The above matter refers.
Kindly take note that on 23 March 2020 the President of the Republic of South Africa announced that a nationwide lockdown would be enforced within South Africa between midnight, 26 March 2020 until midnight 16 April 2020 to combat and reduce the spread of the COVID -19 virus.
In line with the Presidents decree, all enterprises, save for those involved in essential services or the provision of essential goods, are to close for the duration of the lockdown. Ziegler however has been approved as an essential service provider as defined in the Disaster Management Act 2002 (Act No. 57 of 2002) as amended, and hence will continue providing services to its customers for the duration of the lockdown.
COVID-19 has been declared a national disaster and the effects thereof including the nationwide lockdown can be deemed as a Force Majeure event which will have a significant impact on Ziegler’s services and operations for the duration of the lockdown. However, the effects and limitations of the lockdown will linger even after upliftment and it will take some time for all major service providers, logistics partners and export and import streams to return to normality.
In the circumstances, it is prudent to place all our customers on notice, which we hereby do, that all services performed by Ziegler are at all times subject to its Standard Trading Terms and Conditions (“STC’s”) which include inter alia the following terms:
- All services performed by Ziegler are effected at the sole risk of the customer and/or the owner of the goods, and the customer indemnifies Ziegler and holds it harmless against any loss or damage or liability which Ziegler or the customer may incur in connection with the goods or services, howsoever arising;
- If Ziegler is unable to deliver goods to a customer, or the customer does not accept the goods for any reason whatsoever, any costs associated therewith including delivery charges, storage charges, demurrage and/or costs and penalties are strictly for the customer’s account – this includes goods requiring special arrangements and/or perishable goods;
- All monies due to Ziegler by the customer shall be paid on or before the respective due dates thereof, free from any deduction or set off and shall not be withheld or deferred on account of any claim or counterclaim which the customer may allege;
- All estimates or landed costings 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 Ziegler to third parties, including without limitation, freight, surcharges, insurance premiums, equipment rental and/or any other charges or upwards movements which take place after quotation; and
- Ziegler shall not be liable for any indirect, consequential and/or contingent loss arising from any act or omission or statement by Ziegler, its agents, its employees, servants or nominees whether negligent or otherwise.
Notwithstanding the above, as your trusted service provider we will continue to do everything possible within the ambit of the law and the current restrictions to try minimize service disruptions and ensure our customers get the best service possible in the circumstances.
We thank you for your support, co-operation and understanding.
Ziegler South Africa (Pty) Ltd