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SMOOLINK FORWARDING (PTY) LTD

TRADING TERMS AND CONDITIONS

1. INTERPRETATION

In these standard trading terms and conditions:

1.1. the headings to the clauses are for reference purposes only and shall not aid in the

interpretation of the clauses to which they relate;

1.2. unless the context clearly indicates a contrary intention, words importing any one gender

include the other two genders, the singular includes the plural and vice versa, and natural

persons include created entities (corporate or unincorporate) and vice versa;

1.3. the following terms shall have the meanings assigned to them hereunder and cognate

expressions shall have a corresponding meaning namely –

1.3.1 "the company" means SmooLink Forwarding (Pty) Ltd, or as regarding its right under

clause 2, the member of the organization in respect of which it exercises its rights;

1.3.2 “the Carrier” means any transporter, whether by road, rail, sea or air, with whom the

Company contracts whether as principal or agent, to move Goods or provide services,

and references to Client or “third parties” includes the Carrier;

1.3.3 "Customer" means the same as "Client";

1.3.4"Client" means any person at whose request or on whose behalf the Company

undertakes any business or provides any advice, information or service and includes

any holder of a Holding Certificate or similar document evidencing the receipt of Goods;

1.3.5 “Forwarding Services” means those activities and services of any kind provided by the

Company including, but not restricted to, the issuing of sea and other transport

documents, collecting freight, the release of Goods against presentation of appropriate

documents and information, the carriage, consolidation, storage, handling, packing or

distribution of Goods and the clearing and forwarding of a Clients Goods and any

related and ancillary services and the providing of advice and information relating

thereto.

1.3.6 "the group" means SmooLink Forwarding (Pty) Ltd and any company which is a holding

company or subsidiary of the company from time to time which may render a service

to the customer in terms of clause 2;

1.3.7 "Goods" means any goods of whatsoever nature handled, transported or dealt with by

or on behalf of or at the instance of the Company or which come under the control of

the Company or its agents, servants or nominees on the instructions of the Carrier or

the Client, and includes any type of container, transportable tank, flat pallet, package

or any other form of covering, packaging, container or equipment used in connection

with or in relation to such goods;

1.3.8"Owner" means the owner of the Goods and any other person who has any risk in and

to the Goods and any person who acquires any other interest, financial or otherwise

therein and to whom Forwarding Services are provided;

1.3.9 “Parties” means the Company, the Carrier or the Client;

1.3.10

“Sea Transport Document” means those documents defined in Section 1(a) – (e)

inclusive of the Sea Transport Documents Act, 2000 as amended from time to time;

2. MEMBERS OF THE GROUP RENDERING SERVICES TO THE CLIENT

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2.1. The Company may at its election perform all or any business undertaken or provide advice,

information or services, whether gratuitous or not, either itself or it may procure that any

that any member of the group undertakes such business or provides such advice,

information or services as principal upon and subject to the terms and conditions contained

herein which shall apply mutatis mutandis to the Client and any such member of the group.

2.2.For the purposes of Clause 2.1, each party shall be deemed to have appointed the Company

as its agent for procuring on behalf of any such other party, the benefit of these terms and

conditions and the Company shall further be deemed to accept such benefits at the time of

accepting any instruction to perform any function in rendering any Forwarding Services to

the Client.

3. APPLICATION OF TERMS AND CONDITIONS

3.1. Subject to clause 5, all and any business undertaken or advice, information or services

provided by the Company, whether gratuitous or not, is undertaken or provided subject to

these terms and conditions.

3.2.The Company deals with Goods only on the basis that it is neither a common carrier nor a

public carrier..

3.3.If any of the terms of these trading terms and conditions is repugnant to or in conflict with

the law, then and in such event the conflicting term embodied herein shall be deemed to be

amended and/or altered to conform therewith, and such amendment and/or alteration shall

not in any way affect the remaining provisions of these trading terms and conditions.

3.4.If any term is unenforceable, then the Company shall be entitled to elect, at any time that

such term shall be severed from the remaining terms and conditions, so as to allow the

remaining terms and conditions to remain of full force and effect.

3.5.These terms and conditions shall prevail over those of any Client or carrier or any party with

whom the Company contracts, even if any applicable terms contain a clause similar in

meaning and intention to this one.

4. OWNER'S RISK

4.1. All Forwarding Services provided by the Company by or on behalf of or at the request of the

Client and/or the Owner, is provided at the sole risk of the Client and/or Owner, and the

Client indemnifies the Company against any claim which might be brought against the

Company, howsoever arising, whether in contract or delict or otherwise, by any Owner or

any other third party.

4.2.Notwithstanding any representations made by the Company regarding any times or delivery

dates for performance by the Company, these times and delivery dates are estimates only,

and it is agreed that insofar as the Company is concerned time shall not be of the essence

and any delay in the Company performing any of its obligations will not entitle the Client to

cancel any contract or claim damages.

4.3.If the Company is prevented or restricted, whether directly or indirectly, from carrying out

all or any of its obligations by force majeure or by any other reason beyond its control, the

Company shall be relieved of performing its obligations for the period that such event

continues and no liability whatsoever shall attach to the Company for any inability to perform.

Force majeure includes, but is not limited to, any strike, lock-out, port closure, industrial

dispute, fire, explosion, earthquake, storms, hail, flood, landslide, riot, unrest, act of God,

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legislation, derailment, regulation or ordinance, act or omission of any port or other

authority.

5. APPLICABLE LEGISLATION

5.1. If the company is obliged, in the execution of any of its duties and/or responsibilities to

comply with the legislative enactment ("the law") of any nature whatsoever, then the

Company by so complying shall not be deemed to waive nor abandon any of its rights

contained in these terms and conditions.

5.2.In addition, in complying with the law, the Company shall not be deemed to have assumed

any onus, obligation, responsibility or liability in favor of the Client.

6. COMPANY'S DISCRETION IN THE ABSENCE OF INSTRUCTIONS

6.1 In the absence of specific instructions given timeously in writing by the Client to the Company

–

6.2 It shall be in the reasonable discretion of the Company to decide at what time to perform or

to procure the performance of any or all of the acts which may be necessary or requisite for

the discharge of its obligations to the Client;

6.3 The Company shall have an absolute discretion to determine the means and procedure to be

followed by it in performing all or any of the acts or services it has agreed to perform; and

6.4 6.4 In all cases, where there is a choice of tariff rates or premiums offered by any carrier,

warehouseman, underwriter, or other person depending upon the declared value of the

relevant goods or the extent of the liability assumed by the carrier, warehouseman,

underwriter or other person, it shall be in the discretion of the Company as to what

declaration, if any, shall be made, and what liability, if any, shall be imposed on the carrier,

warehouseman, underwriter or other person.

7. COMPANY'S GENERAL DISCRETION

7.1 Notwithstanding anything to the contrary herein contained, if at any time the Company should

consider it to be in the Client's interests or for the public good to depart from any of the

Client's instructions, the Company shall be entitled to do so and shall not incur any liability

in consequence for doing so.

7.2 If events or circumstances come to the attention of the Company, its agents, servants, or

nominees which, in the opinion of the Company, make it in whole or in part, impossible or

impracticable for the Company to comply with a Client's instructions the Company shall take

reasonable steps to inform such Client of such events or circumstances and to seek further

instructions. If such further instructions are not timeously received by the Company in

writing, the Company shall, at its sole discretion, be entitled to detain, return, store, sell,

abandon, or destroy all or part of the goods concerned at the risk and expense of the Client.

7.3 The Company contracts with the client as principal, but is entitled to subcontract the service

for any part thereof to any third party. When doing so:

7.3.1 The Company is entitled to subcontract on terms stipulated by or negotiated with that

third party for purposes of the services as it deems appropriate in its sole discretion.

7.3.2 Any subcontractor is entitled to the benefit of every right, defense and limitation

provided for in these terms and conditions; and

7.3.3 The Company does not require the client’s consent to subcontract all or part of the

services.

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8. INSURANCE

8.1 The Company shall have no obligation whatsoever to obtain any form of insurance cover on

behalf of the Client in respect of the Goods.

8.2 Subject to the provisions of clause 8.4, the Company shall endeavor to place any insurance

cover the Client timeously and in writing instructs it to effect. Such insurance will be subject

to such exceptions and conditions as may be imposed by the insurance company or

underwriter taking the risk and the Company shall not be obliged to obtain separate cover

for any risks so excluded. Unless otherwise agreed in writing the Company shall not be under

any obligation to obtain separate insurance in respect of separate consignments but may

insure all or any of such consignments under any open or general policy held by the Company

from time to time

8.3 Should any insurer dispute its liability in terms of any insurance policy in respect of any

Goods, the Client concerned shall have recourse against such insurer only and the Company

shall not have any responsibility or liability whatsoever in relation thereto notwithstanding

that the premium paid on such policy may differ from the amount paid by the Client to the

Company in respect thereof. Insofar as the Company agrees to arrange insurance the

Company acts solely as agent for and on behalf of the Client.

8.4 Notwithstanding anything to the contrary herein contained the Company shall in no

circumstances be liable for any consequences of any failure to obtain any insurance cover,

whether requested to do so by the Client, or otherwise and the liability of the Company in

respect of any claim brought against the Company arising out of or connected with the

provisions of this clause 8 shall be regulated and determined in accordance with the

provisions of clause 4 of these conditions.

9. COMPANY'S OBLIGATIONS IN THE ABSENCE OF INSTRUCTIONS

9.1 Unless specific written instructions are timeously given to and accepted by the Company, the

Company shall not be obliged to –

9.2 make any declaration for the purpose of any statute, convention, or contract, as to the nature,

weight or value of any goods or as to any special interest in delivery. In particular, the

Company shall be under no obligation to make any declaration or to seek any special

protection or cover from any carrier in respect of any goods which are, or fall within the

definition ascribed thereto by that body of dangerous goods or other goods which require

special conditions of handling or storage; and

9.3 arrange for any particular goods to be carried, stored or handled separately from other

goods.

10 CLIENT’S, CARRIERS AND WAREHOUSEMAN’S UNDERTAKINGS

For all purposes hereunder the Carrier or Warehouseman and the Client shall be deemed to

have in relation to the Carrier’s or warehouseman’s and the Client's business, the Goods and

the Forwarding Services to be rendered by the Company in regard thereto, reasonable

knowledge of all matters directly or indirectly relating thereto or arising therefrom including,

without limitation, terms of sale and purchase and all matters relating thereto and the

Carrier or warehouseman and the Client undertake to supply all pertinent information to the

Company.

10.1 The Client warrants that –

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10.1.1 it is either the Owner or the authorized agent of the Owner, sender, shipper or

consignee of any Goods, or holder of any Holding Certificate, in respect of which the

Client instructs the Company and that each such person is bound by these terms and

conditions. In the event that any such person is not, for whatever reason, found to be

bound by these terms and conditions, the Client shall indemnify the Company in full

against all and any liability that the Company shall incur to such person.

10.1.2 in authorizing the Client to enter into any contract with the Company and/or in accepting

any document issued by the Company in connection with such contract, the Owner,

sender, shipper or consignee is bound by these terms and conditions for itself and its

agents and for any parties on whose behalf it or its agents may act, and in particular,

but without prejudice to the generality of the aforegoing, it accepts that the Company

shall have the right to enforce against them jointly and severally any liability of the

Client under these terms and conditions or to recover from them any sums to be paid

by the Client which upon proper demand have not been paid;

10.1.3 all information and instructions supplied or to be supplied by it to the Company is and

shall be accurate, true and comprehensive, and in particular, without derogating from

the generality of the aforegoing, the Client shall be deemed to be bound by and

warrants the accuracy of all descriptions, values, heights, weights and other

particulars furnished to the Company for Customs, consular, carriage and other

purposes, and the Client warrants that it will not withhold any necessary or pertinent

information, and indemnifies the Company against all claims, losses penalties,

damages, expenses and fines whatsoever, whensoever and howsoever arising as a

result of a breach of the aforegoing whether negligently or otherwise including, without

derogating from the generality of the aforegoing, any assessment or reassessment;

10.1.4 it will comply with such laws as may be applicable to it;

10.1.5 the Goods will be properly, adequately and appropriately prepared and packed, stowed,

labelled and marked, having regard, inter alia, to the implementation by or on behalf of

the Company or at its instance of the contract involved, and the hazardous or other

characteristics of the Goods involved and are capable of withstanding the normal

hazards inherent in the implementation of such contract and will not cause the death

of, or injury to, or illness of, any person, nor cause any loss of, or damage to, property;

10.1.6 the Goods are accompanied by all necessary completed documents, save to the extent

that the Company has undertaken to prepare or procure this, failing which the Company

shall be entitled to refuse acceptance of the Goods, or to order the removal of Goods

in storage or to refuse delivery of the Goods until the correct documents have been

provided.

10.2The Carrier or Warehouseman warrants that:

10.2.1 the person who represents the Carrier in entering any agreement with the Company is

duly authorized to do so and to bind the Carrier or Warehouseman to these terms and

conditions;

10.2.2any vehicle, trailer, ship, vessel or aircraft used by it to convey the Goods is in sound

mechanical condition and will be operated only by duly licensed persons who are not

under the influence of alcohol or other drug which tends to or does impair the

performance of that person;

10.2.3it will comply with such laws as may be applicable to it;

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10.2.4it has and will maintain adequate Carrier’s or Warehouseman’s liability insurance in

place to cover any claim for loss, damage or delay to any Goods and any consequential

losses, which may be brought against it by a person with an interest in the Goods

carried by it or stored by it;

10.2.5it will indemnify the Company for the full amount of any claim against the Company for

loss, damage and consequential loss arising from or in connection with any services

rendered by the Carrier or Warehouseman and by any person who subcontracts its

obligations;

10.2.6where the company has been given and has accepted specific instructions to prepare

and pack the goods –

10.2.6.1 that the goods have been prepared and packed in secure premises; and that the

goods have been handled by staff who have been subjected to background

checks and have received job specific cargo security training as prescribed by

law;

10.2.6.2that the transport unit has been properly and competently loaded;

10.2.6.3that the goods have been protected from unlawful interference during

preparation, storage and transportation; and that the goods have been

subjected to such security controls as may be prescribed by law;

10.2.6.4that the Goods involved are suitable for carriage in or on the transport unit; and

10.2.6.5that the transport unit is itself in a suitable condition to carry the Goods loaded

therein and complies with the requirements of all relevant transport authorities

and carriers.

10.2.6.6that the goods have been sealed with seals of acceptable quality and of such

type as may be prescribed by law.

10.2.7where goods are carried in or on containers, trailers, flats, tilts, railway wagons, tanks,

igloos or any other unit load devices specifically constructed for the carriage of goods

by land, sea or air, (each such device hereinafter individually referred to as "the

transport unit") then save where the company has been given and has accepted specific

written instructions to load the transport unit –

10.2.7.1 that the transport unit has been properly and competently loaded; and

10.2.7.2 that the goods involved are suitable for carriage in or on the transport unit; and

10.2.7.3that the transport unit is itself in a suitable condition to carry the goods loaded

therein and complies with the requirements of all relevant transport authorities

and carriers; and

10.2.7.4that it will provide the company in writing with the verified gross mass of the

transport unit, prior to it being loaded on board a ship.

11. RECOVERY OF DEBTS DUE TO THE COMPANY

11.1 The Company shall be entitled to recover any amounts due to it by the Client in respect of

instructions relating to or in terms of any contract in respect of particular goods from the

Client, or if the Client acts as agent for a disclosed or undisclosed principal from the Client

or the principal, as the Company in its absolute discretion deems fit.

11.2 The Client agrees that in the event of the Company instituting legal proceedings against the

Client to recover amounts due in terms of any agreement or for breach of these terms and

conditions or for enforcement of any other obligations or for the recovery of damages owed

by the Client to the Company in terms of such agreement, the Client shall be liable for all

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legal costs incurred by the Company, on the scale as between attorney and own client, as

well as collection commission and tracing agent's fees.

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

12.1 Unless otherwise agreed in writing, the Company in procuring the Forwarding Services shall

be entitled to act either as an agent for and on behalf of the Client or as a principal, as it in

its absolute discretion deems fit.

12.2The offer and acceptance of a fixed price for the accomplishment of any task shall not itself

determine whether such task is to be arranged by the Company acting as agent for and on

behalf of the Client or as a principal.

12.3The Client acknowledges that when the Company, as agent for and on behalf of the Client,

concludes any contract with a third party, such agreement is concluded between the Client

and the third party.

12.4

Unless otherwise agreed in writing, the Company, when acting as agent for and on behalf

of the Client, shall be entitled to enter into any contract it reasonably deems necessary or

requisite for the fulfilment of the Client's instructions, including, without limitation, contracts

for the –

12.4.1 carriage of goods by any route or means or person;

12.4.2storage, packing, transport, shipping, loading, unloading and/or handling of goods by

any person at any place whether on shore or afloat and for any length of time;

12.4.3carriage or storage of goods in break-bulk form in or on transport units as defined in

clause 10.2.8 or with or without other goods of whatsoever nature.

13. SUBCONTRACTING

13.1 Any business entrusted by the Client to the Company may, in the absolute discretion of the

Company, be fulfilled by the Company itself, by its own servants performing part or all of the

relevant services, or by the Company employing, or entrusting the Goods or any services to

third parties on such terms and conditions as may be stipulated by, or negotiated with, such

third parties for the purposes of such services, or such part thereof as they may be employed

to carry out.

13.2Where the Company contracts with third parties to perform all or any of the functions which

it has agreed to perform, the Client agrees that the Company shall have no responsibility or

liability to the Client for any negligent, grossly negligent or intentional act or omission of

such third party, even though the Company may be responsible for the payment of such third

party's charges. Notwithstanding the aforegoing, the company shall, if suitably indemnified

against all costs, (including attorney and client costs) which may be incurred or awarded

against the company, take such action against the third party on the client's behalf as the

client may direct.

14. TERMS AND CONDITIONS OF AGENTS AND SUBCONTRACTORS

14.1 Notwithstanding anything to the contrary contained herein the Client agrees that all Goods

shall be dealt with by any third party appointed to perform any function in terms of Clause

13, on the terms and conditions, whether or not inconsistent with these terms and conditions,

stipulated by any such third party, including any carriers, warehousemen, government

departments, and all other parties (whether acting as agents or subcontractors to the

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Company or otherwise) into whose possession or custody the Goods may pass, or subject to

whose authority they may at any time be.

14.2

If, notwithstanding the provisions of 13.2, it should be held that the Company in any way

retains any obligations or responsibilities with regard to the performance of the obligations

by a third party, then to the extent that the terms and conditions stipulated by the third party

carrier, warehouseman, government department and any other such party, impose a liability,

obligation or responsibility on the Company, more onerous than those imposed by these

terms and conditions, then such provision shall not apply as between the Company and the

Client or owner and the provisions of these terms and conditions shall have precedence. In

all other instances the third party's terms and conditions shall apply.

15. GOODS REQUIRING SPECIAL ARRANGEMENTS

Except under special arrangements previously made in writing the Company will not accept

or deal with bullion, coins, banknotes, securities or other currency, precious stones,

jewellery, valuables, antiques, pictures, human remains, livestock, plants, or any goods

having special requirements as to storage, temperature, humidity or otherwise. Should the

Client nevertheless deliver such goods to the Company or cause the Company to handle or

deal with any such goods otherwise than under special arrangements previously made in

writing then the Company shall deal with the Goods in accordance with the terms set out in

Clause 4 of these terms and conditions.

16. GOODS REQUIRING PRIOR CONSENT OF THE COMPANY

16.1 The Client shall obtain in advance the Company's specific written consent to accept into its

possession or control or into the possession or control of any of its servants, sub-

contractors, agents or employees any Goods, including radio-active materials, which are or

may become perishable, dangerous, 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 harbor or attract vermin or other pests, or any

goods defined as hazardous and/or dangerous in the Tariff or rules for carriage of Transnet

Limited, or so classified in the IMDG Code or any other code or regulations of, or published

by, any other International Organization. The Client warrants that such Goods, or the case,

crate, box, drum canister, tank, flat, pallet, package or other holder or covering of such goods

will comply with any applicable laws, regulations or requirement 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 be prominently and clearly marked on the outside

cover of such Goods.

16.2If any Goods delivered to the Company, whether or not in breach of the provisions of clause

16.1, become, at the sole discretion of the Company a risk to other goods, property, life or

health, then the Company may arrange for the Goods to be destroyed, disposed of, abandoned

or rendered harmless or otherwise dealt with. Such action by the Company shall be at the

risk and expense of the Client or Owner who shall indemnify the Company accordingly. The

Company shall not be liable for any compensation to the Client 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 Client indemnifies the Company against all loss, liability or damage caused to the

Company as a result of the tender of such Goods to the Company.

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17. DISPOSAL OF GOODS

17.1 Without limiting or affecting any other terms of these terms and conditions, Goods (whether

perishable or otherwise) in the care, custody or control of the Company may at the Client's

expense be sold by private treaty or public auction or otherwise disposed of by the Company,

in its sole discretion, without notice to the Client, Owner or Consignee if -

17.1.1 such Goods have begun to deteriorate or are likely to deteriorate;

17.1.2 such Goods are insufficiently addressed or marked;

17.1.3 the Client cannot be identified; or

17.1.4 the Goods have not been collected or accepted by the Client or any other person after

the expiration of 21 days from the Company notifying the Client in writing to collect or

accept such Goods, provided that if the Company has no address for the Client such

notice period shall not be necessary, and payment or tender of the net proceeds, if any,

of the sale thereof after deduction of those charges and expenses incurred by the

Company in respect thereof shall be equivalent to delivery of such Goods.

17.2Should any amount owing by the Client to the Company in respect of any matters referred to

in clause 17.1 become due and payable and remain unpaid, or in the event that any Goods are

not accepted for delivery as provided for in Clause 18 below, the Company shall be entitled

and the Client hereby authorizes the Company and without first obtaining an order of court,

to sell all or any of the goods by public auction or on reasonable notice not exceeding 14 days

by private treaty. 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 Client's obligations to the Company in respect of such Goods

without prejudice to the Company's rights to recover from the Client any balance which may

remain owing to the Company after the exercise of such rights. Should the total amount

collected by the Company, after deducting therefrom all costs, charges and expenses

incurred by the Company in respect thereof, exceed the full amount of the Client's obligations

to the Company in respect of such goods, the Company shall be obliged to refund such excess

to the Client. In the event that the Goods are destroyed or otherwise disposed of, the Client

shall indemnify the Company against all expenses, fees and other costs incurred by the

Client.

18. THE ACCEPTANCE OF DELIVERY

18.1 If delivery of any Goods is not accepted by the Client, consignee or party nominated by the

Client at the appropriate time and place then: -

18.2

the Company shall be entitled to store the Goods or any part thereof at no risk

whatsoever to the Company and at the expense of the Client; and

18.3 the provisions of clause 17.2 shall apply mutatis mutandis.

19. WAREHOUSING Pending forwarding and/or delivery by or 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.

20. COLLECTION OF EXPENSES AND C.O.D

20.1When 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, the Client shall

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remain responsible therefore if they are not paid by such consignee or any other person

immediately when due.

20.2 If accepted by the Company, instructions to collect payment on delivery shall be subject

to the condition that the Company will be entitled to assume that the recipient will effect

payment and in regard to the collection will not be liable for any negotiable instrument which

is not met on due date for payment. Such payment is collected by the Company at the Client's

risk.

21. SUNDRY GOODS RECOGNISABLE AS THE CLIENT'S

The Company shall have no obligation to take any action in respect of any Goods which may

be recognizable as belonging to the Client unless and until it receives suitable instructions

relating to those Goods together with all necessary documents.

22. EXAMINATION OF GOODS

22.1Where it is necessary for an examination to be held or other action to be taken by the

Company in respect of any discrepancy in the Goods, no responsibility or liability 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 Client that such goods require examination

and that such a discrepancy exists.

22.2 The Company will not be responsible for examining or counting any Goods received by it

where such Goods are bundled, palletized or packed in any manner such that their number

cannot be quickly and easily counted. Should the Company undertake to examine or 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 a charge on the Client for the

counting of Goods in such circumstances.

22.3 The company shall have the right, but shall not be obliged, to examine or cause to be

examined any goods, and to enquire into the correctness or sufficiency of information or

documentation submitted in respect of such goods and the customer shall co-operate

promptly and fully with any such examination or enquiry.

23. DUTIES, TAXES, IMPOSTS, LEVIES AND DEPOSITS

The Client shall, in all instances, be liable for and make payment of 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 the Goods and

whether incurred or sustained by the Company at the time of entry and/or at any subsequent

time and the Client shall indemnify the Company for all such costs. The Company shall bear

no liability in consequence of the fact that there may be a change in the rate of duty,

wharfage, cargo dues, freight, railage or cartage or any other tariff, before or after the

performance by the Company of any act involving a less favorable rate or tariff or by virtue

of the fact that a saving might have been effected in some other way had any act been

performed at a different time.

24. RECOVERY OF DUTIES INCORRECTLY PAID

24.1

Where as a result of any act or omission by or on behalf or at the instance of the Company

and whether or not such act or omission was negligent, grossly negligent or intentional, any

SmooLink Forwarding (Pty) Ltd. Trading Agreement Ts & Cs

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