STANDARD CONDITIONS OF CARRIAGE All business undertaken by Fly It Express Couriers is subject to the following Terms and Conditions:           1. For the purpose of the paragraphs set out below: 1.1 "the COURIER" shall mean Fly It Express and shall include any of its agents, sub agents, independent contractors, holding, subsidiary, affiliate or associate companies. 1.2 "the CARRIAGE" shall mean all forms of carriage and related activities undertaken by the COURIER on behalf of clients. 1.3 "the CLIENT" shall mean the party reflected on the waybill or the credit application as the sender of the goods. 1.4 "the WAYBILL" shall mean the COURIERís official Dispatch Note or Dispatch Sheet or in the case of computerised dispatch sender systems, the Handover List or computer disk containing the client's instructions. 2. The COURIER has the right to refuse to accept for carriage any goods without giving reasons for refusal. It is recorded that the COURIER is not a public or common carrier. 3. The COURIER will in its sole discretion select the methods of transportation and handling to be used in the CARRIAGE of the goods. The COURIER does not warrant that the CLIENT'S request as to "service options" or "special instructions" as detailed in the WAYBILL, will result in any specific method of transportation of the goods being employed by the COURIER. 4. If the COURIER uses the services of a third party in respect of the transportation of the goods, only those conditions of carriage imposed by that third party which are more favourable to the CLIENT and are not less favourable to the COURIER than the conditions contained herein shall apply to the CARRIAGE by the nominated third party. 5. The COURIER's charge for its services are set out in the COURIER's official tariff document applicable from time to time. A copy of this document is available on request. Customs and other statutory payments made by the COURIER on behalf of the CLIENT, including, but not limited to, import duty, surcharge, or Value Added Tax, shall be charged at cost to the CLIENT and proof of expenditure shall made available by the COURIER at the CLIENTís request. 6. The COURIER'S tariff of charges is subject to review by the COURIER who will furnish notice to the CLIENT which shall be binding within 7 days on the CLIENT. 7. Telephone calls to Voice Track - 072 376 8899 will be charged at cellular rates. 8. INSURANCE 8.1 The COURIER's liability to the CLIENT in respect of goods in its care shall terminate on bona fide delivery to the consignee nominated by the CLIENT, unless the consignee, at the time of delivery brings to the attention of the COURIER in writing, any loss or damage to the goods. 8.2 Subject to what is stated below, the COURIER will accept responsibility up to the value of the goods declared on the WAYBILL. If no value is declared, the maximum responsibility that will be accepted is R50,00. 8.3 Compensation shall be limited to replacement or repair of lost or damaged goods, or payment of the cost of replacement or repair. The COURIER will not be responsible for consequential losses of any kind. 8.4 Maximum compensation shall be the lesser of the amount of the loss or damage and the value declared for carriage. 8.5 The COURIER or its insurer shall retain any rights of recovery or salvage, and the conditions imposed by the insurers contracted to the COURIER shall apply to any claims made in terms of the COURIER's responsibility. 8.6 The maximum compensation in respect of any single shipment of goods shall be R10 000,00 if insurance is required. 8.7 For insurance cover exceeding R10 000,00, please contact the Courier for a written quote to effect cover. 8.8 The Courier accepts no liability for loss of or damage caused to cellular phones. 8.9 The COURIER accepts no responsibility in respect of and will not pay compensation in the event of loss or damage to jewellery, precious stones and metals, negotiable instruments, or any article exceeding RI 000,00 of the value per kilogram of gross mass, irrespective of the contents. 8.10 In respect of the following classes of goods, the COURIER will deem the value for carriage to be half the actual value declared: 8.10.1 clothing; 8.10.2 fashion goods and accessories; 8.10.3 cosmetics; 8.10.4 electronic equipment 8.11 Where goods shipped are samples, or articles made on a "one off basis", costs of replacement or repair shall be deemed to be the equivalent cost of the article were it to have "normal" production status. CLIENTS are advised to arrange insurance cover for the real replacement cost of such articles. 9. The COURIER's responsibility described in clause 8 will be underwritten by means of an insurance policy, and the COURIER and CLIENT shall be bound by the terms and conditions thereof, copies of which will be supplied to the CLIENT on request. It is recorded that this policy includes the "Institute Cargo Clauses A and Strikes (Cargo) Clauses" issued by the London Institute of Underwriters. 10. Any claims in terms of clause 8 and 9 against the COURIER for loss or damage to goods must be submitted in writing to the COURIER by the CLIENT by registered post at the COURIER's address chosen in 19, within four months of the date stated on the COURIER's waybill document. Claims submitted after this period will be repudiated on the grounds of late submission regardless of any other circumstance of loss or damage. The CLIENT indemnities the COURIER against any loss or damages, direct or indirect, (including consequential damages) arising form the CLIENT's failure to observe the terms of this clause. 11. If the COURIER is unable for any reason to effect delivery of the goods, reasonable steps will be taken to return the goods forthwith to the CLIENT. The CLIENT shall be responsible for the costs of carriage, attempted delivery and return of the goods. If the COURIER is unable to effect return of the goods, as a result of any fault on the CLIENT's part, it shall be entitled to sell the goods at a market related price so as to defray costs incurred by it after giving notice of such sale by registered post to the CLIENT. 12. The COURIER reserves the right to sell any goods belonging to the CLIENT at a market related price and to apply the proceeds thereof in reduction of the CLIENT's indebtedness, The COURIER shall give 14 days written notice by registered post to the CLIENT of such sale. 13. The instruction from the CLIENT to the COURIER in respect of any carriage shall be made on the COURIER's official waybill form duly completed and tendered with the goods. No other instruction, whether verbal or written, shall be binding on the COURIER. No employee of the COURIER is authorised to vary this condition. 14. The CLIENT shall remain responsible to the COURIER for all charges until they are paid. The COURIER shall not collect any monies at the time of delivery and no employee of the COURIER is authorised to do so. All payments made by the CLIENT or any third party on behalf of the CLIENT, shall be made free of any deduction or set off to the COURIER at its address chosen in 19. 15. Any amounts payable by the Sender to the COURIER shall be paid at the COURIERíS offices (or at such address as the COURIER may notify the Sender in writing) in cash, without deduction or set off 15.1 within 30 days after date of statement in respect of those CLIENTS to whom the Company has previously agreed to grant credit. 15.2 in all other cases, on demand. 16. If the CLIENT wishes the COURIER to collect any payments due by the CLIENT from a third party, the CLIENT must at the time of requesting the COURIER to deliver the goods on its behalf ensure that: 16.1 The third party is an account holder of the COURIER; 16.2 Must quote that third party's account number and name on the dispatch document. If the CLIENT fails to do so the COURIER will ignore the CLIENT's instruction and the COURIER will bill the CLIENT directly, or at the COURIER's discretion will refuse to move the goods tendered by the CLIENT for delivery until proper billing instructions are received from the CLIENT. Should the third party nominated by the CLIENT as the debtor decline to settle the COURIER's charges, the COURIER will charge the CLIENT for the services rendered, who will settle the COURIER's charges on demand. 17. DANGEROUS / HAZARDOUS GOODS 17.1 Unless otherwise agreed to in writing, the CLIENT warrants that the Goods are fit to be carried in the ordinary way and are not dangerous. 17.2 Unless otherwise agreed to in writing, the Company shall not handle any dangerous, corrosive, noxious, hazardous, inflammable or explosive Goods or any Goods which in its opinion are likely to cause damage. 17.3 The CLIENT hereby indemnifies and holds harmless the Company against all loss, damage, injury, howsoever caused, arising out of the carriage of the Dangerous Goods for carriage whether declared as such or not. 17.4 Should the Company agree to accept Dangerous Goods for carriage: 17.4.1 The CLIENT shall furnish with the Goods a written declaration of their nature and content; 17.4.2 such declaration shall define the precise respects or circumstances in which the goods are dangerous; and 17.4.3 the CLIENT shall ensure that the Goods shall be properly and safely packed by the CLIENT and shall bear the warning labels and declarations required in terms of the laws and regulations applicable to the transportation of Dangerous Goods, including without limiting the generality of the aforegoing Regulations of Hazardous Chemical Substances, 1995 published in terms of Section 43 of the Occupational Health and Safety Act 85 of 1993 and the requirements of the Road Traffic Act 29 of 1989. 17.5 If in the opinion of the COURIER any goods, whether they have been declared as dangerous or not, become a danger to any person or property, the COURIER shall be entitled immediately and without notice to the CLIENT to dispose of the Goods in question or to take such steps as it in itís sole discretion deems prudent to avert danger. In such event the company shall: 17.5.1 not be liable under any circumstance for any loss or damage (whether direct or indirect or consequential) sustained by the CLIENT as a result of such disposal or other steps; and 17.5.2 still be entitled to recover from the CLIENT its remuneration for the carriage of those goods together with any costs incurred by it in disposing of them or taking other steps. 18. The CLIENT hereby consents to the jurisdiction of the Magistrate's Court in terms of Section 28 of the Magistrate's Court Act, No 32 of 1944 as amended, for all claims that the COURIER may have against the CLIENT. This clause does not preclude the right of the COURIER to institute any action in the Supreme Court of South Africa. 19. The parties choose as their domicilium citandi et executandi for the delivery of all Court processes and any other notices hereunder, the address which appear on the waybill. 20.1 This agreement constitutes the sole record of the agreement between the parties. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein. 20.2 No addition to, variation of, or agreed cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties. 20.3 No relaxation or indulgence which any party may grant to any other shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in future.
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