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 14.10. If the Customer does not declare an incidental cost value prior to carriage, the Courier will not be liable for any incidental costs incurred by the Customer, including but not limited to fines, penalties, loss of profit and the like. 14.11. Subject to Clause 14.1 the Courier’s liability to the Customer for physical direct loss or damage to the goods is also subject to the exclusions set out in the “ Institute Cargo Clauses A and Strikes (Cargo) Clauses ” issued by the London Institute Underwriters as amended by them from time to time. 14.12. The Courier’s maximum liability to the Customer for direct losses or damages in relation to the carriage or goods in the Courier’s possession, custody or control shall never exceed R100 000,00 per shipment, no matter what value is declared in respect of the goods or in respect of incidental costs as the Courier will not charge a liability surcharge for any amount greater than R100 000,00 per shipment. 14.13. Any claim by the Customer in respect of direct loss or damage to the goods or in respect of incidental cost, must be submitted in writing within 7 days of date of dispatch , failing which the claim will be deemed waived by the Customer and rejected by the Courier who will bear no liability to the Customer whatsoever. 14.14. The Courier does not carry dangerous goods . If the Customer nevertheless hands over dangerous goods to the Courier for carriage (regardless of whether the Courier has been advised of the nature of the goods), the Customer agrees that it is fully responsible for ensuring that all requirements in relation to their carriage are complied with and that all relevant information is conveyed to the Courier by written notice, including but not limited to classification of the goods, proper packaging and presentation of the goods, preparation of the legally required declarations and labels. The Customer furthermore agrees that any liability of any nature caused by, or arising from the carriage of dangerous goods in any circumstances will be for the Customer’s account. 14.15. The Courier does not wish to carry fragile or valuable goods , but if the Customer nevertheless chooses to hand over such goods to the Courier (regardless of whether the Courier has been advised of the nature of the goods), then the Customer shall pack and label such goods to minimise the additional risk associated with the carriage of such goods, and the Customer agrees that the Courier will bear no liability whatsoever in regard to these goods howsoever caused. 14.16. The Courier does not accept for carriage any of the following classes of goods, and the Customer therefore agrees that the Courier will bear no liability whatsoever in regard to carriage of: 14.16.1. Precious stones and metals, jewellery and negotiable instruments; 14.16.2. Works of art , heirlooms and other irreplaceable, sentimental or priceless items, including unique articles such as samples whose cost of creation is materially different to the normal cost of such goods; 14.16.3. Any goods exceeding R3 000,00 of value per kilogram of gross mass; 14.16.4. Perishable goods or goods likely to contaminate other goods or attract pests, radioactive materials, explosives and livestock; 14.16.5. Second hand goods , unless a pre-shipment survey is completed by the Customer, submitted to and accepted by the Courier in advance of shipment. 14.17. It is agreed that the Courier is not liable at all for any consequential losses or damages of any nature relating to the carriage or the goods, no matter how such consequential losses or damages were caused or arose, even if the Courier knew or should have known of the likelihood of such damages accruing and/or even if caused by the negligence of the Courier. 14.18. The Customer indemnifies the Courier against any claim of any nature whatsoever made against the Courier by any person or entity as a result of the loss, damage or delay in respect of the goods, which exceeds the agreed exclusions and limits of liability set out above. 15. If the Courier is unable to effect delivery of the goods , for reasons outside the control of the Courier, the Courier will take reasonable steps to return the goods to the Customer at the cost of the Customer. 16. TH E PROTECTION OF PERSONAL INFORMATION ACT, NO. 4 OF 2013 (“the POPI”) 16.1 The parties hereto agree that, to the degree that both parties process each other’s personal information as defined by the POPI, and arising out of their relationship with one another, they will adhere to all rights and responsibilities as contained in the POPI and any privacy laws applicable. 16.2 In the event of an unauthorised, unlawful and/or unintended processing, accessing and/or acquiring of either party’ s personal information by an unauthorised third party, or where there are reasonable grounds to believe that a party’s personal information has been processed, accessed and/or acquired by an unauthorised third party, each party will immediately, or as soon as reasonably possible, notify the other party and the Information Regulator thereof in writing and co-operate with all reasonable requests to investigate and remedy such an incident as soon as reasonably possible. 16.3 The Customer acknowledges that i t has read and considered DSV’s data privacy policy which is accessible on the following link https://www.dsv.com/en-za/about- dsv/corporate-responsibility/policies/data-privacy 17. Should the Customer breach this agreement and fail to remedy such breach within 5 (five) days of receiving written notice to remedy such breach from the Courier, the Courier shall be entitled to either terminate this agreement and claim damages from the Customer as a consequence of such termination, alternatively claim specific performance of the Customer’s obligations in terms hereof, as well as any damages suffered. 18. The parties hereby consent to the jurisdi ction of the Magistrate’s Court in terms of Section 45 of the Magistrate’s Court Act No. 32 of 1944 as amended, in respect of any legal action which may arise out of this contract for carriage. 19. Should either party institute legal action against the other arising out of this contract for carriage, it is agreed that the successful party shall be entitled to claim the legal costs incurred by it from the unsuccessful party on an attorney and Customer basis . 20. The parties choose as their domicilium citandi et executandi for the delivery of all notices in terms of this contract for carriage, the address appearing on the written credit application or in respect of the Customer, any address appearing on a dispatch note completed by the Customer. 21. It is agreed that this contract for carriage is the only binding and enforceable agreement between the parties, and that there are no verbal or written terms and conditions, whether express or implied, which are binding and enforceable between the parties if they are not contained in this written contract for carriage. 22. This written contract for carriage may not be varied , amended or cancelled unless such variation, amendment or cancellation is contained in a written document signed by both parties. 23. No relaxation or indulgence which either party may grant to the other is a waiver of the rights of that party, and that party shall not be precluded from exercising any rights which may have arisen in the past or which may arise in future. 24. This agreement and its interpretation is subject to the laws of the Republic of South Africa . Document Signature Name & Surname: ……………………………………………………………………………………………. Designation: ……………………………………………………………………………………………………. Authorised Signature: ……………………………………………………………………………………. Date: D D M M Y Y Y Y Version April 2021 Initials / Signature:_______________________ Page 2 of 2 | www.za.dsv.com
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