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Overstay clause For Maersk A/S The Ports of Durban, Cape Town and the Inland Port of City Deep
- In the event of the Goods having been landed at any South African Port Terminal or City Deep Inland Container Terminal and the Merchant fails to remove the Goods within the time provided for in the Carrier's tariff, then notwithstanding anything to the contrary contained in any other agreement or document whatsoever, but without prejudice to its rights and liberties in terms thereof including as a matter of contract all benefits under the International Convention for the Unification of Certain Rules relating to bills of lading signed at Brussels on 25th August 1924 ("the Hague Rules"), on which the Carrier may rely at its sole discretion, the Carrier or its Agent shall be entitled but not obliged, without notice to the Merchant, to haul or arrange for the haulage of the Goods from the Terminal to a depot and to there store them pending payment by the Merchant of all outstanding freight, haulage, storage and any other related costs including but not limited to container demurrage, in respect of which expenses, costs and demurrage the Carrier and/or its agent shall be entitled to exercise a lien until paid. Such haulage and storage shall be undertaken on behalf of the Merchant entirely at its sole risk and expense and neither the Carrier nor its agents or sub-contractors shall have any liability to the Merchant for any loss or damage to the Goods, or in respect of any consequential damages, wheresoever and howsoever caused, including by their negligence.
- Notwithstanding the aforegoing and in the event that the proper law, custom and practice, or a competent court by binding decision, extends the period of responsibility of the Carrier otherwise than in accordance with the terms of any applicable Ocean or Multimodal Transport bill of lading to a period after the Carrier tendering the Goods for delivery in terms of Clause 5.2. of the applicable Bill of Lading Terms for Carriage, whether in contract, delict, bailment or deposit, then the Carrier and its agents and sub-contractors shall have the benefit of every right, defence, immunity, limitation and liberty provided for in the Hague Rules during such additional period of responsibility, notwithstanding that the loss or damage did not occur during the period of the carriage by sea.
The Merchant indemnifies the Carrier, its employees, agents and/or sub-contractors against any claim for customs duties, value-added tax, sales tax, penalties, amounts raised in forfeiture, and any other fines, levies or charges whatsoever in respect of the Goods.
For Ocean Transport, the Merchant shall take delivery of the Goods as provided for in clause 22.2 of the Bill of Lading Terms of Carriage, within the above detailed free time applicable to the relevant South African Port Terminal or City Deep Inland Container Terminal.
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Consumer Protection Act
The Consumer Protection Act intends to regulate the marketing of goods and services to consumers, as well as the transactions and/or agreements between the consumers and the producers, suppliers, distributors, importers, retailers, service providers and intermediaries of those goods and services. The purpose of the Act is to ‘promote and advance the social and economic welfare of consumers in South Africa’. It therefore intends;
- To improve access to, as well as the quality of, information that is necessary for consumers to make informed choices,
- To protect consumers from health and safety hazards,
- To promote consumer education,
- To establish a legal framework for the achievement of a consumer market that is fair, accessible, efficient, sustainable and responsible,
- To promote fair business practices,
- To protect consumers from unfair, unreasonable and/or improper trade practices,
- To protect consumers from misleading, deceptive, unfair or fraudulent conduct
- To provide for systems of dispute resolution and enforcement.
Booking Cancellation Policy
Consumer Protection Act – Industry Alternative Dispute Resolution Scheme
Container Type and Sizes
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Useful Legal Documents and Definitions:
- Hague Rules
- Hague Visby Rules
- US COGSA
- US Shipping Act
- York Antwerp Rules 1994
- York Antwerp Rules 2004
- Both-to-Blame Collision Clause
- New Jason Clause
- Disclosures and Definitions
- English Shipping glossary
- Customer Tariff Booklet
- Carmack Amendment
- Promotion of Access to Information Act 2, of 2000
- Useful legal documents and definitions
- Terms of Carriage