STANDARD TRADING CONDITIONS OF POSTEX MAIL COURIERS cc
1. The word “Company” shall hereinafter refer to Postex Mail Couriers cc.
2. The word “Customer” shall hereinafter refer to any person, company or organization at whose request or on whose behalf the Company undertakes or provides any service.
3. Any business undertaken by the Company is carried out subject to the conditions hereinafter set out, each of which shall be deemed to be incorporated in and to be a condition of any agreement whether written, oral or implied between the Company and a Customer.
4. The Company reserves the right to refuse the carriage or transportation of any documents or goods for any Customer at its absolute discretion.
5. The Company undertakes subject to payment in accordance with rates notified to the Customer to carry the Customers documents or goods between destinations agreed between the Company and the Customer. The Company reserves the right to carry the Customers documents or goods by any route and procedure and by successive carriers and according to its own handling, storage and transportation methods.
6. The Company will notify the Customer from time to time of any materials which are not acceptable by the Company for carriage. The Company reserves the right to inspect the documents or goods consigned by the Customer to ensure that all documents and goods are capable of carriage to the destination within the standard operating procedures and handling methods of the Company.
7. The packaging of the Customers goods or documentation for transportation by the Company is the Customers responsibility. The Company accepts no responsibility for loss or damage to documents or goods caused by inadequate packaging. It is the sole responsibility of the Customer to address adequately each consignment of documents or goods to enable effective delivery to be made. The Company shall not be liable for delay in forwarding or delivery resulting from the Customers failure to comply with its obligations in this respect.
8. The Company will only carry documents or goods which are the property of the Customer and the Customer warrants that it is authorized to accept and is accepting these conditions not only on behalf of itself but also on behalf of all other persons who are interested in the documents or goods.
9. The Company is responsible for the Customers documents or goods whilst they are within its custody and shall be liable subject to clause 10 hereof for loss sustained by the Customer due to damage or loss of documents or goods whilst in the Company’s custody provided that such loss or damage was due to the negligence of the Company, its servants or agents. The Company shall not be liable for any loss or damage incurred by the Customer due to any delays in the carriage or delivery of documents or goods which are beyond the control of the Company.
10. The liability of the Company under these conditions shall be limited to the payment by the Company by way of damages of a sum not exceeding R100.00 per consignment. For the purpose of establishing the amount of liability under this clause, the value of documents or goods shall be ascertained by preference to their replacement or reconstitution value at the time of transportation without reference to their commercial utility to the Customer and other items of consequential loss.
11. If insurance is requested, the Customers documents or goods will be insured to a maximum of R1000.00 and the appropriate premium will apply. The Company shall not be liable for any consequential damages and it shall be incumbent to the Customer to arrange special insurance should it require cover for damages in excess of what it could claim in terms of these conditions.
12. Any claim brought by the Customer against the Company shall be notified in writing by the Customer to the office of the Company within 30 days of the date of dispatch of the documents or goods from the Customer.
13. The Company shall not carry dangerous, hazardous, combustible materials, gold bullion, silver, diamonds, ore , platinum, radioactive materials, cyanides, precipitates of any form, precious metals, semi precious stones, commercial carbons and currency of any nationality. In the event that the Customer consigns such items to the Company for transportation, the Customer shall indemnify the Company for all claims, damages and expenses arising in connection therewith and the Company reserves the right to deal with such items as it sees fitting.
14. The Company reserves the right to amend its tariffs on an annual basis commencing on 1 March each year.
15. The Company reserves the right to retain goods tendered by the Customer for transport in lieu of monies due to it by the Customer and shall be entitled to sell such goods either by public auction or private treaty and after deducting expenses, apply the proceeds thereof in payment of or towards the Customers indebtedness. In the event of the Company retaining goods as aforesaid, it shall give fourteen (14) days written notice by registered mail to the Customer of its intention to sell. The Customer indemnifies the Company against all claims arising from any such actions referred to in this clause.
