WAREHOUSING AND LOGISTICS SERVICES STANDARD TRADING TERMS AND CONDITIONS between the Customer and DSV Contract Logistics (Pty) Ltd DSV Park Gauteng, 16 Serengeti Boulevard, Witfontein X89 Johannesburg, Gauteng, 1620 Registration No.: 1996/002517/07 | VAT No.: 4830158897 | 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 Contract Logistics (Pty) Ltd. 16. Miscellaneous 16.1 Intellectual Property Rights Any assignment or transfer of intellectual such as but not limited to copyrights, patent rights, trademarks, data base rights, know-how property right must be specifically agreed to in writing by the Parties. All software, software code, software applications, processes, methodologies, concepts, ideas, any documentation, in any form or format, which may be developed by DSV for Customer or utilized by DSV in any way related to the Services, through the efforts of DSV’s employees or its agents (whether or not compensated), whether independently or in cooperation with Customer, and any derivatives of any of the foregoing (collectively “Developed Work”), and the intellectual property relating to the Developed Work that relates to or is used in providing the Services, whether existing or developed in relation to this Agreement, shall be considered a part of the Services upon its creation and shall be the unrestricted, exclusive property of DSV (which DSV may, in its discretion, freely make available to other customers). 16.2 Assignment The Customer may only assign or transfer its rights and obligations under an Agreement to any non- party to such Agreement (including any Affiliate of the Customer) with prior written consent from DSV. DSV is entitled to assign an Agreement in whole or in part to any of its Affiliates upon written notification to the Customer. 16.3 Independent Contractors The Parties are independent legal entities. Neither DSV nor DSV’s employees or subcontractors will become agents or employees of the Customer nor will they have the right to represent the Customer. Neither the Customer nor its employees or subcontractors will become agents or employees or DSV, nor will they have the right to represent DSV. 16.4 Severability This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof. If one or more provisions of the Agreement are invalid or unenforceable, this provision shall not affect any other provision as a whole. The invalid or unenforceable provision shall be replaced by a new provision which legally comes closest to what the Parties intended with the invalid or unenforceable provision. The Agreement supersedes any preceding oral or written agreement between the Parties. In the event of a conflict between the body of this Agreement and the Annexures, this Agreement will prevail above all Annexures, unless otherwise explicitly stated. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement. 16.5 Variation of Terms and Conditions No variation or alteration of the Agreement (including this clause) and/or the Annexures shall be binding upon DSV unless embodied in a written document signed by a duly authorised director of both Parties. Any purported variation or alteration of the Agreement otherwise than as set out above shall be of no force or effect whether such purported variation or alteration is written or oral or takes place before or after the receipt of the Agreement by the Customer. 17. Governing Law The Agreement entered into between DSV and the Customer pursuant thereto and on the terms thereof shall be governed by and construed in accordance with the laws of the Republic of South Africa. 18. Submission to Jurisdiction The Parties agree that any legal action or proceedings arising out of or in connection with the Agreement these Conditions and any Annexures shall be brought in the division of the High Court of South Africa in Johannesburg and the Customer irrevocably submits to the non-exclusive jurisdiction of such court. 19. Disputes and Arbitration This clause is a separate divisible agreement from the rest of this agreement and shall: 19.1 not be or become void, voidable or unenforceable by reason only of any alleged misrepresentation, mistake, duress, undue influence, impossibility (initial or supervening), illegality, immorality, absence of consensus, lack of authority or any cause relating in substance to the rest of the Agreement and not to this clause. The parties intend that any such issue shall be subject to mediation and arbitration in terms of this clause; 19.2 remain in effect even if the agreement terminates or is cancelled; 19.3 govern the following: a) any dispute arising out of or in connection with this agreement or the subject matter of this agreement, including without limitation any dispute concerning: b) the existence of the agreement apart from this clause; c) the interpretation and effect of the agreement; d) the Parties’ respective rights and obligations under the agreement; e) the rectification of this agreement; f) the breach, termination or cancellation of this agreement or any other matter arising out of the breach, termination or cancellation; and g) damages in delict, compensation for unjust enrichment or any other claim, whether or not the rest of this agreement apart from this clause is valid and enforceable. 19.4 If the Parties are unable either to agree on a mediator or to resolve the dispute by way of mediation within fourteen (14) days of any Party in writing requesting that the dispute be resolved by mediation, then the dispute shall be submitted to and decided by arbitration as set out in Clause 19.5. 19.5 The Parties shall agree on the arbitrator who shall be on the panel of arbitrators for the Arbitration Foundation of South Africa (“AFSA”). If agreement is not reached within fourteen (14) days after a written request calling for agreement on the appointment of the arbitrator, the arbitrator shall be nominated by the Registrar for the time being of AFSA. 19.6 A request to nominate an arbitrator shall be in writing outlining the claim and any counterclaim of which the Party concerned is aware and if desired, suggesting suitable nominees for appointment, and a copy shall be furnished to the other party who may within seven (7) days submit written comments on the request to the addressor of the request. 19.7 The arbitration shall be conducted in accordance with AFSA rules and regulations. The Parties have specifically agreed that the arbitrator’s decision shall be final and binding upon the parties unless agreed to the contrary in writing. 19.8 The provisions of this clause shall not preclude any party from access to an appropriate Court of law for interim relief in respect of urgent matters by way of interdict or mandamus pending the outcome of the arbitration, for which purpose the Parties irrevocably submit to the jurisdiction of a division of the High Court of the Republic of South Africa. 20. 20.1 20.2 20.3 The Protection Of Personal Information Act, No. 4 Of 2013 (“the POPI”) 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. 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. 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 Signed at . on this. day of.20. CUSTOMER Signature:. Legal Name & Surname : . Title: . Signed at . on this . day of. 20. DSV CONTRACT LOGISTICS (PTY) LTD Signature:. Name: . Title: . Version August 2025 | O-SO-ZAKMP005-CT-9595 Page 3 of 3 | www.dsv.com/en-za/
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