STANDARD TERMS AND CONDITIONS OF CONSIGNMENT

  1. Definitions

 

1.1            “the Company” means Big Boy Transport, including all its employees, agents and / or nominees

1.2           “the Customer” means the party contracting with the Company for the Company’s delivery and/or other services as sender, recipient or otherwise.

1.3           “the Goods” means the Goods forming the subject matter of this agreement whether contained in one or more parcels or packages and whether consigned singly or bulk

1.4           “Dangerous goods” means all goods which are specified as such as including hazardous chemical substances as defined in the regulations promulgated pursuant to the Occupant’s Health and Safety Act 85 of 1993 or goods which although not specified in any of the aforesaid are in the reasonable opinion of the Company of a dangerous or hazardous nature.

1.5           “the Excluded Goods” means ammunition, antiques, bank notes, bills of exchange, bonds ,ceramics, coins , documents, explosives, fire arms ,glassware, household goods,  jewellery, paintings ,perishables ,personal effects, pottery, precious stones ,sculptures ,second-hand cargo, securities ,stamps, uncrated goods ,i.e. furniture etc. and unpacked goods.

1.6           “this agreement” means the contract of carriage between the Company and the Customer to which these terms and conditions apply.

2. The Company’s Status

2.1           The Company is not a public or common carrier and under no circumstances shall any strict liability attach to the company.

2.2           The Company hereby reserves the right to refuse any of the items compromising the Excluded Goods or any reason whatsoever.

3. The Company’s Liability for Damage or Loss

3.1           “All services provided in terms of this Agreement including the transport, loading, offloading, packing, storing and  safekeeping of the Goods are performed at the sole and exclusive risk of the Customer”

3.2           Notwithstanding anything to the contract contained herein whether express or implied the Company shall not be liable for any damages (direct or indirect consequential or otherwise sustained by the Customer or by other person arising in any manner whatsoever (even if such damages are caused by the gross negligence or wilful misconduct of the Company’s servants ,employees or agents) directly or indirectly out of loading , offloading, transporting, storing ,non- delivery or late delivery of the Goods and the Customer herebyindemnities the Company against any claim for damages which may or might be preferred against it by any third party or account ofGoods being lost or destroyed in the actual custody of the Company or directly or indirectly under its control.

3.3           The Company and / or its insurers shall not be liable to meet any claim of the Customer.

4. Insurance

4.1           The Company does not offer any insurance whatsoever.

4.2           All Customers are to safeguard Goods by providing their own insurance coverage.

5. Remuneration

5.1           The remuneration payable to the Company by the Customer will be in accordance with the tariff structure provided (plus the relevant documentation fee, fuel surcharges and value added tax thereon) unless otherwise agreed to by the Company.

5.2           The Company shall charge an additional documentation fee in respect of any consignment of the Goods to any country falling outside the borders of the Republic of South Africa.

5.3           Unless otherwise stated amounting accounts shall be payable on presentation Payment shall be made without deduction or set-off and no amount may be deferred or withheld.

5.4           In the event of Goods being not accepted by a consignee for any reason whatsoever.

5.4.1        the Goods shall be held by the Company at the sole risk of the Customer notwithstanding the provisions of clause 4 and

5.4.2        all delivery charge will be levied upon the Customer to cover any such costs.

5.5           In the event of Goods not being accepted by the consignee within a period of 30 (thirty) days of written notice by either the Company or the Customer the following will apply

5.5.1        the Goods will be opened and examined by the Company.

5.5.2        The Goods or any part of the Goods will be sold on such terms and conditions as the Company deems fit and the proceeds of any such sale after deducting all expenses in Connection therewith shall be applied in payment or reduction of any amount due
by the Customer to the Company and any Surplus shall be paid over to the Customer.

 

5.6            To pay consignments of the Goods marked by the Customer for Consignee’s Account on face hereof) shall only be accepted by the Company if the Consignee has an approved ledger account with the Company .The Customer shall remain liable for all charges and other lawful expenses due to the Company in terms of this agreement, should the said charges and expenses not be recovered for any reason whatsoever from the Consignee.

5.7            Unless otherwise stated in writing, all written quotations given by the Company Shall be open to acceptance by the Customer within 3 (three days from date of such Quotation it being recorded that the quotations are given on the basis of immediate
acceptance.

5.7.1        The Company reserves the right to amend any quotation or to charge a different rate should any details furnished by the Customer be inaccurate

5.8            Payment and Account queries are handled in Cape Town at 355 Imam Haroon Road (old Lansdowne road), Lansdowne. Tel: 021 696 8445, Fax: 086 650 9007

5.9            The Company shall have a lien over the Goods which are in its possession as security for all monies owing by the Customer to the Company in terms of this agreement.

6. Route and Procedure

The Company shall in its sole and absolute discretion, determine the means, route and procedure to be followed in handling the transportation of the Goods.

7. Information to be supplied by the Customer

7.1             The Customer shall at the time of entering into this contact provide the Company with:

7.1.1        relevant details and dimensions and masses of the Goods.

7.1.2        the correct and adequate addresses if the point of collection and the point of delivery

7.2            The Customer hereby warrants and undertakes to and in favour of the Company.

7.2.1        the accuracy of all descriptions and particulars furnished to the Company in respect of the Goods.

7.2.2        that the carriage of the Goods will not violate or infringe statute, regulation or law.

7.2.3        that the Goods are the Customers sole property, or alternatively that the Customer is authorized by the person owing the goods to enter into this contract subject to these terms and conditions and the Customer hereby indemnifies the Company against all losses,  damages, expenses claims, fines or their costs which maybe suffered by it arising directly or indirectly from any breach of the afore said warranties.

8. General Provisions

8.1             No alteration, cancellation, variation, waiver of or addition hereto shall be of any force of Effect unless expressly accepted in writing by a director of the Company or a person nominated by the director of the Company.

8.2             No indulgence, leniency or extension of time shown or granted to the Customer Shall in any way prejudice the Company or preclude the Company from exercising any of its rights in   the future