In these terms and conditions: a) “Company” shall mean StreetPOst Send and Receive Couriers.b) “Customer” or “Client” shall mean any individual, company or other body at whose request or on whose behalf the Company undertakes or provides and business or service. c) “Goods” shall mean all documents, parcels or freight consigned by the Client and accepted as such by the Company. The Company is not a common carrier and as such will only carry goods subject to these terms and conditions. The Company reserves their right to refuse the carriage of any goods, for any client, at its sole and absolute discretion.
a) The Goods are accepted subject to the conditions stipulated by all other carriers and parties into whose possession or custody they may pass as if the same had been included herein provided that if there is any conflict between any such conditions, the terms herein contained shall prevail. b) The Company shall, at is sole discretion, select the appropriate methods of transportation and handling to be used in the carriage of the Goods, subject to payment in accordance with the rates notified to the Customer from time to time. c) The Company shall only carry goods which is the property of the Customer and shall not be liable for any loss, damage, costs or expenses which may occur as a result of breach of this warranty. In the event that the Goods are not the property of the Customer, the Customer warrants that it is duly authorized to enter into this agreement on behalf of the true owner of the Goods.
3. Unacceptable Goods
The Company will not accept or in any way have been deemed to have accepted any prohibited item which shall include, but not be limited to all goods and materials, the carriage of which is prohibited by any laws, rules and regulations applicable to the carriage including but not limited to dangerous and hazardous, combustible or explosive materials, silver and gold bullion, coins, cyanides, precipitate or any form of un-coined gold and silver ore, platinum and other precious metals, precious and semi precious stones including commercial carbons or industrial diamonds, currency of any nationality, negotiable securities, stocks, bonds, un-cancelled postage, revenue postage or revenue stamps, war savings or thrift stamps, blank or endorsed cheques, money orders or travelers cheques, antiques, livestock or plants, illegal narcotics, or other contraband.The Company reserves it rights to deal with any prohibited consignment as it sees fit, including but not limited to the right to abandon carriage and is it further expressly agreed that the Client will have no course of recourse against the Company and is the Company accordingly indemnified against any claims, losses or damages suffered as a result hereof.
The Company has the right to open and inspect any Goods without the prior consent of the Client.
a) The packaging of the customer’s goods, including the placing of such goods into the packaging which may be supplied by the Company, shall be the sole responsibility of the Customer. The Company shall accept no responsibility for any loss or damage to goods cause by inadequate or inappropriate packaging. b) It shall be the sole responsibility of the Customer to properly address each consignment of Goods to enable effective delivery to be made. The company shall not be responsible for any delay caused by the Customers failure to comply with these obligations.
6.1. The company shall not, in any circumstances, be liable for any loss or damages to goods for non- delivery or mis-delivery, whether on grounds of breach of contract or negligence, unless it is proved that the loss, damages, non-delivery or mis-delivery occurred whilst the goods were in the actual custody of the Company and under its actual control6.2. Subject to the terms of clause 6.1 above, the Company shall not be liable to the Customer for any loss or damage which the Customer may suffer from any cause whatsoever, unless:a) Such loss arises from gross negligence on the part of the Company.b) The Customer gives notice, in writing to the Company for damages claimed by it or, it is impossible to quantify such damages at that stage, notifies the Company in writing of the nature of the claim within 3 (three) days of despatch of the relevant goods to the Customer.6.3. No liability of the Company to the Customer, however it may arise, even if by way of negligence, shall exceed the value declared by the Customer for insurance, customs or carriage purposes, or ZAR50.00, or its equivalent, per consignment, whichever is lower. 6.4. The company shall not be liable for any consequential damages. Consequential damages shall be deemed to include without restrictions, commercial, financial or other direct loss including loss of interest or utility.6.5. It shall be the Customers sole responsibility to obtain insurance should it be required for damages in excess of what it could claim in terms if these conditions.
7.1. Under no circumstances whatsoever shall the Customer be entitled to withhold payment of any amount due to the Company in respect of services rendered by the Company beyond the due date.7.2. Should payment not be received timeously or as agreed upon between the parties, the Company reserves its rights to cancel any agreement (credit or otherwise) it may have with the Customer, and demand payment of all outstanding invoices as due on date of cancellation. 7.3. The Company confirms its right of retention over any Goods which may at the time be under its control or in its possession and shall be entitled to retain such Goods until payment of all invoices / outstanding amounts have been received.7.4. Unpaid tax and duty shall automatically be billed to the Customer.
8. Delayed Shipments
The Company will make every reasonable effort to deliver the Goods according to its regular delivery schedule, but these are not guaranteed and do not form part of the contract. The Company is not liable for any damages or loss caused due to delays.
9. Circumstances Beyond the Company’s Control
The Company is not liable for an loss or damage arising out of circumstances beyond its control. These include but are not limited to: - “Act of God” e.g. cyclone, earthquake, storm, flood, fog; “Force Majeure” – e.g. war, plane crash, or embargo; riot or civil commotion, any act or omission by a person not employed or contracted by the Company e.g. Shipper, receiver, third party, customs or other government official; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.
The Customer hereby consents to the jurisdiction of the Magistrates Court in terms of Section 45 of the Magistrates Court Act of 1944 as amended, for all claims the Company may have against the Customer. This clause does not preclude the Company from instituting action in the High Court of South Africa.
The Customer shall pay the Company for all claims, fines, penalties, damages and attorneys’ fees, on a scale as between attorney and client, and any other ancillary costs, incurred by the Company by reason of enforcement of its rights, breach, or any other default committed by the Customer.
The parties chose as their chosen domicilium citandi et executandi for delivery of all notices and court process, the addresses as stated on the front of this document.
13. Applicable Law
This contract shall be deemed to have been concluded in the Republic of South Africa and as such south African law shall govern the construction, validity and performance of this agreement.
14. This agreement constitutes the entire agreement and no party shall be bound by any express or implied terms, representation, warranty, promise or otherwise not recorded herein.
15. The person signing the Company’s documentation, if other than the Customer, hereby warrants that he/she is duly authorized to order the services of the Company and to enter into this agreement for and on behalf of the Customer. The customer hereby undertakes to indemnify the Company and exempts it against all damages, costs and expenses resulting from any breach of this warranty.