Without limiting or prejudicing Whelson’s rights in terms hereof, the customer shall
notify Whelson of any loss, damage, complaint or claim within 36 (THIRTY SIX) hours from
the time of off-loading, or in the case of late delivery or non-delivery of the goods,
within 36 (THIRTY SIX) hours form the scheduled time of off-loading, failing which any
claim arising therefrom shall ipso facto lapse and be unenforceable. No such claim or
dispute arising therefrom shall be capable of set-off, or otherwise constitute a defence
to any claim Whelson may have against the customer.