of South Africa, with registration number: and trading as a registered domestic short term Insurance Company.

1.6. "Signature date "shall mean the date of signature of this agreement by the signatory who signs it last;

1.7. "VAT" ‑ shall mean Value Added Tax payable in terms of the Value Added Tax Act of 1991;

1.8. Any substantive provision conferring rights or imposing obligations on any party in the interpretation clause shall be given effect to as if it were a substantive provision in the body of the agreement.

1.9. Words and expressions defined in any clause shall, unless the application of any such word or expression is specifically limited to that clause, bear the meaning assigned to such word or expression throughout this agreement.

1.10. Any reference to the Company shall include any subsidiary of the Company.

1.11. Reference to months or years shall be construed as calendar months or years.

1.12. No provision herein shall be construed against or interpreted to the disadvantage of any party by reason of such party having or being deemed to have structured, drafted or introduced such provision.

1.13. Unless specifically otherwise provided, any number of days prescribed shall be determined by excluding the first and including the last day or, where the last day falls on a Saturday, Sunday or public holiday, the next succeeding Business Day.

1.14. Unless specifically otherwise provided, all amounts in this agreement are exclusive of value-added tax.

1.15. This agreement incorporates the annexures which shall have the same force and effect as if set out in the body of this agreement. In this agreement the word "Agreement" refers to this agreement and the words "clause" or "clauses" and "Annexure" or "annexures" refer to clauses of and annexes to this agreement.

2. DURATION

2.1 This Agreement shall commence on the date of signature hereof, in respect of the Service Providers services to be rendered in accordance with the provisions of Annexure C hereto being the scope of services. and shall subsist, subject to the provisions of clause 2.6 below, for the duration of the service being undertaken by the Service provider or the termination of this agreement at an earlier date in accordance with clause 2.2, and/or 2.3.

2.2 This agreement may be terminated for any reason and at any time prior to the service referred to in clause 2.1 above being effected or completed by either party giving 2 (two) days written notice of its intention to terminate this agreement and the reasons therefore;

2.3 Subject to the provisions of this clause, should either party allege that the other party is in a non-material breach or is in default of the performance of any of its obligations in terms of this Agreement, the aggrieved party shall notify the other of the default in writing specifying the nature thereof. The Service Provider acknowledging that it is to address the relevant written notification to the Group Procurement Department Should either party be in breach after notice as above, and remain in breach for a period of 5 (five) days after written notice to rectify such breach has been delivered, the aggrieved party shall be entitled forthwith to cancel this Agreement.

2.4 Notwithstanding any other provision contained herein, the Company shall be entitled to terminate this agreement immediately, and without notice, on one or more of the following events without prejudice to any further rights or claims it may have whether for damages, specific performance or otherwise:

2.4.1 The Contractor being declared insolvent or suffering a judgment to be granted or entered against him in or by any court of law, and/or

2.4.2 The Contractor being convicted of an offence involving dishonesty; and/or the Contractor exceeding his authority in any manner whatsoever which results in a material loss of any nature whatsoever being occasioned to the Company; and/or

2.4.3 The Contractor having participated in conduct, which is likely to bring the Company and/or himself into disrepute. This is irrespective of whether the conduct took place prior to the commencement of this agreement or not; and/or

2.4.4 The Company having reasonable suspicion that the Contractor is abusing the system to inflate claims by any means. The onus will be on the Contractor to prove unreasonableness; and/or

2.4.5 A material breach.

2.5 The contractors obligations as more fully set out hereunder in, inter alia, clauses 3.4, 8.13 herein shall endure the cancellation of this agreement

3. OBLIGATIONS OF THE SERVICE PROVIDER

3.1. The Service Provider must complete the Supplier Information Form attached hereto as Annexure “A”.

3.2. The Service Provider shall comply with the procedures applicable to its business as set out in Annexure “C”.

3.3. The Service Provider must ensure and warrant that all personnel in its employment utilised for the Company’s claim/s are suitably qualified to fulfil the obligations to the Company and that the said personnel comply with the required level of competency as required by legislature where applicable.

3.4. If the Service Provider fails to fulfil any obligation, the Company shall be entitled to employ and pay other persons to carry out the same and all expenses consequent thereon or incidental thereto shall be borne by the Service Provider and shall be recoverable by the Company.

3.5. Under no circumstances is the Service Provider to offer any gifts, money or services whatsoever to any staff member of the Company. This could result in termination of this Agreement.

3.6. The Service Provider must provide proof of liability insurance and/or any other insurance cover that may be deemed necessary to fulfil its obligations in terms of this Agreement simultaneously with the signing hereof alternatively the service provider’s members/directors/shareholders will be required to complete the annexed suretyship agreement.

4. PERFORMANCE LEVELS

The Service Provider shall comply with the Performance Levels set out in Annexure “C”, failing which the Company shall be entitled to apply the Penalties set out therein. Penalties will be applied to poor or non-performance of all obligations set out in this Agreement.

5. TECHNOLOGICAL & COMMUNICATION REQUIREMENTS

The Service Provider shall comply with the following technological & communication requirements as set out below:

5.1Internet Access

5.2Electronic Mail ( “Email” )

5.2.1the following email addresses shall not be regarded as current and usable: Yahoo.com; Gmail.com; MSN.com; Hotmail.com and Webmail.com.

5.3Dedicated Fax Line

5.4Telephone

5.5The Service Provider agrees to support and adhere to any technological and communicative requirements that the Company may reasonably require.

6. QUOTATIONS, INVOICING AND PAYMENT

See Annexure “C”.

7. RATES

See Annexure “B”.

8. AUDITS

The Company shall be entitled and on reasonable notice to audit the books of account, procedures and process of the Service Provider which audit includes, but not limited to, access to all data, records and policies pertaining to the Service Provider’s obligations in terms of this Agreement and the contractor undertakes to co operate fully with the said quality assessments and audits. Any failure to co-operate shall be deemed and acknowledged by the Service Provider to be a material breach of this agreement

9. SUB-CONTRACTING

Sub-contracting of work in part or in whole is not allowed. In the event of a Service Provider not being able to fulfil its obligations to the Company without utilising the services of a sub-contractor, the Service Provider may apply to the Company, Procurement Department, to have the elected sub-contractor officially added to the Service Provider’s portfolio. The Service Provider acknowledges that the decision of the Procurement Department in respect of the appointment of a sub contractor, shall be final.

10. BREACH

10.1 Should either party allege that the other party is in breach of the performance of any of its obligations in terms of this Agreement and remain in breach for a period of 14 (fourteen) days after written notice to rectify such breach has been delivered, the aggrieved party shall be entitled to cancel this Agreement.

10.2 Should several breaches be committed within a period of 2 consecutive months despite each being rectified, the aggrieved party shall be entitled to cancel this Agreement.

11 TERMINATION

11.1 Notwithstanding any other provision contained in this agreement, the Company shall be entitled to terminate this Agreement immediately, and without notice, on one or more of the following events without prejudice to any further rights or claims that it may have whether for damages, specific performance or otherwise. Where the Service Provider:

11.1.1 is declared insolvent or is involved in proceedings involving fraud, dishonesty or judgment has already been granted against the Service Provider in this regard by any court of law or arbitration forum;

11.1.2 or any of its directors/members is convicted of an offence involving dishonesty; and/or the Service Provider exceeding his authority in any manner whatsoever which results in a material loss of any nature whatsoever being occasioned to the Company;

11.1.3 having participated in conduct, which is likely to bring the Company and/or himself into disrepute. This is irrespective of whether the conduct took place prior to the commencement of this Agreement or not; or

11.1.4 is abusing the system to inflate claims by any means. The onus will be on the Service Provider to prove unreasonableness.

12 TRANSFER OF AGREEMENT

12.1 The Service Provider shall not cede, assign or transfer the Agreement or any portion thereof without the consent in writing of the Company.

12.2 The Company shall not be bound to give such consent but may withhold same without assigning any reason therefore or grant such consent subject to such terms and conditions it deems fit.

12.3 In the event of the agreement being ceded the Contractors obligations as set out in inter alia clauses 3.4,8,13 will survive such cession shall remain in full force and effect.

13. INDEMNITY

13.1 The Company will not be responsible to any third party or Insured for any loss or damage of whatsoever nature arising out of or in connection with any advice or recommendations provided by the Service Provider or as a result of the Service Provider exceeding its mandate or failing to carry out of its obligations in terms of this Agreement. The Service Provider indemnifies and holds the Company harmless against any and all liability, howsoever arrising in respect of any claim made against it in consequence of any such matter as is referred to in this clause.

13.2 In the event of the Company being held liable or in the event of any legal action being commenced against the Company as a result of any loss damage or injury of whatsoever nature sustained by a Third Party or an insured as a result of the negligent, grossly negligent or wilful action of the Contractor, its personnel, Contractors or agents, the Contractor agrees to indemnify the Company against any such loss or damage, the Company may sustain as a result of such actions.

13.3 The Contractor shall ensure that all of its personnel, agents or contractors agree to abide by the provisions of this Agreement and its addendums where this is applicable to such personnel, agents or contractors.

14. RELATIONSHIP

Nothing contained herein shall create or be deemed to create any relationship of employment, agency, partnership or joint venture between the parties and neither Regent nor the customer shall hold itself out as the agent, employee or partner of the other or as being in or forming part of a joint venture with the other.

15. CONFIDENTIALITY

The Parties may have access to confidential information and trade secrets of the other. The Parties hereby unconditionally undertake in favour of each other that each of them will not at any time divulge or disclose to any person or permit it to be divulged or disclosed to any person, or make use in any way whatsoever (other than directly in connection with the fulfilment of the respective contractual rights and obligations set out herein or as may be required by law) of any information or trade secrets relating to the affairs or business or method of carrying on business of either of the Parties without the consent of the Party concerned. A breach of this confidentiality undertaking shall in all circumstances be regarded as material. Should this Agreement not be implemented for any reason whatsoever, each of the Parties undertake forthwith to return to the other Party any document, whether in printed or electronic form or otherwise, provided to such exclusive property of the Party concerned. Party for the purposes hereof, it being the intention that such information remains the

16.DOMICILIUM AND NOTICES

16.1The parties choose domicilium citandi et executandi ("domicilium") for all purposes relating to this agreement, including the giving of any notice, the payment of any sum, the serving of any process, as follows –

16.2 Regent

physical-146 Boeing Rd East, Elma Park, Edenvale, 1610

16.3 Service Provider

physical-

facsimile-

16.4 Either party shall be entitled from time to time, by giving written notice to the other, to vary its physical domicilium to any other physical address (not being a post office box or poste restante) and to vary its facsimile domicilium to any other facsimile number.

16.5 Any notice given or payment made by either party to the other ("addressee") which is delivered by hand between the hours of 09:00 and 17:00 on any business day to the addressee's physical domicilium for the time being shall be deemed to have been received by the addressee at the time of delivery.

16.6 Any notice given by either party to the other which is successfully transmitted by facsimile on a business day to the addressee's facsimile domicilium for the time being shall be deemed to have been received by the addressee on the business day immediately succeeding the date of successful transmission thereof.

16.7 This clause 16 shall not operate so as to invalidate the giving or receipt of any written notice which is actually received by the addressee other than by a method referred to in this clause 16.

17 FORCE MAJEURE

17.1 Delay or failure to comply with or breach of any of the terms and conditions of this Agreement if occasioned by or resulting from an act of God or public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, civil war, revolution, civil commotion or other civil strife, riot, strikes, blockade, embargo, sanctions, epidemics, act of any Government or other Authority, compliance with Government orders, demands or regulations, or any circumstances of like or different nature beyond the reasonable control of the party so failing, will not be deemed to be a breach of this agreement nor will it subject either party to any liability to the other.

17.2Should either party be prevented from carrying out its contractual obligations by force majeure lasting continuously for a period of 30 (thirty) calendar days, the parties will consult with each other regarding the future implementation of the contract. If no mutually acceptable arrangement is arrived at within a period of 30 (thirty) calendar days thereafter, either party will be entitled to terminate the agreement forthwith on written notice.

18.GENERAL

18.1This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof.

18.2 No amendment or consensual cancellation of this Agreement or any provision or term thereof or of any agreement, bill of exchange or other document issued or executed pursuant to or in terms of this agreement and no settlement of any disputes arising under.

18.3 this agreement and no extension of time, waiver or relaxation or suspension of any of the provisions or terms of this agreement or of any agreement, bill of exchange or other document issued pursuant to or in terms of this Agreement shall be binding unless recorded in a written document signed by the parties.

18.4 No extension of time or waiver or relaxation of any of the provisions or terms of this agreement or any agreement, bill of exchange or other document issued or executed pursuant to or in terms of this agreement, shall operate as an estoppel against any party in respect of its rights under this agreement, nor shall it operate so as to preclude such party thereafter from exercising its rights strictly in accordance with this Agreement.

18.5 No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.

ANNEXURE "A"

THE SUPPLIER INFORMATION FORM

The Supplier Information Form forms part of this Agreement. All information furnished therein is regarded as true and correct and forms the basis upon this Agreement is entered into. In the event of any non-disclosure of information or misrepresentation, whether such information is considered to be material or not, the Company may elect to terminate this Agreement with immediate effect and reserves its right to sue for any damages suffered as a result of such non-disclosure or misrepresentation.

ANNEXURE "B"

RATES

ANNEXURE “C”

COMMODITY SPECIFIC

GENERAL METHODOLOGY

1.1

The Service Provider is not allowed to factor their invoices unless agreed to in writing by the Company.

1.2

The Service Provider must ensure that the invoiced items are described in such a manner that the items can be readily identified and that the description includes the following: -

· Model number of item

1.3In addition to the above, the following information shall also form part of the invoice: -

· Date of supply

· Name of insured

· Claim number

· Name of claims consultant/clerk

· Name of supplier’s sales person

· All itemised prices and subtotals are to include V.A.T.

1.4Payments will only be effected on original invoices .

1.5Items not yet delivered/supplied at the time of the invoice are not allowed to appear on the invoice.

1.6Invoices shall only be authorised for payment by the claims consultant/clerk once all requirements have been met and verified as correct by the claims consultant/clerk.

1.7

The Clearance Certificate must be submitted with the invoice.

1.8

The Company will effect payment of invoices within 30 days after receipt thereof.

1.9Non-compliance to the above may result in a delay of payment in which event the Company shall not be penalised regarding any settlement discounts where applicable.

1.10

The Service Provider must make arrangements to collect any excess from the Insured.

1.11

Unless the Service Provider is provided with a different mandate, as per Annexure “C”, the following shall be adhered to:

1.12On arriving at the site of repairs, the Service Provider is to assess the extent of repairs as well as assessing whether the event giving rise to the claim/repairs is an Insured Peril. If the Service Provider is uncertain as to the existence of the Insured Peril, the Service Provider shall contact the relevant claims handler.

1.13 In the event of the Service Provider not complying with any prescribed procedures and carries out repairs, the cost of such repairs will be borne by the Service Provider and no payment will be effected by the Company in respect of the repairs.

2. Image

The following factors must be considered with regard to portraying a professional image:

2.1 The use of clean, clearly marked vehicles in good working order. A satisfactory claims experience can be spoiled by an oil leak found on the client’s driveway. Place drip trays under the engine whether or not you have an oil leak in order to show concern for the iInsured’s premises.

2.2 Consult with the Insured regarding furniture that may be moved to avoid accidental damage during the course of the repairs. If the furniture cannot be moved it must be adequately covered.2.3 When working in or around baths, basins etc. cover the areas that could possibly be damaged. Underfelt is a suitable material.2.4 Clean overalls in a good condition depicting the name of your company should be worn by all your staff members and identification tags should be worn at all times. With crime being as prevalent as it is, it is imperative to advise the client of the staff members that will be attending the premises.3. 24 / 7 Service

Service Providers that can provide a 24/7 service will be viewed favourably and will enjoy a greater volume of work. These services relate mainly to plumbing, electrical and security services. Clients have been known to request remedial building services to take place on weekends and after hours.

4. Time Lines

The following time lines must to be adhered to:

4.1Contact with Insured:

within 3 hours of receipt of claim

4.2Quote to the Company:

within 2 days of receipt of claim

4.3Final invoice once work is complete: within 14 days of completion of work

5.

Time keeping

In the event of you being unable to attend the Insured’s premises at the agreed time, you must contact the Insured to arrange an alternate appointment.

6.

Poor Workmanship / Unsupervised Repairs

The Service Provider must ensure at all times that all work is supervised and that all staff are equipped with the necessary tools and equipment to effect professional repairs.

7. COMMODITIES

SECTION A : CELL PHONE REPAIRS

1.If the repair cost is more than 50% of the actual value of the cell phone to be replaced, no repair is to be effected.

SECTION B : ELECTRONIC REPAIRS & RELATED SERVICES

REPORTING, QUOTING, INVOICING AND PRICING

1.All additional costs i.e. technical advice, installation etc. must be approved by the relevant claims handler

SECTION C : GENERAL REPAIRS

REPORTING, QUOTING, INVOICING AND PRICING

1.All additional costs i.e. Technical advice, installation etc. must be approved by the relevant claims handler

2.Inspection Fees payable as per Annexure B. Reasonable Inspection fees are only payable on items that are beyond economical repair. However, if more than one item is collected from a client and one is not repairable, no inspection fee is to be charged.

SECTION D : GENERAL REPLACEMENT

1.Items not yet delivered/supplied at the time of the invoice are not allowed to appear on the invoice.

2.The relevant claims handler must approve all additional costs i.e. Technical advice, installation etc..

SECTION E : REPLACEMENT OF JEWELLERY

1. METHODOLOGY

1.1The claims consultant/clerk will identify and determine the items due for replacement. At the request of the consultant/clerk, the supplier will assist in identifying replacement models for discontinued products.

1.2In the event of the supplier providing the information for an alternative make/model, the onus will be on the supplier to ensure that the alternative make/model equals the discontinued product as far as technical specifications/features are concerned. In the event of the alternative make/model not conforming to the discontinued make/model, any claim loss or liability which may arise from such non-conformance shall be born by the Supplier and not the Company.

1.3The supplier will only replace such items as duly authorised by the claims consultant/clerk. No deviations will be allowed, unless specifically authorised by the claims consultant/clerk in writing. Such authorisation does not prejudice the rights of the Company as set out in Clause 1.2.

1.4Upon delivery/collection of replacement items by the supplier/insured, the supplier shall invoice the Company accordingly.

1.5Payment will only be effected upon receipt of the invoice and the signed delivery note as indicated under 5.Reporting, Quoting, Invoicing & Pricing

2.REPORTING, QUOTING, INVOICING AND PRICING

2.1The structure and format of the reports and quotes are as set out in Annexure “A”.

2.2The Supplier is not allowed to factor their invoices unless agreed to in writing by the Company.

2.3The Supplier, at the Companies discretion can be requested to assist with updating and maintenance of the rates as well as market research.

2.4Upon invoicing the supplier shall ensure that the invoiced items are described in such a manner that the items can be readily identified and that the description includes the following: -

2.4.1Quantity supplied

2.4.2(Watches)

2.4.3Quantity supplied

e.g. 1 x or 4 x

2.4.4Brand / Make and description e.g. Gents two tone Tag Kirium watch

2.4.5Model number of item

e.g. WL 5111. BA0700

2.4.6Valuation certificate

e.g. (Current replacement value)

2.4.7(Diamonds)

2.4.8Colour

e.g. D, E, F, G, H, I, J, K etc.

2.4.9Cut

e.g. Round Brilliant, Oval, Marquise etc.

2.4.10Clarity

e.g. FL, VVS1, VS2, SI2, I2 etc.

2.4.11Carat

e.g. 0,05ct, 0.75ct, 1,5ct, 4ct etc.

2.4.12Setting

Type e.g. (Ring, tennis bracelet, etc.)

2.4.13Valuation certificate

(Current replacement value)

2.4.14(Gold & Platinum Jewellery)

2.4.15Weight

e.g. (Specify number of grams and price per gram)

2.4.16Carat

e.g. 9ct, 18ct etc.

2.4.17Type

e.g. Hand-made or Machine-Made

2.4.18Valuation certificate

(Current replacement value)

2.4.19(Pens, Silverware and Ornaments)

2.4.20Quantity supplied

e.g. 1 x or 4 x

2.4.21Brand / Make and description e.g. Cross, Mont Blanc (Pens) etc.

2.4.22Model number of item

e.g. abc, 123, etc.

2.4.23Valuation certificate

(Current replacement value)

2.5In addition to the above, the following information shall also form part of the invoice: -

2.5.1Date of supply

2.5.2Name of insured

2.5.3Claim number

2.5.4Name of claims consultant/clerk

2.5.5Name of supplier’s sales person

2.5.6All itemised prices and subtotals are to include V.A.T.

2.6The prices charged by the supplier shall be as per Annexure B.

2.7Items not yet delivered/supplied at the time of the invoice are not allowed to appear on the invoice.

2.8The relevant claims handler must approve all additional costs i.e. Technical advice, installation etc..

2.9The onus shall rest on the supplier to ensure the “best price” for the Company at all times.

2.10Invoices shall only be authorised for payment by the claims consultant/clerk once all requirements have been met and verified as correct by the claims consultant/clerk.

2.11The Company will effect payment of invoices within 30 days after receipt thereof.

2.12Non compliance to the above may result in a delay of payment in which event the Company shall not be penalised regarding any settlement discounts where applicable.

2.13Upon completion of the repairs, a Clearance Certificate (Annexure ‘D’) is to be signed by the Insured. The Clearance Certificate is to be submitted with the invoice. If no Clearance Certificate is provided no payment will be effected. The Clearance Certificate together with the invoice must be submitted within 48 hours of completion of the repairs / Replacement.

SECTION F : PLUMBING SERVICES

1. REPORTING, QUOTING, INVOICING AND PRICING

1.1Upon completion of the repairs, a Clearance Certificate (Annexure ‘D’) is to be signed by the Insured. The Clearance Certificate is to be submitted with the invoice. If no Clearance Certificate is provided no payment will be effected. The Clearance Certificate together with the invoice must be submitted within 48 hours of completion of the repairs.

1.2Items not yet delivered/supplied at the time of the invoice are not allowed to appear on the invoice.

1.3The relevant claims handler must approve all additional costs i.e. Technical advice, installation etc.

1.4All quotations and invoices shall be in accordance with and contain the rates and measurements as set out in Annexure “B”. No adjustments will be allowed on such rates and measurements, except when same is effected from time to time from the Company.

1.5All material or work to be utilised or effected in respect of the execution of any repairs and which are not covered by the rates and measurements as set out in Annexure “B” will be invoiced to the Company at a price not more than the contractors invoiced cost plus a mark up as per Annexure “B”. The Contractor undertakes to ensure that all such materials as well as the fixtures and fittings are procured at the best possible going rate.

1.6If it becomes apparent prior to the commencement of repairs and after the submission of a quote that additional repairs are required, such additional repairs are to be authorised by the responsible claim handler prior to commencement of any work. Such additional repairs are to be reflected on an amended quote.

1.7The Contractor is to make arrangements to collect any excess from the insured.

SECTION G : COMPUTER REPAIRS/REPLACEMENT

1.METHODOLOGY

1.1The claims consultant/clerk will identify and determine the items due for replacement. At the request of the consultant/clerk, the supplier will assist in identifying replacement models for discontinued products.

1.2In the event of the supplier providing the information for an alternative make/model, the onus will be on the supplier to ensure that the alternative make/model equals the discontinued product as far as technical specifications/features are concerned. In the event of the alternative make/model not conforming to the discontinued make/model, any claim loss or liability which may arise from such non-conformance shall be born by the Supplier and not the Company.

1.3The supplier will only replace such items as duly authorised by the claims consultant/clerk. No deviations will be allowed, unless specifically authorised by the claims consultant/clerk in writing. Such authorisation does not prejudice the rights of the Company as set out in paragraph 1.2.

1.4Upon delivery/collection of replacement items by the supplier/insured, the supplier shall invoice the Company accordingly.

1.5Payment will only be effected upon receipt of the invoice and the signed delivery note as indicated under

SECTION H : CARPET CONTRACTOR

1. INITIAL PROCEDURES

1.1On appointment of the Contractor initial contact must be made with the Insured on the same day. If the Contractor is not able to contact the Insured, the responsible claims handler of the Company is to be notified immediately.

1.2No appointment should be accepted unless it can be attended to within a reasonable time.

2.METHODOLOGY

2.1On arriving at the site of repairs, the Contractor is to assess the extent of repairs as well as assessing whether the event giving rise to the claim/repairs is an Insured Peril. If the Contractor is uncertain as to the existence of the Insured Peril, the Contractor shall contact the relevant claims handler.

2.2In the event of the Contractor not complying with any prescribed procedures and carries out repairs, the cost of such repairs will be borne by the Service Provider and no payment will be effected by the Company in respect of the repairs.

SECTION I : BUILDING CONTRACTOR

1. QUOTES, INVOICING AND PAYMENT

1.1All quotations and invoices shall be in accordance with and contain the rates and measurements as set out in Annexure “B”. No adjustments will be allowed on such rates and measurements, except when same is effected from time to time by the Company. The Service Provider, at the Companies discretion can be requested to assist with updating and maintenance of the rates as well as market research.

1.2.1 All material or work to be utilised or effected in respect of the execution of any repairs and which are not covered by the rates and measurements as set out in Annexure “B” will be Invoiced to the Company at a price not more than the Service Providers invoiced cost plus a mark up as per Annexure “B”. The Service Provider undertakes to ensure that all such materials as well as the fixtures and fittings are procured at the best possible going rate.

1.3If it becomes apparent prior to the commencement of repairs and after the submission of a quote that additional repairs are required, such additional repairs are to be authorised by the responsible claim handler prior to commencement of any work. Such additional repairs is to be reflected on an amended quote.

1.4The format of quotations is as set out in Annexure “D”.

1.5The following should be noted with regards to quotations:-

· The quotation should consist of an anticipated start and end date.

· Service Provider to liaise with other contractors if and when necessary.

1.6Itemised invoices for services rendered must be submitted immediately upon completion in order to satisfy the Company’s requirements for the Fast Track Claims System.

2. INITIAL PROCEDURES

2.1On appointment of the Contractor contact must be made with the Insured on the same day.

2.2The insured must be visited within 48 hours and a written quote to be submitted to the claims clerk within the same time period.

In the event where the insured is unavailable for an appointment the claims handler must be notified immediately.

3.METHODOLOGY

3.1On arriving at the site of repairs, the Contractor is to assess the extent of repairs as well as assessing whether the event giving rise to the claim/repairs is an Insured Peril. If the Contractor is uncertain as to the existence of the Insured Peril, the Contractor shall contact the relevant claims handler.

3.2In the event of the Contractor not complying with any prescribed procedures and carries out repairs the cost of such repairs will be borne by the Service Provider and no payment will be effected by the Company in respect of the repairs.

SECTION J : ELECTRICAL CONTRACTOR

1 .METHODOLOGY

1.1On arriving at the site of repairs, the Contractor is to assess the extent of repairs as well as assessing whether the event-giving rise to the claim/repairs is an Insured Peril. If the Contractor is uncertain as to the existence of the Insured Peril, the Contractor shall contact the relevant claims handler.

1.2In the event of the Contractor not complying with any procedures laid down in Clauses 1.1 and carries out repairs the cost of such repairs will be borne by the Contractor and no payment will be effected by the Company in respect of the repairs.

SECTION K :GENERAL CONTRACTOR

1. METHODOLOGY

1.1On arriving at the site of repairs, the Contractor is to assess the extent of repairs as well as assessing whether the event-giving rise to the claim/repairs is an Insured Peril. If the Contractor is uncertain as to the existence of the Insured Peril, the Contractor shall contact the relevant claims handler.

1.2In the event of the Contractor not complying with any procedures laid down in Clauses 1.1 and carries out repairs the cost of such repairs will be borne by the Contractor and no payment will be effected by the Company in respect of the repairs.

SECTION L : LEGAL

11. INSTRUCTIONS

1.1The Company’s authorised representative will provide the Attorneys with the instructions.

1.2In the event of the Attorneys needing further information, documentation, further instructions, etc. the Attorneys will request same first from the Company.

1.3If the Company is not in possession of the information, documentation and the like and cannot provide same to the Attorneys, the Company will then provide the Attorneys with the relevant instructions to obtain whatever is needed.

1.4Attorneys will use their own discretion when incurring disbursements in running the matter, but will, when an extra-ordinary high expense is to be incurred, first obtain instructions from the Company.

1.5The Attorneys will in general always act reasonably and in the interest of the Company, always remembering that the object is to save money for the Company, but also to uphold the image of the Company.

2. REPORTING, FEES AND INVOICING

2.1The structure and format of the reports to be provided to the Company will be in a specific format, as agreed to between the parties, to suit the Company’s specific needs. This format may change from time to time, as required by the Company.

2.2Unless otherwise agreed to or requested by the Company the Attorneys will provide the Company with updates at least every 6 (six) weeks.

2.4Upon invoicing the Attorneys shall ensure that the invoice describes in full as how the total has been made up. If need be, the Attorney can make use of a fees list and where applicable a drawn attorney and client bill.

2.5 Upon request by the Company the Attorneys will be required to provide a detailed explanation for a fee and or cost incurred.

SECTION M : LOSS ADJUSTERS

1.METHOD OF OPERATION

1.1Initial contact with the Insured is to be made on the same day the claim is allocated to the Loss Adjuster. If unable to contact the Insured, the responsible claims handler is to be notified immediately.

1.2The insured is to be contacted within 6 hours of receiving the claim.

1.3No claims should be accepted unless it can be attended to within 48 hours from receiving the claim (excluding weekends and public holidays).

1.4The Loss Adjuster shall ensure the validation of the claim in terms of the cover provided by the policy.

1.5The Loss Adjuster is to provide the Company with a detailed report regarding the loss, and the report is to include the following:

1.6The circumstances of the loss.

1.7Check on risk protections and advise on upgrades if applicable.

1.8Check on sum insured by way of a detailed inventory and/or Value at Risk (VAR) and advise the Company accordingly.

1.9For all theft losses, the Loss Adjuster shall liaise with the SAPS to validate the case ref number and circumstances surrounding the claim.

1.10Quantification of the claim utilising the Company’s panel of Service Providers and the Company’s rating structures. Copies, of a minimum of two quotations must be submitted per commodity.

1.11Substantiation of the claim by way of proof of ownership and any other documentation that may support the validation of the claim.

1.12The recommendation with regards the settlement of the claim. Under NO circumstances is the Loss Adjuster to settle the claim in part or whole unless authorised by the responsible claims handler.

1.13If authorised to settle the claim on the Company’s behalf, or its intermediaries, the Loss Adjuster is to ensure that only the Company’s approved panel of Service Providers are utilised on a rotation basis.

SECTION N : MOTOR ENGINEERS

1. METHOD OF OPERATION

1.1Initial contact with the Insured is to be made on the same day the claim is allocated to the Motor Engineer. If unable to contact the Insured, the responsible claims handler is to be notified immediately.

1.2The insured is to be contacted within 6 hours of receiving the claim.

1.3No claims should be accepted unless it can be attended to within 48 hours from receiving the claim (excluding weekends and public holidays).

1.4The Motor Engineer shall ensure the validation of the claim in terms of the cover provided by the policy.

1.5The Motor Engineer is to provide the Company with a detailed report regarding the loss, and the report is to include the following:

1.5.1Quantification of the claim utilising the Company’s panel of Service Providers and the Audatex System including the Company’s rating structures.

1.5.2The recommendation with regards the settlement of the claim. Under NO circumstances is the Motor Engineer to settle the claim in part or whole unless authorised by the responsible claims handler.

1.6If authorised to settle the claim on the Company’s behalf, or its intermediaries, the Motor Engineer is to ensure that only the Company’s approved panel of Service Providers are utilised.

SECTION O : TRACING AGENT / INVESTIGATORS/ SPECIALISTS

1.The Service Provider must ensure that all investigators in its employment utilized for the Company’s claims investigations are suitably qualified to fulfil their obligation to the Company and that the said investigators comply with the required level of competency.

2.All investigations of claims are to be carried out in a manner so as to least inconvenience the insured.

3.The investigator is not to engage in any altercations with the insured. Any difference of opinion is to be reported to the responsible employee of the company for further action.

4.The Service Provider and any appointed investigator shall ensure that in fulfilling its obligations under this agreement, they will not cause harm to the good name and reputation of the Company nor conduct any activities which may have the effect of causing such harm.

5.The Service Provider and appointed investigator shall not engage in any activities which are illegal or unlawful or resort to strong-arm tactics or harass or intimidate any third party or insured.

6.The Supplier and investigator shall, in accordance with the requirements of the Company, afford all reasonable facilities and to and cooperation with any intermediary their staff involved in any claim on which an appointment has been received.

ANNEXURE “D”

CLIENT SATISFACTION FORM

Customer Satisfaction Survey

1.1Follow up on each job via a telephone call to the Insured enquiring about important aspects of the service that you provided.

1.2In addition thereto, you must ensure that the Insured completes the attached Customer Satisfaction Clearance, see Annexure “D”. The Customer Satisfaction Clearance serves as an addendum to the Agreement. If the Customer Satisfaction Clearance is not attached to your invoices, you will not receive payment.

1.3The Customer Satisfaction Clearance will be analysed and collated periodically to determine the overall performance of the panel members. This will enable the Company to determine which panel members are providing the best overall service with the intention of providing these members with a greater volume of work. This will enable the Company to address poor service issues with those panel members that do not meet service expectations.

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