South African Association of Freight Forwarders

Trading Terms and Conditions

1. INTERPRETATION
1.1. The headings of the clauses are for reference
purposes only and shall not influence the interpretation of
the clauses they refer to.
1.2. Unless the context clearly indicates otherwise:
1.2.1. Words referring to any gender include all genders.
1.2.2. The singular includes the plural and vice versa.
1.2.3. Natural persons include juristic entities (corporate or
unincorporated) and vice versa.
1.3. The following terms shall have the meanings assigned
to them below, and related expressions shall have
corresponding meanings:
1.3.1. "The Company" means VA Global Logistics (PTY)
LTD, registration number: 2022/762718 / 07.
1.3.2. "Corporate entity" means any company, close
corporation, or trust, including but not limited to associate
companies, holding companies, or subsidiaries of the
company.
1.3.3. "Customer" means any person on whose request or
behalf the company undertakes business, provides advice,
information, or services.
1.3.4. "FBL" refers to a FIATA Combined Transport Bill of
Lading.
1.3.5. "FIATA" refers to the International Federation of
Freight Forwarders Associations.
1.3.6. "Goods" refers to any asset that is:
1.3.7. Handled, transported, or dealt with by or on behalf
of the customer; or
1.3.8. Comes under the control of the company, its agents,
employees, or nominees as instructed by the customer or
a similar authority. This includes any container,
transportable tank, flat pallet, package, or any other form
of packaging, container, or equipment used in connection
with the goods. 1.3.9.
"Obligations" include, without limiting the generality of the
term, the provision of any advice, service, duty, or
responsibility.
1.3.10. "The Group" refers to the company as well as any
corporate entity rendering services to the customer.
1.3.11. "The Owner" refers to the owner of the goods
related to any business under this contract and any person who has or may acquire an interest, financial or otherwise.

2. MEMBERS OF THE GROUP RENDERING SERVICES
TO THE CUSTOMER
The company may discharge all its obligations itself, or it
may elect that a group corporate entity fulfils some or all
its obligations under this contract. In such a case, the
company shall notify the customer. Unless the customer
provides written instructions to the contrary within 3
calendar days of receiving the notice, the company's
obligations will be deemed assigned, ceded, and transferred to the group corporate entity, and the
terms of this contract shall apply with necessary
modifications.

8. COMPANY'S DISCRETION IN THE ABSENCE OF
INSTRUCTIONS

Given the nature of the obligations the customer has
contracted the company to fulfil, it may be necessary for
the company to perform or arrange for additional actions
not foreseen when this contract was concluded. In such
cases, it may not be possible for the company to obtain
specific instructions from the customer. In the absence of
timeous, written instructions from the customer, the
company:
8.1. Shall have the right to decide when and how to
perform or arrange the performance of any necessary acts
to fulfil its obligations to the customer.
8.2. May exercise discretion in determining the means,
route, and procedures used to carry out any necessary
acts or services.
8.3. Where tariff rates or premiums are involved, the
company may determine the appropriate declaration to be
made, the applicable rates or premiums to be paid, and
any liabilities to be imposed on the carrier,
warehouseman, underwriter, or other parties.
8.4. Shall be entitled to make any necessary discretionary
decisions to fulfil its obligations without incurring liability,
provided it acts reasonably and without negligence.

10. INSURANCE

10.1. The company will endeavour to comply with written
instructions from the customer to procure appropriate
insurance.
10.2. Any insurance obtained will be subject to the
exceptions and conditions of the insurer or underwriter.
The company is not obligated to secure additional or
separate cover for excluded risks unless specifically
instructed by the customer in writing.

10.3. Unless otherwise instructed in writing by the
customer, the company may include the goods in any
open or general insurance policy held by the company.
10.4. If an insurer disputes liability under a policy related
to the goods, the customer’s recourse shall be against the
insurer only, although the company will provide reasonable
assistance in pursuing the claim.
10.5. When arranging insurance, the company acts solely
as an agent for and on behalf of the customer.

12. CUSTOMER’S UNDERTAKINGS

12.1 The customer undertakes to provide written
disclosure of all relevant information that the company
may require concerning the customer's business, goods,
or for the purposes of obtaining suitable insurance. This
includes, without limitation, details such as terms of sale
and purchase, and any matters relating thereto.
12.2 The customer warrants that:
12.2.1 It is the owner of all goods that the company is
required to handle or process as part of its obligations
under this contract. If the customer is not the owner, it
warrants that it has the authority to instruct the company
and to bind the owner to this contract.
12.2.2 In authorizing the customer to enter any contract
with the company, or in accepting any document issued by
the company, the owner, sender, or consignee is bound by
this contract. This includes the right of the company to
enforce any liabilities of the customer jointly and severally
against the customer or to recover any outstanding
payments from the customer or the party acting on their
behalf.
12.2.3 All information and instructions provided by the
customer are accurate, true, and complete. The customer
warrants the accuracy of all descriptions, values, and
particulars furnished to the company for customs,
consular, or other purposes, and agrees not to withhold
any relevant information. The customer indemnifies the
company against any claims, losses, penalties, damages,
or fines resulting from any breaches, including
assessments or reassessments, whether caused
negligently or otherwise.
12.2.4 All goods will be properly and adequately prepared,
packaged, stowed, labelled, and marked, considering their
characteristics and any inherent hazards associated with
the contract's performance.

12.2.5 When goods are carried in or on containers,
trailers, flats, railway wagons, tanks, or other unit load
devices, unless specific written instructions to load the
transport unit are provided and accepted by the company,
the customer warrants that:
12.2.5.1 The transport unit has been properly and
completely loaded.
12.2.5.2 The goods are suitable for carriage in or on the
transport unit.
12.2.5.3 The transport unit is in suitable condition for
carrying the goods and complies with all relevant transport
authorities and carrier requirements.

16. GOODS REQUIRING SPECIAL ARRANGEMENTS

16.1 Except under special arrangements previously made in writing the company will not accept or deal
with bullion, coin, precious stones, jewellery, valuables, antiques, pictures, human remains or plants.

16.2 Should the customer nevertheless deliver such goods to the company or cause the company to handle or deal with any such goods otherwise that under special arrangements previously made in writing the company shall incur no liability in respect of tits negligent acts or omissions in respect of such goods.

18. PERISHABLE GOODS

18.1 Without limiting or affecting any other terms of this contract the company may dispose of any goods in the care, custody or control of the company, sender, owner or consignee, if such goods have g=begun to deteriorate or are likely to deteriorate.
18.2 The company shell incurs no liability in respect of its disposal of such goods unless the customer is able to prove that the company was negligent

19. ORPHANED GOODS

19.1 Without limiting or affecting any the terms off this contract the company may dispense of any goods in the care, custody or control of the company if:
19.1.1 Such goods are insufficiently addressed or marked, or
19.1.2 The customer cannot be identified; or
19.1.3 The goods have not been collected or accepted by the customer or any other person after expiration of 21 days after the company has notified the customer in writing to collect or accept such goods. It is specifically agreed that if the customer has not in writing provided company with an address such notice shall not be necessary.
19.2 The company shall incur no liability in respect of its disposal of such goods unless the customer is able to prove that the company was negligent.

21. PROCEEDS OF SALE

21.1 The net proceeds of any such sale, after deducting therefrom all costs, charges and expenses incurred by
the company, shall be applied in reduction or discharge, as the case may be of the customer’s obligations to the company in respect of such goods without prejudice to the company’s rights to recover from the customer any balance which may remain owing to the company after exercise of such rights.
21.2 Should the total amount collected by the company, after deducting therefrom all costs, charges, expenses
and any penalty incurred by the company in respect thereof, exceed the full THE amount of the customer’s obligations to the company in respect of such goods the company shall be obliged to refund such excess to the customer.

23. WAREHOUSING

Pending forwarding and/or delivery on behalf of the company, goods may be warehoused or otherwise held at any place as determined by the company in its
absolute discretion at the customer’s expense.

25. SUNDRY GOODS RECOGNISABLE AS THE CUSTOMER’S

The company shall have no obligation to take any action in respect of any goods which may be recognisable as
belonging to the customer unless and until it receives suitable instructions relating to those goods together with all necessary documents, and such payment as the company may reasonably require.

27. DUTIES, TAXES, IMPOSTS, LEVIES AND DEPOSITS

27.1 The customer whether or not the cause of payment was due to an act instruction or omission of the sender, owner and/or consignee and their agents, if any, shall be liable for any duties, taxes, imposts, levies, deposits or out-lays of whatsoever nature levied by or payable to the authorities, intermediaries or other parties at any port or place for or in connection with goods and whether at the time of entry and/or at any subsequent time, and for any payments, fines, penalties, expenses, loss or damage or whatsoever incurred
or sustained by the company in connection therewith or arising there out.
27.2 The company shall bear no liability in consequence of the fact that there may be a change in the rate of duty, wharfage, freight, railage or cartage or any other tariff before or after the performance by the company of any act involving a less favourable rate or tariff or by virtue of the fact that a saving might have been affected in some other way had any at been performed at a different time.

28. RECOVERY OF DUTIES INCORRECTLY PAID

28.1 Where the company has overpaid any duty, tax, levy, railage, wharfage, freight, cartage or any other impost charges.
28.1.1 The customer shall advise the company of this fact within a reasonable time; and
28.1.2 Do all things necessary to enable the company to effect recovery of the amount incorrectly paid.
28.2 In the event that the customer does not take the steps referred to above within reasonable time or in any other manner prejudice the company’s right of recovery, the
customer shall forfeit any claim which it may have had against the company and indemnity the company
against any and all losses which the company may sustain.

30. DEBITING FEES AND DISBURSEMENTS

The company shall under no circumstance be precluded from raising a debit and obtaining payment in respect of any fee or disbursements due to it notwithstanding the fact that a previous debit or debits, whether excluding or partly excluding the items subsequently requiring to be charged or recovered, had been raised and whether or not any notice had been given that further debits were to follow.

32. QUOTATIONS

32.1The customer has the right to insist on a quotation.
If the customer does not request such a quotation this right will be deemed to have waved this risk.
32.2 The company shall be entitled at any time by notice to the customer to cancel or resale from any quotation or executor agreement in circumstances where it becomes impracticable or uneconomical for the company to carry out the contract at the quoted rate and the customer shall have not claim whatsoever against the company for any loss that the customer might have as a result of the company cancelling or resitting from the quotation or executory agreement.
32.3 Without in any way limiting the provisions of clause
32.2 Above all quotations and agreements are subject to revisions without notice having regard to change in currency exchange rates and upward movements in amounts payable by or on behalf of or at the instance of the company to third parties including, without limitations, freight, surcharges, insurance premiums, equipment rental and labour which charges and upward take place after quotation. Any revision of rates as aforesaid will be commensurate with the charge in the currency exchange rate or the increase in such amounts payable. Any such increase shall fail agreement between the parties be determined by the then auditors of the company or any other
auditors nominated by the company, who is such determination shall act as experts and not as arbitrators and whose decision shall be final and binding on parties.

36. NON-WAIVER

No extension of time or waiver or relaxation of any of terms of the contract shall operate as an estoppel against any party in respect of its rights under the contract, nor shall it operate so as to preclude such party thereafter from exercising its rights strictly in accordance with these trading terms and conditions.

38. LIEN

All goods and documents relating to goods including bills of lading and import permits, as well as all refunds, repayments, claims and other recoveries, shall be subject to 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, importer or the holder of the bill of lading of their agents, if any. If monies due to the company are not paid within 14 days after notice has been given to the person from whom the monies are due that such goods or documents are being detained, they may be sold 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 satisfaction of such indebtedness.

40. LIMITATION OF COMPANY’S LIABILITY

40.1 Unless expressly provided for in this contract the company shall not be liable for any claim of whatsoever nature and whether for damages or otherwise, howsoever arising including:
40.1.1 Any negligent act or omission or statement by the company or its servants, agents and nominee, and/or
40.1.2 Any act or omission of the customer or agent of the customer with whom the company deals; and/or
40.1.3 Any loss, damage or expense arising from or in any way connected with the marking, labelling,
numbering, non-delivery or incorrect delivery of any goods; and/or
40.1.4 Any loss, damage or expense arising from or in any way connected with the weight, measurements, contents, quality, inherent vice, defect or description of any goods; and/or
40.1.5 Any loss, damage or expense arising form or in any way connected with any circumstance, cause or
event beyond the reasonable control of the company, including but without limiting the generality of the aforesaid, strike, lockout,
stoppage or restraint of labour; and/or
40.1.6 Damages arising from loss of market or
attributable to delay in forwarding or in transit or failure to carry out any instructions given to the company
and/or
40.1.7 Loos or non-delivery of any separate package forming part of a consignment or loss from package or an unpacked consignment or for damage or miss delivery; and/or
40.1.8 Damage or injury suffered by the customer or any person whatsoever arising out of any clause whatsoever as a result of the company’s execution or attempted execution of its obligations to the customer and/or the customer’s requirements or mandate.
40.2 The Company shall however be liable if:
40.2.1 Such claim arises from a grossly negligent act or omission on the part of the company or its servant; and
40.2.2 Such claim arises at a time when the goods in question are in the actual custody of the company and under its actual control, and
40.2.3 The company has received a written notice within 5 days after the end of the liable for any indirect and consequential loss arising from any act or omission or statement by the company, its agencies, servants or nominees, whether negligent or otherwise.

3. APPLICATION OF THE TERMS AND CONDITIONS
OF THIS CONTRACT
Subject to clause 5 below, all services provided and/or
obligations fulfilled by the company and/or any member(s)
of the group, whether gratuitous or not, are provided under
the terms of this contract.

4. OWNER’S RISK

Attention is drawn to the following clause: ALL
OBLIGATIONS FULFILLED BY THE COMPANY AND/OR
ANY MEMBER OF THE GROUP ARE DONE SO AT THE
SOLE RISK OF THE CUSTOMER, WHO HEREBY
INDEMNIFIES THE COMPANY AND THE MEMBERS OF
THE GROUP ACCORDINGLY.

5. APPLICABLE LEGISLATION

In the event of a conflict between this contract, any other
contract the company enters with the customer or a
subcontractor to fulfil its obligations, and any applicable
statute or regulations ("the law"), the provisions of the law
shall prevail, and the conflicting portion of this contract
shall be treated as if not written.

6. FIATA COMBINED TRANSPORT BILL OF LADING

6.1. The company may issue an FBL if deemed
reasonably necessary.
6.2. Before issuing the FBL, the company shall notify the
customer of its intention and the additional charges that
will apply. Unless the customer counters this in writing
within 3 days of receiving the notice, the company shall be
authorized to issue the FBL.
6.3. When an FBL is issued:
6.3.1. Its terms shall apply, subject to clause 5 above;
6.3.2. This contract shall continue to apply, provided there
is no conflict with the terms of the FBL.
6.4. The issuance of an FBL entitles the company to
impose an additional charge to cover the obligations
incurred.

7. EXCLUSION OF OBLIGATIONS OF COMMON OR
PUBLIC CARRIER

The company agrees to render services as a carrier or
otherwise handle the customer’s goods on the basis that it
does not undertake the obligations of a common or public
carrier. The terms of this agreement define the company’s
obligations exhaustively, and the company shall not be
liable for any loss, however caused, except where such
loss is due to the gross negligence or intentional
misconduct of the company or its employees acting within
the scope of their employment.The scope of the voyage contracted for may or may not include the usual, customary, or advertised ports of call, whether mentioned in this Bill of Lading or not. It may also involve transporting the goods to or from any facilities used by the carrier as part of the carriage, including, but not limited to, off-dock storage. The carrier does not
guarantee or undertake to load, carry, or discharge the
goods on any specific vessel, date, or time. Advertised
sailings and arrivals are estimates only and may be
advanced, delayed, or cancelled without notice. The
carrier shall not be liable for consequential damages or
any delays in the departure or arrival of any vessel or
other conveyances used to transport the goods by sea or
otherwise.

9. COMPANY'S GENERAL DISCRETION

9.1. Notwithstanding anything contained herein, the
company may depart from the customer’s instructions if it
reasonably believes doing so is in the customer’s best
interest or for the public good, provided the company acts
without negligence.
9.2. If circumstances arise that make it impossible or
impracticable for the company to comply with the
customer’s instructions, the company will take reasonable
steps to inform the customer and seek further instructions.
If no instructions are received in a timely manner, the
company, at its sole discretion, may detain, return, store,
sell, abandon, or destroy all or part of the goods at the
customer’s risk and expense, without incurring any liability,
provided the company acts reasonably and without
negligence.

11. COMPANY'S OBLIGATIONS IN THE ABSENCE OF
INSTRUCTIONS

Unless specific, timely written instructions are provided
and accepted by the company, the company is not
obligated to
11.1. Make any declaration for the purposes of any
statute, convention, or contract regarding the nature or
value of the goods or any special interest in their delivery.
11.2. Make any declaration or seek special protection or
cover from any underwriter or carrier for goods requiring
special handling or storage conditions.
11.3. Arrange for goods to be carried, stored, or handled
separately from other goods.
The company shall not incur any liability for failing to take
the above steps if it has acted reasonably.

13. COMPANY ENTITLED TO ACT AS AGENT OR
PRINCIPAL IN CONTRACTING

13.1 The company may enter contracts with third parties
for the carriage, storage, packaging, or handling of goods:
13.1.1 As the principal contracting party.
13.1.2 Or, at the company's discretion, as an agent acting
on behalf of the customer. Unless otherwise agreed in
writing, the customer provides the company with the
necessary authority to do so.
13.2 The offer and acceptance of a fixed price for
completing a task does not determine whether the
company is acting as agent or principal in fulfilling the
customer’s instructions.
13.3 The customer acknowledges that when the company,
acting as an agent, concludes contracts with third parties,
such contracts are between the customer and the third
party.
13.4 Unless otherwise agreed in writing, the company,
acting as an agent, may enter into any contracts it
reasonably deems necessary to fulfil the customer's
instructions, including but not limited to:
13.4.1 Carriage of goods by any route or means of
transport.
13.4.2 Storage, packing, transport, shipping, loading,
unloading, or handling of goods by any person at any
location, whether onshore or afloat, for any period.
13.4.3 Carriage or storage of goods in break-bulk form or
using transport units.

14. SUBCONTRACTING

14.1 Unless the customer provides written instructions to
the contrary, the company may subcontract its obligations
under this contract to third parties on terms negotiated
with such third parties.
14.2 When subcontracting, the company shall not incur
liability provided it acted reasonably in employing the third
party. The company will cede or assign its claims against
the third party to the customer and provide any assistance
required by the customer.

15. TERMS AND CONDITIONS OF AGENTS AND
SUBCONTRACTORS

The customer agrees that all goods will be handled
according to the terms and conditions stipulated by
carriers, warehouse operators, government departments,
and any other third parties involved, even if those terms
differ from this contract.

17. GOODS REQUIRING PRIOR CONSENT OF THE COMPANY

17.1 The customer shall obtain in advance the company’s specific written consent to accept into its
possession or control or into the possession or control of an of its servants, agent or employees any goods, inflammable or noxious, or which by their nature may injure, damage, taint or contaminate, or in any way whatsoever adversely affect any person, goods or property, including goods likely to harbour or attract vermin or other pests. The customer warrants
that such goods, or the case, crate, box drum, canister, tank, flat, pallet, package or holder requirements of any authority or carrier and that the nature and characteristics of such goods and all other data required by such laws, regulations or requirements will prominently and clearly be marked on the outside cover of such goods.
17.2 If any such goods are delivered to the company, whether in breach of provisions of
17.3 Above, such goods may for good reason as the company in its discretion deems fit including, without limitation, the risk to other goods, properly, like or health be destroyed, disposed of abandoned or rendered harmless or otherwise dealt with at the risk and expense of the customer and without company being liable for compensation to the customer or any other party and without prejudice to the company’s rights to recover its charges and/or fees including the costs of such destruction disposal, abandonment or rendering harmless or other dealing with the goods. The customer indemnifies the company against al loss,
liability or damage caused to the company because of the tender of goods to the company and or out of the foregoing.

20. MANNER OF SALE

20.1 If the company becomes entitled to sell any goods by virtue of the provisions of in these terms, then the goods may be disposed of in a manner which is to be determined by the company and may be by way of public auction or private treaty.
20.2 The company shall be required to give the customer 14 days calendar days’ notice of such sale unless it is a sale of perishables, in which case the
company shall give such notice as may be reasonable in the circumstances.
20.3 The company shall incur no liability as a consequence of the manner in which it disposed of such goods unless the customer discharges the onus of proving that the company was negligent

22. ACCEPTANE OF DELIVER

22.1 If delivery of any goods is not accepted by the customer consignee or party nominated by the customer at the appropriate time and place then:
22.1.1 The company shall be entitled to store the good or any part thereof at no risk to the company and at the expense of the customer.

24. COLLECTION OF EXPNESES AND COD

24.1 When goods are accepted or dealt with by the company upon instructions to collect freight, duties, charges or other expenses from the consignee or any other person or if they are not paid by such consignee or any other person immediately when due the customer shall remain responsible, therefore.
24.2 If accepted by the company instructions to collect payment on delivery shall be subject in the condition
that the company will be entitled to assume that the
recipient will affect payment and in the matter of such collection will not be liable for any negotiable
instrument which is not yet on the due date for payment.

26. EXAMINATION OF LANDED GOODS

26.1 Where it is necessary for an examination to be held or other action to be taken by a the company in respect of any discrepancy in the goods which are landed or discharged from any vessel, aircraft, vehicle or transport unit, no responsibility shall attach to the company for any failure to hold such examination or to take any other action unless the
company has been timeously advised by the landing of discharging agent that such goods have been landed on that such discrepancy exists.
26.2 The company will not be responsible for examining or counting any goods received by it where such goods are bundled palletised or packed in any other manner such that that their number cannot be quickly and easily counted, Should the company undertake to count goods so received. It shall incur no liability in respect of any error or inaccuracy in such counting, whether such error or inaccuracy is the result of negligence on the part of the company or otherwise. The company shall be entitled to levy its usual charge alternatively, a reasonable charge on the customer for counting of goods in such circumstances.

29. PAYMENT BY THE CUSTOMER

29.1 Unless otherwise specifically agreed by the company in writing the customer shall pay to the company in cash immediately upon presentation of account all sums due to the company without deduction of set-off and payment shall not be withheld or deferred on account of any claim or counterclaim down which the customer may allege.
29.2 All and any moneys received by the company from the customer shall be appropriated by the company in its sole and absolute discretion in respect of any undisputed indebtedness owing by the customer to the company notwithstanding that the customer might, when making payment, seek to appropriate the
payment so made to any particular debt or portion of debt.

31. RISK OF POSED ITEMS

33. NO CLAIMS AGAINST COMPANY DIRECTORS AND EMPLOYEES

The customer undertakes that no claim shall be made against any director servant or employee of the company which imposes or attempts to impose upon him liability in connection with the rendering of any services which are the subject of these terms & conditions and hereby wives all and any such claims.

34. CUSTOMRE’S ORAL INSTRUCTION

The customer’s instructions to the company shall be precise, clear and comprehensive and in particular, but without limitation, shall cover any valuation or determination issued by the customs in respect of any goods to be dealt with by or on behalf of or at the request of any goods to be dealt with by or on behalf of or at the request of the company instructions given by the customer shall be recognised by the company as valid only if timeously given specifically in relation to a particular matter in question. Oral instructions, standing or general instructions or instructions given late even if received by the company without comment, shall not in any way be binding upon the company, but the company may act thereupon in the exercise of its absolute discretion.

35. VARIATION OF THIS CONTRACT

No variation or alteration or oral cancellation of this contract shall be binding on the company unless embodies in written document signed by a duly authorized director of the company. Any purported variation or alteration of this contract otherwise than as set out above shall be of no force o effect, whether such purported variation or alteration is written or oral or takes place before or after the receipt of this contract by the customer.

37. GOVERNING LAW

This contract and all agreements entered into between the company and the customer pursuant thereto and on the terms thereof shall be governed by and constituted in accordance with the laws of the Republic of South Africa.

39. INDEMNITY BY THE CUSTOMER

If the company breaches any of this contract or any agreement between it and the customer and fails to remedy such breach within 30 days of the date of receipt of written notice requiring it to do so then the customer shall be entitled to compel performance by the company of the obligations it has defaulted in but shall not be entitled to cancel this contract and any agreement between the customer and the company.

41. BREACH

42. LEGAL COST

42.1 In the event of either party breaching any of its obligations the defaulting party shall be liable to bear the aggrieved party’s legal cost on the scale as between attorney and client calculated at the actual rate charged by the aggrieved party’s attorneys.
42.2 If any provision of these terms and conditions is unenforceable, then the Company shall be entitled to elect that such provision shall be severed from the remaining provisions of these terms and conditions
which shall not be affected and shall remain of full force and effect.
42.3 No variation or alteration or oral cancellation of this contract shall be binding on the Company unless embodied in a written document signed by a duly authorised director the Company
42.3.1 Any purported variation or alteration of this
contract otherwise than as sets out above shall be of no force or effect whether such purported variation or alteration is express or implied or tacit, whether it is written or oral, or takes place before or after the receipt of this contract by the customer.
42.4 No extension of time or waiver or relaxation of any of terms of this contract shall operate as an estoppel against any party in respect of its rights under this contract, nor shall it operate so as to preclude such party thereafter from exercising tits rights strictly in accordance with these trading terms and conditions.
42.5 This contract and all agreements entered into between the Company and the Applicant shall be governed by and construed in accordance with the laws of the Republic of South Africa.

43. SURETY

The individual signing this agreement binds himself as surety to take responsibility and be liable for the rights and obligations agreed to in this agreement that may for any reason/s be breached by the entity who authorised the individual to conclude this agreement.

South African Association of Freight Forwarders

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