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. 17.9.It is agreed that the Transporter is not liable at all for any consequential losses or damages of any nature relating to the carriage or the goods, even if caused by a delay in delivery and no matter how such consequential losses or damages were caused or arose, even if caused by the negligence of the Transporter. 17.10. The Customer indemnifies the Transporter against any claim of any nature whatsoever made against the Transporter 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. If the Transporter is unable to effect delivery of the goods, for reasons outside the control of the Transporter, the Transporter will take reasonable steps to return the goods to the Customer at the cost of the Customer. 17.11. The Transporter may hold onto, not release and refuse to deliver, all goods, documents, refunds, claims or recoveries (“the items”) relating to the carriage or the goods on the basis of a special and general lien and pledge, if monies due to the Transporter in respect of the items or other monies due for other reasons are not paid on due date. The Transporter may sell the items or dispose of them for value and retain such proceeds, 14 days after wri tten notification thereof to the Customer, if the amounts due remain unpaid. 18. The Transporter does not wish to carry dangerous goods. 19. If the Customer requires carriage of dangerous goods, the Customer is fully responsible for ensuring that all requirements in relation to the carriage of dangerous goods are complied with and that all relevant information is conveyed to the Transporter by written notice, including but not limited to classification o f the goods, proper packaging and presentation of the goods, preparation of the legally required declarations, labels and haulings. 20. If the Transporter has agreed to accept dangerous goods for carriage, but thereafter, in the reasonable opinion of the Transporter, the dangerous goods constitute a risk to other goods, property, life or health, the Transporter shall take reasonable steps to notify the Customer thereof and to require the Customer to remove such goods or to deal with them appropriately, reserving the right to deal with such goods themselves in the absence of the Customer doing so, if reasonably necessary. 20.1.The Transporter does not wish to carry fragile or valuable goods, but if the Customer chooses to hand over such goods to the Transporter, then the Customer shall pack and label such goods to minimise the additional risk associated with the carriage of such goods. 20.2. The parties hereby consent to the jurisdiction of the Magistrate’s Court in terms of Section 45 of the Magistrate’s Co urt Act No. 32 of 1944 as amended, in respect of any legal action which may arise out of this contract for carriage. 21. 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. 22. 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 underlying contract signed by the parties 23. 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. 24. 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. 25. 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. 26. This agreement and its interpretation is subject to the laws of the Republic of South Africa. 27. THE PROTECTION OF PERSONAL INFORMATION ACT, NO. 4 OF 2013 (“the POPI”) 27.1. 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. 27.2.In the event of an unauthorised, unlawful and/or unintended processing, accessing and/or ac quiring 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. 27.3. The Customer ack nowledges 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 May 2021 Page 2 of 2 | www.za.dsv.com
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