SCHEDULE 6 – INTERNATIONAL SHIPPING POLICY

  1. Terms defined in the Agreement have the same meaning in this Schedule 6 (International Shipping Policy) unless given a different meaning in this Schedule 6.
  2. The Customer shall collect the Equipment from the Collection Address within 5 (five) days from the date on which Gallagher notifies the Customer in writing that such items are available for collection (the “Collection Date”).
  3. The Customer must arrange the loading of the Equipment and/or Goods at, and transportation of the Equipment and/or Goods from the Atrax Logistics Warehouse in Isando, Johannesburg (“Collection Address”).  
  4. The invoice number and shipment number must be sent to the Atrax Logistics team at least 24 (twenty four) hours prior to collection of the Equipment and/or Goods, as the case may be.
  5. Gallagher is not obliged to provide any Equipment to any Customer and/or process any return by the Customer until the Price is paid in full for the sale of the Equipment. 

  6.  Delivery is considered completed when the Equipment and/or Goods is made available to the Customer for collection, on the Collection Date at the Collection Address and before loading commences (“Collection”). The Customer shall take delivery of the Equipment on the Collection Date. If the Customer fails to do so, then: 

    1. with effect from 16h00 on the Collection Date, all risk of loss of, or damage to or caused by, the Equipment and/or Goods passes from Gallagher to the Customer; and
    2. the Customer shall pay,on demand,  pay Gallagher  all reasonable costs (including storage and handling costs) which Gallagher incurs as a result of that failure; and
    3. Gallagher shall be entitled to sell the Equipment and/or Goods to a third party if the Customer fails to pay the amounts set out in clause 6.2    above within 14 (fourteen) Business Days after demand. 

  7. The Customer acknowledges that its authorised representative will be present at the Collection Address on the Collection Date. To the extent that an authorised representative is not present at the Collection Address on the Collection Date, the Customer acknowledges that all information applicable to the Equipment and handover material will be given to and signed by the person authorised to collect the Equipment on its behalf, and that it is the Customer’s obligation to ensure that such information is effectively communicated to all relevant persons, as necessary. 

  8. Acceptance of Delivery by such representative shall constitute prima facie proof that the Customer has examined the Equipment and has found it to be in good condition, complete and in accordance with the specifications of the operating and maintenance manuals provided by Gallagher.  The Customer’s duly authorised representative must confirm in writing and/or sign a receipt as confirmation of the Customer’s acceptance of the Equipment and/or Goods, as the case may be.
  9. Gallagher shall have the right to make any changes to the Delivery of Equipment and/or Goods which are necessary to comply with any applicable law or safety requirement, or, which do not materially affect the nature or quality of the Equipment and/or Goods, and Gallagher shall notify the Customer in any such event. 

  10. Gallagher may, at the Customer’s request, appoint a carrier on behalf of the Customer, to transport the Equipment and/or Goods for the Customer to the destination specified by the Customer and in such event:
    1. Gallagher shall be authorised to appoint a carrier on such terms and conditions as Gallagher deems fit;
    2. the carrier appointed by Gallagher shall be deemed to be the Customer’s agent acting for and on behalf of the Customer;
    3. the Equipment and/or Goods is loaded and transported at the Customer’s risk; and
    4. the Customer is responsible for paying the carrier any amounts due, including relevant insurance cost. 

  11. Despite any other provision of the Agreement, Gallagher’s obligation to deliver the Equipment is subject to the following conditions:
    1. where Gallagher manufactures the Equipment or any part thereof, Gallagher’s ability to timeously source, from suppliers who are reasonably and commercially acceptable to it, all required materials and supplies;
    2. where the Equipment or any part thereof is purchased by Gallagher, the timeous receipt by Gallagher from its suppliers of the Equipment or any components thereof; and
    3. the receipt by Gallagher of any written Instructions within 10 days of the confirmed order.

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