STANDARD TRADING TERMS AND CONDITIONS
- In these terms and conditions, “Company” shall mean PMC Express (Pty) Ltd and/or its associated companies and agents.
- “Customer” shall mean any person at whose request or on whose behalf the Company undertakes or provides any business or service.
- Any business undertaken by the Company is undertaken 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 the Customer. The Company shall not be bound by any agreement purporting to vary these conditions unless such agreements are recorded in writing and signed on behalf of the Company by a competent officer thereof. In the absence of any such written agreement to the contrary, these terms and conditions shall constitute the entire agreement between the Company and each of its customers.
- The Customer’s goods are accepted also subject to the conditions stipulated by all other carriers and parties into whose possession or custody they may pass as if the same had been included therein. Provided that if there is any conflict between any such terms and conditions and these terms and conditions, the latter will prevail.
- The Company is not a common carrier and will only carry documents or goods subject to these terms and conditions, which can only be altered as per clause 3 above. The Company reserves the right to refuse the carriage and transport of any documents or goods for any person, firm or company and the carriage or transportation of any class of document or goods at its absolute discretion.
- The Company undertakes, subject to payment in accordance with the rates notified to the Customer from time to time, to carry the Customers documents or goods by any route or procedure and by successive carriers and according to its own handling, storage and transportation methods.
- The Company will notify customers, from time to time, of any materials that are not acceptable by the Company for carriage. The Company reserves the right to inspect the documents or goods consigned by its Customer, to ensure that all documents or goods are capable of carriage to the destination within the standard operating procedures and handling methods of the Company. In making this reservation, the Company does not warrant that any particular item to be carried is capable of carriage and delivery without infringing the law of any country or state from, to or through which the item may be carried.
- The packing of the Customers documents or goods for transportation is the Customers responsibility including the placing of the documents or goods in any container, which may be supplied by the Company. The Company accepts no responsibility for loss or damage to the documents or goods caused by inadequate or inappropriate packaging. It is the sole responsibility of the Customer to adequately address each consignment of documents or goods to enable effective delivery. The Company shall not be liable for any delay in forwarding or delivery resulting from the Customers failure to comply with its obligations in this regard.
- The Customer is liable for all losses, damages and expenses arising as a result of its failure to comply with its obligations under this agreement or as a result of the Customers negligence.
- The Company will only carry documents or goods that are the property of the Customer and the Customer warrants that it is authorised to accept and is accepting these conditions not only on behalf of itself but also as an agent for and behalf of all persons who are or hereafter may become interested in the documents or goods. The Customer hereby undertakes to indemnify the Company against any damages, costs and expenses resulting from any breach of this warranty.
- The Company is responsible for the Customers documents or goods whilst they are within its custody or control and shall be liable (subject to clause 12) for loss sustained by the Customer due to damage to or loss of the documents or goods whilst in the Company’s custody, provided that such loss or damage was due to the gross negligence of the Company, its servants or agents. Save as aforesaid the Company shall be under no liability in respect of the documents or goods carried by it and in particular shall not be liable for consequential loss however the same should arise. The parties agree that consequential loss shall be deemed to include without restriction commercial, financial or other direct loss including loss of interest or utility. 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 that are beyond the control of the Company.
- 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 ZAR50.00, or its equivalent, per consignment. For the purpose of establishing the amount of liability under this clause, the value of a document or goods shall be ascertained by reference to the replacement or reconstitution value at the time and place of shipment without reference to their commercial utility to the Customer and other items of consequential loss.
- If insurance is requested but no value is declared, the documents or goods will be insured to a maximum value of ZAR1000.00 and the appropriate premium will apply. The Company shall not be liable for any consequential damages and it shall be incumbent on the Customer to arrange special insurance, should it require cover for loss or damage in excess of what it would claim in terms of these conditions.
- Any claim brought by a customer against the Company in respect of duties and liabilities must be notified by the Customer to an office of the Company in writing within seven (7) days of the date of dispatch of the documents or goods from the Customer.
- The Company will not carry (in addition to those items mentioned in clause 5 above) dangerous, hazardous, combustible or explosive materials, gold and silver bullion, coin, dust, cyanides, precipitate or any form of un-coined gold and silver ore, bullion, platinum and other precious metals, precious and semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any denomination or nationality, negotiable securities, stocks, bonds, certificates, un-cancelled postage or revenue stamps, war savings or thrift stamps, blank or endorsed bank cashiers cheques, money orders or travellers cheques, antiques, pictures, livestock or plants and in the event that any customer consigners such items with the Company, the Customer shall indemnify the Company against all claims damages and expenses arising in connection herewith and the Company shall have the right to deal with such items as it shall see fit including the right to abandon carriage of the same immediately upon the Company having knowledge that such items infringes these conditions. The right of inspection referred to in clause 7 shall also apply for the purposes of this clause.
- The Company is not an air transport undertaking within the Warsaw convention of 1929 and subsequent air carriage treaties and legislation. The Company acts as an agent for its Customers when consigning documents or goods with a particular airline for onward carriage and without prejudice to its general right of abrogation hereunder. The Company shall have the right to recover compensation from any airline for loss, damage or expense incurred by any Customer on behalf of that Customer.
- Without prejudice to its other rights, the Company shall have a lien over the goods for its charges and expenses in connection with or as a result of or by reason of carrying out or exercising by the Company of its obligations.
- The Company is entitled to any discounts obtained and to retain and be paid all brokerages, commissions, allowances and other remunerations of whatsoever nature and kind and shall not be obliged to disclose or account to the Customer for any such remunerations received by it nor shall the Company be obliged to pass on the Customer the benefits of any reduced tariffs.
- The Customer hereby consents to the Company processing its Personal Information to the extent that such Personal Information is necessary for purposes of discharging its obligations in terms of this Agreement.
- The Customer may withdraw their consent, or object to the Company processing their Personal Information at any time.
- The Company shall ensure that it will Process Personal Information only for purposes of discharging its obligations in terms of the Agreement or such other purposes as the Customer may consent to from time to time, and the Company shall not process any Personal Information for any other further purposes which the Customer, as the case may be, has not consented to.
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