Terms & Conditions
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SUMMARY OF GENERAL TERMS AND CONDITIONS: COURIER SERVICES
The client is advised to request and read the full “General Terms and Conditions: Courier Services” available on request from the 3@1 Franchisee/Outlet, including THE special conditions relating to dangerous, perishable, high value and/or fragile goods, the details of which are summarised below:
“courier” means the courier service provided by the 3@1 Franchisee/Outlet to the Customer for the transport of goods in terms of these general terms and conditions, relating to the receipt, collection, transport and delivery of the goods, and all related activities undertaken by the 3@1 Franchisee/Outlet in the performance of the courier service.
NO VARIATION OF CONDITIONS
The handling of the goods shall be subject only to the conditions stated herein. Should the Customer purport to attach any conditions which vary, amend or are in conflict with the conditions set out herein, then, the conditions set forth herein shall prevail and be of full force and effect unless accepted by the 3@1 Franchisee/Outlet in writing.
MANNER OF COURIER SERVICE
The 3@1 Franchisee/Outlet shall, determine the methods of transport, handling and route for the courier of the goods;
The 3@1 Franchisee/Outlet reserves the right to employ sub-contractors or agents to act for it, in which event it shall have no responsibility or liability to the Customer for any acts or omissions of third parties; and the terms and conditions stipulated by such third parties in respect of the courier services shall be binding on the Customer; and it shall be suitably indemnified against all costs in respect of any necessary action to contest, defend and/or compromise against any claim/action brought by a third party in respect of any act or omission of the Customer in relation to the goods.
The remuneration payable to the 3@1 Franchisee/Outlet by the Customer shall be in accordance with it’s standard tariffs calculated on: the chargeable weight of the goods and/or the destination of the goods and/or the service level selected by the Customer for the courier of the goods;
The 3@1 Franchisee/Outlet’s standard tariffs are subject to review by it without prior notice to the Customer;
The Customer shall be liable for any duty, tax, fine or other outlay of whatsoever nature levied by authorities at any port or place in connection with the goods;
The 3@1 Franchisee/Outlet shall be entitled to make an additional charge to cover any expenses arising from the taking out or obtaining of any necessary licences or permits;
The 3@1 Franchisee/Outlet shall be entitled to recover from the Customer or Consignee any additional charges incurred, due to circumstances outside of its control including but not limited to natural disasters, strikes, lock-outs and other such occurrences necessitating a change in the routing of the courier of the goods;
Payment shall be made:
By the Customer, who does not hold an account with the 3@1 Franchisee/Outlet – in full, upon receipt of goods and signature of the waybill;
By the Customer, who holds an approved account – in strict accordance with the applicable trading terms thereof;
By the Consignee – goods shall only be accepted for courier where the Consignee holds an approved account with the 3@1 Franchisee/Outlet, which account is in good standing, and where the Consignee has provided its written authorisation for it’s account to be used for the Courier of the goods;
no cash on delivery consignments will be accepted by the 3@1 Franchisee/Outlet;
Notwithstanding the provisions of 4.6 above, the Customer shall remain liable to the 3@1 Franchisee/Outlet for all charges and lawful expenses incurred in providing the courier service, should such charges/expenses not be recovered from the Consignee, or in the event of the Consignee failing to pay the related charges for any reason whatsoever.
PAYMENT OF THE REMUNERATION
Payment shall be effected in cash or electronic funds transfer into the 3@1 Franchisee/Outlets nominated bank account;
The 3@1 Franchisee/Outlet shall be entitled to appropriate all payments made by the Customer towards the payment of any debt/obligation of whatsoever nature, owing by the Customer to it, irrespective of when or how such debt arose;
Interest will accrue on all payments not made on due date at the rate of 2% per month from the due date for payment to the date on which payment is effected;
The Customer may not raise any claim, dispute or counter-claim as a reason for deferring payment and may not withhold any payment or set-off any claim or counter-claim which it may wish to raise against the amount charged by the 3@1 Franchisee/Outlet for the courier of the goods.
As security for all monies owing, the 3@1 Franchisee/Outlet shall have a lien over all goods and all repayments, refunds, claims or recoveries in its possession or control; and/or shall be entitled to hold all goods as security for any monies owing to it by the Customer; and/or may at any time, at its sole discretion, retain possession of any goods pending the discharge of all the Customer’s indebtedness to the 3@1 Franchisee/Outlet, howsoever arising; and In the event that it retains possession of the goods in terms herof, it shall be entitled to store the goods at such place as it deems fit, at the Customer’s expense; and it shall not be liable for any loss, damage or deterioration of such goods while in storage
If any monies owing to the 3@1 Franchisee/Outlet are not paid within 30 days after they are due, then it shall be entitled to open and examine the goods and/or to sell the whole or any part of the goods, and/or to apply the proceeds of any sale, after deducting all expenses thereof, in payment or reduction of any amount due by the Customer to the it, provided that any surplus shall be paid over to the Customer immediately after the sale, or upon demand made by the Customer, within 90 days of the sale;
The 3@1 Franchisee/Outlets rights under this clause are not exhaustive and are in addition to any other rights which it may have against the Customer.
CUSTOMER WARRANTIES AND INDEMNITIES
The Customer is bound by and warrants, in favour of the 3@1 Franchisee/Outlet, who is hereby indemnified and held harmless in respect of any expenses, claims, fines, damages arising from the courier of the goods, in respect of the accuracy of the Consignee’s name, details, address for delivery, descriptions, values and other particulars furnished to it by the Customer; and/or that the courier of the goods will not violate or infringe any Act, regulation or Law; and/or that the goods are the Customer’s sole property, alternatively, the Customer is authorised by the owner, to enter into the agreement for the courier of the goods.
CONDITION OF GOODS
The onus of proving the quantity, type, physical properties, composition and/or condition of the goods and/or the condition of any container thereof, at the time of receipt thereof by the 3@1 Franchisee/Outlet shall strictly at all times remain with the Customer. The parties agree that it is the presumption that the condition of the goods at the time of delivery to the Consignee is the same as at the time that the 3@1 Franchisee/Outlet received the goods from the Customer.
CONDITIONS OF COURIER
The goods shall be carried at the sole risk of the Customer/owner, who hereby exempts the 3@1 Franchisee/Outlet from, and indemnifies it against, all liability of whatsoever nature, subject only to * below, arising directly or indirectly from handling of the goods, including but not limited to any liability for direct and/or consequential loss or damages arising from the loss of the goods and/or damage to the goods and/or the failure to collect or deliver the goods timeously, adequately or at all or from or to the correct address and/or from any other cause arising, whether from breach of contract, negligence or gross negligence, on the part of the 3@1 Franchisee/Outlet, its servants, agents, employees or otherwise;
In the event that the Customer suffers any damage or loss which is directly attributable to any act or omission by the 3@1 Franchisee/Outlet, it may, at its sole discretion, re-imburse the Customer the tariff and related charges and costs charged by the 3@1 Franchisee/Outlet to the Customer in respect of the courier of the goods;
The Customer is required to ensure that it has communicated any special conditions, instructions or requirements for the courier of the goods, including delivery and/or storage instructions, time sensitive documents etc clearly and legibly in writing on the waybill. No other instruction, whether verbal or written, shall be accepted as binding;
Any limited liability of the 3@1 Franchisee/Outlet, as set out above, shall terminate on the delivery of the goods to the Consignee.
The 3@1 Franchisee/Outlet shall, only if requested to do so in writing by the Customer, effect insurance on any goods carried by it for and on behalf of the Customer in terms hereof, at the Customer’s expense, subject to the usual exceptions and conditions of insurance held by the it, and subject to the necessary and required insurance declarations as to the nature and value of the goods.
*The 3@1 Franchisee/Outlet shall not be required to effect a separate insurance on each consignment.
Should insurer dispute any liability for any reason, Customer shall have recourse against the insurer only.
This agreement, read together with the detailed General Terms & Conditions available on request by the Customer, and the signed waybill in respect of the courier service, constitutes the sole record of the agreement between the parties.
No addition to, variation of or agreed cancellation of this agreement shall be of any force or effect unless recorded and accepted by the 3@1 Franchisee/Outlet in writing.
INDULGENCE AND WAIVER
No relaxation or indulgence which the 3@1 Franchisee/Outlet may grant to the Customer shall constitute a waiver of its rights and shall not preclude it from exercising any of its rights which may have arisen in the past or which might arise in the future.
Any dispute about this agreement, including any dispute about its validity, existence, interpretation, rectification, breach or termination or any dispute about any matter arising out of this agreement, its avoidance, interpretation, rectification, breach or termination shall be determined according to the laws of the Republic of South Africa.
The parties hereto consent in terms of Section 45 of the Magistrate’s Court Act, No 32 of 1944, to the jurisdiction of the magistrate’s Court of South Africa in any action that may arise from the agreement between the parties.
ADDRESSES FOR SERVICE
The parties choose as their respective address for service in respect of all notices or court processes in respect hereof their address as set out on the waybill.