COURIER SOLUTIONS TERMS AND CONDITIONS OF CARRIAGE
All business undertaken by Courier Solutions (Pty) Ltd is subject to the following terms and conditions to all services of the Company, whether gratuitous or not:
When purchasing Courier Solutions “services” you, as the “Shipper” are agreeing, on your behalf an on behalf of anyone else with an interest in the shipment that the Terms and Conditions shall apply from the time Courier Solutions accepts the shipment.
- On this waybill, “we”, “our” and “us” refer to Courier Solutions (Pty) Ltd. “You” and “your” refers to the “Shipper”, its employees, principals and agents. If the Shipper is not the owner of any goods of which it transacts with Courier Solutions, it warrants that it is authorized by the owner to transact with such goods and it indemnifies Courier Solutions against any claim of any nature made by the owner.
- “Goods” means and includes any documents, parcels or freight accepted for carriage by Courier Solutions that travel under one waybill and maybe carried by means Courier Solutions chooses, including air, road or any other carrier.
- All instructions from the Shipper must be given in writing in advance.
- Insurance remains the prerogative of the Shipper. Courier Solutions can arrange 100% reimbursement insurance covering the value in respect of loss of or damage to the shipment, provided that the Shipper so instruct Courier Solutions in writing, including by completing the insurance section on the front of the waybill or by paying Courier Solutions through EFT system for the applicable insurance premium before the shipment is handed over to Courier Solutions. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays. Ask the Courier Solutions personnel assisting you on how to have comfort with your shipment in transit. Don’t Regret!!! Pay Insurance. Declare your actual value of your shipment on the waybill or provide the purchase invoice before the shipment gets in transit. No change of shipment value later! NB: Our maximum reimbursement per waybill if the shipment has not been insured is strictly P1200.00. The onus is with you to enjoy our Goods In Transit (GIT) cover as soon as you pay insurance before shipment gets in transit.
- Shipper agrees that its shipment is suitable for transportation and is deemed unacceptable if:
It is hazardous material, dangerous, prohibited and/or restricted by IATA (International Air Transport Association) or any related control sector or relevant association/ authority.
No customs declaration is made when required by appropriate customs rule.
- Courier Solutions declares that it cannot carry any of these items safely or lawfully (such items includes but are not limited to: animals, money, bearer from negotiable instruments, precious metals and stones, fire arms, parts thereof and ammunition, inflammable, radioactive, perishables, human beings remain/parts, any living species, pornography and unlawful drugs).
- Courier Solutions has the right to refuse to accept for carriage any goods without giving any reasons for refusal. It is recorded that Courier Solutions is not a public or common carrier. Therefore, Courier Solutions has the right to open and check a shipment without prior notice to the Shipper. All shipments will only be transported upon satisfactory inspection and whenever security checks may also be requested by any authority. The Shipper warrants that the goods are not prohibited by government regulations.
- While the Company will endeavour to adhere to delivery times, it accepts no responsibility to do so when passing through customs, regulatory inspections, involved in accidents or natural disturbances/ disasters. We shall make any reasonable effort to deliver the shipment according to our delivery schedules, except when delivery expedition arrangements were pre-agreed prior on collection instructions.
- Unless credit terms are agreed to by the Company, the Company disbursements, duties and all applicable taxes are payable by the Sender/ Receiver before shipment is taken out for delivery/ collected by the receiver. The Sender will be responsible for payment of the freight, taxes or other expenses on demand, if they are not paid by the consignee or other persons immediately when due.
- The Shipper shall be liable for all costs incurred in the recovery of any monies hereunder, including collection charges and attorney as client costs, whether incurred prior or during the institution of legal proceedings, or if judgement has been granted, in connection with the satisfaction or enforcement of any such judgement.
- Nothing herein contained shall be deemed to constitute the Company a Bailee or Depositee. Under no circumstances shall any strict liability attached to the Company.
- The Sender irrevocably accepts the mass and dimensions of the parcel that is determined by the Company and waives any rights Sender may have had to dispute such details. Courier Solutions charges the greater of the volumetric/ actual weight and any shipment may be re-weighed and re-measured to confirm the correct weight calculation.
- The Company is authorized to:
Appoint such third parties as the Company may consider necessary for the purpose of procuring the forwarding of any shipment to its destinations on such conditions as may be stipulated by third parties by which the Shipper agrees to be bound. Shipper agrees that Courier Solutions deciding on its sole discretion on what route to follow, including the possibility that the shipment maybe carried via intermediate stopping places which Courier Solutions deems appropriate.
Disburse such amount on behalf of the Shipper as may be agreed with any third party by the Company in its sole discretion, and to recover amounts disbursed from time to time from the Shipper. The Shipper agrees that the Company shall have no responsibility to the Shipper for any act or omission of whatsoever type on the party of any such third party, nor shall the Company be obliged to take any action against such third party.
- Courier Solutions liability is strictly limited to direct loss only, is limited to its actual cash value and should not exceed the greater of BWP1200.00 (unless you paid insurance for full cover) or for certain international shipments in which the Warsaw Convention applies, approximately USD20.00 per kg or equivalent, depending on the applicable law. All other types of loss or damages are excluded (including but not limited to loss of profits, income, interest, future business), whether such damage is special or indirect, and even if the risk of such carriage by air, road or other mode of transport, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise. Passports, Visas and the like are transported at the Shipper’s risk.
- If the shipment is transported by air and involves a stop and or destination in a country other than the origin country, the Warsaw Convection is applicable; will govern and in most cases limits Courier Solutions’ liability for loss or damage. Claims are limited to one claim per shipment (waybill), settlement of which will be full and final settlement for the loss or damage in connection therewith:
All claims must be submitted in writing to Courier Solutions with fifteen (15) days from the date that Courier Solutions accepted the shipment, failing which Courier Solutions shall have no liability whatsoever.
All of the original shipping cartons, packaging and contents must be made available for Courier Solutions inspection and retained until the claim is concluded.
Notwithstanding anything contained to the contrary herein, the Company shall not be obliged to comply with its obligations hereunder in any respect whatsoever for as long as the Shipper is indebted to the Company in any amount whatsoever whether arising out of this contract or otherwise.
- The Shipper shall be liable for any unreasonable detention of Courier Solutions vehicles, equipment or the like caused by the Shipper, but Courier Solutions rights against any other person remain unaffected especially due to false declaration of the contents of the shipment.
- Shipper warrants that:
The goods are accurately described and the air waybill has been fill out correctly and completely.
The goods are adequately packaged, protected and addressed correctly to enable delivery to take place with ordinary care and handling. We do not deliver to P.O. Boxes.
The Shipper has complied with all laws, rules and regulations regarding carriage.
The waybill has been signed by the Shipper’s authorized representative and the Terms and Conditions continue binding and enforceable obligations of Shipper.
- Any dispute arising under or in anyway connected with the Terms and Conditions shall be subject to the nonexclusive of the jurisdiction of the courts of and governed by the law of the country of origin of the shipment.
- Also subject to the standard trading conditions of the South African Shipping and Forwarding Agents Association (copy available on request).
- No variations of these conditions shall be binding on Courier Solutions unless recorded in writing and accepted by Courier Solutions in writing.
- Once signed overleaf, this represents the entire agreement between the parties.