LiebeMan Holdings (Pty) Ltd

REG NO. 2017/208833/07

TEL: 073 285 9370

ROCKLANDS, CAPE TOWN WESTERN CAPE 7798

SERVICE LEVEL AGREEMENT

ENTERED INTO BETWEEN

LIEBEMAN HOLDINGS (PTY) LTD

Hereinafter referred to as LiebeMan Logistics
(Herein known as the Customer)

AND

_________________________________
(Herein known as the Transporter)

CONFIDENTIALITY WARNING
The information in this message is privileged and intended solely for the use of the addressed
persons or entitles. If you are not such persons or entities, you are hereby notified that any
distribution, dissemination or reproduction of this message, including the taking of any action in
response to the contents thereof is strictly prohibited.

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 SCOPE OF WORK: WITBANK TO RICHARDS BAY (MAIN) RICHARDS BAY TO CITY DEEP
(BACKLOAD)

Date of LOI 06 May 2023 LOI Reference LMH81/LRE/01/12/34

Truck Type 34 Ton Side Tipper Commodity Coal
Main Route Loading Point Witbank Offloading Point Richards Bay – Private Warehouse
Rate Per Ton R690 Excl VAT Loads P/W 3 - 4 Per Week
Distance 564km Single Trip Diesel On Transporter
Payment Terms 50 / 50 Drivers 1 – 2 Drivers
Commencement Immediately Operating Hours 24 Hours – Sun to Fri
Backload Loading Point Richards Bay Offloading Point City Deep (Fertilizer)
Rate (per load) R12,500 Flat Rate Distance 586km
Payment Terms 50 / 50 Total CPK R31,49
Contract Duration 05 Year No. of Trucks Required 40 Trucks

1. PURPOSE

1.1 This Service Level Agreement (SLA) defines the scope and control of customer and
transporter operational requirements. It provides guidelines on the level of support to be
provided to and by the organization and its transporters.

1.2 The SLA is valid from date of signature, onwards for a period of one year or until a new SLA is
agreed and issued. If, after the termination date, the transporter continues to deliver to the
customers’ clients then this agreement shall continue indefinitely until cancelled by either
party on thirty (30) days written notice to the other party.

1.3 Changes to the Agreement - In case of any ambiguity or when changes to the service
requirements occur, the customer and transporter will discuss the implications and possible
modifications to this SLA as soon as practically possible.

2. TRANSPORTER DAILY OBLIGATIONS

2.1 To provide the customer with a reasonable notification period for delays resulting in the
customers’ clients’ not receiving their delivery in the scheduled time frame.

2.2 Vehicle registrations to be sent through timeously for customers’ collections in order for the
customer to book vehicles with the mines (avoid loading delays), clients (avoid offloading
delays) and for customers’ accounts department to correspond mine schedules to offloading
points.

2.3 Transporters drivers to ensure that the correct product is being loaded at the relevant
loading points, mine tickets to be checked as well as the load itself. Should the driver not be
satisfied with the quality of the load this is to be reported to LiebeMan Logistics immediately
prior to loading.

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2.4 Transporter to ensure that the vehicles’ loading bins are free from any form of
contamination and/or foreign objects prior to loading product for customer. In the event of
contamination resulting in a claim being submitted by the customer’s clients, the costs
associated for such claim will be for the transporter’s account.

2.5 Transporters drivers to obtain a company stamp on delivery notes for all deliveries.
Customers’ clients’ signature of acceptance of the delivery to show on delivery notes and a
name printed next to the clients’ signature. If the company does not use a stamp on the
delivery note then the transporter to ensure client full name and signature is on the delivery
note and immediately inform LiebeMan Logistics department. Failing which the transporter
will be held liable for the load in the event the customer’s client refuses to accept that the
load was delivered to them.

2.6 Transporters drivers to only offload at customers’ clients’ premises with a person present to
assist in offloading. This is in order to eliminate costs associated to offloading in the incorrect
area or causing damage to clients’ premises. Should the transporter be fine to accept the risk
associated with offloading without assistance it will be for the transporters risk and the
customer will not be held responsible.

2.7 Transporter to have existing and up to date Goods In Transit Cover. Failing which the
customer does not accept responsibility for any costs resulting in a loss of a load.

2.8 Recovery of transporters vehicle. Should it be found that the transporters drivers have been
negligent in the delivery to the customers’ client; costs associated to the recovery of the
vehicle will be for the transporters account. It is up to the driver to assess the situation and
not to do anything that may jeopardise the truck or the load regardless of instructions that
may be given by the staff at the offloading point or by Flamite staff.

3. TRANSPORTER’S ACKNOWLEDGMENTS/INDEMNITY

3.1 The transporter agrees and acknowledges that purchase orders shall not bind the customer
in circumstances where the mine is unable for any reason, to provide the load in question to
the transporter within a reasonable time and the customer will not entertain any claims, of
any nature, for damages or otherwise, arising from a delay in loading, or a failure by the
mine to provide the agreed load.

3.2 The transporter expressly indemnifies and holds the customer harmless against any claims of
any nature whether for standing time, damages or otherwise arising from the aforegoing
and whether instituted by the transporter, its principals, agents or employees.

3.3 The transporter is to notify customers Logistics department within 5 working days should
there be a rate query.

4. CUSTOMER DAILY OBLIGATIONS

4.1 Provide transporters with updates timeously and on a regular basis throughout the working
day with reference to any problems or delays that may arise at loading or offloading points.

4.2 Provide transporter timeously with purchase orders for each delivery booked. Purchase
orders are to reflect the transporters registrations. (Please refer to clause 6.1 below).

4.3 Provide transporter with correct mine loading number.

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4.4 Recovery of transporters vehicle. Customer to include on credit application to clients the
procedures with regards to recovering of transporters vehicles. Customers’ clients to be
made aware that if they are negligent in the information supplied with regards to a delivery
the costs associated for the recovery of the vehicle will be for the customers’ client.

5. NON-DISCLOSURE AGREEMENT

5.1 Confidential Information:

Confidential information means any information disclosed by the customer to the

transporter and vice versa, either directly or indirectly in writing, orally or by inspection of
tangible or intangible objects.

5.2 Non-use and Non-disclosure:

Both parties agree not to use any Confidential Information for any purpose except to
evaluate and engage in a potential business relationship between the said parties.

5.3 Maintenance of Confidentiality Information:

Both parties agree that they shall take all reasonable measures to protect the secrecy of and
avoid disclosure and unauthorized use of the Confidential Information.

5.4 No Warranty:

All confidential information is provided "as is". Neither party makes any warranties, express,
implied or otherwise, regarding its accuracy, completeness or performance.

5.5 Remedies:

The Receiving Party agrees that any violation or threatened violation of this Agreement will
cause irreparable injury to the Disclosing Party, entitling the Disclosing Party to obtain
injunctive relief in addition to all legal remedies.

5.6 Miscellaneous:

This Agreement shall bind and inure to the benefit of the parties hereto and their successors
and assigns. This Agreement shall be governed by the laws of South Africa, without
reference to conflict of laws principles. This document contains the entire agreement
between the parties with respect to the subject matter hereof. Any failure to enforce any
provision of this Agreement shall not constitute a waiver thereof or of any other provision
hereof. This Agreement may not be amended, nor any obligation waived, except by a writing
signed by both parties hereto. Any and all disputes arising under or related to this
Agreement shall be adjudicated exclusively in Cape Town, South Africa. The parties have
executed this Non-disclosure Agreement as of the date of acceptance of this agreement.

6. PAYMENT OF ACCOUNT

6.1 Purchase orders sent through by customers’ Logistics Department for collections/deliveries
is to reflect on transporters invoice to the customer.

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6.2 Correct information is supplied to the customer for whom purchase orders and queries
should be directed to.

6.3 Relevant documentation such as delivery notes, statements and invoices are sent through to
customers’ Accounts department by the required cut-off dates – 10th day and 24th day of
every month. Delays in sending through information on time will result in a delay in payment
of your account.

- Accounts contacts are as follows;

liebemanholdings@gmail.com

Should your account query not be dealt with in the required time frame please liaise with customers’
Managing Director – AJ Dauman 073 285 9370

6.4 Payment of account will be strictly as stipulated in the relevant and associated LOI or unless
otherwise agreed upon.

6.5 Invoice weights (offloaded or loaded mass) – to be obtained from customers’ Accounts
Department. The customer should always be invoiced on the mine weight unless instructed
otherwise by the customer.

6.6 Account queries not resolved within 6 months will not be paid, assisting in dealing with
these queries timeously is crucial.

7. GENERAL

7.1 Offloading Procedures:

- Vehicles to follow the queue.

- Drivers to report to reception upon entering customers’ site.
- Where applicable, Drivers to complete customers’ induction video (site card will be
issued for a period of 1 year) and adhere to safety requirements on customers’ site
(please refer to PPE requirement in point 7.2 below).
- Vehicle not to enter premises whilst customer is receiving rail wagons
- Driver to report to weighbridge and hand delivery book and relevant documents to
reception.
- Reception will advise which pile to offload on.
- A general speed limit 10kph applies and all vehicles using customers’ roads shall
observe all traffic signs and notices

7.2 PPE Requirements (applicable to Mines, Clients and Depots)

- Safety shoes, high visibility safety vest, safety glasses and hard hat should the driver need to
leave his vehicle. The drivers are not allowed to climb onto the truck bins unless safe to do
so (driver secured to vehicle).

7.3 Zero Tolerance to alcohol and drugs

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There is a zero tolerance to alcohol and drugs. No person who is or appears to be under the
influence of intoxicating alcohol or drugs which may render or be likely to render him incapable of
taking care of himself or persons under his charges shall be allowed to enter sites. If your drivers are
caught whilst blowing to gain access are found to be under the influence, they will be sent away and
will be addressed immediately with the transporter.

7.6 Reporting of accidents and incidents

The transporter shall notify the customer immediately of any accidents or incidents resulting in
injury or damage to persons, property or the environment. This information and any subsequent
investigations, reports will be copied in a timely manner to the customers’ Managing Director.

8. FORCE MAJEURE

“Force Majeure Event” means an exceptional event or circumstance including war, terrorism,
rebellion, insurrection, riot, promulgation of Government laws, epidemics, strikes or lockouts by
persons other than the employees of the Supplier or the Supplier’s subcontractors, and natural
catastrophes such as earthquakes or hurricanes, provided that the exceptional event or
circumstance is one which

8.1 Is beyond the affected Party’s control.

8.2 Which such Party could not reasonably have provided against, avoided or overcome, and

8.3 Which is not substantially attributable to the affected Party.

If either Party is unable to perform its obligations in terms of the Contract by virtue of a Force
Majeure Event (“the Affected Party), then the Affected Party’s obligations will be suspended for as
long as and to the extent that the event or circumstance continues to make performance impossible,
provided that the Affected Party has given notice of the disability to the other Party within 24 hours
of the Affected Party becoming aware of the Force Majeure Event.

TRANSPORTER:

Signed at ___________________________on this ________ day of ______________________ 2023

Print Name Capacity Signature

CUSTOMER:

Print Name Capacity Signature

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