Healtcare Standard Terms.pdf

Healtcare Standard Terms.pdfCONTRACT FOR CARRIAGE ( STANDARD TERMS AND CONDITIONS) between the Customer and DSV Healthcare (Pty) Ltd PO Box 651727, Benmore, 2010 | 1 Meadowview Lane, Meadowview Business Estate, Linbro Park Registration No.: 2019/135848/07 | VAT No.: 489 028 6471 | Tel. No.: +27 10 248 0000 Complete document digitally via personalised DSV AdobeSign email sent. Otherwise complete document in black ink and ensure original signed document is returned to your DSV Sales Representative. CONTRACT FOR CARRIAGE All business undertaken by DSV Healthcare (Pty) Ltd is subject to the following terms and conditions: 1. For the purpose of the paragraphs set out below: 1.1. “The Company” shall mean DSV Healthcare (Pty) Ltd 1.2. “ The carriage ” shall mean all forms of transport and related activities undertaken by the Company on behalf of customers. 1.3. “The Customer ” shall mean the party on whose behalf the Company took possession of the goods in good faith, whether the sender, the party billed, the consignee, the true owner, or any other party who can be reasonably held to be the party on whose behalf the Company has rendered the service. 2. The Company has a right to refuse to accept for carriage any goods without giving reasons for refusal. It is recorded that the Company is not a public or common carrier. 3. The Company will in its sole discretion select the methods of transport and handling to be used in the carriage, regardless of the service requested by the sender or the customer. 4. The instruction from The customer to the Company in respect of any carriage shall be made on the Company’s ofﬁcial dispatch document form or equivalent instruction medium, duly completed and tendered together with the goods to the Company. If the Customer is not the sender of the goods, it is the Customer s’ responsibility to ensure that the correct instructions are given at the time the goods are tendered. The Company expressly does not undertake to check or correct instructions and will ignore verbal or transmitted requests to do so. The person who signs the dispatch document or has prepared its alternative shall be regarded as the agent of The Customer for the purpose of instructing The Company. In the event that The Customer is not the owner of the goods, The Customer warrants that it is duly authorised to enter into this agreement on behalf of the true owner of the goods. 5. The Company’s charges in respect of the carriage shall be levied in accordance with its published tariff list applicable at the time of shipment or alternatively the quotation furnished by the Company to The customer on condition that the service is carried out within 30 (thirty} days of such quotation, together with any variations in force at that time, unless an alternative agreement has been committed to writing and signed by an authorised representative of the Company. The Customer agrees to be bound by such tariff and variations. External disbursements made in respect of the carriage, including but not limited to, duties and taxes, shall be recovered at cost from The customer in addition to the Company’ s charges. 6. The Customer is fully responsible for ensuring that all requirements relating to the carriage of dangerous and hazardous goods by air or by any other means of transport, are complied with, including but not limited to, proper packaging, preparation of the legally required declarations, labels and warnings, and the physical attraction of the Company’s attention thereto. A mere declaration as to contents is not sufﬁcient to discharge The Customer ’s obligations in this regard. The Customer is cautioned to avoid tendering to the Company, parcels containing fragile or valuable goods, and should he do so he is obliged to so pack and label his goods to minimise the additional risk to which such items may be exposed. The Customer indemni ﬁ es the Company against any loss or damage (including consequential damages), arising from The Customer ’s failure to observe the terms of this clause. 7. Liability 7.1. The Company’s liability to The Customer in respect of goods in its care shall terminate when clean receipt is received by the Company on delivery to the consignee. Clean receipt will be deemed to have been obtained by the Company unless the consignee at the time of delivery brings to the attention of the Company in writing, any loss or damage to the goods. 7.2. The Customer acknowledges that the Company does not insure The Customer ’s goods and will not do so unless written agreement is reached prior to the shipment taking place, for the Company to insure the goods on behalf of The Customer, which insurance premium will then be payable by the Customer to the Company t ogether with the Company’s usual charges. The insurance premium payable by The Customer to the Company shall be based on the value of the goods declared by The Customer to the Company prior to shipment, and The Customer agrees after having declared such a value, in all circumstances to be bound to limit the value of any claim relating to loss or damage to such goods either against the Company or against the insurers, to the said value declared. 7.3. Subject to what is stated above, in the event that it has been agreed in writing prior to the shipment that insurance will be taken out in respect of the goods carried by the Company, any excess or ﬁrst payment payable in respect of such policy will be payable by The Customer and not the Company notwithstanding the circumstances of loss or damage to the goods whether caused by the Company’s negligence or otherwise. 7.4. In the absence of any written agreement being reached between the Company and The Customer prior to shipment regarding insurance, the Company will accept no liability whatsoever in respect of loss or damage to goods notwithstanding the cause of the loss or the damage to the goods or even if such loss or damage was caused by the Company or its representatives negligently. 7.5. In no circumstances whatsoever will the Company accept any liability for consequential losses of any kind. 7.6. In all circumstances, The Customer indemniﬁes the Company against any claim of whatsoever nature which may be made against the Company by any other person or entity as a result of the loss or damage to the goods. 7.7. The Company may in its sole discretion, choose to replace or repair insured goods which are lost or damaged and with its insurer shall retain all rights of recovery or salvage over the goods. 8. The Company is entitled to cancel any order made by The Customer with it for any cause beyond the Company’s control or caused by circumstances of force majeure, without penalty to the Company, which circumstances shall include but not be limited to, inability to secure labour, power, materials or supplies, or due to an act of God, war, civil disturbance, riot, state of emergency, strike, lock out, or other labour dispute, ﬁre, ﬂood, drought or legislative enactment. 9. Under no circumstances whatsoever will The Customer be entitled to withhold payment of any amount due to the Company in respect of services rendered by the Company, beyond the due date in respect thereof. Without departing from the generality of the aforesaid, this clause will apply in particular where goods have been lost or damaged while in the Company’s possession and under no circumstances is The Customer entitled to set off its alleged damages or loss, against any amount due, owing and payable to the Company from time to time, in terms of invoices and statements rendered by the Company. 10. Any claims in respect of clause 7 must be submitted in writing to reach the Company at the Company’s principal place of business within three months of the date of dispatch in respect of claims relating to Clause 7 above. Claims submitted after this period will be repudiated on the grounds of late submission regardless of any other circumstances of loss or damage. The Customer indemniﬁes the Company against any loss or damage, direct or indirect, (including consequential damages), arising from The Customer ’s failure to observe the terms of this clause. 11. If the Company is unable for any reason to effect delivery of the goods, reasonable steps will be taken to return the goods forthwith to The Customer. The Customer shall be responsible for the costs of carriage, attempted delivery and return of the goods. If the Company is unable to effect return of the goods, as a result of any fault on The Customer ’s part, it shall be entitled to sell the goods through stat utory approved agencies, at a market related price so as to defray costs incurred by it after giving notice of such sale by registered post to The Customer. 12. The Company reserves the right to sell any goods belonging to The Customer at a market related price through statutory approved agencies and to apply the proceeds thereof against any arrear indebtedness of The Customer to the Version April 2021 Initials / Signature: …………………………………… Page 1 of 2 | www.za.dsv.comPage 2