Terms and Conditions

  1. These conditions apply to all contracts, business or dealings with the company.
  2. Any business entrusted by the customer to the company may, in the absolute discretion of the company, be fulfilled by the company itself, by its own servants performing part or all of the relevant services, or by the company employing, or entrusting the goods to third parties on such conditions as may be stipulated by, or negotiated with, such third parties for the purpose of such services, or such part thereof as may be employed to carry out.
  3. Notwithstanding anything to the contrary contained herein the customer agrees that all goods shall be dealt with by the company on the terms and conditions, stipulated by the carriers, warehousemen, government departments, and all other parties (whether acting as agents or subcontractors to the company or not) into whose possession or custody the goods may pass, or subject to whose authority they may at any time be.
  4. If the customer is not the owner of the goods in respect of which it deals with the company, it warrants that it is authorized by the owner to deal with such goods and it indemnifies the company against any claim of any nature made by the owner.
  5. All goods handled shall be at risk of the customer (or owner). The company shall not be liable for any loss or damage to any such goods not matter how such loss or damage is caused.
    1. The Company shall not be liable for any loss or damage to such goods or the cause thereof, including where such damage or loss is caused through negligence or gross negligence of the company, its employees or agents.
    2. In the event of the loss or damage set out above, the company shall never the less be entitled to claim all any monies owing by the customer to the company in respect of all previous and current transactions between the customer and company, and the customer shall not as a result of such loss or damage, be entitled to withhold payment of such monies to the company. Any monies due to the customer (or owner) by the company from any alleged claims or outstanding proof of deliveries must be directed through the correct departmental procedure and no monies in lieu thereof may be deducted from the customers (or owners) statement.
  6. The company shall not under any circumstances be liable for any consequential loss.
  7. The customer shall obtain in advance the company’s specific written consent to accept into its possession or control or into the possession or control of any of its servants, agents or employees any goods, including radio-active materials, which may be or become dangerous, inflammable or noxious, or which by their nature may injure, damage, taint or contaminate, or in any way whatsoever adversely affect any person, goods or property, including goods likely to harbour or attract vermin or other pests. The customer warrants that such goods, or the case, crate, box, drum canister, tank, flat, pallet, package or other holder or covering of such goods will comply with any applicable laws, regulations or requirement of any authority or carrier and that the nature and characteristics of such goods and all other data required by such laws, regulations or requirements will be prominently and clearly marked on the outside cover of such goods.
  8. If any such goods are delivered to the company, whether or not in breach of the clauses of 7, such goods may for good reason as the company in its discretion deems fit, without limitation, the risk to other goods, property, life or health be destroyed, disposed of abandoned or rendered harmless or otherwise dealt with at the risk and expense of the customer and without the company being liable for any compensation to the customer or any other party, and without prejudice to the company’s rights to recover its charges and/or fees including the costs of such destruction, disposal, abandonment or rendering harmless or other dealing with the goods. The customer indemnifies the company against all loss, liability or damage caused to the company as a result of the tender of goods to the company and/or out of the aforegoing.
  9. The customer is bound and deemed to warrant the accuracy of all description, values and other particulars furnished to the company for the customs, railage and other purposes. The customer indemnifies the company against all expenses, claims or fines arising from any inaccuracy or omission of description, values or other particulars.
  10. For all purposes hereunder the customer shall be deemed to have in relation to the customer’s business, the goods and the services to be rendered by the company in respect thereto, reasonable knowledge of all matters directly or indirectly relating thereto or arising therefrom including, without limitation, terms of sale, and purchase and all matter relating thereto and the customer undertakes to supply all pertinent information to the company.
  11. The customer warrants that
    1. it is either the owner or the authorised agent of the owner of any goods in respect of which the customer instructs the company and that each such person is bound these trading terms and conditions
    2. all information and instructions supplied or to be supplied by it to the company is and shall be accurate, true and comprehensive, and in particular, without derogorating from the generality of the aforegoing, the customer shall be deemed to be bound by and warrants the accuracy of all descriptions, values and other particulars furnished to the company for Customs, consular and other purposes, and the customer warrants that it will not withhold any necessary or pertinent information, and indemnifies the company against all claims, losses, penalties, damages, expenses and fines, whatsoever, whensoever and howsoever arising as a breach of the aforegaoing whether negligently or otherwise without derogating from the generality of the aforegoing, any assessment or reassessment
    3. in authorising the customer to enter into any contract with the company and/or in accepting any document issued by the company in connection with such contract, the owner, sender or consignee is bound by these terms and trading conditions for itself and its agents and for any parties on whose behalf it or its agents may act, and in particular, but without prejudice to the generality of the aforegoing, it accepts that the company shall have the right to enforce against them jointly and severally any liability of the customer under these trading terms and conditions or to recover from them any sums to be paid by the customer which upon proper demand have not been paid.
    4. all goods will be properly, adequately and appropriately prepared and packed, stowed, labelled and marked, having regard inter alia to the implementation by or on behalf of the company or at its instance of the contract involved, and the characteristics of the goods involved and are capable of withstanding the normal hazards inherent in the implementation of such contract
    5. where goods are carried in or on containers, trailers, flats, tilts, railway wagons, tanks, igloos or any other unit load devices specifically constructed for carriage of goods by land, sea or air (each such device hereinafter individually referred to as “the transport unit”) then save where the company has been given and accepted specific written instructions to load the transport unit
      1. that the transport unit has been properly and competently loaded; and
      2. that the goods involved are suitable for carriage in or on the transport unit; and
      3. that the transport unit is itself in a suitable condition to carry the goods loaded therein and complies with the requirements of all relevant transport authorities and carriers.
  12. The customer shall be liable for any duty, tax, impost, fine or outlay of whatsover nature levied by the authorities at any port, or place in connection with the goods and shall reimburse the company for any such amount dispersed or losses sustained by the company in connection therewith.
  13. The following applies:
    1. The company shall have lien over all goods as security for all monies owing for the handling of goods.
    2. In addition the company shall be entitled to hold all goods as security for any other monies, which may be owing to it, by the customer from any cause whatsoever.
    3. Notwithstanding that credit was originally granted by the company to the customer the company might at any time in its sole discretion retain possession of any goods pending the discharge of all the customers indebtedness to the company whether or not such indebtedness related to the handling of the goods in question.
    4. If any monies owing to the company by the customer are not paid within agreed credit terms after they become due the company shall be entitled without further notice:
      1. To reserve the right to charge the customer interest due by the customer at the maximum permissible rate prescribed by the law from time to time on such amount calculated from due date of payment due of such amount by the customer to the company, compounded monthly in arears.
      2. To open and examine the goods
      3. To sell the whole or any part of the goods in such manner and on such terms and conditions as the company deems fit.
      4. To apply the proceeds of any sale after deducting all expenses thereof in payment or reduction of any amount due the customer to the company provided that any surplus shall be paid over to the customer without interest immediately after the sale, if its address is known and if not, upon demand made by the customer within 90 days of sale.
      5. Upon the sale of goods in terms of (d) (iii) above the company shall be released from all liability to the customer (other than referred to in (iv) above in respect of the goods.)
      6. The company’s rights under this clause are not exhaustive and are in addition to any other rights which it may have against the customer.
      7. Failure by the customer to make payment to the company on or before the due date for payment (as stipulated by the company) in respect of services rendered by the company and the customers, shall result in the customer forfeiting any discretionary discounts allowed by the company.
  14. The customer shall be liable for any unreasonable detention of the company’s vehicle, containers, equipment or the like caused by the customer (or owner) but the company’s rights against any other person remain unaffected.
  15. If any permit:
    1. consent or approval to handle goods is required under any law, byelaw or regulation, none of the company’s duties or obligations shall take into effect unless and until it obtains the relevant permit, consent or approval.
    2. The customer shall provide all assistance and information required by the company for the purpose of applying for the obtaining of any such permit, consent or approval.
  16. When carrying goods the company shall in its sole discretion decide what route to follow.
    1. The company shall not be under any obligation to provide any plant, power or labour which in addition to its vehicles crew is required for loading or unloading of any goods.
    2. Any assistance given by the customer in such loading or unloading shall be at the sole risk of the customer.
  17. The company shall endeavour to effect any insurance the customer timeously and in writing instructs it to effect. Such insurance will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriter taking the risk and the company shall not be obliged to obtain separate cover for any risks so excluded. Unless otherwise agreed in writing the company shall not be under any obligation to obtain separate insurance in respect of separate consignments but may insure all or any of such consignments under any open or general policy held by the company from time to time. Should any insurer dispute its liability in terms of any insurance policy in respect of any goods, the customer concerned shall have recourse against such insurer only and the company shall not have any responsibility or liability whatsoever in relation thereto notwithstanding that the premium paid on such policy may differ from the amount paid by the customer to the company in respect thereof. insofar as the company agrees to arrange insurance the company acts solely as agent for and on behalf of the customer.
  18. The company is entitled to be paid and to retain all brokerages, commissions, allowances and other remunerations customarily paid to or retained by warehouse, carriers, shipping and forwarding agents or insurance brokers. The company shall not be obliged to disclose or account to its customers for any such remuneration received by it from third parties.
  19. Without limiting or affecting any other terms of these trading terms and conditions, goods (whether perishable or otherwise) in care custody or control of the company may at the customer’s expense be sold or disposed of by the company without notice to the customer, sender, owner or consignee, if
    1. such goods have begun to deteriorate or are likely to deteriorate;
    2. such goods are insufficiently addressed or marked;
    3. the customer cannot be identified;
    4. the goods have not been collected or accepted by the customer or any other person after the expiration of 21 days from the company notifying the customer in writing to collect or accept such goods, provided that if the company has no address for the customer such period shall not be necessary, and payment or tender of the net proceeds, if any, of the sale thereof after deduction of those charges and expenses incurred by the company in respect thereof shall be equivalent to delivery of such goods
  20. Should any amount owing by the customer to the company in respect of any referred to in clause 20 become due and payable and remain unpaid, the company shall be entitled and the customer hereby authorises the company and without first obtaining an order of court, to sell all or any of the goods by public auction or on reasonable notice not exceeding 14 days by private treaty. The net proceeds of any such sale, after deducting therefrom all costs, charges and expenses incurred by the company, shall be applied in reduction or discharge as the case may be, of the customer’s obligations to the company in respect of such goods without prejudice to the company’s rights to recover from customer any balance which may remain owing to the company after the exercise of such rights. Should the total amount collected by the company after deduction therefrom all costs, charges and expenses incurred by the company in respect thereof, exceed the full amount of the customers obligations to the company in respect of such goods, the company shall be obliged to refund such excess to the customer.
  21. The company
    1. shall be entitled at any time by notice to the customer to cancel, or resale from any quotation or executor agreement in circumstances where it becomes impractical or uneconomical for the company to carry out the contract at the quoted rate and the customer shall have no claim whatsoever against the company for loss that the customer might incur as a result of the company cancelling or reselling from the quotation or executor agreement.
    2. Without in any way limiting the provisions of clauses 18(a) all quotations and agreements are subject to revision without notice with regards to changes in currency exchange rate and upward movements in amounts payable by or on behalf of or at the instance of the company to third parties, including. Without limitation, freight, surcharges, insurance premiums, equipment rental, and labour which charges and upward movement take place after quotation. Any revision of rates as aforesaid will commensurate with the change in currency auditors of the company or any other auditors nominated by the company who in such determination shall act as experts and not as arbitrator and whose decision shall be final and binding to both parties.
  22. The company shall be under no obligation in respect of any goods which may be recognizable as belonging to its customers unless it has received appropriate instructions in connection therewith together with all the necessary documents.
  23. Any customer (or owner) conducting any packing or other operation or activity in any areas or premises provided by the company shall do so at its own risk and the customer indemnifies the company against all claims or losses arising out of the presence of the customer in such areas or premises.
    1. The customer shall pay the company as per agreed payment term
    2. No credit is allowed in respect of any freight charges and these are payable by the customer in cash on tender of the documents.
    3. The customer shall give the company 60 (sixty) days prior written notification if the customer intends to affect a material change in ownership and control of the customer.
    4. The customer undertakes to give the company 30 (thirty) days prior written notice in the event that it is about to be placed under judicial management or voluntary liquidation. In the event that the customer is placed under judicial management, declared insolvent or placed in liquidation, whether voluntary or compulsory, the customer’s credit facilities with the company will be withdrawn.
    5. The customer undertakes to give the company 60 (sixty) days prior written notice in the event that it intends to amend the service level requirements with the company or to terminate the services of the agreement with the company.
  24. Notwithstanding any prior dealings between the company and the customer, all documents and other matter, including cash, cheques, bank drafts or remittances sent to the company though the post shall be deemed not to have been received by the company unless or until they are actually delivered into the possession of the company by the postal authorities or placed in the company’s post office box if so addressed. In the event of any dispute arising the onus shall be on the customer to prove delivery and the mere proof of posting shall not constitute discharge of this onus or give rise to any interference of receipt by the company.
  25. No variations of these conditions, including this clause shall be binding on the company, unless recorded in writing and accepted by the company in writing.
    1. The expression all goods handled shall include all goods or other property of the customer (or owner), in respect of which the customer deals with the company and which are handled, warehoused, held, controlled, loaded or unloaded, carried or otherwise possessed by the company for any purpose whatsoever.
    2. Goods shall include all goods referred to in …a) above
    3. Dangerous goods shall include those classified as such by Spoornet, the Marine Division of the Department of Transport, or which are considered by the company to be dangerous
  26. If the consignee refuses to accept delivery of the goods or instructs the company to return the goods to the customer because they are defective or for any other reason, the customer shall pay the company’s charges in respect of the return of the goods on demand.
  27. These terms and conditions shall prevail above any of the customers trading conditions unless otherwise agreed to in writing with the company.