CONTRACT FOR CARRIAGE (STANDARD TERMS AND CONDITIONS) between the Customer and DSV Mounties (Pty) Limited PO Box 393, Bergbron, 1712 | 1 Picaroon Street, Laser Park, Honeydew, 2107 Registration No.: 1989/004006/07 | VAT No. 4260213873 | Tel.: +27 10 222 1051 To be completed in black pen by an authorised signatory. Please return the original to DSV Mounties (Pty) Limited CONTRACT FOR CARRIAGE All business undertaken by the Courier is subject to the following terms and conditions: 1. For the purposes of the contract for carriage: 1.1. “the Courier” shall mean DSV Mounties (Pty) Ltd only, and no other Division of DSV South Africa (Pty) Ltd. 1.2. “carriage” shall mean all forms of transport and related activities undertaken by the Courier on behalf of Customers in respect of the goods. 1.3. “the Customer” shall mean the party on whose behalf the Courier took possession of the goods in good faith, whether that is the sender, the party billed, the consignee, the true owner or any other party with an interest in the goods or on whose behalf the carriage has taken place. 1.4. “the goods” shall mean all packages, parcels, or items taken into possession by the Courier for carriage on behalf of the Customer. 2. It is agreed that the Courier is not a public or common carrier. 3. The Courier has the right to refuse to accept any goods for carriage, and will in those circumstances furnish the Customer with reasons for such refusal. 4. The Courier will be entitled to select the appropriate methods of transport and handling to be used in the carriage, but in doing so, will have regard to the type of carriage requested by the Customer. 5. The instruction from the Customer to the Courier in respect of any carriage shall be made on the Courier’s official contract for carriage / dispatch document fully and accurately completed at the time that the goods are received by the Courier. The person signing the contract for carriage / dispatch document, if someone other than the Customer, confirms that it is duly authorised to order the carriage by the Courier and to conclude this agreement on behalf of the Customer. In the event that the Customer is not the owner of the goods, the Customer hereby confirms that it is duly authorised to enter into this agreement on behalf of the true owner of the goods. 6. The Courier publishes its tariff of charges in respect of carriage, and amends same, from time to time and it is agreed that the Courier is entitled to charge the Customer in accordance with such published tariff, as amended from time to time. If the Courier and the Customer conclude a separate agreement on specific charges in regard to the carriage, different to such tariff, then such separate agreement will only be binding on the parties when reduced to writing and signed by both parties. If the Courier is obliged to pay any disbursements in respect of the carriage, it is agreed that the Courier may recover such disbursements from the Customer, in addition to the tariff or agreed charges in respect of the carriage. 7. The Customer shall pay the Courier in respect of the carriage within a maximum of 30 (thirty) days from date of the Courier’s invoice to the Customer. If the Customer fails to do so, the Courier may charge the Customer interest on overdue amounts at the then prevailing legal mora interest rate. 8. The Customer may raise queries on the Courier’s invoice during this 30 (thirty) day period and the Courier will resolve such queries during this period. If no queries are timeously raised, the Courier’s invoice is deemed correct and undisputed. 9. Even if queries are raised by the Customer which are not resolved within the 30 (thirty) day period, that Customer is liable to pay within the 30 (thirty) day period, all undisputed items on the Courier’s invoices. 10. The Customer is not entitled to withhold payment of any amount due to the Courier beyond the due date for payment. The Customer is not entitled to set off any alleged damages or loss which the Customer has suffered in respect of the goods against any amount due, owing and payable to the Courier. 11. The Customer 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. 12. The amount owing by the Customer to the Courier at any time, inclusive of interest, if applicable, will be prima facie proved by a Certificate of Balance signed by any director of the Courier, which Certificate of Balance will render the amount owing by the Customer a liquidated amount, and such Certificate of Balance will be sufficient for purposes of provisional sentence, default judgment or summary judgment, with the onus of disproving the amount contained in the Certificate of Balance falling on the Customer. 13. Exclusions and Limitations of Liability 13.1. The Courier will be liable to the Customer for physical, direct losses and damages in respect of the goods, if such physical direct losses or damages are caused directly by the negligence or fault based conduct or omissions of the Courier, from the time that the Courier takes possession of the goods until the time that the Courier correctly delivers the goods to the designated consignee. 13.2. Correct delivery to the designated consignee will be deemed to have taken place when the Courier receives a signed proof of delivery from the consignee confirming receipt of the goods without any discrepancy in respect of the goods being noted on the proof of delivery. 13.3. The Courier is not liable for any physical direct losses and damages in respect of the goods, or for delays in delivery or failure to perform services, which are caused by Acts of God, including but not limited to floods, fires, earthquakes, abnormal weather conditions, strikes, labour unrest, embargoes, civil commotion, war, riots, acts of terrorism, hijackings and any other acts beyond the reasonable control of the Courier. 13.4. The Courier does not know the nature and value of the goods it receives for carriage. Accordingly, the Courier is entitled to assume that all goods handed to it for carriage are worth R250,00 or less in value, and the Courier bases its charges (including a liability surcharge) on such assumed value. 13.5. The Customer accordingly agrees that the maximum liability of the Courier to the Customer in respect of goods handed to the Courier for carriage shall not exceed R250 per shipment, unless the Customer has in advance of the carriage disclosed to the Courier in writing, by declaring on the face of the contract for carriage / dispatch note, or by logging the value electronically, that the goods are worth more than R250 and that the Customer accordingly requires the Courier to accept liability for a greater amount. 13.6. If the Customer requires the Courier to accept a greater liability than R250 per shipment, then the Courier will only accept such greater liability if the Customer pays an additional liability surcharge in respect of the shipment. 13.7. If the Customer’s goods are lost or damaged whilst in the possession of the Courier, the Courier will be liable to pay to the Customer the proved cost of repair, or the purchase/replacement cost of the goods, whichever is the lesser amount, but if the Customer did not declare a greater value for the goods prior to carriage, then the maximum liability of the Courier to the Customer for loss or damage will be the assumed valued of the goods, being R250,00 per shipment. 13.8. If the Courier is liable to pay any amount to the Customer for loss or damage in terms of the preceding clauses, then the Courier shall have the right of salvage in respect of those goods, and the Customer shall be obliged to reasonably assist the Courier to exercise such salvage right. 13.9. The Customer is also able to declare in writing on the face of the contract for carriage / dispatch note, the value of any incidental cost which may be incurred by the Customer if caused as a direct result of the Courier’s delay, of more than 6 (six) hours in the case of express shipments, and a delay of more than 24 (twenty four) hours in the case of economy shipments. Again, if such declared incidental cost is declared by the Customer, the Courier will accept liability for the declared incidental cost, subject to the Courier charging the Customer an additional liability surcharge. 13.10. If the Customer does not declare an incidental cost value prior to carriage, the Courier will not be liable for any incidental costs incurred by the Customer, including but not limited to fines, penalties, loss of profit and the like. 13.11. Subject to Clause 12.1 the Courier’s liability to the Customer for physical direct loss or damage to the goods is also subject to the exclusions set out in the “Institute Cargo Clauses A and Strikes (Cargo) Clauses” issued by the London Institute Underwriters as amended by them from time to time. 13.12. The Courier’s maximum liability to the Customer for direct losses or damages in relation to the carriage or goods in the Courier’s possession, custody or control Version November 2020 Initials / Signature:_______________________ Page 1 of 2 | www.za.dsv.com
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