The contents of this site are for general purposes only. Some of the material on this site may have been prepared some time ago and may not reflect the latest information. Whilst we endeavour to ensure that the information provided is up-to-date and correct, no warranty, express or implied, is given as to its accuracy and we do not accept any liability for error, inaccuracy or omission.
We shall not be liable for any damage (including, without limitation, damage for loss of business or loss of profits or any consequential losses) arising in contract, tort or otherwise from the use of, or inability to use, this site or any material contained in it, or from any action or decision taken as a result of using this site or any such material provided on this website.
All rights relating to the design and contents of this website always remain with Cosren Shipping Agency (Pty) Ltd. Copying and downloading the website or parts of it is permitted for private use by the user only in so far as we do not request the user to act differently (for example, download specific forms or information). In any case copying or other usage for commercial purposes, particularly passing on for payment, is not permitted.
Where we refer via links or hyperlinks to other websites or web pages, we assume no liability or responsibility for the content of these pages. The references are made solely for non-binding information- or advertising purposes.
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CONSUMER PROTECTION ACT, 68 OF 2008
Consumer Protection Act
The Consumer Protection Act (“CPA”) aims 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 South Africa’.
COMPLIANCE IN TERMS OF SECTION 27 AND 49 OF THE CONSUMER PROTECTION ACT:
Cosren Shipping Agency makes the following disclosure and information available to the consumer:
- Full name: Cosren Shipping Agency (Pty) Ltd
- Company Registration Number: 1919/ 005869/ 07
- Services to be rendered: General shipping and vessel agent.
- Cosren Shipping Agency (Pty) Ltd acts as agent for COSCO Container Lines Co Ltd, and provides the services of port and vessel agents.
- Public Officer: Nelson Cheng (Legal Counsel) | email@example.com | 082 294 7376
Vessel agent certificates:
- Vessel Agent Registration Certificate Number: VA 051 issued by TNPA for the Port of Durban.
- Vessel Agent Registration Certificate Number: VA/CPT/68 issued by TNPA for the Port of Cape Town
Office locations and details:
DURBAN (Head office)
29th Floor, Old Mutual Centre,
303 Dr Pixley Kaseme (West) Street, Durban,
South Africa Tel: +27 31 307 3092
Fax: +27 86 297 2701
PO BOX 2557
21st Floor, No 1 Thibualt Square, Long Street,
South Africa Tel: +27 21 418 0690
Fax: +27 86 297 2703
PO Box 6635,
3rd Floor, Bedford Centre,
Cnr Smith and Bradford Road, Bedford Gardens, Bedfordview,
South Africa Tel: +27 11 622 5658
Fax: +27 11 622 3057
PO Box 6635,
The following clauses from the COSCO Container Lines Bill of Lading terms and conditions on the reverse side of the bill are specifically brought to the attention of the consumer:
"Carrier" means COSCO container lines company limited.
"Merchant" includes the consignor, the shipper, the receiver, the consignee, the owner of the Goods, the lawful holder or endorsee of this Bill of Lading, or any other person having any present or future interest in the Goods or this Bill of Lading, or anyone authorized to act on behalf of any of the foregoing.
"Vessel", where the context so admits, includes the Vessel named in Box 6 of this Bill of Lading or any substitute therefor, and any feeder vessel, lighter or barge used by or on behalf of the Carrier in connection with any seaborne leg of the carriage.
"Sub-contractor" includes owners and operators of vessels (other than the Carrier), stevedores, terminal, warehouse, depot and groupage operators, road and rail transport operators and any independent contractor employed by the Carrier in the performance of the carriage and any sub-sub-contractor thereof. The expression Sub-contractor shall include direct and indirect Sub-contractors and their respective servants, agents or Sub-contractors.
"Goods" means the whole or any part of the cargo received from the Merchant and includes any Container not supplied by or on behalf of the Carrier.
"Package" means each Container which is stuffed and sealed by or on behalf of the Merchant, and not the items packed in such Container if the number of such items is not indicated on the front of this Bill of Lading or is indicated by the terms such as “Said to Contain” or similar expressions.
"Shipping Unit" means any physical unit of cargo not shipped in a package, including machinery, vehicles and boats, except goods shipped in bulk.
"Container" includes any Container, open top, trailer, transportable tank, flat rack, platform, pallet, and any other equipment or device used for or in connection with the transportation of the Goods.
3. SUB-CONTRACTING, INDEMNITY AND CERTAIN DEFENSES, EXEMPTIONS AND LIMITATIONS
(1) The Carrier shall have the right at any time and on any terms whatsoever to sub-contract the whole or any part of the carriage with any Sub-contractor and/or to substitute any other vessel or means of transport for the Vessel.
(2) The Merchant undertakes that no claim or legal action whatsoever shall be made or brought against any person by whom the carriage is performed or undertaken (including, but not limited to, the Carrier's servants, agents or Sub-contractors), other than the Carrier, which imposes or attempts to impose upon any such person, or any vessel owned or operated by such person, any liability whatsoever in connection with the Goods or the carriage thereof whether or not arising out of negligence on the part of such person. Should any such claim or legal action nevertheless be made or brought, the Merchant undertakes to indemnify the Carrier against all consequences thereof including legal expenses on a full indemnity basis. Without prejudice to the foregoing, every such person or vessel, including, but not limited to, the Carrier's servants, agents, or Sub-contractors as defined in Clause 1 above, shall have the benefit of every exemption, defense and limitation herein contained applicable to the Carrier, in contract or in tort, as if such provision were expressly contracted for its benefit, and, in entering into this contract, the Carrier, to the extent of such exemptions, defenses and limitations, does so not only on its behalf, but also as an agent and trustee for such person or vessel.
5. NOTICE OF CLAIM AND TIME BAR
(1) Unless notice of loss or damage is given in writing to the Carrier's agent at the Port of Discharge or Place of Delivery before or on the date of delivery of the Goods, or if loss or damage is not apparent, within 15 consecutive days thereafter, such delivery shall be prima facie evidence of the delivery of the Goods by the Carrier and/or on-carrier in the order and condition described in this Bill of Lading.
(2) The Carrier, its servants, agents and Sub-contractors shall be discharged from all liabilities whatsoever unless suit is brought within one year after the delivery of the Goods or the date when the Goods should have been delivered.
7. LIMITATION OF LIABILITY
(1) Except as provided for in Clause 7(2), this Bill of Lading shall be subject to the provisions of the Maritime Code of the People's Republic of China as provided for in Clause 26(1). Neither the Carrier, its servants, agents, Sub-contractors nor the Vessel shall in any event be liable for any loss or damage to the Goods in any amount exceeding the limits per package or unit prescribed by that Code, unless the nature and value of the Goods have been declared by the Merchant before shipment and inserted in this Bill of Lading (Box 10) and the Merchant has paid additional Freight on such declared value.
(2) Where carriage includes carriage to or from or through a port or place in the United States of America, this Bill of Lading shall be subject to the provisions of the United States Carriage of Goods by Sea Act, 1936 (US COGSA) and any amendments thereto, as provided for in Clause 26(2) hereof. In such event, neither the Carriers nor its servants, agents, Sub-contractors and/or the Vessel shall in any event be liable for any loss of or damage to the Goods in an amount exceeding the limits per package or unit prescribed by US COGSA, unless the nature and value of the Goods have been declared by the Merchant before shipment and inserted in this Bill of Lading (Box 10) and the Merchant has paid additional Freight on such declared value.
(3) If a legal regime other than the Maritime Code of the People’s Republic of China or US COGSA is compulsorily applied to this Bill of Lading, the liability of the Carrier, if any, shall not exceed the limits per Package or Shipping Unit prescribed therein, unless the nature and value of the Goods have been declared by the Merchant and inserted in this Bill of Lading (Box 10) and the Merchant has paid additional Freight on such declared value.
(4) For the purpose of this Clause 7, the declared value shall be the basis for calculating the Carrier’s liability, if any, provided that such declared value shall not be conclusive on the Carrier, and further provided that such declared value does not exceed the true value of the Goods at destination. Any partial loss or damage shall be adjusted pro-rata on the basis of such declared value.
The Carrier shall have a lien on the Goods and any documents relating thereto for Freight, dead Freight, demurrage, detention, and for any expenses incurred by the Carrier for recoopering, repacking, remarking, fumigation or required disposal of faulty Goods, for General Average contributions to whomsoever due, for fines, dues, tolls, land Freight, or commissions paid or advanced by the Carrier on behalf of the Goods, for any sums including salvage payable to the Carrier under this Bill of Lading and for legal expenses incurred because of any attachment or other legal proceedings brought against the Goods by governmental Authorities or any person claiming an interest in the Goods. The Carrier’s lien shall survive discharge or delivery of the Goods and the Carrier shall have the right to enforce such lien by public auction or private sale in its discretion. Shoud the proceeds of sale fail to cover the amount due, including expenses incurred, the Carrier shall be entitled to recover the balance from the Merchant. Should such proceeds exceed the amount due, the balance shall be returned to the Merchant.
The following clauses from Cosren Shipping Agency’s standard terms and conditions are specifically brought to the attention of the consumer:
PART D: WARRANTIES. INDEMNITIES AND LIABILITY
24. GUARANTIES BY THE CUSTOMER
24.1 The Customer warrants that:
(1) It is either the Owner of the Goods or the authorised agent of the Owner of any Goods in respect of which the Customer instructs the Company;
(2) It has read and understood the contents of this document and is duly authorised to agree to these Trading Terms and Conditions on behalf of any person or company that it represents and bind them to the terms thereof;
(3) All information and instructions provided to the Company or any other party in respect of the Goods, including weights, marks, measurements, numbers, brands, contents, quality, quantity, descriptions, dangerous Goods classifications (if any) will be provided timeously and is/ are accurate, correct, comprehensive, not misleading and no pertinent information has been withheld;
(4) That the Goods concerned are suitable for the type and mode of carriage contemplated in or on the transport device concerned, are or will be securely lashed, and the transport device is in a proper condition to carry the Goods safely and complies with the requirements of all relevant transport authorities and Carriers;
(5) The Goods are accompanied by all necessary completed documents, save to the extent that the Company has undertaken to prepare or procure this, failing which the Company shall be entitled to withhold shipping or delivery until these documents have been provided;
(6) The Customer warrants that its annual turnover exceeds the thresholds contained in the National Credit Act 34 of 2005, as amended from to time to time, and accepts that the provisions of this Act do not apply to any services rendered by the Company;
(7) The Customer warrants that it has the requisite international Maritime Dangerous Goods Code (IMDG) certification to handle hazardous or dangerous Goods where applicable.
25. GENERAL INDEMNITIES BY THE CUSTOMER
25.1 Without prejudice to any of the Company’s rights and securities under these Trading Terms and Conditions, the Customer indemnifies and holds harmless the Company against all claims, liability, loss, damage, costs (including all legal costs on an attorney and own client scale incurred by the Company in defending itself against any claim or pursuit of a recovery action) and expenses incurred or suffered directly or indirectly by the Company, including pure economic loss and whether arising in contract or delict, either directly or indirectly from any:
(1) breach of any warranty or failure to abide by any procedures contained in these Trading Terms and Conditions;
(2) express or implied instructions from the Customer to the Company, and the implementation thereof by or on behalf of or at the instance of the Company;
(3) negligent acts or omissions in relation to any Goods;
(4) claim or liability incurred to any haulier, carrier, warehouseman, shipowner, charterer or other person or third party, at any time involved with such Goods, by the Customer 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;
(5) inaccurate, false or misleading information pertaining to the Goods;
(6) dangerous Goods shipped in any equipment provided by the Carrier.
25.2 Without limiting the generality of the above clauses, the Customer's indemnity shall:
(1) not be limited by amount;
(2) include any claims by Transnet Port Terminals, the South African Revenue Services, or any other customs, excise or revenue collection service, for any amounts, including but not limited to VAT, duties, or penalties, which the Company may be liable to pay in respect of the Goods, arsing out of any cause whatsoever, including without limitation the failure or inability of the Customer, the Owner of the Goods, named importer or exporter, to acquit any Goods carried in bond or use of incorrect tariff headings.
25.3 Notwithstanding that the Company may seek recovery of any amount due to it, from any person other than the Customer, the Customer shall remain liable to make payment of the said amount to the Company upon demand, at any stage.
26. DIRECTORS AND EMPLOYEES
26.1The Customer undertakes that no claims shall be made against any director, servant or employee of the Company, in their respective personal capacities, which imposes or attempts to impose upon him any liability in connection with the rendering of any services which are the subject of these Trading Terms and Conditions, or any act or omission arising during the course and scope of their employment, and hereby waives all and any such claims.
29 LIMITATION OF LIABILITY
29.1. All handling, packing, loading, unloading, warehousing and transporting of Goods by or on behalf of or at the request of the Company are affected at the sole risk of the Customer. The Customer indemnifies the Company accordingly, even if any resultant loss or damage was caused by breach of contract or negligence of the Company, its servants or agents or any other party for whose conduct the Company would otherwise in law be responsible.
29.2. Subject to the provisions of the remainder of this clause, 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 including, but without limiting the generality of the aforesaid:
(1) any negligent or criminal act or omission of the Customer or any person acting on behalf of the Customer other than the Company, its servants, agents or sub-contractors; and/or
(2) any act or omission of the Customer or agent of the Customer with whom the Company deals; and/or
(3) any loss, damage or expense arising from or in any way connected with the marking, labelling, numbering, non-delivery or mis-delivery of any Goods; and/or
(4) any loss, damage or expense arising from or in any way connected with the weight, measurements, contents, quality, inherent vice, defect or description of any Goods; and/or
(5) any loss, damage or expense arising from or in any way connected with any circumstance, cause or event beyond the reasonable control of the Company, including but without limiting the generality of the aforesaid, strike, lock-out, stoppage or restraint of labour; and/or
(6) any loss, damage or expense arising from inherent vice of the Goods, or the lack or insufficiency of or defective condition of packing in the case of Goods which, by their nature, are liable to wastage or to be damaged when not packed or when not properly packed; and/ or
(7) damages arising from loss of market or attributable to delay in forwarding or in transit or failure to carry out any instructions given to the Company; and/or
(8) loss or non-delivery of any separate package forming part of a consignment or for loss from a package or an unpacked consignment or for damage or mis-delivery; and/or
(9) damage or injury suffered by the Customer or any person whatsoever arising out of any cause whatsoever as a result of the Company’s execution or attempted execution of its obligations to the Customer and/or the Customer's requirements, instructions or mandate;
29.3 If, in spite of the exclusion of liability in these Trading Terms and Conditions, the Company is found to be liable, its liability shall not exceed whichever is the least of the following respective amounts:
(1) The value of the Goods evidenced by the relevant documentation or declared by the Customer for Customs purposes or for any purpose connected with their transportation, including the value of the Goods declared for insurance purposes;
(2) Double the amount of fees raised by the Company for its services in connection with the Goods, but excluding any amount payable to sub-contractors, agents and third parties;
(3) ZAR 10,000.00 for any one occurrence.
30. TIME BAR AND NOTICE
30.1 No claim of any nature whatsoever and howsoever arising in respect of the Services, any loss or damage to Goods, mis-delivery or non-delivery of Goods, delay in the delivery of any Goods or in respect of any other damages, loss or cause of action whatsoever (whether or not similar to, or in the nature of, the aforegoing), may be brought against the Company or (subject in any event to the provisions of Clause 25 above) any of its Directors or Employees, unless the Customer;
(1) has given written notice of the claim to the Company, before or at the time of removal the Goods into the custody of the person entitled to take possession, or if the damage or loss is not apparent, then within 15 (fifteen) consecutive working days of delivery at the place or port of destination; and
(2) has provided the Company with a fully documented claim setting out the precise nature and quantum of the claim within 3 (three) months of the written notification required above.
30.2 In the absence of any written notification of damage or loss to the Company, the Goods shall be deemed prima facie to have been delivered in good order and condition.
30.3 Notwithstanding the above, the Company shall in any event be discharged from all liability whatsoever and howsoever arising in respect of, any Services provided to the Customer or which the Company has undertaken to provide, or damage to or loss of Goods, unless summons or other process initiating legal proceedings is issued and served on the Company within 12 (twelve) months after the cause of action in respect of any such alleged liability arose and immediate notice is given in writing to the Company of such suit having been brought.
30.4 The Carrier or the Company may, on written request to the Company and in its sole discretion, extend any period contemplated above, or any extension thereof, provided that such request must be made prior to the expiry of such period and will only be regarded as duly extended by the Company such extension is granted in writing.
PART E: PAYMENT AND FINANCE
33. DEAD FREIGHT
33.1 The Customer shall be liable for the full cost of any services provided and/or disbursements, expenses, damages, fines or penalties incurred by the Company in respect of any dead freight as a result of:
(1) a booking cancelled by the Customer; or
(2) a booking cancelled by the Customer or Goods which are loaded on board a vessel, irrespective of whether the vessel sails or if the Goods are, or have to be, transhipped
36. LIEN AND PLEDGE
36.1 All Goods and documents relating to Goods, including Sea Transport Documents and import permits as well as all refunds, repayments, claims and other recoveries, shall be subject to a special and general lien and pledge either for monies due in respect of such Goods or for other monies due to the Company from the Customer, sender, Owner, consignee, importer or the holder of the Sea Transport Document or their agents, if any.
36.2 If any monies due to the Company are not paid within 7 (seven) days in respect of non-perishable goods or 3 (three) days in respect of perishable goods after notice has been given to the person from whom the monies are due that such Goods or documents are being detained, they may be sold by auction or otherwise 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 applied in or towards the satisfaction of such indebtedness.