TERMS & CONDITIONS

INTERCROSS MANAGEMENT (PTY) LTD
Freight Forwarding • Customs • Project Cargo • Logistics Solutions

These General Terms & Conditions govern all services provided by Intercross Management (Pty) Ltd (“Intercross”). By requesting a quotation, accepting a quotation, issuing an instruction, placing cargo under the control of Intercross or otherwise using the services of Intercross, the customer acknowledges and accepts these Terms & Conditions, subject always to applicable law.

1. APPLICATION

These Terms & Conditions apply to all services performed or arranged by Intercross, including but not limited to freight forwarding, carriage, consolidation, customs clearance, storage, warehousing, handling, packing, crating, loading, distribution, project cargo, project logistics, abnormal transport and ancillary or advisory services.

All quotations, bookings and services supplied by Intercross are subject to these Terms & Conditions.

These Terms & Conditions shall prevail over any conflicting terms or conditions submitted by the customer unless such alternative terms have been expressly accepted in writing by an authorised representative of Intercross.

2. CUSTOMER INSTRUCTIONS & INFORMATION

The customer shall provide Intercross with complete, accurate and timely instructions and all information reasonably necessary to arrange or perform the required services.

This includes, where applicable:

• Description and classification of the cargo
• Cargo value
• Number and type of packages
• Gross and net weight
• Dimensions
• Packing details
• Shipper and consignee details
• Collection and delivery addresses
• Required mode of transport
• Customs instructions
• Special handling requirements
• Dangerous or hazardous goods information
• Temperature requirements
• Abnormal or oversized cargo information
• Permits, licences and supporting documentation

The customer warrants that all information and documentation supplied to Intercross is complete and accurate.

The customer shall be responsible for losses, delays, penalties, additional charges or expenses arising from incorrect, incomplete, misleading or late information or documentation supplied by the customer or on its behalf.

This reflects the information obligations already contained in Intercross’s existing conditions.

3. INTERCROSS AS FREIGHT FORWARDER

Unless expressly agreed otherwise in writing, Intercross acts as a freight forwarder arranging logistics services on behalf of the customer.

Intercross may, at its reasonable discretion, select the means, route and method of transport and appoint shipping lines, airlines, road carriers, warehouse operators, terminals, stevedores, surveyors, clearing agents, freight forwarders and other subcontractors necessary to perform the services.

Intercross shall not be responsible for the acts or omissions of independent third parties unless Intercross failed to exercise reasonable care in their selection or instruction.

Where Intercross expressly undertakes carriage itself or performs services using its own facilities or employees, its liability shall be determined in accordance with these Terms & Conditions and applicable law.

4. DELIVERY HINDRANCES & CIRCUMSTANCES BEYOND OUR CONTROL

Where performance of a service becomes impossible, unsafe, commercially impracticable or materially affected by circumstances beyond the reasonable control of Intercross, Intercross may suspend, alter or discontinue the affected service.

Such circumstances may include, without limitation:

• Port or terminal congestion
• Vessel or aircraft delays
• Carrier schedule changes
• Port closures
• Customs interventions
• Government actions
• Inspections
• Strikes or industrial action
• Civil unrest
• War or hostilities
• Natural disasters
• Severe weather
• Road closures
• Equipment breakdown
• Security incidents
• Changes in regulations
• Carrier restrictions
• Conditions affecting the cargo

Where reasonably possible, Intercross may make the cargo available at a safe and appropriate location.

The customer shall remain responsible for freight, charges and reasonable additional costs incurred as a result of such circumstances.

Your original terms similarly allow Intercross to deal with circumstances or hindrances outside its fault or control.

5. CARGO INSURANCE – IMPORTANT

Cargo is NOT automatically insured by Intercross.

Intercross is not an insurer and does not accept responsibility for providing cargo, marine, transit, warehouse or other insurance unless the customer specifically requests such insurance in writing and Intercross subsequently confirms in writing that the requested insurance has been arranged.

Unless such written confirmation has been provided, the customer remains responsible for arranging and maintaining adequate insurance for its cargo and associated risks.

Where Intercross agrees to arrange insurance, Intercross does so as an intermediary and the insurance shall be subject to the terms, conditions, exclusions, limits, deductibles and claims procedures imposed by the insurer or underwriter.

Intercross does not warrant that insurance requested by the customer will cover every possible loss or circumstance.

The customer is responsible for reviewing the insurance terms and ensuring that the level and scope of cover are adequate for its requirements.

Intercross shall not be liable merely because cargo was uninsured or insufficiently insured where insurance was not specifically requested and confirmed in writing.

Your existing terms expressly state that insurance is arranged only following written instruction and that Intercross otherwise has no obligation to effect separate insurance.

6. LIMITATION & EXCLUSION OF LIABILITY

To the fullest extent permitted by applicable law, Intercross shall not be liable for loss, damage, delay, expense or additional cost resulting from circumstances outside its reasonable control.

Without limiting the generality of the above, Intercross shall not be liable for:

• Loss or damage occurring while goods are not in the actual custody or control of Intercross
• Acts or omissions of independent carriers, shipping lines, airlines, hauliers, terminals, warehouses, ports, stevedores or other third parties
• Undeclared valuable, dangerous or hazardous goods
• Delay unless liability for delay has expressly been accepted in writing
• Indirect or consequential losses
• Loss of profit
• Loss of market
• Loss of production
• Business interruption
• Contractual penalties or fines imposed upon the customer
• Inherent vice or the natural characteristics of the goods
• Insufficient or defective packing
• Incorrect or insufficient markings
• Improper stowage not performed by Intercross
• Loading or unloading not performed by Intercross
• Customs or governmental intervention
• Port congestion or carrier schedule changes
• War, rebellion, civil unrest or governmental action
• Natural disasters or events beyond Intercross’s reasonable control.

Nothing in these Terms & Conditions shall exclude or limit liability where such exclusion or limitation is prohibited by applicable law.

The original Intercross conditions already contain substantially similar exclusions, including consequential loss, defective packing, delay, inherent vice and circumstances that Intercross could not avoid.

7. PACKING, CRATING, MARKING & CARGO CONDITION

Unless Intercross has expressly undertaken responsibility for packing, crating, securing or marking cargo, the customer remains responsible for ensuring that the cargo is properly and adequately packed, protected, secured and marked for the intended transport method and destination.

Packaging must be suitable for the nature, weight, dimensions and characteristics of the cargo and the anticipated handling and transport conditions.

Where timber packaging is required for international transport, the customer shall ensure compliance with applicable ISPM 15 requirements unless Intercross has expressly undertaken responsibility for providing compliant packaging.

Intercross shall not be liable for loss or damage caused by defective, insufficient or unsuitable packaging, marking, securing or stowage where such work was not performed by Intercross.

8. DANGEROUS, HAZARDOUS & SPECIAL CARGO

Dangerous, hazardous, valuable, temperature-controlled, fragile, oversized, abnormal or otherwise specialised cargo must be fully declared to Intercross in writing before booking.

The customer is responsible for providing all required classifications, Safety Data Sheets, declarations, permits, licences and other documentation.

The customer shall be responsible for costs, penalties, losses or delays arising from failure to correctly declare such cargo.

Intercross reserves the right to refuse cargo that presents an unacceptable safety, regulatory, operational or commercial risk.

9. PROJECT CARGO & ABNORMAL TRANSPORT

Project cargo, heavy lift and abnormal transport services may require route surveys, permits, escorts, engineering studies, crane studies, lifting plans, specialised equipment, port approvals or other third-party services.

All such services are subject to operational feasibility, regulatory approval and equipment availability.

Route studies, drawings, measurements and planning information are based on information reasonably available at the time and may require amendment where actual site, road, port or cargo conditions differ.

Additional costs arising from changed conditions, authority requirements, delays or information not disclosed before quotation may be charged to the customer.

10. CUSTOMS CLEARANCE

The customer warrants that all customs information, tariff information, values, origin information, permits and supporting documents supplied to Intercross are complete and accurate.

Intercross may prepare and submit customs declarations based on information supplied by the customer but shall not be responsible for incorrect information originating from the customer, shipper, supplier or another third party.

Customs authorities retain the right to inspect, query, detain, reclassify or otherwise deal with cargo in accordance with applicable law.

Unless expressly included in writing, duties, taxes, penalties, inspections, examinations and associated charges are for the customer’s account.

11. TRANSIT TIMES & DELAYS

All sailing schedules, flight schedules, transit times, collection dates and delivery dates are estimates unless Intercross has expressly provided a written guarantee.

Schedules may change without notice due to carriers, ports, terminals, customs authorities, weather, congestion or other operational circumstances.

Intercross shall not be liable for losses resulting from delay unless liability has expressly been accepted in writing or cannot lawfully be excluded.

12. DEMURRAGE, DETENTION, STORAGE & ADDITIONAL CHARGES

Unless expressly included in a quotation, the customer shall be responsible for charges arising during the shipment including, where applicable:

• Demurrage
• Detention
• Port storage
• Terminal storage
• Customs examinations
• Customs inspections
• Scanner charges
• Additional handling
• Waiting time
• Redelivery
• Failed collections or deliveries
• Additional transport
• Duties and taxes
• Government charges
• Carrier penalties
• Port or terminal charges
• Other unforeseen third-party costs

Intercross may recover such amounts from the customer where they are incurred in connection with the customer’s cargo or instructions.

13. PAYMENT

All invoices shall be payable according to the payment or credit terms agreed with Intercross.

Amounts due to Intercross shall be paid without deduction, withholding, deferment, counterclaim or set-off, except where otherwise required by applicable law.

The customer shall be responsible for reasonable collection and legal costs incurred by Intercross in recovering overdue amounts to the extent permitted by law.

Intercross reserves the right to suspend further services or withhold release of cargo or documents where amounts lawfully due remain unpaid, subject to applicable law and the lien provisions below.

14. GENERAL LIEN & RIGHT OF RETENTION

To the fullest extent permitted by South African law, Intercross shall have a general lien and right of retention over goods, cargo and documents relating thereto which are in the possession or lawful control of Intercross for amounts due or owing to Intercross by the customer.

Such amounts may include, where applicable:

• Freight charges
• Transport charges
• Customs charges
• Duties and taxes advanced on behalf of the customer
• Storage
• Demurrage
• Detention
• Handling charges
• Warehousing charges
• Packing and crating charges
• Project cargo expenses
• Third-party disbursements
• Recovery costs
• Other amounts lawfully due to Intercross.

Intercross may retain possession or control of cargo and/or related documents until amounts secured by the lien have been paid or adequate security acceptable to Intercross has been provided.

Subject to applicable South African law and any legal process or notice that may be required, Intercross may take reasonable steps to enforce its lien and recover amounts lawfully due.

The existence of a lien shall not prevent Intercross from pursuing any other lawful remedy available for recovery of amounts owing.

Your existing Terms & Conditions already grant Intercross a general lien over goods and related documents for amounts owing, including storage and recovery costs.

15. CUSTOMER INDEMNITY

To the extent permitted by law, the customer shall indemnify Intercross against reasonable claims, liabilities, penalties, costs and expenses incurred as a direct result of:

• Incorrect or incomplete information supplied by the customer
• Undeclared dangerous or hazardous cargo
• Incorrect customs declarations resulting from information supplied by the customer
• Defective packaging supplied or arranged by the customer
• The customer’s breach of applicable laws or regulations
• The customer’s breach of these Terms & Conditions.

This indemnity shall not apply to the extent that the relevant loss was caused by Intercross’s own conduct for which liability cannot lawfully be excluded.

16. INSPECTION & CLAIMS

The consignee should inspect cargo immediately upon delivery and record any visible loss, shortage or damage on the delivery documentation where reasonably possible.

Any apparent loss or damage should be reported to Intercross immediately in writing.

Any loss or damage not reasonably apparent upon delivery should be reported in writing as soon as discovered and within the applicable contractual, carrier, insurer or statutory time limit.

Claims should include all reasonably available supporting documentation, including commercial invoices, packing lists, delivery documents, photographs and evidence of the claimed loss.

The original Intercross terms require apparent discrepancies to be reported immediately and contain notification periods for non-apparent irregularities and delay claims.

17. TIME BAR

Any claim against Intercross shall be subject to the time limits imposed by applicable law, applicable international convention, carrier terms and any valid contractual limitation applicable to the relevant service.

Nothing in these Terms & Conditions is intended to shorten a mandatory statutory limitation period where such shortening is prohibited by law.

18. THIRD-PARTY TERMS & CONDITIONS

Services arranged through shipping lines, airlines, road carriers, terminals, warehouses and other service providers may additionally be subject to the terms, tariffs, bills of lading, air waybills or conditions of those service providers.

Where applicable, those third-party conditions may contain separate limitations of liability, claim notification requirements and time bars.

19. QUOTATIONS

Unless otherwise stated, quotations are based on information supplied by the customer and rates available at the time of quotation.

Quotations may be subject to:

• Carrier rate changes
• Currency fluctuations
• Fuel surcharges
• Peak season surcharges
• General rate increases
• Port and terminal increases
• Government charges
• Changes in cargo dimensions or weight
• Changes in routing
• Equipment availability
• Space availability.

Additional services not included in the quotation shall be charged separately.

20. SEVERABILITY

If any provision of these Terms & Conditions is found to be invalid, unlawful or unenforceable, that provision shall, to the extent necessary, be treated as severable without affecting the validity or enforceability of the remaining provisions.

This principle is also contained in the existing Intercross Terms & Conditions.

21. GOVERNING LAW & JURISDICTION

These Terms & Conditions and the legal relationship between Intercross and the customer shall be governed by and construed in accordance with the laws of the Republic of South Africa.

Subject to applicable law, disputes arising from the services provided by Intercross shall fall within the jurisdiction of the courts of the Republic of South Africa.

This retains the governing-law position in your existing Terms & Conditions.

22. ACCEPTANCE OF TERMS

By requesting a quotation, accepting a quotation, issuing shipping or logistics instructions, delivering cargo to Intercross or its appointed service provider, or otherwise instructing Intercross to proceed with services, the customer acknowledges that it has had reasonable access to these Terms & Conditions and agrees that the services are provided subject to them, to the extent permitted by applicable law.

INTERCROSS MANAGEMENT (PTY) LTD
South Africa

International Freight Forwarding • Customs Clearance • Project Cargo • Project Management • Warehousing • Packing & Crating • Logistics Solutions

Your cargo is never just another shipment.