Definitions 1.1. “Carriage” means the transportation of goods and related activities undertaken by carrier on behalf of client. 1.2. “Client” means the person instructing the carrier, whether acting on its own behalf, or for a third party. 1.3. “Fees” means the fees charged by carrier for the carriage or attempted carriage of any goods, and includes any further charges and expenses for which client is liable in terms hereof. 1.4. “Goods” means any property being transported by carrier at client’s request or instance. 1.5. “Receiver” means the person reflected on the waybill as the receiver of the goods. 1.6. “Waybill” means the courier’s official dispatch form that indicates, amongst other things, the sender, the receiver and the goods. 1.7. Any rule of construction that an agreement is interpreted against the drafter will not apply.
Carriage 2.1. Client will ensure that each waybill is completed in full, and is clear and legible. Carrier may delay or refuse carriage until such form is completed to its satisfaction. 2.2. Carrier may at its sole discretion refuse to accept for carriage, storage, loading, off-loading, packing, or safekeeping any goods or class of goods. 2.3. Carrier will select the methods of transporting and handling to be used in the carriage. 2.4. Carrier will use reasonable endeavours to comply with client’s requests as indicated in any “special instructions” on the waybill, but does not guarantee that such requests will be met. 2.5. Where client fails to mark a “Yes” or “No” box on the dispatch form, the “No” box will be deemed to have been selected. 2.6. Client undertakes not to submit for carriage, without prior written approval of carrier (which approval may be withheld at carrier’s sole discretion and without reason), any illegal, hazardous, damaging, corrosive, chemical or explosive article or substance, or any substance, including articles of food, likely to encourage vermin or cause infection (“the damaging goods”). 2.7. Client is obliged to acquaint itself with all legal requirements applicable to the goods and carriage thereof, and in particular the carriage of damaging goods, and to ensure that any goods subject to such requirements are packaged correctly, bear the required warning labels, and are accompanied by the necessary declarations. 2.8. Where required to protect its own or a third party’s interests, where required in law, or where client breaches any obligation in respect of damaging goods, carrier may remove, destroy or otherwise deal with any damaging goods and will not be accountable to client for the value thereof, nor will it be liable for any damages sustained as a result of such actions. 2.9. Client undertakes to package goods suitably and appropriately, with due regard for the nature of the goods. In particular, client 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. 2.10. Client warrants that the description of the goods as displayed on the waybill reflects the true description of the goods. Notwithstanding this warranty, carrier and any authorised person will be entitled to inspect the contents of any goods. 2.11. Client warrants that any person instructing carrier is duly authorised to so instruct carrier. 2.12. Carrier’s delivery of the goods to the receiver’s address as indicated on the waybill will be deemed proper delivery, and discharge carrier of its obligations. 2.13. If carrier 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 carrier, or the receiver not being available to receive the goods, reasonable steps will be taken to return the goods to client. In such event, client will be responsible for all costs and expenses incurred. If carrier, despite reasonable attempt, is unable to return the goods to client it will be entitled to sell the goods to defray costs, or destroy or otherwise deal with the goods. Notwithstanding carrier’s dealing with such goods, Client will be and remain liable to carrier for all costs and charges incurred. 2.14. The instruction from client to carrier in respect of any carriage will be in the form of the waybill. No other instructions, whether verbal or written, will be binding on carrier. No employee, agent or contractor of carrier is authorised to vary this term unless s/he is expressly authorised in writing by a director of carrier. 2.15. Client warrants that: consignments of goods are prepared in secured premises; staff employed to handle the goods have received appropriate training and have undergone background checks; goods are protected from unlawful interference between preparation and handover to carrier; and as appropriate, goods have been subjected to all relevant security controls.
Fees 3.1. Carrier 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. 3.2. Carrier’s tariffs and fees are subject to review and adjustment. Any adjustments and consequent amended pricing schedules will be made freely available. 3.3. Fees are due and payable on date of carriage, or otherwise in terms of written payment terms granted at carrier’s discretion. 3.4. Overdue amounts will attract interest at 2% per month, compounded monthly. 3.5. Carrier will be entitled to, without notice, suspend a client’s credit account, and any services to a client, in the event that any fees are outstanding. Such suspension will not operate as a breach, nor give rise to any liability on the part of carrier. 3.6. All fees and charges quoted by carrier are inclusive of VAT unless otherwise indicated. 3.7. Client remains liable to carrier for all fees. Any agreement between client and any third party in respect of payment of the fees will in no way affect this agreement. 3.8. Carrier will have a lien over all goods as security for any fees or charges owing to it by client and will be entitled to retain goods pending payment of any outstanding amounts.
Risk 4.1. Client indemnifies and holds carrier harmless from any damages arising from client’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. 4.2. Goods will be handled by carrier at client’s risk. Carrier 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 carrier, its employees, sub-contractors or agents. Carrier will not under any circumstances be liable to client or any third party for any consequential loss, special damages, or loss of earnings of whatever nature, regardless of the reason. Client indemnifies carrier against such damages and claims. 4.3. Without detracting from this Agreement, Carrier will remain responsible for any damages for which it is statutorily liable
Insurance 5.1. All fees quoted by carrier are exclusive of any insurance premiums. Where client requests insurance, the value of the goods as indicated on the waybill will apply, for which value an insurance premium will be charged and added to the fees. Client will further be liable for any excess payable in respect of any insurance claim. 5.2. Carrier will not effect insurance on behalf of client unless client clearly requires insurance and declares the value of the goods on the waybill prior to collection by carrier, in which case insurance, up to the value of such declaration, will be effected by carrier on client’s behalf. Such insurance will be subject to such exceptions and conditions as may be imposed by the insurance underwriter taking the risk, and carrier will not be required to obtain separate cover for any such exceptions or conditions. Carrier 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 carrier from time to time. Client understands that the fee paid to the insurer for the policy may, therefore, differ in amount and nature from the premium paid by client to carrier in respect thereof. Should the insurer dispute its liability in terms of any insurance policy in respect of any goods, client will have recourse against such insurer only and carrier will not have any liability whatsoever in relation thereto. Insofar as carrier agrees to arrange insurance carrier acts solely as agent for and on behalf of client, and does not warrant that any monies will be paid out by the insurer to client. 5.3. Where client requires insurance, client warrants that it has read and understood the applicable insurance policy, as may be amended from time to time, and will abide thereby, and without limitation understands the applicable limits, general exceptions, claims time periods and exclusions, and further agrees that carrier cannot be held liable in the event of any repudiation. 5.4. Client understands that it is not obliged to take out any insurance through carrier, and is entitled to make use of its own insurance or any other insurance policy as it deems appropriate.
General 6.1. The parties choose as their addresses for the delivery of all notices such addresses as notified to the other party in writing. 6.2. Client warrants that the goods are its own property, or that it is properly authorised by the owner of the goods to enter into this contract. Any warranties made by client herein are applicable and reiterated by the client upon each instance of carriage and hand over of goods to carrier. 6.3. Client warrants that all information provided to carrier is true and correct, and that no material information that may otherwise affect this agreement or client’s relationship with carrier has been omitted. 6.4. Client will be liable for any collection costs, and any legal costs incurred by carrier, on the attorney and client scale. 6.5. This document constitutes the entire agreement between the parties. No addition to, variation or agreed cancellation of this agreement will be of any force or effect unless in writing and signed by carrier. 6.6. No indulgence by carrier to client will constitute a waiver of its rights. 6.7. 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.