Badger Industrial Services v Tailco Chrome (PTY) LTD and Others (M193/2017)
Badger Industrial Services v Tailco Chrome (PTY) LTD and Others (M193/2017) [2018] ZANWHC 54 (22 February 2018)
The court found that the service agreement between the parties contained a clear non-variation clause requiring all amendments, including price changes and additional services, to be in writing and signed by both parties. The applicant relied on alleged verbal agreements and written correspondence to support claims for increased prices and additional services, but failed to produce any written and signed amendments as required by the contract. The court held that the non-variation clause is enforceable and precludes reliance on oral variations. Furthermore, the applicant's claim was inconsist…
Source excerpt
- Contractual Variation
- Non Variation Clause
- Suretyship
- Written Agreement Enforcement
- Premature Claim
- Onus Of Proof