CONTRACT FOR CARRIAGE ( STANDARD TERMS AND CONDITIONS) between the Customer and DSV Road (Pty) Ltd t/a DSV Distribution PO Box 63, The Reeds, 0061 | 1 Mann Road, Louwlardia, Centurion, 0157 Registration No.: 2000/016342/07 | VAT No.: 488 018 9685 | Tel.: +27 12 673 2000 To be completed in black pen by an authorised signatory. Please return the original to DSV Road (Pty) Ltd t/a DSV Distribution CONTRACT FOR CARRIAGE All business undertaken by the Courier is subject to the following terms and conditions: 1. For the purposes of the contract for carriage: 1.1. “the Courier” shall mean DSV Road (Pty) Ltd t/a DSV Distribution only, and no other division of DSV South Africa (Pty) Ltd, and this contract for carriage does not bind any other division of DSV South Africa (Pty) Ltd. 1.2. “carriage” shall mean all forms of transport and related activities undertaken by the Courier on behalf of Customers in respect of the goods. 1.3. “the Customer” shall mean the party on whose behalf the Courier took possession of the goods in good faith, whether that is the sender, the party billed, the consignee, the true owner or any other party with an interest in the goods or on whose behalf the carriage has taken place. 1.4. “the goods” shall mean all packages, parcels, or items taken into possession by th e Courier for carriage on behalf of the Customer. 2. It is agreed that the Courier is not a public or common carrier . 3. The Courier has the right to refuse to accept any goods for carriage, and will in those circumstances furnish the Customer with reasons for such refusal. 4. The Courier will be entitled to select the appropriate methods of transport and handling to be used in the carriage, but in doing so, will have regard to the service level requested by the Customer. 5. The instruction from the Customer to the Courier in respect of any carriage shall be made on the Courier’s official contract for carriage / dispatch document fully and accurately completed at the time that the goods are received by the Courier. The person signing the contract for carriage / dispatch document, if someone other than the Customer, confirms that it is duly authorised to order the carriage by the Courier and to conclude this agreement on behalf of the Customer. In the event that the Customer is not the owner of the goods, the Customer hereby confirms that it is duly authorised to enter into this agreement on behalf of the true owner of the goods. 6. The Courier publishes its tariff of charges in respect of carriage, and amends same, from time to time and it is agreed that the Courier is entitled to charge the Customer in accordance with such published tariff, as amended from time to time. If the Courier and the Customer conclude a separate agreement on specific charges in regard to the carriage, different to such tariff, then such separate agreement will only be binding on the parties when reduced to writing and signed by both parties. If the Courier is obliged to pay any disbursements in respect of the carriage, it is agreed that the Courier may recover such disbursements from the Customer, in addition to the tariff or agreed charges in respect of the carriage. 7. The Customer shall pay the Courier in respect of the carriage within a maximum of 30 (thirty) days from date of the Courier’s statement to the Customer. If the Customer fails to do so, the Courier may charge the Customer interest on overdue amounts at the then prevailing legal mora interest rate. 8. The Customer may raise queries on the Courier’s invoice during this 30 (thirty) day period and the Courier will resolve such queries during this period. If no queries are timeously raised, the Courier’s invoice is deemed correct and undisputed . 9. Even if queries are raised by the Customer which are not resolved within the 30 (thirty) day period, that Customer is liable to pay within the 30 (thirty) day period, all undisputed items on the Courier’s invoices. 10. The Customer is not entitled to withhold payment of any amount due to the Courier beyond the due date for payment. The Customer is not entitled to set off any alleged damages or loss which the Customer has suffered in respect of the goods against any amount due, owing and payable to the Courier. 11. The Customer shall remain responsible to the Courier for all charges until they are paid. The Courier shall not collect any monies at the time of delivery and no employee of the Courier is authorised to do so. 12. If the Courier accepts for carriage, goods from the Customer with instructions to collect freight, duties , charges or other expenses from the consignee or any other person, the Customer shall remain responsible for payment of all of these amounts to the Courier, if they are not paid by the consignee or any other person, immediately when due. 13. 14 . 14.1. 14.2. 14.3. 14.4. 14.5. 14.6. 14.7. 14.8. 14.9. Whether or not the cause of payment was due to an act, instruction or omission of the Customer, the sender, the owner, and/or the consignee or any of their agents, the Customer shall be liable for any duties , taxes , imposts, levies, deposits, penalties , expenses, loss or damage of whatsoever nature incurred or sustained by the Courier or levied by or payable to any authorities, intermediaries or other parties at any port or place, whether at the time of entry, or at any subsequent time, in connection with the carriage of the goods . Exclusions and Limitations of Liability The Courier will be liable to the Customer for physical, direct losses and damages in respect of the goods, if such physical direct losses or damages are caused directly by the negligence or fault based conduct or omissions of the Courier, from the time that the Courier takes possession of the goods until the time that the Courier correctly delivers the goods to the designated consignee. Correct delivery to the designated consignee will be deemed to have taken place when the Courier receives a signed proof of delivery from the consignee confirming receipt of the goods without any discrepancy in respect of the goods being noted on the proof of delivery. The Customer agrees that such consignee’s signature may take the form of an image of the consignee’s signature captured on an electronic device , which will be accepted by the Customer as adequate proof of delivery . The Courier is not liable for any physical direct losses and damages in respect of the goods, or for delays in delivery or failure to perform services, which are caused by Acts of God , including but not limited to floods, fires, earthquakes, abnormal weather conditions, strikes, labour unrest, embargoes, civil commotion, war, riots, acts of terrorism, hijackings and any other acts beyond the reasonable control of the Courier. The Courier does not know the nature and value of the goods it receives for carriage. Accordingly, the Courier is entitled to assume that all goods handed to it for carriage are worth R1000,00 or less in value , and the Courier bases its charges (including a liability surcharge ) on such assumed value. The Customer accordingly agrees that the maximum liability of the Courier to the Customer in respect of goods handed to the Courier for carriage shall not exceed R1000,00 per shipment , unless the Customer has in advance of the carriage disclosed to the Courier in writing, by declaring on the face of the contract for carriage / dispatch note, or by logging the value electronically, that the goods are worth more than R1000,00 and that the Customer accordingly requires the Courier to accept liability for a greater amount . If the Customer requires the Courier to accept a greater liability than R1000,00 per shipment, then the Courier will only accept such greater liability if the Customer pays an additional liability surcharge in respect of the shipment. If the Customer’s goods are lost or damaged whilst in the possession of the Courier, the Courier will be liable to pay to the Customer the proved cost of repair, or the purchase/replacement cost of the goods, whichever is the lesser amount, but if the Customer did not declare a greater value for the goods prior to carriage, then the maximum liability of the Courier to the Customer for loss or damage will be the assumed valued of the goods, being R1000,00 per shipment . If the Courier is liable to pay any amount to the Customer for loss or damage in terms of the preceding clauses, then the Courier shall have the right of salvage in respect of those goods, and the Customer shall be obliged to reasonably assist the Courier to exercise such salvage right. The Customer is also able to declare in writing on the face of the contract for carriage / dispatch note, the value of any incidental cost which may be incurred by the Customer if caused as a direct result of the Courier’s delay, of more than 6 (six) hours in the case of express shipments, and a delay of more than 24 (twenty four) hours in the case of economy shipments. Again, if such declared incidental cost is declared by the Customer, the Courier will accept liability for the declared incidental cost, subject to the Courier charging the Customer an additional liability surcharge . Version April 2021 Initials / Signature:_______________________ Page 1 of 2 | www.za.dsv.com
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