Statistics Act, 1999
R 385
Sea Transport Documents Act, 2000 (Act No. 65 of 2000)7. Delivery |
| (1) | A carrier is discharged from the obligation to deliver if that carrier makes delivery of the goods to which a sea transport document relates to a person entitled to such delivery in terms of subsection (2). |
| (2) | A person presenting a sea transport document is entitled to delivery of the goods to which the document relates— |
| (a) | only in accordance with the contract and on the terms contained in the document and subject to compliance with any obligation to which that delivery may be subject; and |
| (b) | subject to subsection (3), if that person is the first person presenting the document in respect of those goods. |
(3)
| (a) | A carrier may require any person presenting a sea transport document in respect of any goods to establish a right to delivery. |
| (b) | Any person required to establish his or her right to delivery as contemplated in paragraph (a) may do so either by application to court or by any other means that may be acceptable to the carrier. |
| (c) | If a right to delivery is established by means other than an application to court, the carrier bears the risk that the person has no right to delivery and the carrier may require an indemnity acceptable to the carrier in respect of the delivery. |
| (4) | Unless the court on an application contemplated in subsection (3)(b) orders otherwise, delivery made in terms of this section does not affect any right to damages. |
