CONTRACT 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 13. 14. 15. 15.1. 15.2. 16. 17. 18. 19. 20. 21. 22. 23. 24. Company arising out of services rendered. The Company shall give The Customer fourteen days written notice by registered post, of such sale. The Customer shall remain responsible to the Company for all charges until they are paid. The Company shall not collect any monies at the time of delivery and no employee of the Company is authorised to do so. All payments made by The Customer or any third party on behalf of The Customer, shall be made free of any deduction or set off to the Company at its chosen domicilium address. All goods and documents relating to the service performed by the Company for The Customer as well as all refunds, repayments, claims and other recoveries, shall be subject to a special and general lien and pledge either for monies due in respect of such goods or for other monies due to the Company from The Customer, sender, owner, consignee or their agents. If any monies due to the Company are not paid within fourteen days after notice has been given to the person from whom the monies are due that such goods or documents are being detained, such goods and documents may be sold through statutory approved agencies by auction or otherwise or in some other way disposed of for value at the sole discretion of the Company and at the expense of such person, and the net proceeds applied in or towards the satisfaction of such indebtedness. The company shall be entitled to retain any item delivered to it by The Customer as a pledge in favour of the Company for present and past debts and the Company shall be entitled to retain or realise such pledges as it deems expedient, the said realised value of such pledged goods then being offset against The Customer ’s indebtedness to the Company. The Customer agrees that the amount specified in a tax invoice issued by the Company shall be due unconditionally: Cash on order; or If The customer is a credit approved customer, within thirty days from the end of the month in which a tax invoice was sent to The Customer by the Company. The Customer agrees to pay the amount on the tax invoice to the Company by EFT (electronic funds transfer). The Customer will ensure that the funds paid by EFT reflect in the Company’s bank account on the due date and that the Customer is responsible to ensure that the EFT is effected timeously to cater for any transfer period from one bank to another. All discounts granted to The Customer by the Company shall be forfeited if payment is not made in full on due date. The customer agrees that the amount due and payable to the Company may be determined and proved by a certificate issued and signed by a director of the Company, which certificate shall be binding and prima facie proof of the indebtedness of The Customer to the Company. Any printout or computer evidence tendered by the Company in any proceedings to resolve any dispute between the parties, shall be admissible evidence and The Customer shall not object to the admissibility of such evidence purely on the grounds that such evidence is computer evidence or that the requirements of the Computer Evidence Act have not been met. The Customer agrees that interest shall be payable on any monies due to the Company at the maximum legal interest rate prescribed in terms of the Usury Act from time to time. The Customer expressly agrees that no debt owed to the Company by it shall become prescribed before the passing of a period of ten years from the date on which the debt falls due. The Customer agrees that if any account is not settled in full on due date, the Company is entitled to immediately institute legal action or to obtain legal advice in respect thereof and the Customer shall be liable to the Company for all legal expenses incurred in this regard on the attorney and own Customer scale including costs of advocates, if necessary, notwithstanding the fact that no legal action is actually commenced. The Customer shall also be liable for any tracing costs, valuation fees or collection commission incurred by the Company. In the event of litigation or arbitration or any other form of dispute resolution The Customer agrees that the Company shall not be required in any circumstances to furnish security for costs in terms of any of the relevant provisions of the Rules of either the Magistrate’s Court Act, the Supreme Court Act or any other applicable legislation. 25. The Customer hereby consents to the jurisdiction of the Magistrate’s Court in terms of Section 45 of the Magistrate’s Court Act No. 32 of 1944 as amended, for all claims that the Company may have against The customer. This clause does not preclude the right of the Company to institute any action in the High Court of South Africa. 26. The customer chooses as their domicilium citandi et executandi for the delivery of all Court processes and any other notices hereunder, the address which appears on the dispatch document or the address which appears on the credit application form. 27. This agreement constitutes the sole record of the agreement between the parties. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein. 28. No addition to, variation of, or agreed cancellation of this agreement shall be of any force or effect, unless reduced to writing and signed on behalf of both parties. 29. No relaxation or indulgence which any party may grant to any other shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which may arise in future. 30. The invalidity of any part of this agreement shall not affect the validity of any other part of the agreement and any invalid clause may be severable from the agreement without affecting the validity of the rest of the agreement. 31. This agreement and its interpretation are subject to the laws of the Republic of South Africa. 32. THE PROTECTION OF PERSONAL INFORMATION ACT, NO. 4 OF 2013 (“the POPI”) 32.1. 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. 32.2. 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. 32.3. The Customer acknowledges that it 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 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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