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. 11. 11.1. 11.2. COMPANY’S OBLIGATIONS IN THE ABSENCE OF INSTRUCTIONS Unless specific written instructions are timeously given to and accepted by the company, the company shall not be obliged to:- make any declaration for the purpose of any statute, convention, or contract, as to the nature or value of any goods or as to any special interest in delivery. In particular, the company shall be under no obligation to make any declaration or to seek any special protection or cover from any carrier in respect of any goods which are, or fall within the definition ascribed thereto by that body of dangerous goods or other goods which require special conditions of handling or storage; arrange for any particular goods to be carried, stored or handled separately from other goods. 12. CUSTOMER’S UNDERTAKINGS 12.1. For all purposes hereunder the customer shall be deemed to have in relation to the customer’s business, the goods and the services to be rendered by the company in respect thereto, reasonable knowledge of all matters directly or indirectly relating thereto or arising therefrom including, without limitation, terms of sale and purchase and all matter relating thereto and the customer undertakes to supply all pertinent information to the company. 12.2. The customer warrants that:- 12.2.1. it is either the owner or the authorized agent of the owner of any goods in respect of which the customer instructs the company and that each such person is bound by these trading terms and conditions; 12.2.2. in authorizing the customer to enter into any contract with the company and/or in accepting any document issued by the company in connection with such contract, the owner, sender or consignee is bound by these trading terms and conditions for itself and its agents and for any parties on whose behalf it or its agents may act, and in particular, but without prejudice to the generality of the foregoing, it accepts that the company shall have the right to enforce against them jointly and severally any liability of the customer under these trading terms and conditions or to recover from them any sums to be paid by the customer which upon proper demand have not been paid; 12.2.3. all information and instructions supplied or to be supplied by it to the company is and shall be accurate, true and comprehensive, and in particular, without derogating from the generality of the foregoing, the customer shall be deemed to be bound by and warrants the accuracy of all descriptions, values and other particulars furnished to the company for Customs, consular and other purposes, and the customer warrants that it will not withhold any necessary or pertinent information, and indemnifies the company against all claims, losses penalties, damages, expenses and fines whatsoever, whensoever and howsoever arising as a result of a breach of the foregoing whether negligently or otherwise, without derogating from the generality of the foregoing, any assessment or reassessment; 12.2.4. all goods will be properly, adequately and appropriately prepared and packed, stowed, labelled and marked, having regard inter alia to the implementation by or on behalf of the company or at its instance of the contract involved, and the characteristics of the goods involved and are capable of withstanding the normal hazards inherent in the implementation of such contract; 12.2.5. where goods are carried in or on containers, trailers, flats, tilts, railway wagons, tanks, igloos or any other unit load devices specifically constructed for the carriage of goods by land, sea or air, (each such device hereinafter individually referred to as “the transport unit”) then save where the company has been given and has accepted specific written instructions to load the transport unit:- 12.2.5.1. that the transport unit has been properly and competently loaded; and 12.2.5.2. that the goods involved are suitable for carriage in or on the transport unit; and 12.2.5.3. that the transport unit is itself in a suitable condition to carry the goods loaded therein and complies with the requirements of all relevant transport authorities and carriers. 13. RECOVERY OF DEBTS DUE TO THE COMPANY The company shall be entitled to recover any amounts due to it by the customer in respect of instructions relating to or in terms of any contract in respect of particular goods from the customer, or if the customer acts as an agent for a disclosed or undisclosed principal, as the company in its absolute discretion deems fit. 14. COMPANY ENTITLED TO ACT AS AGENT OR PRINCIPAL IN CONTRACTING 14.1. Unless otherwise agreed in writing, the company in procuring the carriage, storage, packing or handling of goods shall be entitled to act either as an agent for and on behalf of the customer or as a principal, as it in its absolute discretion deems fit. 14.2. The offer and acceptance of a fixed price for the accomplishment of any task shall not itself determine whether such task is to be arranged by the company acting as agent or as a principal. 14.3. The customer acknowledges that when the company, as agent for and on behalf of the customer, concludes any contract with a third party, such agreement is concluded between the customer and the third party. 14.4. Unless otherwise agreed in writing, the company, when acting as agent for and on behalf of the customer, shall be entitled to enter into any contract it reasonably deems necessary or requisite for the fulfilment of the customer’s instructions, including, without limitation, contracts for the:- 14.4.1. carriage of goods by any route or means or person; 14.4.2. storage, packing, transport, shipping, loading, unloading and/or handling of goods by any person at any place whether on shore or afloat and for any length of time. 14.4.3. carriage or storage of goods in break-bulk form in or on transport units as defined in clause 12.2.5 or with or without other goods of whatsoever nature. 15. 15.1. 15.2. SUBCONTRACTING Any business entrusted by the customer to the company may, in the absolute discretion of the company, be fulfilled by the company itself by its own servants performing part or all of the relevant services, or by the company employing, or entrusting the goods or services to third parties on such conditions as may be stipulated by, or negotiated with, such third parties for the purposes of such services, or such part thereof as they may be employed to carry out. Where the company employs third parties to perform all or any of the functions which it has agreed to perform, the customer agrees that the company shall have no responsibility or liability to its customer for any act or omission of such third party, even though the company may be responsible for the payment of such third party’s charges; but the company shall, if suitably indemnified against all costs, (including attorney and ts) which may be incurred or awarded against the company, take such action against the third party on the customer’s behalf as the customer may direct. 16. TERMS AND CONDITIONS OF AGENTS AND SUBCONTRACTORS Notwithstanding anything to the contrary contained herein the customer agrees that all goods shall be dealt with by the company on the terms and conditions, whether or not inconsistent with these terms and conditions, stipulated by the carriers, warehousemen, government departments, and all other parties (whether acting as agents or subcontractors to the company or not) into whose possession or custody the goods may pass, or subject to whose authority they may at any time be. 17. GOODS REQUIRING SPECIAL ARRANGEMENTS Except under special arrangements previously made in writing the company will not accept or deal with bullion, coin, precious stones, jewelry, valuables, antiques, pictures, human remains, livestock or plants. Should the customer nevertheless deliver such goods to the company or cause the company to handle or deal with any such goods otherwise than under special arrangements previously made in writing the company shall incur no liability whatsoever in respect of such goods, and in particular, shall incur no liability in respect of its negligent acts or omissions in respect of such goods. A claim, if any, against the company in respect of the goods referred to in this clause 17 shall be governed by the provisions of clauses 40 and 41. 18. 18.1. GOODS REQUIRING PRIOR CONSENT OF THE COMPANY The customer shall obtain in advance the company’s specific written co nsent to accept into its possession or control or into the possession or control of any of its servants, agents or employees any goods, including radio-active materials, which may be or become dangerous, inflammable or noxious, or which by their nature may injure, damage, taint or contaminate, or in any way whatsoever adversely Version April 2021 Initials / Signature: …………………………………… Page 2 of 6 | www.za.dsv.com
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