TERMS AND CONDITIONS

EWG Metals (Pty) Ltd
Recycled Scrap Metal and HDPE Pipes Dealer
Middelburg, South Africa

Effective Date: 2025-11-27
Last Updated: 2025-11-27

1. INTRODUCTION AND ACCEPTANCE

1.1 These Terms and Conditions govern all transactions between EWG Metals (Pty) Ltd (“EWG Metals”, “we”, “us”, “our”, “the Company”) and any person or entity (“you”, “the Seller”, “the Buyer”, “the Customer”) dealing in scrap metal and/or HDPE pipes.

1.2 By engaging in any transaction with EWG Metals, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

1.3 EWG Metals reserves the right to amend these Terms and Conditions at any time by providing notice to customers and publishing updated terms on our premises and website.

2. REGULATORY COMPLIANCE AND REGISTRATION

2.1 EWG Metals Registration

2.1.1 EWG Metals is registered with the South African Police Service (SAPS) as a Dealer and Recycler in accordance with the Second-Hand Goods Act, 2009 (Act No. 6 of 2009) (“SHGA”).

2.1.2 Our SAPS Certificate of Registration is displayed at our business premises and is available for inspection during business hours.

2.1.3 EWG Metals maintains valid registration with the South African Revenue Service (SARS) and complies with all applicable tax legislation.

2.2 Seller Registration Requirements

2.2.1 All persons or entities selling scrap metal to EWG Metals must be registered with SAPS as required by the SHGA and current regulations.

2.2.2 Sellers of copper scrap, waste, semi-finished, and finished copper products must provide proof of valid SAPS registration as a dealer or recycler.

2.2.3 Registered business entities must provide:

• Valid SAPS registration certificate
• Current SARS registration documentation
• Valid tax invoices for all transactions
• Bank account details for Electronic Funds Transfer (EFT) payments
• Business registration number or Company registration

2.2.4 Sellers arising from contracts with state utilities or government entities must substantiate the authority governing any scrap metal disposals.

2.2.5 Individual sellers must provide:

• Valid South African identity document or passport
• Proof of residence (not older than three months)
• Contact details including physical address and telephone number

2.2.6 EWG Metals reserves the right to refuse any transaction with unregistered sellers or sellers who cannot provide required documentation.

3. PROHIBITED TRANSACTIONS AND STOLEN GOODS

3.1 EWG Metals will not knowingly purchase or accept stolen property or goods obtained through unlawful means.

3.2 All sellers warrant and represent that:

• They are the lawful owner of the goods being sold, or
• They are duly authorized by the lawful owner to dispose of the goods

3.3 EWG Metals reserves the right to refuse any transaction where:

• There are reasonable grounds to suspect the goods are stolen
• The goods bear markings indicating government, municipal, or utility ownership (Eskom, Transnet, Telkom, municipalities, etc.)
• The seller cannot provide satisfactory proof of ownership or authority to sell
• The goods show signs of forced removal, cutting, or damage consistent with theft
• Cable coverings have been burnt off
• The seller appears to be under 18 years of age
• The transaction otherwise raises suspicion

3.4 If EWG Metals suspects goods may be stolen, we are legally obligated to:

• Refuse to complete the transaction
• Retain the goods pending investigation
• Report the matter to SAPS
• Cooperate fully with law enforcement

3.5 Sellers acknowledge that providing false information regarding ownership or authority to sell constitutes fraud and will result in criminal prosecution.

4. RECORD-KEEPING AND DOCUMENTATION

4.1 Transaction Records

4.1.1 EWG Metals maintains comprehensive records of all transactions as required by the SHGA and applicable regulations, including:

• Date and time of transaction
• Full details of the seller (name, ID number, address, contact details)
• Description of goods (type, grade, quantity, weight, condition)
• Purchase price and payment method
• Vehicle registration if goods delivered by vehicle
• Photographs of goods and seller identification

4.1.2 All records are retained for the period required by law and made available to SAPS officials upon request.

4.2 Photographic Records

4.2.1 EWG Metals takes photographic records of all physical transactions, including images of:

• The goods being purchased
• The seller’s identification document
• Vehicle used for delivery (if applicable)
• Any markings, serial numbers, or distinguishing features

4.2.2 By entering into a transaction, sellers consent to the taking and retention of these photographs.

4.3 Monthly Reporting

4.3.1 EWG Metals submits monthly electronic reports to the International Trade Administration Commission (ITAC) detailing purchases and sales by volume and value, including:

• Purchase date
• Metal type and grade
• Tonnage
• Total cost
• Seller’s business registration or identity number

5. GOODS HANDLING AND RETENTION PERIOD

5.1 All goods acquired by EWG Metals are subject to a mandatory seven (7) day retention period from the date of acquisition, as required by the SHGA.

5.2 During this retention period:

• Goods must be kept separate from other inventory
• The form or appearance of goods may not be altered
• Goods may not be sold, transferred, or delivered to third parties
• Goods must be available for inspection by SAPS officials

5.3 All goods are stored on our registered premises only. No goods are stored at secondary or unregistered locations.

5.4 EWG Metals reserves the right to extend the retention period if required by SAPS or if an investigation is ongoing.

6. WEIGHING, VALUATION, AND PRICING

6.1 All scrap metal is valued by mass measurement using certified, calibrated scale equipment located on our premises.

6.2 Sellers have the right to observe the weighing process and verify the weight measurement.

6.3 Pricing is determined by:

• Current market rates for the specific metal type and grade
• Quality and contamination levels
• Quantity of material
• Processing requirements

6.4 EWG Metals provides sellers with a clear breakdown of:

• Weight of materials
• Price per kilogram/ton
• Total purchase price
• Any deductions (for contamination, processing, etc.)

6.5 Prices are subject to change without notice based on market fluctuations.

6.6 Sellers are encouraged to obtain quotes from multiple buyers and are under no obligation to accept our offer.

7. PAYMENT TERMS

7.1 Payment Methods

7.1.1 For registered business entities:

• Payment is made exclusively by Electronic Funds Transfer (EFT)
• Payment is made within [specify timeframe, e.g., 24-48 hours] of transaction completion
• Valid tax invoices must be provided
• Banking details must be verified

7.1.2 For individual sellers:

• Payment may be made by EFT or other approved methods
• Valid identification must be provided
• Payment details are recorded as per SHGA requirements

7.1.3 Cash payments above [specify amount in compliance with FICA] are prohibited in accordance with Financial Intelligence Centre Act requirements.

7.2 Payment Conditions

7.2.1 Payment is subject to completion of all required documentation and verification processes.

7.2.2 EWG Metals reserves the right to withhold payment if:

• Documentation is incomplete or suspicious
• Goods are suspected to be stolen
• SAPS investigation is underway
• There are outstanding legal or compliance issues

7.2.3 No payment will be made to persons under 18 years of age.

8. HDPE PIPES

8.1 EWG Metals deals in new and recycled HDPE pipes manufactured to SANS ISO 4427 standards or equivalent.

8.2 All HDPE pipes sold by EWG Metals are sold “as is” unless otherwise specified in writing.

8.3 Specifications including material grade (PE63, PE80, PE100), pressure class (SDR rating), diameter, and wall thickness are provided for all new HDPE pipes.

8.4 Sellers of HDPE pipes must provide proof of lawful ownership and authority to sell.

8.5 EWG Metals reserves the right to refuse purchase of HDPE pipes that:

• Bear markings of municipalities, government departments, or utilities
• Show evidence of theft or unlawful removal
• Are suspected to be stolen property

9. COPPER AND CONTROLLED METALS

9.1 Special restrictions apply to copper scrap, waste, semi-finished, and finished copper products.

9.2 EWG Metals will only purchase copper from:

• Registered SAPS dealers and recyclers
• Authorized representatives of government entities with proper documentation
• Legitimate businesses with proper authorization

9.3 Sellers of copper must provide additional documentation including:

• Explanation if cable covering has been burnt
• Import documentation (bill of entry and invoice number) if scrap is imported
• Authority letters if selling on behalf of state utilities or government

9.4 EWG Metals maintains enhanced scrutiny of copper transactions due to high theft rates affecting national infrastructure.

10. CONSUMER PROTECTION ACT COMPLIANCE

10.1 Right to Fair Dealing

10.1.1 These Terms and Conditions are drafted in plain and understandable language as required by the Consumer Protection Act, 2008 (Act No. 68 of 2008) (“CPA”).

10.1.2 EWG Metals conducts business in a fair, honest, and transparent manner.

10.1.3 We do not engage in discriminatory practices based on race, gender, religion, or any other protected ground.

10.2 Right to Information

10.2.1 Customers have the right to receive accurate and complete information about:

• The nature of goods we purchase and sell
• Pricing and valuation methods
• Transaction processes and requirements
• Their rights and obligations

10.2.2 Information is provided in English and, where possible, in the customer’s preferred language.

10.3 Fair Terms and Conditions

10.3.1 These Terms and Conditions do not contain provisions that:

• Are unfair, unreasonable, or unjust
• Exempt EWG Metals from liability for gross negligence
• Unreasonably favor one party over another
• Mislead or deceive customers

10.3.2 If any provision is found to be unfair or unenforceable, it will be severed without affecting the validity of remaining provisions.

11. INSPECTION AND POLICE ACCESS

11.1 SAPS officials may enter our premises during business hours to:

• Inspect our certificate of registration
• Examine all registers, records, books, and documents
• Inspect goods on the premises
• Verify compliance with the SHGA and regulations

11.2 EWG Metals will cooperate fully with all lawful inspections and investigations.

11.3 Our management and staff are instructed to:

• Produce all required documentation upon request
• Explain any entries or absences in records
• Provide access to goods for examination
• Assist police officials in performing their duties

11.4 Failure to cooperate with SAPS inspections constitutes a criminal offense.

12. LIMITATION OF LIABILITY

12.1 EWG Metals is not liable for:

• Market price fluctuations affecting the value of goods
• Loss or damage to goods after the seven-day retention period if sold to third parties
• Consequential, indirect, or incidental damages arising from transactions
• Delays in payment processing due to banking systems or verification processes

12.2 Nothing in these Terms and Conditions excludes or limits liability for:

• Gross negligence or willful misconduct
• Fraud or fraudulent misrepresentation
• Death or personal injury caused by negligence
• Any liability that cannot be excluded by law

12.3 EWG Metals maintains appropriate insurance coverage for our business operations.

13. PROHIBITED CONDUCT

13.1 The following conduct is strictly prohibited and may result in criminal prosecution:

• Selling stolen goods or goods obtained through unlawful means
• Providing false identification or documentation
• Misrepresenting ownership or authority to sell
• Attempting to sell goods on behalf of minors
• Tampering with scales or measurement equipment
• Offering bribes to staff members
• Providing false information in transaction records

13.2 EWG Metals has zero tolerance for fraud and theft and will report all suspected criminal activity to SAPS.

14. ENVIRONMENTAL COMPLIANCE

14.1 EWG Metals operates in accordance with all applicable environmental legislation.

14.2 We implement proper waste management and recycling practices.

14.3 Hazardous materials are handled, stored, and disposed of in accordance with environmental regulations.

14.4 Sellers must disclose any hazardous or environmentally sensitive materials being sold.

15. CONFIDENTIALITY AND DATA PROTECTION

15.1 EWG Metals collects and processes personal information in accordance with the Protection of Personal Information Act, 2013 (Act No. 4 of 2013) (“POPIA”).

15.2 Personal information collected includes:

• Identification details
• Contact information
• Banking details
• Transaction history
• Photographic records

15.3 Personal information is used solely for:

• Compliance with legal obligations
• Processing transactions
• Maintaining business records
• Reporting to regulatory authorities

15.4 Personal information is kept confidential and secure, and is not disclosed to third parties except:

• As required by law
• To SAPS or other law enforcement agencies
• To regulatory authorities
• With the customer’s consent

15.5 Customers have the right to:

• Access their personal information held by us
• Request correction of inaccurate information
• Object to processing in certain circumstances

16. DISPUTE RESOLUTION

16.1 In the event of a dispute arising from these Terms and Conditions or any transaction:

• Parties will first attempt to resolve the matter through good faith negotiation
• If negotiation fails, the dispute may be referred to mediation
• Disputes not resolved through mediation may be referred to arbitration or the courts

16.2 Customers have the right to lodge complaints with:

• The Consumer Goods and Services Ombud (CGSO) at www.cgso.org.za
• The National Consumer Commission
• The relevant provincial consumer protection authority

16.3 Nothing in this clause prevents a party from approaching a court of competent jurisdiction for urgent relief.

17. GENERAL PROVISIONS

17.1 Governing Law

17.1.1 These Terms and Conditions are governed by the laws of the Republic of South Africa.

17.1.2 All transactions are subject to South African jurisdiction.

17.2 Entire Agreement

17.2.1 These Terms and Conditions constitute the entire agreement between EWG Metals and customers regarding transactions.

17.2.2 No verbal representations or promises bind EWG Metals unless confirmed in writing.

17.3 Severability

17.3.1 If any provision is found to be invalid or unenforceable, it will be severed without affecting the validity of remaining provisions.

17.4 Waiver

17.4.1 Failure to enforce any provision does not constitute a waiver of that provision.

17.4.2 Waiver of any breach does not constitute waiver of subsequent breaches.

17.5 Amendment

17.5.1 EWG Metals may amend these Terms and Conditions by providing notice to customers.

17.5.2 Continued transactions after amendment constitutes acceptance of the new terms.

17.6 Force Majeure

17.6.1 EWG Metals is not liable for failure to perform obligations due to circumstances beyond our reasonable control, including:

• Natural disasters
• Government actions or regulations
• Labor disputes
• Power failures
• System failures

17.7 Business Hours

17.7.1 Our business hours are as follows

17.7.1 Transactions outside business hours require prior arrangement.

18. CONTACT INFORMATION

19. ACKNOWLEDGMENT

By engaging in any transaction with EWG Metals, you acknowledge that:

19.1 You have read and understood these Terms and Conditions.

19.2 You have had the opportunity to seek independent legal advice.

19.3 You agree to be bound by these Terms and Conditions.

19.4 You understand that providing false information or selling stolen goods constitutes criminal offenses punishable by imprisonment.

19.5 You consent to the collection, processing, and retention of your personal information as described herein.

19.6 You understand your rights under the Consumer Protection Act and other applicable legislation.

20. IMPORTANT NOTICE TO SELLERS

SELLING STOLEN GOODS IS A SERIOUS CRIME

If you are found to have sold stolen property to EWG Metals:

• You will be prosecuted to the fullest extent of the law
• You may face imprisonment for up to 10 years
• You will be liable for damages caused
• You may be required to refund any amounts paid

THEFT OF INFRASTRUCTURE DAMAGES SOUTH AFRICA

The theft of copper cables, metal infrastructure, and utilities causes:

• Billions of Rands in economic damage annually
• Disruption to electricity supply
• Communication network failures
• Transportation delays
• Safety hazards to communities

We all have a responsibility to combat infrastructure theft and protect our country’s economy.

IF YOU SEE SOMETHING, SAY SOMETHING

Report suspicious activity or infrastructure theft to:

• SAPS Crime Stop: 08600 10111
• Your local police station
• EWG Metals management

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Version: 1.0
Last Updated: 2025-11-27
Next Review Date: 2026-11-27

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