www.smoolink.co.za  
woza@smoolink.co.za  
+27 11 568 3734  
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.  
SmooLink Forwarding (Pty) Ltd | Registration No: 2023/270638/07  
10240 Ext 7B, Bear Crescent Street, Orange Farm, 1841 Johannesburg, South Africa  
www.smoolink.co.za  
woza@smoolink.co.za  
+27 11 568 3734  
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  
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  
SmooLink Forwarding (Pty) Ltd | Registration No: 2023/270638/07  
10240 Ext 7B, Bear Crescent Street, Orange Farm, 1841 Johannesburg, South Africa  
www.smoolink.co.za  
woza@smoolink.co.za  
+27 11 568 3734  
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,  
SmooLink Forwarding (Pty) Ltd | Registration No: 2023/270638/07  
10240 Ext 7B, Bear Crescent Street, Orange Farm, 1841 Johannesburg, South Africa  
www.smoolink.co.za  
woza@smoolink.co.za  
+27 11 568 3734  
landslide, riot, unrest, act of God, 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 favour 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;  
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  
6.3  
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.  
SmooLink Forwarding (Pty) Ltd | Registration No: 2023/270638/07  
10240 Ext 7B, Bear Crescent Street, Orange Farm, 1841 Johannesburg, South Africa  
www.smoolink.co.za  
woza@smoolink.co.za  
+27 11 568 3734  
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, defence 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.  
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  
SmooLink Forwarding (Pty) Ltd | Registration No: 2023/270638/07  
10240 Ext 7B, Bear Crescent Street, Orange Farm, 1841 Johannesburg, South Africa  
www.smoolink.co.za  
woza@smoolink.co.za  
+27 11 568 3734  
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  
arrange for any particular goods to be carried, stored or handled separately from  
other goods.  
9.3  
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 –  
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  
SmooLink Forwarding (Pty) Ltd | Registration No: 2023/270638/07  
10240 Ext 7B, Bear Crescent Street, Orange Farm, 1841 Johannesburg, South Africa  
www.smoolink.co.za  
woza@smoolink.co.za  
+27 11 568 3734  
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 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 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 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,  
SmooLink Forwarding (Pty) Ltd | Registration No: 2023/270638/07  
10240 Ext 7B, Bear Crescent Street, Orange Farm, 1841 Johannesburg, South Africa  
www.smoolink.co.za  
woza@smoolink.co.za  
+27 11 568 3734  
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.  
10.2 The 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;  
10.2.2 any 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;  
10.2.3 it will comply with such laws as may be applicable to it;  
10.2.4 it 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;  
10.2.5 it 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;  
10.2.6 where 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;  
10.2.6.2 that the transport unit has been properly and competently loaded;  
10.2.6.3 that 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;  
10.2.6.4 that the Goods involved are suitable for carriage in or on the transport unit;  
and  
10.2.6.5 that 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.  
SmooLink Forwarding (Pty) Ltd | Registration No: 2023/270638/07  
10240 Ext 7B, Bear Crescent Street, Orange Farm, 1841 Johannesburg, South Africa  
www.smoolink.co.za  
woza@smoolink.co.za  
+27 11 568 3734  
10.2.6.6 that the goods have been sealed with seals of acceptable quality and of such  
type as may be prescribed by law.  
10.2.6.7 where 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 –  
10.2.6.7.1 that the transport unit has been properly and competently loaded; and  
10.2.6.7.2 that the goods involved are suitable for carriage in or on the transport  
unit; and  
10.2.6.7.3 that 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  
10.2.6.7.4 that 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 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  
SmooLink Forwarding (Pty) Ltd | Registration No: 2023/270638/07  
10240 Ext 7B, Bear Crescent Street, Orange Farm, 1841 Johannesburg, South Africa  
www.smoolink.co.za  
woza@smoolink.co.za  
+27 11 568 3734  
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.  
12.2 The 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.  
12.3 The 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;  
12.4.2 storage, 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;  
12.4.3 carriage 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.  
13.2 Where 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  
SmooLink Forwarding (Pty) Ltd | Registration No: 2023/270638/07  
10240 Ext 7B, Bear Crescent Street, Orange Farm, 1841 Johannesburg, South Africa  
www.smoolink.co.za  
woza@smoolink.co.za  
+27 11 568 3734  
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 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  
SmooLink Forwarding (Pty) Ltd | Registration No: 2023/270638/07  
10240 Ext 7B, Bear Crescent Street, Orange Farm, 1841 Johannesburg, South Africa  
www.smoolink.co.za  
woza@smoolink.co.za  
+27 11 568 3734  
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 harbour 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.  
16.2 If 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.  
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;  
SmooLink Forwarding (Pty) Ltd | Registration No: 2023/270638/07  
10240 Ext 7B, Bear Crescent Street, Orange Farm, 1841 Johannesburg, South Africa  
www.smoolink.co.za  
woza@smoolink.co.za  
+27 11 568 3734  
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.  
17.2 Should 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.  
SmooLink Forwarding (Pty) Ltd | Registration No: 2023/270638/07  
10240 Ext 7B, Bear Crescent Street, Orange Farm, 1841 Johannesburg, South Africa  
www.smoolink.co.za  
woza@smoolink.co.za  
+27 11 568 3734  
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  
20.1 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,  
the Client shall 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  
22.1 Where 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  
SmooLink Forwarding (Pty) Ltd | Registration No: 2023/270638/07  
10240 Ext 7B, Bear Crescent Street, Orange Farm, 1841 Johannesburg, South Africa  
www.smoolink.co.za  
woza@smoolink.co.za  
+27 11 568 3734  
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 favourable 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 duty, tax, levy, railage, wharfage, cargo dues, freight, cartage or any  
other impost or charge has been paid or levied in an incorrect amount, then any  
responsibility or liability to the Client which the Company may otherwise have will  
cease and fall away if the Client does not-  
24.1.1 within a reasonable time having regard to all the circumstances, and in  
particular to the time allowed for the recovery from the payee of the amount  
overpaid, advise the Company that an incorrect amount has been paid or levied;  
and  
24.1.2 do all such acts as are necessary to enable the Company to effect recovery of  
the amount incorrectly paid or levied.  
SmooLink Forwarding (Pty) Ltd | Registration No: 2023/270638/07  
10240 Ext 7B, Bear Crescent Street, Orange Farm, 1841 Johannesburg, South Africa  
www.smoolink.co.za  
woza@smoolink.co.za  
+27 11 568 3734  
24.2 The fact that the Client may not be aware that any such incorrect payment has been  
made shall not constitute a circumstance to be taken into account in calculating what  
is a reasonable time for the purpose of clause 24.1.1. Should any act or omission by  
the Client, whether or not such act or omission was due to ignorance on the part of  
the Client, and whether or not such ignorance was reasonable or justified in the  
circumstances, prejudice the Company's right of recovery, the Client shall be deemed  
not to have complied with the provisions of Clauses 24.1.1. and 24.1.2.  
25.PAYMENT BY THE CLIENT  
25.1 Unless otherwise specifically agreed by the Company in writing the Client shall pay to  
the Company in cash immediately upon presentation of account all sums due to the  
Company without deduction or set-off and payments shall not be withheld or deferred  
on account of any claim or counterclaim which the Client may allege.  
25.2 Payment of all amounts due to the Company shall be made:  
25.2.1 Free of exchange and any other charges at such address as the Company may  
require.  
25.2.2 In such currency as the Company may direct  
25.2.3 Without demand on the due date of payment.  
25.2.4 Any amount not paid on the respective due date for payment shall bear interest  
at 2% (two percent) per month, calculated on a daily basis and compounded  
monthly in arrears as from the date when payment of the amount became due  
and payable to date of final payment.  
25.3 All and any moneys received by the Company from the Client shall be appropriated by  
the Company in its sole and absolute discretion in respect of any undisputed  
indebtedness owing by the Client to the Company, notwithstanding that the Client  
might, when making payment, seek to appropriate the payment so made to any  
particular debt or portion of a debt.  
25.4 The Client undertakes to pay the Company Value Added Tax at the then prescribed  
rate, payable in respect of the exclusive amount reflected in any invoice.  
25.5 The Client agrees that a certificate signed by a director of the Company, whose  
appointment need not be proved, showing the amount due and owing at any given  
time, shall constitute prima facie proof of the facts therein stated and the balance  
owing for the purpose of all legal proceedings against the Client for the recovery of  
the said amount.  
SmooLink Forwarding (Pty) Ltd | Registration No: 2023/270638/07  
10240 Ext 7B, Bear Crescent Street, Orange Farm, 1841 Johannesburg, South Africa  
www.smoolink.co.za  
woza@smoolink.co.za  
+27 11 568 3734  
25.6 In the event of the Company having granted any credit terms or facilities to the Client  
in writing, which provide the Client a deferred period of time to effect payment of any  
amount due to the Company, and in the event of the Client being in default of payment  
of any one or more amount due and payable, or being in default of any other term or  
condition on which such credit facility was granted, then notwithstanding any other  
term to the contrary where-so-ever contained, the Company shall be entitled to  
immediately revoke such credit facilities and declare all amounts immediately due  
and payable and proceed for recovery of all amounts which would be due and payable  
to the Company, were it not for the credit terms or facilities granted to the Client.  
26.DEBITING FEES AND DISBURSEMENTS  
The Company shall under no circumstances 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.  
27.RISK OF ITEMS POSTED OR ELECTRONICALLY TRANSMITTED  
27.1 Subject to the provisions of clause 42, and notwithstanding any prior dealings  
between the Company and the Client all documents, cash, cheques, bank drafts or  
other remittances, sent to the Company through the post or electronically transmitted  
shall be deemed not to have been received by the Company unless and until they are  
actually received by the Company.  
27.2 In the event that any payment to the Company is effected electronically, then the  
Client bears the risk in respect of such payment until such time as the payment is  
received and cleared into the Company's bank account.  
28.QUOTATIONS & ESTIMATES  
28.1 All quotations or estimates given by the Company shall be valid for 7 (seven) calendar  
days and the company shall be entitled at any time by notice to the Client to cancel,  
amend or resile from any quotation or estimate in circumstances where it becomes  
impracticable or uneconomical for the Company to carry out the contract at the  
SmooLink Forwarding (Pty) Ltd | Registration No: 2023/270638/07  
10240 Ext 7B, Bear Crescent Street, Orange Farm, 1841 Johannesburg, South Africa  
www.smoolink.co.za  
woza@smoolink.co.za  
+27 11 568 3734  
quoted or estimated rate and the Client shall have no claim of any nature whatsoever  
against the Company for any loss that the Client might incur as a result of the  
Company cancelling, amending or resiling from the quotation or executory  
agreement.  
28.2 Without in any way limiting the provisions of clause 27.1 all quotations, estimates and  
agreements are subject to revision without notice, having regard to changes 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 limitation,  
freight, surcharges, insurance premiums, equipment rental and labour which charges  
and upward movements take place after quotation. Any revision of rates as aforesaid  
will be commensurate with the change in the currency exchange rate or the increase  
in such amounts payable. Any such increase shall, failing agreement between the  
parties, be determined by the then auditors of the Company or any other auditors  
nominated by the Company, who in such determination shall act as experts and not as  
arbitrators and whose decision shall be final and binding on the parties.  
29.NO CLAIMS AGAINST COMPANY DIRECTORS AND EMPLOYEES  
The Client undertakes that no claim shall be made against any director, servant or employee  
of the Company which imposes or attempts to impose upon him any liability in connection  
with the rendering of any services which are the subject of these terms and conditions and  
the Client hereby waives all and any such claims.  
30.CLIENT'S INSTRUCTIONS  
The Client'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  
Client in respect of any goods to be dealt with by or on behalf of or at the request of the  
Company. Instructions given by the Client shall be recognized 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. Notwithstanding any law to the  
contrary, the company shall only be deemed to have received electronic data or messages  
to the extent that they been retrieved, processed and read by the addressee of the company.  
SmooLink Forwarding (Pty) Ltd | Registration No: 2023/270638/07  
10240 Ext 7B, Bear Crescent Street, Orange Farm, 1841 Johannesburg, South Africa  
www.smoolink.co.za  
woza@smoolink.co.za  
+27 11 568 3734  
31. VARIATION OF THESE TERMS AND CONDITIONS  
No variation or addition to, or alteration or waiver of these terms and conditions shall be  
binding on the Company unless expressly recorded in writing and signed by a director of the  
Company. Any purported variation or alteration of these terms and conditions otherwise  
than as set out above shall be of no force and effect, whether such purported variation or  
alteration is written or oral, or takes place before or after receipt of these terms and  
conditions by the Client.  
32.NON WAIVER  
No waiver of any of these terms and conditions shall be binding or effectual for any purpose  
unless expressly recorded in writing and signed by or on behalf of the party giving that  
waiver. Any such waiver will be effective in a specific instance and for the purpose given. No  
failure or delay on the part of either party hereto in exercising any right, power or privilege  
hereunder will constitute or be deemed to be a waiver thereof, nor will any single or partial  
exercise of any right, power or privilege preclude any other or further exercise thereof or  
the exercise of any other right, power or privilege.  
33.GOVERNING LAW  
These terms and conditions and all agreements entered into between the Company and the  
Client pursuant thereto and on the terms thereof shall be governed in all respects by and  
shall be interpreted in accordance with the substantive laws of the Republic of South  
Africa.  
34.SUBMISSION TO JURISDICTION  
The Parties irrevocably consent and submit to the jurisdiction of the South Gauteng High  
Court of South Africa in respect of any claim, legal action or proceedings arising out of or in  
connection with these terms and conditions, or the granting of any credit, being the  
jurisdiction in which the Company’s registered office is situated, and the Client irrevocably  
submits to the non-exclusive jurisdiction of that court. The Company shall have the option  
within that jurisdiction, or any other competent jurisdiction, of proceeding either in the High  
SmooLink Forwarding (Pty) Ltd | Registration No: 2023/270638/07  
10240 Ext 7B, Bear Crescent Street, Orange Farm, 1841 Johannesburg, South Africa  
www.smoolink.co.za  
woza@smoolink.co.za  
+27 11 568 3734  
Court or in a Magistrate’s Court, notwithstanding that the amount of the claim may exceed  
the jurisdiction of that Magistrate’s Court, to which jurisdiction the Client hereby consents.  
35.BENEFIT OF DISCOUNTS  
The Company is entitled to the benefits of any discounts obtained and to retain and be paid  
all commissions, allowances and other remunerations of whatsoever nature and kind  
whether or not they are customarily retained by or paid to freight forwarders, shipping lines  
warehousemen or transporters and shall not be obliged to disclose or account to the Client,  
or any other person for any such amounts received or receivable by it.  
36.LIEN  
36.1 All Goods and documents relating to any Goods including without limitation, any Sea  
Transport Document, Holding Certificate and Import Permit [“the Documents”], as well  
as all refunds, repayments, claims and other recoveries, shall be subject to a special  
and general lien or pledge either for moneys due in respect of such Goods or for any  
other moneys due to the Company by the Client, sender, Owner, consignee, importer  
or the holder of the bill of lading or their agents, if any.  
36.2 In delivering the Goods or Documents into the custody of the Company or its agents  
for any purpose whatsoever, such delivery shall for the purposes hereof be deemed  
to be delivery of the same in pledge and as security for all amounts owed to the  
Company at that time or which become payable in the future. In the event of the  
Company utilising the services or premises of any third party for any purposes  
including the transportation or storage of any Goods or Documents, such third party  
shall be the agent of the Company for purposes of exercising the Company's right to  
retention under lien and/or pledge.  
36.3 If any moneys due to the Company are not paid within 14 days after notice has been  
given to the person from whom the moneys are due that such Goods or Documents  
are being detained, they may be sold by public auction or by private treaty 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 (if any) applied in or towards  
satisfaction of such indebtedness.  
36.4 The Client shall not be entitled to effect or allow to be effected any security in respect  
of the Goods or the Documents relating to the Goods, including without limitation, any  
SmooLink Forwarding (Pty) Ltd | Registration No: 2023/270638/07  
10240 Ext 7B, Bear Crescent Street, Orange Farm, 1841 Johannesburg, South Africa  
www.smoolink.co.za  
woza@smoolink.co.za  
+27 11 568 3734  
general or special notarial bond, pledge, hypothec, right of retention, or lien and  
pledge, without the prior written consent of the Company. The lien and pledge and  
right of retention in favour of the Company referred to above in Clauses 35.1 and 35.2,  
shall operate as a first and prior change against the Goods and the Documents and no  
other security shall rank prior to the Company's lien, pledge or right of retention or  
lien.  
37.INDEMNITY BY THE CLIENT  
37.1 Without prejudice to any of the Company's rights and securities under these terms  
and conditions, the Client indemnifies and holds harmless the Company against all  
liabilities, damages, costs and expenses whatsoever incurred or suffered by the  
Company arising directly or indirectly from or in connection with the Client's express  
or implied instructions or their implementation by or on behalf of or at the instance of  
the Company in relation to any Goods and in particular, but without limitation of the  
aforegoing, in respect of any liability whatsoever which may be incurred-  
37.2 arising from the failure of any warranty given to the Company in respect of the Goods  
being true and correct; and/or  
37.3 to any hauler, carrier, warehouseman or other person whatsoever at any time  
involved with such Goods arising out of any claim made directly or indirectly against  
any such person by the Client or by any consignor, consignee or Owner of such goods  
or by any person having an interest in such Goods or by any other person whatsoever;  
and/or  
37.4 to any Owner or consignee of such goods who is not the Client of the Company where  
the Company performs the service of a de-consolidation agent, or any other service;  
and/or  
37.5 to any carrier of the Goods if the Company is the consignor or consignee of the Goods;  
and/or  
37.6 in respect of any goods referred to in Clauses 15 and 16, in terms of any applicable  
law, as a result of the company acting on behalf of the customer; and/or  
37.7 as a result of a breach of any warranty referred to in clause 10.  
37.7.1 Notwithstanding that the Company may seek recovery of any amount due to it,  
from any person other than the Client, the Client shall remain liable to make  
payment of the said amount to the Company upon demand, at any stage.  
SmooLink Forwarding (Pty) Ltd | Registration No: 2023/270638/07  
10240 Ext 7B, Bear Crescent Street, Orange Farm, 1841 Johannesburg, South Africa  
www.smoolink.co.za  
woza@smoolink.co.za  
+27 11 568 3734  
38.GENERAL AVERAGE  
The customer indemnifies and holds harmless the company in respect of any claims of a  
general average nature which may be made against the company and the customer shall  
provide such security as may be required by the company in this connection.  
39.COMPANY'S LIMITATION OF LIABILITY  
39.1 Subject to the provisions of clause 39.2 and clause 40, the company shall not be liable  
for any claim of whatsoever nature (whether in contract or in delict) and whether for  
damages or otherwise, howsoever arising, unless – a) such claim arises from a  
grossly negligent act or grossly negligent omission on the part of the company or its  
servants; and b) if the claim relates to the loss of, damage to or delay in the handling  
of goods, such claim in addition arises at a time when the goods in question are in the  
actual custody of the company and under its actual control.  
39.2 Notwithstanding anything to the contrary contained in these trading terms and  
conditions, the company shall not be liable for any indirect and consequential loss  
arising from any act or omission or statement or advice by the company, its agents,  
servants or nominees, whether negligent or otherwise.  
39.3 In the event that the Company is found liable to the Customer and/or owner, despite  
the operation of Clause 4.1 to 4.3 above then it is agreed that the Company’s liability  
shall not exceed ZAR 20 000,00 (Twenty Thousand South African Rand) for any one  
incident or occurrence, or the INCOTERM 2020 CIF, or similar value of the goods, or  
the reasonable cost of the repair of the damaged goods, whichever is the lesser.  
39.4 Any claim against the Company must be instituted within 6 (six) months after the  
cause of action arose, failing which, the claim shall be deemed to have lapsed  
irrevocably.  
40.BREACH  
40.1 If the Company breaches any of these terms and conditions or any agreement  
between it and the Client and fails to remedy such breach within 30 (thirty) days of the  
date of receipt of written notice requiring it to do so then the Client shall be entitled to  
compel performance by the Company of the obligations it has defaulted in, but shall  
SmooLink Forwarding (Pty) Ltd | Registration No: 2023/270638/07  
10240 Ext 7B, Bear Crescent Street, Orange Farm, 1841 Johannesburg, South Africa  
www.smoolink.co.za  
woza@smoolink.co.za  
+27 11 568 3734  
not be entitled to cancel these terms and conditions or any agreement between the  
Client and the Company.  
40.2 No provision in these terms and conditions shall derogate from the Company's  
common law rights in the event that the Client breaches any term or condition of the  
agreement.  
40.3 The Company shall be entitled to cancel any agreement between it and the Client by  
written notice if –  
40.4 The Client commits any breach of its obligations under the agreement and fails to  
remedy that breach within 30 (thirty) days of its being given written notice to do so;  
40.5 The Client commits any act of insolvency in terms of any applicable Insolvency  
Legislation;  
40.6 The Client is deemed to be unable to pay its debts in terms of any deeming provision  
of any applicable legislation relating to Companies or Insolvency;  
40.7 The Client compromises or attempts to compromise with its creditors;  
40.8 Any provisional or final order is granted for the sequestration, winding up, bankruptcy  
or judicial management, of the client, or any equivalent order is made in terms of any  
applicable law with regard to the status of the Client;  
40.9 The Client fails to satisfy any default or other judgement granted against it, within 30  
(thirty) days.  
41. WARRANTIES AND REPRESENTATIONS BY THE COMPANY  
41.1 The Company makes no warranties and representations to the Client save as may be  
specifically provided herein or as notified in writing by the Company to the Client from  
time to time. The Client acknowledges that the Company is not in any way bound by  
any oral statement, representation, guarantee, promise, undertaking, inducement or  
otherwise which may have been made at any time by any salesman, employee,  
representative or any person acting or purporting to act for or on behalf of the  
Company, whether negligently or otherwise unless such statements, representations,  
guarantees, promises, undertakings, warranties or inducements are supplied or made  
in writing by an employee duly authorized by written resolution of the board of  
directors of the Company in response to a written enquiry specifying accurately and in  
complete detail what information is required.  
42.TIME FOR PERFORMANCE BY THE CLIENT  
SmooLink Forwarding (Pty) Ltd | Registration No: 2023/270638/07  
10240 Ext 7B, Bear Crescent Street, Orange Farm, 1841 Johannesburg, South Africa  
www.smoolink.co.za  
woza@smoolink.co.za  
+27 11 568 3734  
Time is of the essence for the performance by the Client of all obligations owed to the  
Company in terms of any agreement with it governed by these terms and conditions.  
43.SEVERABILITY  
If any provision of these terms and conditions is unenforceable, then the Company shall be  
entitled to elect (which election may be made at any time) 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.  
44.NOTICES  
All notices in terms of these terms and conditions shall be given in writing and delivered by  
hand or sent by telefax. The Client appoints as his/her/its domicilium citandi et executandi  
for all purposes under these terms and conditions its physical address and telefax number  
provided by the Client to the Company on any letterhead, order or other document  
generated or completed by the Client.  
45.SPECIAL CONDITIONS RELATED TO ELECTRONIC DATA  
45.1 Notwithstanding the provisions of any legislation or other law regulating electronic  
communications and transactions, the Company shall only be deemed to have  
received electronic data and/or messages when such electronic data and/or  
messages have been retrieved, processed and read by the addressee.  
45.2 Under no circumstances whatsoever and howsoever arising (including negligence on  
the part of the Company or its employees) shall the Company be liable for any loss or  
damage arising from or consequent upon the provision by the Company to the Client  
in whatever manner and/or form, of incorrect information, including electronically  
communicated information or data, where such incorrect information or data has  
been generated by and provided to the Company by any person with whom the  
Company conducts business, and/or any other third party.  
45.3 The Company shall furthermore under no circumstances whatsoever be liable for any  
loss or damage arising from or consequent upon any failure and/or malfunction, for  
whatever reason, and regardless of negligence in whatever degree on the part of the  
Company, of the Company's computer systems and/or software programmes,  
SmooLink Forwarding (Pty) Ltd | Registration No: 2023/270638/07  
10240 Ext 7B, Bear Crescent Street, Orange Farm, 1841 Johannesburg, South Africa  
www.smoolink.co.za  
woza@smoolink.co.za  
+27 11 568 3734  
provided and/or operated by the Company and/or by any person with whom the  
Company conducts business, and/or any third party, and which systems shall include  
the Company's electronic automated information service provided to its Clients.  
46.COMPLIANCE WITH POPI  
46.1 The Parties acknowledge their respective obligations to comply with the substantive  
provisions of the Protection of Personal Information Act, 4 of 2013 (hereinafter  
referred to as ‘POPI’).  
46.2 Where any party receives any personal information as defined in POPI, it shall ensure  
that it fully complies with the provisions of POPI and only deal with the personal  
information to fulfil its obligations under these terms and conditions. The personal  
information received shall not be further processed or disclosed without the consent  
of the disclosing party.  
46.3 Each party therefore understands and agrees, notwithstanding any contrary provision  
in any other agreement between the parties, that each party retains its full rights to  
pursue legal or equitable remedies in the event of any breach or threatened breach of  
the provisions in relation to POPI, and may prevent the other party, any of its agents  
or subcontractors, or any third party who has received records from that party from  
violating these terms and conditions by any legal means available. Each party further  
understands that violation of the provisions in relation to POPI may subject that party  
to applicable legal penalties, including those provided under POPI.  
46.4 Within thirty (30) days after the termination of these terms and conditions, for  
whatever reason, the receiving party of either party`s personal information shall  
return same or at the discretion of the disclosing party of such personal information,  
destroy such personal information, and shall not retain copies, samples or excerpts  
thereof.  
46.5 In cases where the disclosing party has elected for the personal information to be  
destroyed, as provided for in clause 46.4 above, the receiving party shall, within ten  
(10) days of receiving the instruction to destroy the personal information, send an  
affidavit confirming the destruction of personal information.  
SmooLink Forwarding (Pty) Ltd | Registration No: 2023/270638/07  
10240 Ext 7B, Bear Crescent Street, Orange Farm, 1841 Johannesburg, South Africa