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. 18.2. affect any person, goods or property, including goods likely to harbor or attract vermin or other pests. The customer warrants that such goods, or the case, crate, box, drum canister, tank, flat, pallet, package or other holder or covering of such goods will comply with any applicable laws, regulations or requirement of any authority or carrier and that the nature and characteristics of such goods and all other data required by such laws, regulations or requirements will be prominently and cleanly marked on the outside cover of such goods. If any such goods are delivered to the company, whether or not in breach of the provisions of clause 18.1, such goods may for good reason as the company in its discretion deems fit including, without limitation, the risk to other goods, property, life or health be destroyed, disposed of, abandoned or rendered harmless or otherwise dealt with at the risk and expense of the customer and without the company being liable for any compensation to the customer or any other party, and without prejudice to the company’s rights to recover its charges and/or fees including the costs of such destruction, disposal, abandonment or rendering harmless or other dealing with the goods. The customer indemnifies the company against all loss, liability or damage caused to the company as a result of the tender of goods to the company and/or out of the foregoing. 19. PERISHABLE GOODS 19.1. Without limiting or affecting any other terms of these trading terms and conditions, goods (whether perishable or otherwise) in the care custody or control of the company may at the customer’s expense be sold or disposed of by the company without notice to the customer, sender,owner or consignee, if:- 19.1.1. such goods have begun to deteriorate or are likely to deteriorate; 19.1.2. such goods are insufficiently addressed or marked; 19.1.3. the customer cannot be identified; 19.1.4. the goods have not been collected or accepted by the customer or any other person after the expiration of 21 days from the company notifying the customer in writing to collect or accept such goods, provided that if the company has no address for the customer such notice period shall not be necessary, and payment or tender of the net proceeds, if any, of the sale thereof after deduction of those charges and expenses incurred by the company in respect thereof shall be equivalent to delivery of such goods; 19.2. Should any amount owing by the customer to the company in respect of any referred to in clause19.1 become due and payable and remain unpaid, the company shall be entitled and the customer hereby authorizes the company and without first obtaining an order of court, to sell all or any of the goods by public auction or on reasonable notice not exceeding 14 days by private treaty. The net proceeds of any such sale, after deducting therefrom all costs, charges and expenses incurred by the company, shall be applied in reduction or discharge as the case may be, of the customer’s obligations to the company in respect of such goods without prejudice to the company’s rights to recover from the customer any balance which may remain owing to the company after the exercise of such rights. Should the total amount collected by the company, after deducting therefrom all costs, charges and expenses incurred by the company in respect thereof, exceed the full amount of the customer’s obligations to the company in respect of such goods, the company shall be obliged to refund such excess to the customer. 20. 20.1. 20.2. THE ACCEPTANCE OF DELIVERY If delivery of any goods is not accepted by the customer, consignee or party nominated by the customer at the appropriate time and place then:- the company shall be entitled to store the goods or any part thereof at no risk to the company and at the expense of the customer; the provisions of clause 19.2 shall apply mutatis mutandis. 21. WAREHOUSING Pending forwarding and/or delivery by or on behalf of the company, goods may be warehoused or otherwise held at any place as determined by the company in its absolute discretion, at the customer’s expense. 22. 22.1. 22.2. COLLECTION OF EXPENSES AND COD When goods are accepted or dealt with by the company upon instructions to collect freight, duties, charges or other expenses from the consignee or any other person, the customer shall remain responsible therefor if they are not paid by such consignee or any other person immediately when due. If accepted by the company, instructions to collect payment on delivery shall be subject to the condition that the company will be ended to assume that the recipient will effect payment and in the matter of such collection will not be liable for any negotiable instrument which is not met on due date for payment. 23. SUNDRY GOODS RECOGNISABLE AS THE CUSTOMER’S The company shall have no obligation to take any action in respect of any goods which may be recognisable as belonging to the Customer unless and until it receives suitable instructions relating to those goods together with all necessary documents. 24. 24.1. 24.2. EXAMINATION OF LANDED GOODS Where it is necessary for an examination to be held or other action to be taken by the company in respect of any discrepancy in the goods which are landed or discharged from any vessel, aircraft, vehicle, or transport unit, no responsibility shall attach to the company for any failure to hold such examination or to take any other action unless the company has been timeously advised by the landing or discharge agent that such goods have been landed and that such a discrepancy exists. The company will not be responsible for examining or counting any goods received by it where such goods are bundled, palletized or packed in any manner such that their number cannot be quickly and easily counted. Should the company undertake to count goods so received, it shall incur no liability in respect of any error or inaccuracy in such counting, whether such error or inaccuracy is the result of negligence on the part of the company or otherwise. The company shall be entitled to levy a charge on the customer for the counting of goods in such circumstances. 25. 25.1. 25.2. 25.3. DUTIES, TAXES, IMPOSTS, LEVIES AND DEPOSITS The customer, whether or not the cause of payment was due to an act, instruction or omission of the sender, owner and/or consignee and their agents, if any, shall be liable for any duties, taxes, imposts, levies, deposits or out-lays of whatsoever nature levied by or payable to the authorities, intermediaries or other parties at any port or place or in connection with the goods and whether at the time of entry and/or at any subsequent time and for any payments, fines, penalties, expenses, loss or damage or whatsoever incurred or sustained by the company in connection therewith or arising thereout. The customer may only claim back its Customs VAT once it receives confirmation of the receipt number and date of payment of the deferment by the Company. If the Customer claims back its Customs VAT before it receives confirmation of payment from the Company, it could result in SARS issuing penalties which will be for the account of the Customer and the Customer indemnifies the Company accordingly in respect of all costs, claims and penalties. The company shall bear no liability in consequence of the fact that there may be a change in the rate of duty, wharfage, freight, railage or cartage or any other tariff, before or after the performance by the company of any act involving a less favourable rate or tariff or by virtue of the fact that a saving might have been effected in some other way had any act been performed at a different time. 26. 26.1. RECOVERY OF DUTIES INCORRECTLY PAID Where as a result of any act or omission by or on behalf or at the instance of the company and whether or not such act or omission was negligent, any duty, tax, levy, railage, wharfage, freight, cartage or any other impost or charge has been paid or levied in an incorrect amount, then any responsibility or liability to the customer which the company may otherwise have will cease and fall away if the customer does not:- within a reasonable time having regard to all the circumstances, and in particular to the time allowed for the recovery from the payee of the amount overpaid, advise the company that an incorrect amount has been paid or levied, and Version April 2021 Initials / Signature: …………………………………… Page 3 of 6 | www.za.dsv.com
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