CONTRACT FOR CARRIAGE ( STANDARD TERMS AND CONDITIONS) between the Customer and DSV Road (Pty) Ltd PO Box 14056, Sidwell, Port Elizabeth, 6001 | 5A Combrink Road, Alrode, 1451 Registration No.: 2000/016342/07 | Tel.: +27 11 908 0361/2/3/4 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. All business undertaken by DSV Road (Pty) Ltd is subject to the following terms and conditions: 1. For the purposes of the contract for carriage: 1.1. “the Transporter” shall mean DSV Road (Pty) Ltd. 1.2. “carriage” shall mean all forms of transport and related activities undertaken by the Transporter on behalf of Customers in respect of goods. 1.3. “the Customer ” shall mean the party on whose behalf the Transporter 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 on whose behalf the carriage has taken place. 1.4. “the goods” shall mean all packages, parcels, or items taken into possession by the Transporter for carriage on behalf of the Customer. 2. It is agreed that the Transporter is not a public or common carrier. 3. The Transporter 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 Transporter 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 type of carriage requested by the sender or the Customer. 5. The Customer agrees that: 5.1. Any description and particulars of goods or information provided to the Transporter in respect of the carriage shall be full and accurate. 5.2. Any transport unit and/or equipment supplied by the Customer in relation to the requested carriage, is fit for purpose. 5.3. All goods handed to the Transporter for carriage have been properly and sufficiently prepared, packed, stowed, labelled and/or marked, taking into account the carriage required and that such goods are free from inherent vice or danger to other goods. 5.4. If it hands to the Transporter the goods already stowed in or on a transport unit, that the transport unit is in good condition, and is suitable for the carriage to the intended destination. 5.5. Where the Transporter provides the transport unit, but the Customer is responsible for loading same, that on loading, the Customer will inspect the transport unit to ensure that it is suitable taking into account the nature of the goods and the type of carriage to the intended destination required. 6. In respect of loading and unloading: 6.1. It is the Customer ’s responsibility to arrange to load and unload the goods. 6.2. The Customer will provide plant, power and labour required for loading or unloading the goods. 6.3. The Customer will provide any special appliances required for loading or unloading the goods. 6.4. If the Transporter is requested to attend to or assist in the loading or unloading process, despite same being the Customer ’s responsibility as set out in sub - paragraphs 6.1 to 6.3 above, then the Transporter shall not be liable for any loss or damage caused during such loading or unloading process. 7. The instruction from the Customer to the Transporter in respect of any carriage shall be made on the Transporter’s official contract for carriage / dispatch docume nt duly completed at the time that the goods are received by the Transporter. 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 Transporter 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. 8. The Transporter publishes its tariff of charges in respect of carriage, and amends same, from time to time and it is agreed that the Transporter is entitled to charge the Customer in accordance with such published tariff, as amended from time to time. If the Transporter 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 Transporter is obliged to pay any disbursements in respect of the carriage, it is agreed that the Transporter may recover such disbursements from the Customer at cost, in addition to the tariff or agreed charges in respect of the carriage. 9. The Customer shall pay the Transporter in respect of the carriage within a maximum of 30 (thirty) days from date of the Transporter’s invoice to the Customer. If the Customer fails to do so, the Transporter may charge the Customer interest on overdue amounts at the current legal mora interest rate. 10. The Customer may raise queries on the Transporter’s invoice during this 30 (thirty) day period and the Transporter will resolve such queries during this period. If no queries are raised, the Transporter’s invoice is deemed correct and undisputed. 11. Even if queries are raised by the Customer which are not resolved within the 30 (thirty) day period, the Customer is liable to pay within the 30 (thirty) day period, all undisputed items on the Transporter’s invoices. 12. The Customer agrees that all discounts granted to it will be forfeited if payment is not made in full on due date. 13. The Customer is not entitled to withhold payment of any amount due to the Transporter 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 Transporter. 14. The Customer shall remain responsible to the Transporter for all charges until they are paid. The Transporter shall not collect any monies at the time of delivery and no employee of the Transporter is authorised to do so. 15. The Customer agrees not to pay by cheque unless there are sufficient funds available in the cheque account to meet the cheque. The Customer bears the risk of payment by cheque through the post. 16. The amount due and owing by the Customer at any time to the Transporter, is proved in pri nciple by a certificate signed by a director of the Transporter. 17. Exclusions and Limitation of Liability and Insurance. 17.1.The Transporter 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 Transporter, from the time that the Transporter takes possession of the goods until the time that the Transporter correctly delivers the goods to the designated consignee 17.2.Correct delivery to the designated consignee will be deemed to have taken place when the Transporter 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. 17.3. If no safe or adequate access to the designated consignee’s premises is available, or if no safe or adequate unloading facilities exist at the designated consignee’s premises, then the Transporter will return the goods to the Transporter’s premises and notify the Customer in writing of the problems experienced at the premises of the designated consignee and from time of such written notification to the Customer, it is agreed that the Transporter is deemed to have completed the carriage in terms of Clause 17.2 above and the Transporter accordingly bears no further risk or liability in respect of such goods. 17.4.The Transporter is not liable for any physical direct losses and damages in respect of the goods, or 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, embargos, civil commotion, war, riots, hackings and any other acts beyond the reasonable control of the Transporter. 17.5.The Transporter does not know the nature and value of the goods it receives for carriage from the Customer and therefore the following shall apply unless agreed otherwise in writing:- 17.5.1. In respect of Full Truck Load (FTL) which means a single truck load of 12m up to 18m load space, the Transporter holds insurance covering its liability for direct loss or damage to the goods and packaging, for a maximum value of R1,000 000,00. 17.5.2. In respect of Less Than a Truck Load (LTL) carriage conducted by the Transporter, the Transporter holds insurance covering its liability for direct loss or damage to the goods and packaging, of R14,50 per kilogram up to a maximum of R500,000.00 per shipment . 17.6.If the Customer requires the Transporter to accept a greater liability in respect of the goods in clause 17.6.1 and 17.6.2 above then the Transporter will only accept such greater liability if the Transporter is able in advance of the carriage, to obtain additional insurance covering its proposed additional 17.7.It is agreed that the Transporter is only liable to compensate the Customer in respect of direct loss or damage to the goods, if and when the Transporter receives payment from its liability insurer, and then, only to the extent of the payment so received. If the claim is repudiated by the insurer for any lawful reason other than negligence of the Transporter in submitting the claim timeously or at all, then the Transporter bears no liability to the Customer at all. 17.8.Any claim by the Customer in respect of direct loss or damage to the goods, must be submitted in writing within 7 days of the shipment, failing which the claim will be rejected by the insurers and the Transporter will bear no liability to the Customer whatsoever. Initials / Signature:_______________________ Version May 2021 Page 1 of 2 | www.za.dsv.com
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