All business undertaken by UTi Sun Couriers Division is subject to the following
terms and conditions:
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1. |
For the purpose of the paragraphs set out below:
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1.1 |
"The Courier" shall mean UTi South Africa (Pty) Ltd, trading as UTi Sun Couriers
Division. The Courier is licensed to act as a Financial Services Provider in terms
of section 8 of the Financial Advisory and Intermediary Services Act 37 of 2002
in terms of FSP number 15025. |
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1.2 |
"Carriage" shall mean all forms of transport and related activities undertaken by
the Courier on behalf of Clients. |
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1.3 |
"The Client" shall mean the party on whose behalf the Courier took possession of
the goods in good faith, whether the sender, the party billed, the consignee, the
true owner, or any other party who can be reasonably held to be the party on whose
behalf the Courier has rendered the service. |
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1.4 |
"The goods" shall mean all packages, parcels or items taken into possession by the
Courier for Carriage on behalf of the Client. |
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2. |
The Courier has a right to refuse to accept for Carriage any goods without giving
reasons for such refusal. It is recorded and agreed that the Courier is not a public
or common carrier. |
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3. |
The Courier will in its sole discretion select the methods of transport and handling
to be used in the Carriage, regardless of the service requested by the sender or
the Client. |
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4. |
The instruction from the Client to the Courier in respect of any Carriage shall
be made on the Courier's official dispatch document form duly completed and tendered
with the goods. If no dispatch document is created, the contents of this clause
shall apply to whatever form of instruction is used in its place, whether a parcel
label, computer diskette or prior written contractual arrangement with the Client.
The person signing the dispatch document, if someone other than the Client hereby
warrants that he/she is duly authorised to order the services of the Courier and
to enter into this agreement for and on behalf of the Client. In the event that
the Client is not the owner of the goods, the Client warrants that it is duly authorised
to enter into this agreement on behalf of the true owner of the goods. |
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5. |
The Courier's charges in respect of the Carriage shall be levied in accordance with
its agreed tariffs, as amended from time to time, unless an alternative agreement
has been committed to in writing and signed by an authorised representative of the
Courier. The Client agrees to be bound by such tariff and amendments. External disbursements
made in respect of the Carriage, including but not limited to, duties and taxes,
shall be recovered at cost from the Client in addition to the Courier's charges. |
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6. |
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6.1 |
The Courier does not carry dangerous goods. The Client is cautioned to avoid tendering
to the Courier, packages containing dangerous or hazardous goods, as any liability
of any nature, and howsoever caused, arising out of the carriage of dangerous goods
will be passed onto the Client. |
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6.2 |
The Client is cautioned to avoid tendering to the Courier, goods which are fragile
or valuable, and should they do so, they are obliged to so pack and label the goods
to minimize the additional risk to which such goods may be exposed. |
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6.3 |
Whether or not the Client has observed the terms of this clause, the Client indemnifies
the Courier against any loss or damage (including consequential damages), arising
out of the Carriage of dangerous or fragile goods. |
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7. |
The Client warrants that it shall not submit for Carriage, radioactive materials,
explosives and livestock and in the event of breach of this provision, indemnifies
the Courier against any loss or damage (including consequential damages) and the
costs of disposal of such goods which the Courier may in the exercise of its sole
discretion undertake at the Client’s risk. |
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8. |
In general terms, save for what is set out in the sub-clauses hereunder, the Courier
hereby either excludes or limits its liability to the Client in respect of the goods
in its possession, in respect of any loss or damage relating thereto, howsoever
such loss or damage is caused, even if caused by the negligence of the Courier or
its employees, agents or sub-contractors in circumstances where vicarious liability
would be applicable. |
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8.1 |
The Courier's liability to the Client in respect of goods in its care shall terminate
when clean receipt is received by the Courier on delivery to the consignee. Clean
receipt shall be deemed to have been obtained by the Courier if the consignee has
not at the time of delivery endorsed any discrepancy on the dispatch document. |
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8.2 |
Subject to what is stated below, the Courier will accept responsibility up to the
declared value for Carriage contained on the dispatch document. Accordingly if a
zero value for the goods is placed on the dispatch note, or no value at all, the
courier accepts limited liability for carriage of the goods in its possession and
does not arrange insurance in respect of same. If no value is declared, the maximum
liability of the courier will be R100,00 for the goods, as in the absence of any
declared value for carriage, the courier assumes this value and charges fees and
insurance premiums based on this amount. |
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8.3 |
Should the Client have declared a value for Carriage, subject to the further provisions
hereunder, the Courier's liability is limited to the proved cost of repair or at
the Courier's discretion, the original purchase cost of the goods damaged or lost,
in neither circumstance to exceed the value declared, as the Courier's fees and
insurance premiums charged to the Client are based on this value declared. |
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8.4 |
Provided that the Client completes the Incidental Costs Insurance request on the
dispatch document and subject to the further provisions hereunder, the Courier also
accepts limited liability in respect of proved costs reasonably incurred as a direct
result of delay of more than six hours in the case of Express Shipments and 24 hours
in the case of Economy Shipments. A value in respect of such costs must be declared
prior to the Courier taking possession of the goods. Liability for fines, penalties
and loss of profits is specifically excluded. |
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8.5 |
The insurance arranged by the Courier in accordance with the preceding provisions
of this clause shall be arranged on the Client’s behalf, insurance premiums
shall be charged to the Client and the cover shall be subject to such exceptions
and conditions as may be imposed by insurers taking the risk and which terms bind
the Client directly. Documentary proof of insurance is available on request from
the offices of the Courier. The Courier’s statutory notice of disclosure to
prospective short term policy holders, which sets out important insurance information
for your protection, is available on our website at www.sun.co.za. It is recorded
that the insurance shall provide cover where applicable under the "Institute
Cargo Clauses A and Strikes (Cargo) Clauses" issued by the London Institute
Underwriters. Rights of salvage and recovery that devolve on the Courier's insurers
shall also devolve on the Courier. |
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8.6 |
The Courier accepts no liability whatsoever, nor shall any insurance cover be arranged
for the following classes of goods, regardless of the Client's declaration in respect
thereof, and the Client indemnifies the Courier against any loss or damage (including
consequential damages) arising out of the Carriage of such goods: |
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8.6.1
Precious stones and metals, jewellery, negotiable instruments; |
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8.6.2
Works of art, heirlooms and other irreplaceable, sentimental or priceless items; |
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8.6.3
Any article exceeding R3 000,00 of value per kilogram of gross mass, regardless
of its contents; |
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8.6.4
Unique articles such as samples whose cost of creation is materially different to
the normal cost of such goods in a production environment; |
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8.6.5
Perishable goods or goods likely to contaminate other goods or attract pests. |
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8.7 |
Should insurers repudiate any claim under the terms and conditions of the insurance
cover arranged on the Client’s behalf, the Courier shall remain liable to
the Client, subject to the limits and exceptions contained in clauses 8.1 to 8.10,
providing that it is proved that the loss, damage or delay in respect of the goods
was caused by the gross negligence of the Courier. |
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8.8 |
The Courier’s maximum liability to the Client in respect of the aggregate of all
claims, losses or damages governed by the preceding provisions of this clause shall
never exceed R100 000,00 per shipment. |
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8.9 |
Notwithstanding any other provisions of this agreement the Courier accepts no liability
whatsoever and howsoever arising, for consequential losses of any kind, whether
or not arising from gross negligence on the part of the Courier, or otherwise. |
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8.10 |
Save in respect of the liability of the Courier as set out above, the Client indemnifies
the Courier against any claims of whatsoever nature which may be made against the
Courier by any other person or entity as a result of the loss, damage or delay in
respect of the goods. |
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9. |
Payment by the Client to the Courier in respect of the services rendered will be
due (if the services were not attended to on a COD basis), within a maximum of 30
(thirty) days from the date of the Courier’s invoice to the Client in respect of
the service. |
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10. |
The Client shall be entitled, during this 30 (thirty) day period, to raise queries
in respect of the Courier’s invoices, which queries the Courier undertakes to resolve
within this period. If no queries are raised within the 30 (thirty) day period by
the Client, the Client will be deemed to have accepted that the Courier’s invoice
is correct and undisputed and therefore that payment by the Client to the Courier
is due. |
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11. |
In the event that any entries on the Client’s invoice are disputed, and queried
by the Client within the time period specified before, this will not absolve the
Client from liability to make payment of all undisputed amounts in respect of such
invoices to the Courier within the 30 (thirty) day time period specified. |
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12. |
Under no circumstances whatsoever will the Client be entitled to withhold payment
of any amount due to the Courier in respect of services rendered by the Courier,
beyond the due date in respect thereof. Without departing from the generality of
the aforesaid, this clause will apply in particular where goods have been lost or
damaged while in the Courier's possession and under no circumstances is the Client
entitled to set off its alleged damages or loss, against any amount due, owing and
payable to the Courier from time to time, in terms of invoices and statements rendered
by the Courier. |
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13. |
Any claims, whether submitted under the terms of insurance arranged on the Courier’s
behalf, or direct claims against the Courier, must be submitted in writing to reach
the Courier at the Courier's chosen domicilium address within 30 (thirty) days of
the date of dispatch in the case of claims relating to Clause 8.4 above and within
60 (sixty) days of the date of dispatch in respect of all other claims. Claims submitted
after this period will irrevocably lapse and be of no force and effect, regardless
of the circumstances of loss or damage. The Client indemnifies the Courier against
any loss or damage, direct or indirect, (including consequential damages), arising
from the Client's failure to observe the terms of this clause. |
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14. |
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, the Courier shall be entitled to sell the goods at a market
related price to defray costs incurred by it, after giving notice of such sale by
registered post to the Client. |
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15. |
The Courier reserves the right to sell any goods belonging to the Client at a market
related price and to apply the proceeds thereof against any arrear indebtedness
of the Client to the Courier arising out of services rendered. The Courier shall
give the Client 14 (fourteen) day’s written notice by registered post, of
such sale. |
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16. |
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 chosen domicilium address. |
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17. |
The Client may instruct the Courier to recover its charges from a third party provided
that the third party is an account holder of good standing with the Courier and
provided the Client has quoted the account number of such third party on the dispatch
document. In the absence of the above provisos, the Courier will ignore the Client's
instruction and charge the Client directly. In the event that the third party referred
to above declines to settle the Courier's charges so raised, the Courier may charge
the Client who undertakes to settle the account in full within the time frames and
parameters set out hereinbefore. |
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18. |
The Client hereby consents to the jurisdiction of the Magistrate's Court in terms
of Section 45 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 High Court of South Africa. |
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19. |
Should any legal action by the Courier be taken against the Client as a consequence
of a breach by the Client of any of the obligations of the Client in terms of this
agreement, then in that event the Client shall be obliged to effect payment on demand
of all Attorney and Client costs incurred by the Courier in taking such legal action,
including collection commission, irrespective of whether proceedings in a Court
of Law have actually been instituted by the Courier or not. |
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20. |
The parties choose as their domicilium citandi et executandi for the delivery of
all Court processes and any other notices hereunder, the address which appears on
the dispatch document. |
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21. |
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. |
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22. |
No addition to, variation of, or agreed cancellation of this agreement shall be
of any force or effect, unless reduced to writing and signed on behalf of both parties. |
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23. |
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 past or which may arise in future. |