Legal-Consumer Protection Act Consumer Protection Act – Industry Alternative Dispute Resolution Scheme

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Consumer Protection Act, 68 of 2008 INTRODUCTION

The Consumer Protection Act intends to regulate the marketing of goods and services to consumers, as well as the relationships, 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 ’. 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.

DISCLOSURES REQUIRED IN TERMS OF SECTION 27 OF THE CONSUMER PROTECTION ACT, 68 OF 2008

• Full name: Maersk South Africa (Pty) Ltd • Registration Number: 1992/005770/07 • Vessel Agent Registration Certificate Number: VA 047 issued by Transnet National Authority for the of . • Vessel Agent Registration Certificate Number: VA/RCB/11 issued by Transnet National Ports Authority for the Port of Richards Bay; • Vessel Agent Registration Certificate Number: VA/NGQ014 issued by Transnet National Ports Authority for the Port of Ngqura; • Vessel Agent Registration Certificate Number: VA/PLZ017 issued by Transnet National Ports Authority for the Port of Port Elizabeth • Vessel Agent Registration Certificate Number: VA/CPT/17 issued by Transnet National Ports Authority for the Port of • Vessel Agent Registration Certificate Number: TNPA VA - SLD 005 issued by Transnet National Ports Authority for the Port of Saldanha • Vessel Agent Registration Certificate Number: VA/MSB/23 issued by Transnet National Ports Authority for the Port of Mossel Bay • Physical business address, postal address and contact details

Vessel Agent Registration Certificate Number: VA/MSB/23 Vessel Agent Registration Certificate Number: VA/RCB/11 Vessel Agent Registration Certificate Number: VA/CPT/17 Vessel Agent Registration Certificate Number: VA 047 Vessel Agent Registration Certificate Number: VA/NGQ/2013/08 Vessel Agent Registration Certificate Number: VA/PLZ 2016/17 Vessel Agent Registration Certificates – Port of Saldanha

CAPE TOWN Quay Roggebaai Place P O Box 27 4 Jetty Street Phone: +27 (21) 408 6911 Cape Town Foreshore Fax: +27 (21) 408 6682 8000 Cape Town 8000

DURBAN 6 Rosetta Road P O Box 1426 Phone: +27 (31) 336 7200 Morningside Durban Fax: +27 (31) 3011 086 Durban

EAST LONDON No 2 Epsom Road P O Box 19173 Phone: +27 (43) 813 0100 Stirling Durban Fax: +27 (43) 813 0110 5241 4000

JOHANNESBURG The Oval (West Wing) P O Box 31255 Phone: +27 (11) 277 3500 Wanderers Office Park Braamfontein Fax: +27 (11) 277 3459 52 Corlett Drive, Illovo 2017 Fax: +27 (11) 277 3462 Johannesburg, 2196

PORT ELIZABETH 2nd Floor, Harbour View Oakworth Drive P O Box 20010 Phone: +27 (41) 501 3000 Humerail Humewood Fax: +27 (41) 501 3090 Port Elizabeth 6013 6013 • Cellullar Telephone Number: +27(0)837996482 • [email protected]

Maersk South Africa (Pty) Ltd (registration number 1992/005770/07) acts as agent for Maersk Line A/S (Incorporated in Denmark) SA Reg. No: 2015/028124/10 ** Service to be rendered: General Shipping Agent In terms of the Act we include highlighted Terms and Conditions appearing on our Bill of Lading :

“Booking Cancellation Policy

Please refer to the Safmarine tariff booklet for details under the OCL / DCL charge codes.” Rules: New Jason Clause New Jason Clause Hague Rules 1924 Both to Blame Clause The Hague-Visby Rules York-Antwerp Rules The Carmack Amendment Promotion of Access to Information Act 2, of 2000 Safmarine Terms for Carriage Please take special note of the following provisions contained on the face of the Safmarine Bill of Lading for Ocean Transport or Multimodal Transport:

If the Onward inland routing box has been completed: "For account and risk of Merchant."

Regarding the particulars furnished by shipper: "Above particulars as declared by Shipper, but without responsibility of or representation by Carrier (see clause 14)". "SHIPPED, as far as ascertained by reasonable means of checking, in apparent good order and condition unless otherwise stated herein, the total number or quantity of Containers or other packages or units indicated in the box entitled "Carrier's Receipt" for carriage always subject to all Terms and Conditions hereof (INCLUDING ALL THOSE TERMS AND CONDITIONS ON THE REVERSE HEREOF AND THOSE TERMS AND CONDITIONS CONTAINED IN THE CARRIER'S APPLICABLE TARIFF) from the Place of Receipt or the Port of Loading, whichever is applicable, to the Port of Discharge or Place of Delivery, whichever is applicable. When the Place of Receipt box has been completed, any notation on this Bill of Lading of "on board", "loaded on board" or words to like effect, shall be deemed to be on board the means of transportation performing the carriage from the Place of Receipt to the Port of Lading. Where the bill of lading is non-negotiable, the Carrier may give delivery to the Goods to the named consignee upon reasonable proof of identity and without requiring surrender of an original bill of lading. Where the bill of lading is negotiable, the Merchant is obliged to surrender one original, duly endorsed, in exchange for the Goods. The Carrier accepts a duty of reasonable care to check that any such document which the Merchant surrenders as a bill of lading is genuine and original. If the Carrier complies with this duty, it will be entitled to deliver the Goods against what it reasonably believes to be a genuine and original bill of lading, such delivery discharging the Carrier's delivery obligations. In accepting this bill of lading, any local customs or privileges to the contrary notwithstanding, the Merchant agrees to be bound by all Terms and Conditions stated herein whether written, printed, stamped or incorporated on the face or reverse side hereof, as fully as if they were all signed by the Merchant. IN WITNESS WHEREOF the number of original Bills of Lading stated on this side have been signed and wherever one original Bill of Lading has been surrendered any others shall be void."

Please take special note of the following provisions contained on the face of the Safmarine Non-Negotiable Waybill: "This non-negotiable Waybill, which is issued instead of a Bill of Lading at the Merchant's request, is not a document of title to the Goods. Otherwise the contract evidenced by this Waybill is deemed to be a contract as defined in Article 1(b) of the Hague Rules. Carrier to exercise due care ensuring that delivery is made to the Consignee or his authorised representative. However, the Carrier shall not be liable for misdelivery unless caused by the Carrier's negligence. In accepting this waybill, and/or taking delivery of the Goods and notwithstanding the non-signing of this waybill by the Merchant, the Merchant expressly accepts and agrees to all terms, conditions and exceptions of the Carrier's non-negotiable Waybill (printed or not on the reverse of this document at Merchant's option and available from the Carrier or its agents and at Carrier's website indicated in the signature box below) as well as those printed, stamped or otherwise incorporated in this Waybill."

If the Onward inland routing box has been completed: "For account and risk of Merchant."

Regarding the particulars furnished by shipper: "Above particulars as declared by Shipper, but without responsibility of or representation by Carrier". "Shipped, as far as ascertained by reasonable means of checking, in apparent good order and condition unless otherwise stated herein the total number or quantity of Containers or other packages or units indicated in the box opposite entitled 'Carrier's Receipt'". The above terms are, without limitation, merely highlighting certain terms on the face of the Safmarine Bill of Lading for Ocean Transport or Multimodal Transport or the Safmarine Non-Negotiable Waybill. All bookings are subject to the terms and conditions of the Safmarine Bill of Lading for Ocean Transport or Multimodal Transport or the Safmarine Non-Negotiable Waybill."

Maersk Container Sales terms and conditions Should you wish to view any of the following agreements: Bill of Lading Sea waybill Safmarine Document Agreement - South Africa