STANDARD TERMS AND CONDITIONS between the Customer and DSV South Africa (Pty) Ltd t/a DSV Air and Sea PO Box 1915, Kempton Park, 1620 | 49 Jones Road, Jet Park, Boksburg, 1459 Registration No.: 2004/015747/07 | VAT No.: 4260213873 | Tel.: +27 11 387 4000 Complete document digitally via personalized DSV AdobeSign email sent. Otherwise complete document in black ink and ensure original signed document is returned to your DSV Sales Representative. 1. INTERPRETATION In these trading terms and conditions: 1.1. the headings to the clauses are for reference purposes only and shall not aid in the interpretation of the Clauses to which they relate; 1.2. unless the context clearly indicates a contrary intention, words importing any one gender include the other two genders, the singular includes the plural and vice versa, and natural persons include created entities (corporate or un incorporate) and vice versa; 1.3. the following terms shall have the meanings assigned to them hereunder and cognate expressions shall have a corresponding meaning namely:- 1.3.1. “the company” means the company referred to above, or if it exercises its right under clause 2, the member of the group in respect of which it exercises its rights; 1.3.2. “customer” means any person at whose request or on whose behalf the company undertakes any business or provides any advice, information or service; 1.3.3. “goods” means any goods handled, transported or dealt with by or on behalf of or at the instance of the company or which come under the control of the company or its agents, servants or nominees on the instructions of the customer, and includes any container, transportable tank, flat pallet, package or any other form of covering, packaging, container or equipment used in connection with or in relation to such goods; 1.3.4. “the group” means the company and any company which is a holding company or subsidiary of the company from time to time which may render a service to the customer in terms of clause 2; 1.3.5. “the owner” means the owner of the goods to which any business included under these trading terms and conditions relates and any other person who is or may have or acquire any interest, financial or otherwise, therein. 2. MEMBERS OF THE GROUP RENDERING SERVICES TO THE CUSTOMER The company may at its election perform all or any business undertaken or provide advice, information or services, whether gratuitous or not, either itself or it may procure that any member of the group undertakes such business or provides such advice, information or services as principal upon and subject to the terms and conditions contained herein which shall apply mutatis mutandis to the customer and any such member of the group. 3. APPLICATION OF TRADING TERMS AND CONDITIONS Subject to clause 5, all and any business undertaken or advice, information or services provided by the company, whether gratuitous or not, is undertaken or provided on these trading terms and conditions. 4. OWNER’S RISK All handling, packing, loading, unloading, warehousing and transporting of goods by or on behalf of or at the request of the company are effected at the sole risk of the customer and/or the owner, and the customer indemnifies the company accordingly. 5. APPLICABLE LEGISLATION 5.1. The company is obliged, in the execution of any of its duties and/or responsibilities to comply with any common law or legislative enactment (“the law”) of any nature whatsoever, then the company by complying therewith, shall not be deemed to waive nor abandon any of its rights in terms of these trading terms and conditions. 5.2. In addition thereto, in complying with the law, the company shall not be deemed to have assumed any onus, obligation, responsibility or liability in favour of the customer. 5.3. In any of the terms of these trading terms and conditions is repugnant to or in conflict with the law, then and in such event the conflicting term embodied herein shall be deemed to be amended and/or altered to conform therewith, and such amendment and/or alteration shall not in any way affect the remaining provisions of these trading terms and conditions. 6. FIATA COMBINED TRANSPORT BILL OF LADING The company shall be entitled to issue in respect of the whole or part of any contract for the movement of goods a FIATA combined transport bill of lading (“FBL”) provided that where a FBL is issued these trading terms and conditions shall continue to apply except insofar as they conflict with the terms and conditions applicable to the FBL. The issue of the FBL by the company shall entitle it to raise an additional charge determined by the company, to cover its additional obligations arising under the FBL. 7. EXCLUSION OF OBLIGATIONS OF COMMON OR PUBLIC CARRIER The company deals with goods only on the basis that it is neither a common carrier nor a public carrier. 8. COMPANY’S DISCRETION IN THE ABSENCE OF INSTRUCTIONS In the absence of specific instructions given timeously in writing by the customer to the company:- 8.1. it shall be in the reasonable discretion of the company to decide at what time to perform or to procure the performance of any or all of the acts which may be necessary or requisite for the discharge of its obligations to the customer; 8.2. the company shall have an absolute discretion to determine the means, route and procedure to be followed by it in performing all or any of the acts or services it has agreed to perform; 8.3. in all cases where there is a choice of tariff rates or premiums offered by any carrier, warehouseman, underwriter, or other person depending upon the declared value of the relevant goods or the extent of the liability assumed by the carrier, warehouseman, underwriter or other person, it shall be in the discretion of the company as to what declaration, if any, shall be made, and what liability, if any, shall be imposed on the carrier, warehouseman, underwriter or other person. 9. COMPANY’S GENERAL DISCRETION 9.1. Notwithstanding anything to the contrary herein contained, if at any time the company should consider it to be in the customer’s interests or for the public good to depart from any of the customer’s instructions, the company shall be entitled to do so and shall not incur any liability in consequence of doing so. 9.2. If events or circumstances come to the attention of the company, its agents, servants, or nominees which, in the opinion of the company, make it in whole or in part, impossible or impracticable for the company to comply with a customer’s instructions the company shall take reasonable steps to inform such customer of such events or circumstances and to seek further instructions. If such further instructions are not timeously received by the company in writing, the company shall, at its sole discretion, be entitled to detain, return, store, sell, abandon, or destroy all or part of the goods concerned at the risk and expense of the customer. 10. INSURANCE The company shall endeavour to effect any insurance the customer timeously and in writing instructs it to effect. Such insurance will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriter taking the risk and the company shall not be obliged to obtain separate cover for any risks so excluded. Unless otherwise agreed in writing the company shall not be under any obligation to obtain separate insurance in respect of separate consignments but may insure all or any of such consignments under any open or general policy held by the company from time to time. Should any insurer dispute its liability in terms of any insurance policy in respect of any goods, the customer concerned shall have recourse against such insurer only and the company shall not have any responsibility or liability whatsoever in relation thereto notwithstanding that the premium paid on such policy may differ from the amount paid by the customer to the company in respect thereof. Insofar as the company agrees to arrange insurance the company acts solely as agent for and on behalf of the customer. Version April 2021 Initials / Signature: …………………………………… Page 1 of 6 | www.za.dsv.com
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