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Standard Operating Procedures for Container Terminals ... - Transnet

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10. DOWNTIME OF COMMUNICATIONS<br />

10.1. Unplanned downtime<br />

As soon as a Party becomes aware of any circumstances resulting in, or which may result in,<br />

failure, delay or error in per<strong>for</strong>ming its obligations, such Party must immediately in<strong>for</strong>m the other<br />

Party thereof and use its best endeavours to communicate by alternative means acceptable to<br />

the other Party.<br />

10.2. Planned downtime<br />

Any planned non-availability of either Party's interchange facility must be reported to the other<br />

Party at least <strong>for</strong>ty-eight (48) hours be<strong>for</strong>e such planned unavailability takes effect.<br />

11. LOGGING, RECORDING AND STORAGE OF EDI MESSAGES<br />

11.1. Responsibilities<br />

Each Party will keep a data log, to store all EDI messages. These must be stored by the sender<br />

in the transmitted <strong>for</strong>mat and by the receiver in the <strong>for</strong>mat in which they are received.<br />

11.2. Period <strong>for</strong> storage<br />

The data log must be maintained unaltered and securely by the Parties <strong>for</strong> the period stipulated<br />

in the Technical Annex <strong>for</strong> that specific EDI message.<br />

11.3. Accessibility<br />

In addition to compliance with any relevant legislation/statutory or regulatory requirements, when<br />

the data log is maintained in the <strong>for</strong>m of electronic or computer records, the Parties must ensure<br />

that the recorded EDI messages are readily accessible and that they can be reproduced in a<br />

readable <strong>for</strong>m and, if required, can be printed.<br />

12. INTERMEDIARIES<br />

Intermediaries refer to any agents, contractors or other third parties (including the Customer’s<br />

depots, packers and truckers) acting by or under the instructions of the Customer whether by<br />

way of any outright instruction or implied conduct. All actions of the intermediary under such<br />

circumstances are deemed to be those of the Customer itself.<br />

12.1. Liabilities of intermediaries<br />

If a Customer uses the services of an intermediary in order to transmit, log or process EDI<br />

messages, that Customer is responsible to the Terminal Operator <strong>for</strong> any acts, failures or<br />

omissions of the intermediary and will be liable to the Terminal Operator under this EDI<br />

Agreement as if they were the Customer’s own acts, failures or omissions.<br />

SOPCT 01/04/2013 – 31/03/2014<br />

TRANSNET PORT TERMINALS, A DIVISION OF TRANSNET SOC Ltd Page 48 of 54

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