WAREHOUSING AND LOGISTICS SERVICES STANDARD TRADING TERMS AND CONDITIONS between the Customer and DSV Solutions (Pty) Ltd DSV Park Gauteng, 16 Serengeti Boulevard, Witfontein X89, Johannesburg, 1620 Reg. No.: 1996/002517/07 | VAT No.: 4830158897 | Tel.: +27 12 673 2000 To be completed in black pen by an authorised signatory. Please return the original to DSV Solutions (Pty) Ltd The following are the standard trading terms and conditions of DSV Solutions (PTY) LTD, with registered office at DSV Park Gauteng, 16 Serengeti Boulevard, Witfontein X89, Johannesburg, Gauteng, South Africa ('DSV'). 1. Definitions These definitions apply to these Trading Terms and Conditions and the Agreement as mutually agreed between DSV and the Customer. 'Affected Personnel' shall mean the Customers employees, being those employees involved in rendering the service relating to the Customer’s function(s) which is now, in terms of the agreement, to be provided by DSV and which Service constitutes transfer of a going concern as contemplated by Section 197 of the Labour Relations Act. 'Affiliate' shall mean a legal entity that is either (a) directly or indirectly owning or controlling the Party, or (b) under the same direct or indirect ownership or control as the Party, or (c) directly or indirectly controlled by the Party for so long as such ownership or control lasts. Ownership or control shall exist through direct or indirect ownership of 50% (fifty percent) or more of the nominal value of the issued equity share capital or of 50% (fifty percent) or more of the shares entitling the holders to vote for the election of the members of the board of directors or other managing authority. Each DSV Affiliate is liable only for its own acts and omissions. The 'Agreement' shall mean the mutually negotiated and signed Agreement between the Customer and DSV regarding the provision of Services which details the pertinent provisions together with these Trading Terms and Conditions and any Annexures thereto. 'Business Day' shall mean a calendar day except Saturdays, Sundays and public holidays in the jurisdictions where the Services are provided. 'Conditions' shall mean these DSV Standard Trading Terms and Conditions. 'Customer' shall mean any person at whose request or on whose behalf DSV provides any Services. 'Goods' shall mean any item stored, transported or handled by DSV (or any third party engaged by DSV to perform any part of the Services on its behalf) during the term of the Agreement for or on behalf of the Customer. 'Logistics Services' shall mean the planning, organization, plan administration and arrangement for the transportation of goods. ' LRA' shall mean the Labour Relations Act, 66 of 1995, as amended. 'Parties' shall mean DSV and the Customer and individually 'Party'. 'Price(s)' shall mean the remuneration for the Services rendered by DSV as agreed between the Parties. 'Services' shall mean Warehousing, and/or Logistics Services. 'S197' or 'Section 197' shall mean the Transfer of contract(s) of employment of the Customer to DSV where applicable. 'Transfer' shall mean the transfer of a part of the business and that it is specifically and irrevocably agreed by the parties that such transfer constitutes a transfer of a going concern as contemplated by Section 197 of the Labour Relations Act. 'Transfer Date' shall mean the date on which the Affected Personnel are lawfully transferred by the Customer. 'Warehousing Services' shall mean all activities such as but not limited to unloading, acceptance, storage, delivery, stock control, order handling, order picking, preparing for shipment, loading, invoicing, kitting, kimbling, labelling, exchange, control of information and ancillary services with regard to Goods, as set out in Annex 1 or agreed in writing by the Parties from time to time. 2. Undertaking 2.1 Each Party undertakes that: a) Signing and performance in accordance with these Conditions and the Agreement shall not constitute a violation of applicable legislation, or of any judgment, order or decree of any court or governmental; and b) Such Party has the authority to sign these Conditions and the Agreement, and such Agreement is executed by duly authorised Version February 2024 Initials / Signature: _______________________ Page 1 of 9 | www.za.dsv.com
Download PDF file
Cookie policy