Standard Trading Conditions
"The Transport" shall mean all forms of collection, transport or delivery of goods and related activities undertaken by Speed Services Couriers on behalf of the Customer.
"The Customer" shall mean the party described in these Standard Trading Conditions and/or the party reflected on the waybill as the sender of the goods whether on his own behalf or in his capacity as an agent for a third party.
"The Waybill" shall mean a printed document completed by the Customer as a written instruction to Speed Services Couriers for the transport of the goods.
"The Tracking Label" shall mean the printed label, attached to the item to be shipped by the Customer, which contains written instruction to Speed Services Couriers for the transport of the goods.
"The Goods" shall mean any postal article, parcel or item accepted by Speed Services Couriers for transport.
Transport and handling of goods
Speed Services Couriers does not conduct its business as a public carrier, does not accept and will not have the liability of a public carrier, but conducts the business of speed transport.
2.1 Speed Services Couriers may, at its sole discretion, refuse to accept for transport, storage, loading, off-loading, packing, safekeeping, delivery or for any other purpose, goods or any class of goods, and shall not be obliged to furnish any reason for such refusal, nor be liable for any loss or damage suffered as a result of such refusal.
2.2 Speed Services Couriers shall, at its sole discretion, select the method of transport and handling of the goods.
2.3 Speed Services Couriers may, at its sole discretion, employ the services of a third party or a sub-contractor to transport goods on such conditions as may be agreed upon between Speed Services Couriers and the third party or sub-contractor. In the event of Speed Services Couriers employing such third party or sub-contractor, Speed Services Couriers shall under no circumstances be liable for loss or damage occasioned by any act or omission of such third party or sub-contractor, unless the Customer has requested Speed Services Couriers to insure the goods;
2.4 If Speed Services Couriers employs the services of a third party or a sub-contractor to transport goods:
2.4.1 The terms of these Standard Trading Conditions shall remain in full force and effect;
2.4.2 The goods are accepted, subject to the conditions stipulated by such third party or sub-contractor. In the event of there being any conflict between any such conditions and the conditions of these Standard Trading Conditions, the latter shall prevail.
Packaging, valuable, dangerous and restricted items
The Customer shall adequately pack and prepare all goods tendered to Speed Services Couriers for transport. Should items be damaged in transit due to inadequate packaging the delays which may result cannot be assigned to be the responsibility of Speed Services Couriers and the Customer shall remain liable for full payment of all tariffs due.
3.1 The Customer shall avoid tendering to Speed Services Couriers exceptionally fragile items such as glass, glassware, mirrors, pottery, crockery, china, cast-cement, plaster or asbestos, or partially finished products or similar goods of a fragile nature or valuable items such as bullion, coins, precious stones, jewellery, valuables, antiques, pictures, bank notes, securities, other valuable documents or articles, livestock and plants. If the Customer does tender such items, he shall pack and label such goods so as to minimise the risks to which such goods may be exposed.
3.2 The Customer undertakes not to tender for transport without the prior written consent of Speed Services Couriers, any goods likely to cause damage including, but not limited to any dangerous, noxious, corrosive, flammable or explosive article or substance, or any article or substance likely to cause injury or infection or to encourage vermin. The Customer further undertakes that insofar as any part of the consignment contains dangerous goods, such part is properly described by name and is in proper condition for carriage by air according to the applicable Dangerous Goods Regulations, and the Air Services Licensing Act (Act 115 of 1990).
3.3 In the event of Speed Services Couriers consenting in writing to the transport of any goods of the nature as set out in clause 3.2., the Customer warrants that such goods shall be packed and bear such warning labels as are required by applicable legislation. Such goods shall further be accompanied by the necessary declarations that may be required by law. Such packaging, warning labels and declarations shall in no way exempt the Customer from any liability in respect of loss or damage caused to any person or property during the handling and transport of such goods.
3.4 Should circumstances demand, Speed Services Couriers may at its sole discretion destroy or otherwise deal with the goods of the nature as set out in clause 3.2. Speed Services Couriers shall in that event not be liable to the Customer for any loss or damages suffered and shall be entitled to claim from the Customer, the reasonable costs of dealing with such goods.
3.5 The Customer indemnifies Speed Services Couriers and any third party or sub-contractor employed by Speed Services Couriers against any loss, damage or injury to any persons or property however caused, arising from the transport of goods of the nature as set out in clause 3.2, or arising from the Customer's failure to observe any of the conditions of clause 3.
4. Speed Services Couriers shall be entitled to amend its tariffs without prior notice to the Customer, but whenever possible, shall notify the Customer of such amended tariffs.
5. Speed Services Couriers 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 all expenses, apply the proceeds thereof in payment of or towards the Customer's indebtedness. In the event of Speed Services Couriers 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 Speed Services Couriers against all claims arising from any actions of Speed Services Couriers referred to in this clause.
6. Speed Services Couriers' official waybill and/or tracking label duly completed and tendered with the correctly addressed goods, shall constitute the instruction by the Customer to Speed Services Couriers. No other instructions, whether verbal or written, shall be binding upon Speed Services Couriers. Futhermore, Speed Services Couriers may not be held accountable for any service failures resulting from incorrectly addressed items or instruction, in which instance full service charges shall be payable by the Customer.
7. A Proof of Delivery (POD) may be requested to confirm delivery by Speed Services Couriers only for "to Counter" and "to Door deliveries". A Proof of Delivery is not available for PO Box or Private Bag addresses. A Proof of Delivery is only available for a maximum period of 3 (three) months after delivery.
Risk, liability and insurance
8. Speed Services Couriers' assignment and liability in respect of the goods in its care shall terminate on delivery at the address indicated on the item, according to the service type as confirmed on the tracking label. In the event of an unqualified acceptance of the goods, upon delivery being signified by signature, no claim for loss and/or damage will thereafter be entertained by Speed Services Couriers. Where deliveries are specified to Post Office Boxes or Private bags by the Customer, Speed Services Couriers are specifically excluded from any form of liability in terms of these Standard Trading Conditions.
8.1 The goods are transported at the Customer's risk and Speed Services Couriers shall not be liable for loss or damage to such goods or for any consequential loss resulting from loss of or damage to or delay in making delivery of any goods.
8.2 In the event of the goods not being insured and Speed Services Couriers being notified in writing at the time or expected time of delivery, of damage to or loss of the goods, the liability of Speed Services Couriers per consignment, if Speed Services Couriers may in law be held liable for such loss or damage, shall be:
8.2.1 If the value of the goods has not been declared by the Customer, the maximum liability of Speed Services Couriers shall be limited to R50-00 (Fifty Rand);
8.2.2 If the value of the goods has been declared, limited to the lessor of the value declared by the customer on the waybill or the amount of the actual loss suffered, up to a maximum of R500-00 (Five Hundred Rand) (inclusive of VAT) per consignment, subject thereto that such liability shall not exceed the manufactured cost of the goods.
8.3 In the event of the Customer declaring the value of the goods, requesting insurance, and having paid the premium due, the transport of such goods will be underwritten by means of an insurance policy and Speed Services Couriers and the Customer shall be bound by the terms and conditions of such insurance policy. The Customer further indemnifies Speed Services Couriers in the event of the insurer repudiating liability. Any claims raised against such policy more than one (1) calendar month after acceptance for shipment by Speed Services Couriers shall no longer be deemed valid. Items specifically excluded in this provision and for which Speed Services Couriers will accept no liability nor arrange any insurance cover include jewellery, bank notes, precious stones etc. (see clause 3)
9. The Customer warrants that the goods to be transported by Speed Services Couriers are his property, or that he is duly authorised by the rightful owner thereof to tender such goods for transport.
10. The Customer indemnifies Speed Services Couriers against any claims of whatsoever nature for any loss suffered by any third party arising from the Customer's negligent or willful acts, omissions or inaccuracies relating to the Standard Trading Conditions.
11. The Customer hereby irrevocably authorises Speed Services Couriers to, without prior reference to the Customer, contest any claims brought by any third party arising from any act and/or omission of the Customer in relation to these Standard Trading Conditions and further indemnifies Speed Services Couriers against any cost reasonably incurred in this regard, subject thereto that in the case of a settlement of any such dispute, the Customer's consent which will not be unreasonably withheld, will first be obtained. The Customer will give his full co-operation to Speed Services Couriers in contesting or settling such dispute.
12. The Customer warrants the accuracy of all descriptions, values and other particulars furnished on the waybill and any other documentation accompanying a shipment, as required for customs, consular or other purposes. The Customer further indemnifies Speed Services Couriers against all losses, damages, expenses, fines and penalties arising from any inaccurate description or detail given or omitted by the Customer, even if this is not due to any negligence on his part.
Goods for export
13. Where goods are for export to a country other than South Africa, the Customer shall be obliged to supply all supporting documentation, and a full description of the goods contained in the shipment, as is required in terms of customs regulations. In addition the Customer undertakes not to tender for carriage any items which are restricted by customs regulations either in the Sender's or the Receiver's countries. Speed Services Couriers furthermore reserves the right in terms of Customs' regulations, as outlined in Jacobsons Customs and Excise Tariff, chapter 7 - clauses 99 through 100, to open and inspect the contents of any shipment which they believe to have been incorrectly declared and may not be held accountable for any delays which may result.
14. The parties consent in terms of section 45 of the Magistrate's Court Act, No. 32 of 1944 to the jurisdiction of the Magistrate's Court having jurisdiction in respect of their person with regard to any legal proceedings in connection with or arising from the execution of these Standard Trading Conditions, irrespective of the amount involved. This consent shall not preclude Speed Services Couriers to proceed through any other court of its choice. The Customer shall be liable for all legal costs, including all collection commission, which may be incurred by Speed Services Couriers arising from any legal proceedings between it and the Customer, on the scale as between attorney and own client.
15. Speed Services Couriers shall be entitled to amend its Standard Trading Conditions from time to time without prior notice.