Prescription of Claims

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.