1. CONDITIONS OF CARRIAGE
The Courier Guy cc (the Company) shall not be a public or common carrier in relation to the carriage of goods forming the subject of these conditions and any goods carried are accepted subject to the conditions herein. Under no circumstances shall any strict liability attach to the Company. No amendment or consensual cancellation and/or variation of any of the provisions or terms hereof and no extension of time or waiver or relaxation of any provisions of this agreement shall be binding unless recorded in a written document signed by a duly authorized Director of the Company and a duly authorized representative of the Customer. All business undertaken including advice, information or service provided by the Company shall be subject to the conditions set out and each condition shall be deemed to be incorporated in and to be a condition of this Agreement between the Company and the Sender of the goods. These conditions cannot be changed either by oral, written undertaking or promise by any employee of the Company before or after receipt of these conditions. Goods are accepted subject to the conditions stipulated by all other carriers, sub-contractors, handlers and any other parties into whose possession or custody they may pass to finalize and deliver goods that come into their possession.
2. OPERATIONAL PROCEDURES
The Company reserves the right to transport the goods received from any Customer and/or Consignor by any means at its disposal and may use any carrier to perform its duties. All goods that require forwarding to facilitate delivery may be held at the Company's discretion and the Customer and/or Consignor's cost until suitable delivery arrangements can be arranged. The Company is entitled to use independent parties to perform any of the functions required for completion of its duties. The Company shall have no responsibility or liability to the Customer and/or Consignor for any act, or omission of such third party even though the Company may be responsible for the payment for such third parties charges. The Company however reserves the right to, at its sole election, take action on behalf of the Customer and/or Consignor should the independent carrier fail to carry out its duties suitably. The costs associated with taking such action would be for the account of the Customer and/or Consignor and are payable on demand.
3. TIMEOUS INSTRUCTIONS
The customer shall be obliged to give any instructions to the Company timeously and in writing in order to afford the Company a reasonable opportunity to comply with such instructions, but the Company shall be entitled, but not obliged, to act on oral instructions alone. If there is a conflict between any oral or written instructions or between the various written instructions themselves, or in the absence of instructions, the Company shall determine the course to be adopted, in its sole discretion, having regard to the Customers known requirements, if any, and if not it is recorded that Overnight Service shall be the default service selected. Notwithstanding that the Company may purport or attempt to act on any instructions, no liability shall attach to the Company for failure, whether negligent or otherwise, to perform such instructions. The Company shall be entitled to recover its charges and/or expenses including those incurred acting in terms hereof.
4. TARIFFS AND QUOTATIONS
All quotations,rates,tariffs and surcharges are subject to withdrawal or revision by the Company at any time. The Company shall be at liberty to revise all quotations,rates,tariffs or surcharges with or without noticing cases where the Company's costs are affected by any of its suppliers and may do so without notice to the Customer. Charges are calculated on the basis of either actual or volumetric mass, and for purposes of rating, the greater of the two calculations is deemed to be the chargeable mass for the purposes of measuring the volume, mass and/or dimensions of any package. The measurements as calculated by the dimensions machinery and/or company representative will be regarded as conclusive proof of the volume, mass and/or dimensions of the package so measured. Only written quotations provided by the Company will be valid.
5. COLLECTION OF GOODS
If any goods have not been accepted or collected by the Consignee and/or its nominee within a reasonable time after the tender thereof, and for the purposes thereof notification to the Consignee and/or its nominee of the fact that the goods are available for collection or that the Company is willing to deliver the goods shall be deemed to be a good and sufficient tender, the Company shall notify the Customer at its domicillium citandi et executandi and, after the expiration of ten (10) days from the posting to that address of such written notice and unless the Customer shall give the Company instructions to redeliver the goods, at the Customer's expense, the Company shall be entitled and authorized irrevocably and in re suam, to sell or dispose of the goods and retain from the proceeds the charges, expenses and costs incurred in the carriage thereof.
6. THE COMPANY'S RIGHT INTERMS OF GOODS IN ITS POSSESSION
The Company and /or its nominee reserve the right to open and examine any goods tendered to fulfill security obligations at any time. Should the Customer and/or Consignor fail to settle his obligations to the Company, the Company shall have the right, without notice to the Customer and/or Consignor, to sell either by public auction or private treaty, and at its entire discretion the whole or part of the goods and to apply the proceeds of any such sale, after deducting all expenses accruing in payment of or towards any sum due by the Customer, and/or Consignor to the Company and to pay the Customer and/or Consignor any surplus, without interest, within sixty (60) days after such sale whereupon the Company shall be released of all liability whatsoever in respect of the goods carried. The clause outlined above shall not prejudice any common law rights in respect of non-payment by the Customer and/or Consignor of the Company's remuneration. Any charges that may be incurred by the Company in respect of the storage, sales or disposal of the goods and the compilation of any documents relating thereto shall be incurred on an attorney and own client scale.
If it is necessary for an examination to be conducted by the Company in respect of any discrepancy in the goods which are landed from any vessel, aircraft, vehicle or container, no responsibility to comply with any regulations, laws and/or obligations pertaining to the goods remains that of the Customer and/or Consignor, notwithstanding the contractual relationship between the Company and Customer and/or Consignor.
7. DELIVERY PARAMETERS
The Company shall not be liable for any loss, damage or deterioration of any goods. The packaging of Customer and/or Consignor's goods for transportation is the sole responsibility of the Customer and/or Consignor, including the placing of the goods in any container supplied to the Customer and/or Consignor by the Company. It is the sole responsibility of the Customer and/or Consignor to adequately address each consignment to enable effective delivery thereof.
8. DELIVERY OF GOODS
The onus of establishing the conditions of the goods at the time of delivery thereof by the Company shall rest with the Customer and/or Consignor. Without limiting the generality of the aforegoing, the Company shall be entitled to delay the dispatch of any goods or expedite the date of dispatch if they, in the sole discretion of the Company, consider it necessary for the safety of the goods or if, in the sole discretion of the Company, there is a backlog of goods with higher priority and/or any other reason. The Company will only deliver goods that are the property of the Customer and/or Consignor and the Customer and/or Consignor warrants that it is authorized to accept and its accepting these conditions not only on behalf of itself, but also as agent for and on behalf of all other persons who are or may become interested in the goods. The Customer and/or Consignor hereby undertake to indemnify the Company against any damages, costs and expenses resulting from any breach of this warrantee.
9. COMPANY LIABILITY
The Company shall not be liable for any loss or damage to the goods. Where Customers make a claim and the Company chooses to accept liability as limited herein, then and in such a case, no claim shall lie unless the Customer makes a claim in writing within three (3) days after delivery of the goods to the Consignee. Further to the above:
-The Company's liability shall not exceed Fifty Rand (R50) per Consignment;
-The Company shall not be liable for indirect or consequential loss or damage to any consignment;
-The Company shall not be liable whatsoever for any loss or damages arising in respect of late or non-delivery of any goods.
10. LOSS OR DAMAGE TO GOODS
No responsibility or liability whatsoever shall attach to the Company or its employees for any loss or damage to goods unless such loss or damage:
-Occurs whilst the goods are in actual care of the Company;
-Is due to the intentional and willful act or default of the Company or its employees.
The Company shall under no circumstances be liable for:
-Loss or damage incurred through goods being tendered with inadequate packaging and packing;
-Any loss or damage whatsoever caused by the perishable, fragile or brittle nature of the goods and packaging;
-Loss or damage occurred due to the negligent and/or grossly negligent act or default of the Company or its employees.
Notwithstanding anything to the contrary contained or implied in this clause eleven (11), the Company shall not accept liability for the handling of any Bullion, Coins, Precious Stones, Jewellery, Valuable, Antiques, Pictures, Bank Notes, Securities and other valuable documents or articles unless the Company agrees in writing prior to the goods being tendered to accept liability for the handling of the items listed in this clause.
If the Company is for any reason unable to effect delivery of the goods, reasonable steps would be taken to return the goods to the Customer and/or Consignor. The Customer and/or Consignor shall be responsible for the costs of carriage, attempted delivery and return of the goods.
11. DANGEROUS GOODS
No goods will be received or accepted by the Company including radioactive materials which are or may become dangerous, inflammable or noxious, or which by their nature are or may become liable to cause injury or damage to any person, goods or property whatsoever without the Company's consent in writing prior to the goods being tendered. Should the Company consent to the movement of any of the above, the containers or packaging must be marked accordingly as to comply with the applicable legislation, regulations or requirements of any authority. The Company reserves the right to destroy any of the above should the necessary consent not be confirmed in writing prior to the goods being tendered. Whether or not the Customer and/or Consignor was aware of the nature of the goods and whether or not the Company's written acceptance thereof was obtained, The Customer and/or Consignor shall be deemed to have indemnified the Company against loss, damage or liability caused by the Company as a result of the tender of the goods to the Company. The Company shall not transport any prohibited goods including without limitation any goods and materials, the carriage of which is prohibited by any laws, rules and/or regulations. In the event that the Customer and/or Consignor consigns such items with the Company, the Customer and/or Consignor shall indemnify the Company against all claims, damages or losses arising in connection herewith and the Company shall have the right to deal with such items as it shall see fit including the right to abandon carriage of the same immediately upon the Company having knowledge that such items infringes on these conditions. The Customer and/or Consignor shall be responsible and liable, without limitations for all costs, fines, damages, loss of income and/or legal costs which the Company may incur as a result of the Customer and/or Consignor's breach of this clause.
The Company shall insure the goods for an amount not exceeding One Thousand Rand (R1000), where insurance is requested but no value declared for a premium. Where insurance is requested and the value declared exceeds One Thousand Rand (R1000) a premium representing a percentage of the declared value will be levied. In the event of a claim, a minimum excess of the declared value applies. In the event of a hi-jack or theft a minimum of fifteen (15) percent excess of the declared value will apply, the minimum excess applicable been Two Thousand Five Hundred Rand (R2500). In the event of loss due to non hi-jack or no theft a minimum of ten (10) percent excess of the declared value will apply, the minimum excess applicable been One Thousand (R1000). The Company is not obliged to insure goods exceeding Ten Thousand Rand (R10 000). Should any dispute arise over the insurance arranged on behalf of the Customer and/or Consignor by the Company, the Customer and/or Consignor shall have recourse against the insurer onus and the Company shall not incur any liability in relation to the dispute, notwithstanding that the premium on the policy may not be at the same rate as that charged by the Company. All charges, including the premium, owing to the Company in respect of the services rendered will be payable to the Company as per the conditions of payment laid out in these conditions of carriage. The Customer and/or Consignor shall lodge all claims in terms of insurance to the Company in writing within three (3) days of the goods being delivered to:
The Courier Guy cc, Attention Insurance Claims Department, P O Box 532 Lanseria, 1748
13. WARSAW CONVENTION
When shipments are tendered for international destinations the provisions of and law to the Warsaw Convention may apply and in most cases further limits the liability of the Company in respect of loss or damage to such consignments.
In cases where non-payments of monies due to the Company occur, the Customer and/or Consignor shall be liable for and shall pay all legal costs incurred by the Company. The Customer and/or Consignor shall be liable for all costs incurred in the recovery of any monies hereunder, including collection commission, attorney and own client costs, whether incurred prior or during the institution of legal proceedings, or, if Judgment has been granted, in connection with the satisfaction or enforcement of such Judgment.
No Relaxation or indulgence of these conditions of carriage shall in any way prejudice the Company's rights nor shall they be deemed to be a waiver of any of the Company's rights in terms of these conditions and no variation, waiver, indulgence and/or relaxation of such conditions shall be binding upon the Company.
The Customer and/or Consignor appoints their address as set out under "Details of Customer" in this Credit Application as his domicilium citandi et executandi for all purposes relating to his agreement and may amend this in writing to the Company within seven (7) working days of the change.
17. JURISDICTION OF MAGISTRATES COURT
The Company shall be entitled, at its sole election, to institute any proceedings against the Customer and/or Consignor in any Magistrates Court having jurisdiction over it, even though the cause of action or amount claimed is beyond the jurisdiction of the court. This clause does not preclude the Company from, at its sole discretion and election, instituting action in the High Court and the Customer and/or Consignor also consents to the jurisdiction of the High Court in the jurisdiction elected by the Company.
The Customer and/or Consignor shall be liable for all costs incurred by the Company in the recovery of any amount or the enforcements of any rights which it has hereunder, including collection charges and costs on an attorney and own client scale and cost of counsels as on brief whether incurred prior to or during the institution of legal proceedings or if Judgment has been granted in connection with the satisfaction or enforcement of such Judgments. The Customer and/or Consignor undertakes to pay the cost of the surety ship and cession contained herein including and stamp duty payable thereon and agrees that such costs can be debited to their account.
19. CONSEQUENTIAL LOSS
Under no circumstances whatsoever including as a result of its negligent (including grossly negligent) acts or omissions or those of its servants, agents, or agents on whose behalf the Company, would be liable, in respect of any loss or damage sustained by the Customer and/or Consignor of any nature whatsoever or any damage caused to the assets of the Customer and/or Consignor or assets kept on its premises by any third parties or in regard to the Customer and/or Consignor's business or sustained by any of its customers, howsoever caused including the negligent, grossly negligent , and acts or omissions of the Company, its services, agents or others for who it may liable to in law.
Each paragraph or clause in this agreement is severable the remainder and if any paragraph or clause is found by any competent court to be defective or unenforceable for any reason whatsoever, the remaining paragraphs and/or clauses shall be of full force and effect and continue to be of full force and effect.