By accepting these terms and conditions, you are entering into a contractual agreement with Blue Sage Courier Services. Our details are:

• Blue Sage Courier Services, a Sole Proprietor, the “Courier“
• Contact eMails: hello@bluesagecouriers.co.za

Blue Sage Couriers shall attend to the Sevice(s) as requested by the Sender subject to the following terms and conditions:

1. DEFINITIONS
1.1. The Sender – our direct customer or consignor shall mean the person or entity identified in the Booking confirmation to which these Terms and Conditions are attached, including any agent or representative of the Sender;
1.2. The Courier shall mean Blue Sage Couriers, specialising in temperature controlled frozen goods carriage and home deliveries in designated territories;
1.3. The Goods shall mean all goods / consignment / parcels forming the subject matter of the Service(s), pursuant to complying with Clause 2 – Prohibited Shipments, and complying with Clause 3 – Packaging;
1.3.1. Temperature Sensitive Goods shall mean Goods or Products that must be kept within a specific temperature range to maintain their quality and integrity, examples include Insulin, Vaccines, Blood & Blood Products, Organs and Tissues and Pharmaceuticals;
1.3.2. Temperature Controlled Goods shall mean Goods that can be transported in any environment in which the temperature is actively or passively controlled at a level different from that of the surrounding environment, such as frozen food and beverages;
1.4. The Service shall mean any business undertaken by the the Courier gratuitously or for consideration and includes, but is not limited to, any advise, information or logistical, freight and distribution services, including Carriage of Temperature Controlled Goods, but not Temperature Sensitive Goods;
1.5. The Receiver – shall mean the entity, the consignee or person which the Sender or Consignor instructed the Courier to collect from / deliver its booked Consignment or Goods to;
1.6. Set Temperature shall mean the temperature set point for the freezers on the Courier’s trucks. The Courier transports Goods for delivery at – (neg) 12 deg Celsius during the execution of routes. The Courier’s business model is such that the doors of delivery vehicles are opened and closed frequently during the course of carriage;
1.7. Standard Operating Hours shall mean 08:30 AM to 05:00 PM CAT, Monday to Friday. Should any carriage be required outside of Standard Operating Hours, the Sender would be required to request for dedicate carriage at cost;
1.8. Estimated Delivery Time Slot shall mean the estimated time of delivery for carriage, as calculated upon finalising routes the day before. Our routes and time slots vary daily, and as indicated, delivery time slots are estimated. The Courier cannot commit to specific time constrains, nor be held liable, as achieving these estimated time slots will depend on workload, travel distances required and various external factors outside of the Couriers control during the execution of the route.

2. PROHIBITED GOODS
2.1. The Sender undertakes to ensure that Goods handled by the Courier will not contain:
2.1.1. anything that cannot be transported safely or legally;
2.1.2. anything that is prohibited by any law, regulation, or statute;
2.1.3. bullion, currency, dangerous / hazardous, combustible materials, drugs / narcotics, electronics, damaging, corrosive, chemical or explosive article or substance, or any other non-food items;
2.1.4. or any substance, including articles of food, likely to encourage vermin or cause infection.

3. PACKAGING
3.1. The packaging of the Goods is the Sender’s sole responsibility, including the placing of the goods or documents in any container which may be supplied to the Receiver. The Courier does not accept any responsibility for loss or damage to Goods arising from inadequate or inappropriate packaging. The Courier will not be liable for delay in delivery resulting from the Sender’s failure to comply with its obligations in this respect;
3.2. The Sender undertakes to package the Goods suitably and appropriately, with due regard for the nature of the goods. In particular, the Sender is cautioned to avoid tendering for carriage any parcels containing exceptionally fragile or valuable goods, and should it do so, it is obliged to pack and label these goods so as to mitigate against the risks to which such goods may be exposed;
3.3. The Courier recommend that when Goods are packaged in carton boxes, the quality of these boxes be double walled and virgin material only upon having reached the Solid Cooling Phase – refer to Clause 12 – Temperature Controls;
3.4. The Sender warrants that the description of the goods as displayed on the Goods or Packaging reflects the true description of the goods. Notwithstanding this warranty, the Courier and any authorised person will be entitled to inspect the contents of any Goods under supervision.

4. OBLIGATION OF THE SENDER
4.1. The Sender will ensure that each Booking instruction or order is completed in full, and is clear and legible. The Courier may delay or refuse carriage until such information is supplied and completed to is satisfaction;
4.2. The Sender agree to comply with Clause 2 – Prohibited Goods and Clause 3 – Packaging upon requesting Services from the Courier. The Sender is obliged to acquaint itself with all legal requirements applicable to the Goods and carriage thereof, and in particular the carriage of frozen goods, and to ensure that any goods subject to such requirements are packaged correctly, bear the required labels, and are accompanied by the necessary documentation if so required;
4.3. It shall be the obligation of the Sender or its representatives to check the quantities or number of boxes / items that constitute and the Goods requiring carriage upon Collection by the Courier and communicate these numbers to the Courier. If the Sender neglect providing the numbers to allow the Courier to validate, the Goods will be received as is and without liability. The Courier further reserve the right not to accept the Goods ;
4.4. The Sender shall ensure that its account is always up to date and not in arrears;
4.5. The Sender is liable for all freight and all other lawful charges accruing on the Goods in accordance with the Sender’s booking requirement;
4.6. The Sender shall be liable for payment of all costs of repairs to the Couriers vehicle(s) in the event of any damage caused by it, its representatives, or agents;
4.7. In the event that the Courier needs to collect Goods on behalf of the Sender, and such Goods must be collected from an institution that requires confirmation of the Courier’s vehicle and Driver details, it is the Sole Responsibility of the Sender to request these details from the Courier in timous manner, and ensure that all associated documents are provided, including informing the Institution ahead of our planned arrival. Failure to do so may result in the Collection being rescheduled for the next available booking date;
4.8. The Sender may not commit under any circumstance to, or infer to, estimated or planned delivery time slots on behalf of the Courier.

5. OBLIGATION OF THE COURIER
5.1. The Courier reserve the right to decline any request for service, at the Courier’s discretion. The Courier further reserve the right to decline requests for dedicated carriage or for carriage outside for Standard Operating Hours;
5.2. The Courier’s freezers are set to run at the Set Temperature during the course of carriage or executing it’s obligations to the Sender;
5.3. The Courier’s delivery of the Goods to the Receiver’s address as indicated on the Booking instruction will be deemed proper delivery, and discharge Courier of its obligations;
5.4. If the Courier is unable to effect delivery of the goods for any reason, including as a result of a Receiver’s refusal to accept the goods, incorrect Receiver details having been furnished to the Courier, or the Receiver not being available to receive the Goods, reasonable steps will be taken to return the goods to the Sender. In such event, the Sender will be responsible for all costs and expenses incurred;
5.5. In the event the Sender request a re-delivery attempt, the Sender will be responsible for all costs and expenses incurred;
5.6. If the Courier, despite reasonable attempt, is unable to return the goods to the Sender it will be entitled to sell the goods to defray costs, or destroy or otherwise deal with the goods;
5.7. Notwithstanding the Courier’s dealing with such Goods, the Sender will be and remain liable to the Courier for all costs and charges incurred;
5.8. It shall not be the obligation of the Courier or its representatives to check the quantities or number of boxes / items that constitute the Goods requiring carriage upon Collection. If the Sender neglect providing the numbers to allow the Courier to validate, the Goods will be received as is and without liability;
5.9. Halaal and non-Halaal Goods are co-loaded in the same load carriage for delivery. Should the Sender require separation, the Sender must book dedicated carriage for the Goods;
5.10. Where required to protect its own or a third party’s interests, where required in law, or where the Sender breaches any obligation in respect of damaging goods, Clause 2 – Prohibited Goods, the Courier may remove, destroy or otherwise deal with any damaging Goods and will not be accountable to the Sender for the value thereof, nor will it be liable for any damages sustained as a result of such actions.

6. PAYMENT TERMS
6.1. All amounts due to the Courier are only payable via electronic funds transfer (EFT) by the Sender as per the Sender’s account terms granted by the Courier;
6.2. The Courier reserves the right to change account terms at any time;
6.3. No original documentation will be sent to the Sender, all documentation is sent electronically and copies thereof can be obtained by yourself from the Courier;
6.4. Payment for service rendered cannot be withheld due to electronic copies of documents being received by the Sender from the Courier;
6.5. If any amount owing by the Sender to the Courier remain unpaid on the due date set out in the invoice, then all other amounts owing by the Sender to the Courier, shall be entitled, but not obliged and without prejudice to any of its other rights and remedies in law, by notice of writing to the Sender to suspend performance of any of its obligations under the Agreement until such time as the Sender has rendered payment in full of all outstanding amounts due to the Courier;
6.6. In the event of the Courier having to instruct its attorneys to recover moneys form the Sender, the Sender shall be liable for and shall pay all legal costs incurred by the Sender on an attorney client basis, inclusive of collection commission;
6.7. The Courier will have a lien over all goods as security for any fees or charges owing to it by the Sender and will be entitled to retain goods pending payment of any outstanding amounts;
6.8. The Courier reserves the right to, and will be entitled to, without further notice, suspend a Sender’s account, and any Services to a Sender, in the event that any fees are outstanding pursuant to Clause 6.5. Such suspension will not operate as a breach, nor give rise to any liability on the part of Courier.

7. FEES
7.1. The Courier will charge for its services in accordance with its schedule of fees and is not obliged to give a breakdown of fees nor evidence of expenditure incurred;
7.2. The Courier’s tariffs and fees are subject to review and adjustment at any time. Any adjustments and consequent amended pricing schedules will be made freely available;
7.3. Fees are due and payable on date of carriage, or otherwise in terms of written payment terms granted at the Courier’s discretion;
7.4. All fees and charges quoted by the Courier are exclusive of VAT or Insurance unless otherwise indicated;
7.5. The Sender remains liable to the Courier for all fees. Any agreement between the Sender and any third party in respect of payment of the fees will in no way affect this agreement;
7.6. Additional charges or fees will apply for time slot collections and / or deliveries, where upon the Storage entity or facility require an empty truck before releasing Goods or delivering of Goods or Consignments;
7.7. No single consignment (delivery) may exceed 60 kilograms, irrespective of number of parcels. Parcels or Consignments that exceed the weight limit, will incur a surcharge that will be added to the cost of carriage for the Sender.

8. DELIVERY TERMS
8.1. The Courier undertakes to transport and to deliver the Goods in accordance with the Sender’s request for carriage as reflected in the booking, pursuant to this agreement and within the Standard Operating Hours, but is not responsible for delays which are caused by events beyond its control;
8.2. Should the Courier be unable to collect and / or deliver the Goods for any reason outside of its control, including the Recipient refusal to accept the Goods, the Courier shall be entitled, at its discretion, to return, detain, store, sell, abandon or destroy the Goods, or any part thereof, at the expense of the Sender after 5 (five) days. The date of the delivery will be considered as day one (1);
8.3. The Sender shall properly and accurately give to the Courier the Name, Address and Contact (including a mobile phone number and a valid email address) details of the Recipient, and all documents that must of necessity accompany the Goods or such documents as the Courier may require. Failure in doing so will result in delays of carriage. Refer to Clause 14 – Communications for additional details;
8.4. The Courier shall not be responsible nor incur any liability for any loss or incorrect delivery of goods due the Recipients details incorrectly stated by the Sender;
8.5. The Courier shall not be liable for any loss in the event of delivery being affected to some person other than the Sender or Recipient, in the event of the Sender, or his agent, or Recipient, not being present to receive and accept delivery of the Goods;
8.6. In the event of the Recipient refusing to accept delivery of the Goods in whole, or in part, or in the event of the Courier being unable to effect delivery by reason of the address of the Recipient being improperly or inaccurately stated and being compelled to return the Goods to the Sender, then the Sender shall be liable for all reasonable costs incurred in the return of the Goods;
8.7. In the event of the Courier being compelled to dispose of such Goods by reason of their perishable nature, or for whatsoever other reason, the Courier shall not be liable for any damage to or loss of such Goods or any loss or damage arising out of the disposal thereof and the Sender shall be liable to the Courier for all costs incurred in connection with the disposal of such Goods;
8.8. The Sender warrants the accuracy of all descriptions, values and other particulars furnished to the Courier and indemnifies the Courier against all claims, losses, penalties, damages, expenses and fines whatsoever arising from any inaccuracy or omission;
8.9. The onus of establishing the condition of Goods at the time of acceptance and delivery thereof by the Courier shall rest on the Sender;
8.10. The signature of the Sender / Recipient or agent or employee of the Sender / Recipient on the Proof of Delivery or Driver Trip Sheet, in acknowledgement of having received the Goods in good order and condition, shall be Prima Facie proof of the Goods having been properly delivered by the Courier in good order and condition.

9. RISK
9.1. The Sender indemnifies and holds the Courier harmless from any damages arising from the Sender’s failure to observe these terms, the conditions of any applicable insurance policy, any legal requirements and any other requirements applicable to the Goods and carriage thereof;
9.2. The Goods will be handled by the Courier at the Sender’s risk. The Courier will not be liable for any damages to such Goods howsoever caused, including but not limited to instances in which the damage arises from the negligent act or omission on the part of the Courier, its employees, sub-contractors or agents.
9.3. The Courier will not under any circumstances be liable to the Sender or any third party for any consequential loss, special damages, or loss of earnings of whatever nature, regardless of the reason. The Sender indemnifies the Courier against such damages and claims;
9.4. The Courier shall not be liable for any loss, shortage or damage, caused by circumstance beyond the control of the Courier;
9.5. Without detracting from this Agreement, the Courier will remain responsible for any damages for which it is statutorily liable.

10. INSURANCE
10.1. All fees quoted by the Courier are exclusive of any insurance premiums. Where the Sender requests insurance, the value of the Goods as indicated on the booking request will apply, for which value an insurance premium will be charged and added to the fees. The Sender will further be liable for any excess payable in respect of any insurance claim;
10.2. The Courier will not effect insurance on behalf of the Sender unless the Sender clearly states the requirement for insurance and declares the value of the Goods on the booking request prior to Collection by / or Delivery to, the Courier, in which case insurance, up to the value of such declaration, will be effected by the Courier on the Sender’s behalf as an additional cost of carriage. Such insurance will be subject to such exceptions and conditions as may be imposed by the insurance underwriter taking the risk, and the Courier will not be required to obtain separate cover for any such exceptions or conditions.
10.3. The Courier will not be under any obligation to obtain separate insurance in respect of separate consignments but may insure all or any such consignments under any open or general policy held by the Courier from time to time. The Sender understands that the fee paid to the insurer for the policy may, therefore, differ in amount and nature from the premium paid by the Sender to the Courier in respect thereof.
10.4. Should the insurer dispute its liability in terms of any insurance policy in respect of any goods, the Sender will have recourse against such insurer only and the Courier will not have any liability whatsoever in relation thereto. Insofar as the Courier agrees to arrange insurance the Courier acts solely as agent for and on behalf of the Sender, and does not warrant that any monies will be paid out by the insurer to the Sender;
10.5. The Courier does not guarantee that insurance will be obtained for the amount requested by the Sender. Please note that cover must be requested prior to releasing the Goods or Consignment to the Courier;
10.6. The Sender understands that it is not obliged to take out any insurance through the Courier, and is entitled to make use of its own insurance or any other insurance policy as it deems appropriate.

11. GENERAL
11.1. If there is any inconsistency between the terms of this agreement and the conditions of any special terms of the order / tender for carriage, then these terms and conditions shall take priority;
11.2. These terms and conditions take priority over any terms and conditions of any subcontractor, long haul carriage partners, cold store partners or air cargo partners;
11.3. The parties choose as their addresses for the delivery of all notices such addresses as notified to the other party in writing;
11.4. The parties consent to the appointment of an arbitrator in any dispute arising as a result of this Agreement and irrespective of the amount of dispute;
11.5. The Sender warrants that the goods are its own property, or that it is properly authorised by the owner of the Goods to enter into this agreement. Any warranties made by the Sender herein are applicable and reiterated by the the Sender upon each instance of carriage and hand over of goods to the Courier;
11.6. The Sender warrants that all information provided to the Courier is true and correct, and that no material information that may otherwise affect this agreement or the Sender’s relationship with the Courier has been omitted;
11.7. No indulgence by The Courier to the Sender will constitute a waiver of its rights;
11.8. Every attempt has been made to ensure that this agreement has been drafted in accordance with all legal requirements. Any non-compliance is not intended. If any provision of this agreement is held to be unenforceable for any reason, such provision will be adjusted, if possible, to achieve the parties’ intent, within legal parameters. If adjustment is not possible, the provision will be deleted, all other provisions will remain valid and enforceable.
11.9. The parties therefore acknowledge that each clause of this agreement is separate. If any clause of this agreement is or becomes illegal, invalid or unenforceable for any reason or in any jurisdiction, it will be treated as if it had not been written. This does not:
11.9.1. Make the rest of the agreement illegal, invalid or unenforceable;
11.9.2. Affect the legality, validity or enforce-ability of the clause in another jurisdiction;
11.10. These written terms and conditions are the whole Agreement between the Courier and the Sender. Neither party is legally obliged to comply with any express or implied term, condition, undertaking, representation, warranty, or promise not recorded in this agreement. This agreement replaces any arrangement or understanding held by the parties;
11.11. The Courier does not lose any of its rights under this agreement if the Courier do not immediately and in every instance insist on them. You many not raise it as a defense if we have a right but not enforce it at the relevant time. For example, if we allow you extra time to pay your weekly payments in one period, it does not mean we have allowed you extra time the next time or any other period.

12. TEMPERATURE CONTROLS
12.1. The Courier transports Goods for collection / delivery at the Set Temperature during the execution of routes or carriage, as the refrigeration units are only set to maintain the Set Temperature of the load;
12.2. For clarification, the freezing point of a substance is determined by its specific chemical composition and will vary from one substance to another, from one package to the next. Refer to Section 15 for a brief breakdown of this process;
12.3. The Courier’s business model is such that the doors of delivery vehicles are opened and closed frequently during the course of carriage. If the Sender’s Goods is sensitive to this operating environment, the Sender would need to rent a dedicated truck for the carriage;
12.4. The Sender must note that incorrect freezing temperatures of Goods can negatively influence temperatures of Goods being transported within the same load or carriage;
12.5. The Sender acknowledge that a thermal barrier will be created for any Goods packaged into any form of packaging, including being palletised, and will not freeze down in this configuration;
12.6. The Sender must ensure that Goods is frozen at the Solid Cooling Phase of the Goods or Product before dispatching via the Courier, as we DO NOT freeze down Goods during carriage;
12.7. The Sender must ensure that Goods is frozen at the Solid Cooling Phase of the Goods or Product before dispatching via the long haul Carriers, as they DO NOT freeze down Goods or Consignments during carriage, whether road or air freight;

13. PRODUCT TEMPERATURE MEASUREMENT
13.1. The only acceptable method of product temperature measurement is invasive (destructive);
13.2. Such method require that the product is physically penetrated by a calibrated and certified temperature probe or needle as per the ‘REGULATION GOVERNING GENERAL HYGIENE REQUIREMENTS FOR FOOD PREMISES & THE TRANSPORT OF GOODS (R638)’;
13.3. No other method will be accepted by the Courier in the case a dispute arise between the Courier and the Sender for temperature deterioration;
13.4. The onus is on the Sender, Consignor and or Consignee to prove actual product temperature;
13.5. In as far as the Courier can be held responsible for product temperature deterioration of Goods upon delivery, it is only applicable if it can be proven that the Courier was negligent during the period from Collection to Delivery based on this Clause;
13.6. If the Sender require specific a specific temperature during carriage, the Sender would be required to rent a dedicated truck for the carriage.

14. COMMUNICATIONS
14.1. The Courier leverage extensive communications to ensure that Goods are collected / delivered successfully. These communications leverage the following technologies:
14.1.1. Electronic Mail (ex. eMail);
14.1.2. Instant Messages (ex. WhatsApp);
14.1.3. Short Message Services (ex. SMS);
14.2. The Courier communicate the following delivery statuses to the Consignee or Recipient:
14.2.1. Delivery Scheduled;
14.2.2. Delivery Dispatched;
14.2.3. Delivery Enroute;
14.2.4. Delivery Completed or Failed;
14.2.5. Collection Scheduled;
14.2.6. Collection Dispatched;
14.2.7. Collection Enroute;
14.2.8. Collection Completed / Failed;
14.2.9. Confirmation of execution to the Sender;
14.3. It is therefore imperative that complete details of the Consignor or Recipient is supplied upon booking;
14.4. The data collected for this purpose is only ever used in the execution of the Service in compliance with The Protection of Personal Information Act (“POPIA”);

15. FREEZING PRODUCE
15.1. The freezing point of a substance is determined by its specific chemical composition and will vary from one substance to another. If the intermolecular forces between its molecules are strong then there is a high freezing point. If the forces are weak, the freezing point is relatively low. The freezing point of a liquid or melting point of solid occurs at the temperature at which the solid and liquid phases are in equilibrium.
15.1.1. Chemical composition – the freezing point of a substance is primarily determined by the type of atoms or molecules it is composed of and the forces of attraction between these particles. Different substances have different freezing points due to their unique chemical properties;
15.1.2. Atmospheric pressure – the freezing point of a substance can be affected by the atmospheric pressure. In most cases, substances freeze at a lower temperature when the pressure is reduced, and they may freeze at a higher temperature when the pressure is increased;
15.1.3. Impurities – the presence of impurities or solutes in a substance can also lower the freezing point. This phenomenon is known as “freezing-point depression” and is commonly observed when salt is added to water to lower the freezing point of ice, which is used for de-icing roads.
15.2. In order for any product that contains water-based liquid to freeze down, it undergo 5 (five) distinct thermodynamic phases:
15.2.1. Liquid Cooling Stage – a pre-cooling and supercooling stage, during which the liquid is cooled from an initial temperature to freezing temperature and then to below the equilibrium freezing temperature, or until crystal nucleation occurs. Time required depends on the volume and freezing temperature.
15.2.2. Nucleation Phase – in thermodynamics, nucleation is the first step in the formation of either a new thermodynamic phase or structure via self-assembly or self-organization within a substance or mixture. In this phase the formation of crystals take place. Nucleation is often very sensitive to impurities in the system. Time required is typically longer than Liquid Cooling stage, and depending on volume and freezing temperature.
15.2.3. Recalescence Phase, during which super cooling drives rapid kinetic crystal growth from the crystal nuclei. This stage ends when the super cooling is exhausted and all the ingredients has reached its equilibrium freezing temperature. Compared to Cooling and Nucleation stages, time required is relatively short.
15.2.4. Freezing Phase, where crystal growth is governed by the heat transfer rate from the water-based liquid to the point where the liquid is completely frozen. Time required is typically the combined time for Cooling, Nucleation and Recalescene phases.
15.2.5. Solid Cooling Phase – a cooling or tempering stage, where the solid ice temperature is reduced to near the brine temperature. Time required is typically the combined time for Cooling, Nucleation and Recalescene phases and continues until the goods achieve equilibrium freezing temperature.
15.3. For water, the benchmark we are using, the freezing point (Liquid Cooling Stage) is 0 degrees Celsius at standard atmospheric pressure (1 atmosphere) or 101.3 kPa with few impurities present. Keep in mind that Johannesburg (Gauteng) is higher than Cape Town, and the average atmospheric pressure is 82.5 kPa. The freeze point value change with variations in pressure, such as at higher altitudes or in extreme conditions;
15.4. Before dispatching any Product or Goods for Carriage, either via the Courier or any other provider of carriage, it should have reached the Solid Cooling Phase applicable to the product.

16. REGULATORY COMPLIANCE
16.1. The Sender shall comply with all applicable laws and Government regulations and directions including those relating to the packing, carriage, delivery or other Service in respect of the Goods, and shall furnish such information and provide such documents as may be necessary to comply with such laws and regulations. The Courier shall not be liable to the Sender for loss or expense due the Sender’s failure to comply with this provision and will indemnify the Courier for any expense incurred by the Sender in so complying.

17. LAW AND JURISDICTION
17.1. Any dispute arising under this Agreement shall be governed by the laws of the Republic of South Africa and shall be determined exclusively by the courts of South Africa or by the court of the Courier’s choice.

18. FORCE MAJEURE
18.1. Where the Courier is unable to carry out any obligation under this Agreement due to any circumstance, matter or thing beyond its reasonable control (“force majeure”), the Courier shall be excused from such obligations to the extent of such prevention, restriction or interference so caused.