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Terms and Conditions of trade between VAN DOORN SOUTH AFRICA (PTY) LIMITED and Customer
VAN DOORN SOUTH AFRICA (PTY) LIMITED is a registered South African Company with company registration number
2000/009036/07.
Incorporated into VAN DOORN SOUTH AFRICA (PTY) LIMITED is:
– VAN DOORN TOP FRUIT AND LIVESTOCK COMPANY (PTY) LIMITED with registration number 2011/109092/07
– VAN DOORN CITRUS (PTY) LIMITED with registration number 2005/025553/07
– VAN DOORN GLOBAL (PTY) LIMITED with registration number 2011/109097/07
– VAN DOORN SERVICES (PTY) LIMITED with registration number 1999/028310/07
2. Hereafter the above companies will be referred to as VAN DOORN SOUTH AFRICA (PTY) LIMITED.
3. VAN DOORN SOUTH AFRICA (PTY) LIMITED acts as principle and as such buy and sell produce of a fixed price basis.
4. VAN DOORN SOUTH AFRICA (PTY) LIMITED markets and distribute product in the trade brand of its suppliers, and as
such VAN DOORN SOUTH AFRICA (PTY) LIMITED, its agents, customers or consignees have no title to these brands.
5. The currency of trade will be the local general accepted trading currency as in the area of trade.
6. All business will be conducted as per INCOTERMS (2010).
7. Except if otherwise agreed, all transactions will be on a firm price basis and will be as per incoterm indicated on
Commercial Invoice.
8. PAYMENT TERMS: Payment terms will be clearly indicated on the proforma and commercial invoice issued.
9. Overdue or late payments will be subjected to interest at a rate of the prime lending rate in South Africa plus 2%.
10. It is specifically recorded that all transactions are taking place on a fixed price basis. VAN DOORN SOUTH AFRICA (PTY)
LIMITED will take no responsibility for market value losses due to market movements.
11. A price adjustment on an invoice value is only valid if an official VAN DOORN SOUTH AFRICA (PTY) LIMITED credit note is
issued.
12. All business conducted will be subject to the standard conditions of trade as well as per the claims procedure of VAN
DOORN SOUTH AFRICA (PTY) LIMITED. Copies of which can be found on the VAN DOORN SOUTH AFRICA (PTY) LIMITED
website.
12. All products stay the property of VAN DOORN SOUTH AFRICA (PTY) LIMITED until paid in full.
13. No invoice party has the right to subordinate his responsibility to a third party without the written approval of VAN
DOORN SOUTH AFRICA (PTY) LIMITED.
Standard Terms and Conditions of Trade between VAN DOORN SOUTH AFRICA (PTY) LIMITED and Supplier
VAN DOORN SOUTH AFRICA (PTY) LIMITED is a registered South African Company with company registration number
2000/009036/07.
Incorporated into VAN DOORN SOUTH AFRICA (PTY) LIMITED is:
– VAN DOORN TOP FRUIT AND LIVESTOCK COMPANY (PTY) LIMITED with registration number 2011/109092/07
– VAN DOORN CITRUS (PTY) LIMITED with registration number 2005/025553/07
– VAN DOORN GLOBAL (PTY) LIMITED with registration number 2011/109097/07
– VAN DOORN SERVICES (PTY) LIMITED with registration number 1999/028310/07
2. Hereafter the above companies will be referred to as VAN DOORN SOUTH AFRICA (PTY) LIMITED.
3. VAN DOORN SOUTH AFRICA (PTY) LIMITED acts as a principal and as such buys and sells products on a firm price basis
as per PURCHASE ORDER (hereafter referred to as P/O) sent.
4. All products delivered to VAN DOORN SOUTH AFRICA (PTY) LIMITED are subject to the following:
4.1 The Standard Terms and conditions of Trade as laid out in this document.
4.2 The P/O sheet as sent by e-mail or fax to the contact details provided by the supplier.
4.3 The P/O will clearly indicate:
4.3.1. The order number
4.3.2. The pack variety
4.3.3. The pack type
4.3.4. The grade
4.3.5. The brand
4.3.6. Quantity of order
4.3.7. Point of delivery
4.3.8. Due date of delivery
4.3.9. Fixed price
4.3.10. Incoterm, as per INCOTERMS (2010)
5. All products will be released at a designated depot, port or port of discharge as indicated on the P/O sheet. The
consignment must comply with the following:
5.1 The consignment must be accompanied by a valid consignment note and invoice, clearly indicating the order number as
per the P/O sheet.
5.2 The consignment must be as per the P/O sheet in terms of volume, specification and timing
5.3 The Perishable Product Export Control board (hereafter referred to as PPECB) must preapprove the consignment.
5.4 The consignments must be according to the Quality Standards of VAN DOORN SOUTH AFRICA (PTY) LIMITEDT as set out
in the packing specifications of VAN DOORN SOUTH AFRICA (PTY) LIMITEDT. A copy can be provided by VAN DOORN
SOUTH AFRICA (PTY) LIMITEDT to the supplier.
5.5 All consignments to be available at the depot on or before the cut-off date as per the P/O sheet.
6. In case of non-conformity to the loading instruction, any additional costs will be for the supplier.
6.1 If the quality of the product is below the VAN DOORN SOUTH AFRICA (PTY) LIMITED Quality Standards, the possible
related market and insurance losses will be for account of the supplier.
7. VAN DOORN SOUTH AFRICA (PTY) LIMITED will execute all payments as per the agreed payment protocol, provided:
7.1 The product was in a sound condition upon arrival at the address of the consignee.
7.2 The product was not re-consigned as open stock.
7.3 There are no outstanding Credit Notes pertaining to the specific consignment invoice.
7.4 All intake and consignment documents were correct at the point of intake and in time.
7.5 No dispute with regard to the delivery is outstanding.
7.6 No element of Force Majeure exists.
7.7 There were no vessel or discharge delays beyond the control of VAN DOORN SOUTH AFRICA (PTY) LIMITED.
7.8 The finance department received a valid supplier invoice.
8. All payments will be in the currency as per the P/O sheet, except in cases where :
8.1 The consignment was subject to an insurance claim.
8.2 The consignment was sent to an alternative market in consultation with the supplier.
8.3 Any other condition that prevented the receipt of the indicated currency.
9. VAN DOORN SOUTH AFRICA (PTY) LIMITED takes no responsibility for currency or hedging losses.
10. Product of an unsound nature upon arrival at the premises of the consignee will be treated according to the standard
VAN DOORN SOUTH AFRICA (PTY) LIMITED Claim Procedures of which a copy is available on our website.
Parc du Cap 3, GF-04
Mispel Road
Bellville
E-mail: info@vandoornsa.co.za
11. Unless otherwise agreed, the Quality Standards of VAN DOORN SOUTH AFRICA (PTY) LIMITED will be used as the
accepted quality standard and norms.
12. Unless otherwise agreed, INCOTERMS (2010) will be the applicable INCOTERMS to use:
13. The Financial Year End of VAN DOORN SOUTH AFRICA (PTY) LIMITEDA is 31 December. No claims or disputes will be
entered into later than 2 months after this date. 13. All disputes to be addressed by means of arbitration through legal
counsel within the borders of the Republic of South Africa.
Claims Procedure
In order to accommodate claims on quality issues the following procedure should be followed:
1. Step 1 – Initial notification:
Notify Van Doorn in writing within 72 hours after customs clearance of cargo.
Mobile electronic communication is acceptable, as long as it is followed up by an email.
A basic description of the problem, as well as photographic evidence is required.
Please make ensure that the temperature recorder is located and take possession of it. Please take note that NO claims will be
entertained if step 1 was not followed.
2. Step 2 – Official Notification
Attach the following information/documents to the notification:
• Container number / Van Doorn invoice number / vessel name
• Description of the problem
• Photographs – showing the problem / brand / carton / PUC code / pallet ID
• Quantification of the problem – % cartons affected / possible monetary value
• Confirm possession of the temperature recorder
3. Step 3 – Survey
• After the official notification a decision can be taken to conduct a survey
• The survey can be done by the receiver, the supplier, or an independent surveyor; depending on our agreement.
• Van Doorn reserves the right to request you to arrange in independent survey on their behalf.
• All cost for inspections and surveys will be for the account of the defaulting party.
• In a case where the suspicion is that the claim can be attributed to a shipping defect i.e temperature deviation, damaged
container etc. a joint survey with the shipping line will be required. The following actions need to take place:
– Consignee to arrange for his survey company to do survey
– Consignee to inform local shipping office at port of destination of required joint survey
– Contracting party with Shipping line at port of origin to inform shipping line of required joint survey
– In cases where the shipment was covered by marine insurance, Van Doorn will inform their insurance company to attend the
survey with the aim of a possible marine claim
Contents survey:
• Vessel name
• Date of survey
• Date of arrival at destination port
• Date of customs clearance of container
• Shipment / container number
• Temperature recorder readings
• Photographic evidence
• Carton / brand
• Fruit specifications – varieties / counts
• PUC codes
• Pallet ID/s
• % defects
• All information necessary to clearly identify the problem and deviation
.
4. All claims to be finalised within 14 working days after receipt of the initial notification.
Important:
• No claims will be accepted if the above procedure was not followed.
• No claims will be accepted if the temperature recorder readings are not available
• Van Doorn cannot accept claims if the claim was due to delays in the port of destination
• Van Doorn cannot accept claims if additional storage was applied for and granted.
• The 72 hour window starts from the time that free detention and demurrage expires, or from the time of customs clearance
which ever event happens first.
Conclusion:
• Van Doorn and their suppliers are not in the business of claims.
It would be more acceptable to settle quality issues swiftly and with a market related adjustment.
• We do however accept that in some cases it will be necessary for surveys.
• The mere fact that a quality issue exists, does not automatically change the trading terms to open price or open consignment.
Any adjustment to the status of the shipment can only be made on mutual agreement between the supplier, the importer and
the exporting agent (Van Doorn). In a case of a dispute, Van Doorn will together with the supplier have the final decision.