Please correct the errors below:
Intertown Transport (the Company) shall not be a public or common carrier in relation to the carriage of goods forming the subject of these conditions and any goods carried are accepted subject to the conditions herein. Under no circumstances shall any strict liability attach to the Company. No amendment or consensual cancellation and/or variation of any of the provisions or terms hereof and no extension of time or waiver or relaxation of any provisions of this agreement shall be binding unless recorded in a written document signed by a duly authorized Director of the Company and a duly authorized representative of the Customer. All business undertaken including advice, information or service provided by the Company shall be subject to the conditions set out and each condition shall be deemed to be incorporated in and to be a condition of this Agreement between the Company and the Sender of the goods. These conditions cannot be changed either by oral, written undertaking or promise by any employee of the Company before or after receipt of these conditions. Goods are accepted subject to the conditions stipulated by all other carriers, sub-contractors, handlers and any other parties into whose possession or custody they may pass to finalize and deliver goods that come into their possession.
The Company reserves the right to transport the goods received from any Customer and/or Consignor by any means at its disposal and may use any carrier to perform its duties. All goods that require forwarding to facilitate delivery may be held at the Company's discretion and the Customer and/or Consignor's cost until suitable delivery arrangements can be arranged. The Company is entitled to use independent parties to perform any of the functions required for completion of its duties. The Company shall have no responsibility or liability to the Customer and/or Consignor for any act, or omission of such third party even though the Company may be responsible for the payment for such third parties charges. The Company however reserves the right to, at its sole election, take action on behalf of the Customer and/or Consignor should the independent carrier fail to carry out its duties suitably. The costs associated with taking such action would be for the account of the Customer and/or Consignor and are payable on demand.
The customer shall be obliged to give any instructions to the Company timeously and in writing in order to afford the Company a reasonable opportunity to comply with such instructions, but the Company shall be entitled, but not obliged, to act on oral instructions alone. If there is a conflict between any oral or written instructions or between the various written instructions themselves, or in the absence of instructions, the Company shall determine the course to be adopted, in its sole discretion, having regard to the Customers known requirements, if any, and if not it is recorded that Overnight Service shall be the default service selected. Notwithstanding that the Company may purport or attempt to act on any instructions, no liability shall attach to the Company for failure, whether negligent or otherwise, to perform such instructions. The Company shall be entitled to recover its charges and/or expenses including those incurred acting in terms hereof.
All quotations,rtes,tariffs and surcharges are subject to withdrawal or revision by the Company at any time. The Company shall be at liberty to revise all quotations,rates,tariffs or surcharges with or without noticing cases where the Company's costs are affected by any of its suppliers and may do so without notice to the Customer. Charges are calculated on the basis of either actual or volumetric mass, and for purposes of rating, the greater of the two calculations is deemed to be the chargeable mass for the purposes of measuring the volume, mass and/or dimensions of any package. The measurements as calculated by the dimensions machinery and/or company representative will be regarded as conclusive proof of the volume, mass and/or dimensions of the package so measured. Only written quotations provided by the Company will be valid.
If any goods have not been accepted or collected by the Consignee and/or its nominee within a reasonable time after the tender thereof, and for the purposes thereof notification to the Consignee and/or its nominee of the fact that the goods are available for collection or that the Company is willing to deliver the goods shall be deemed to be a good and sufficient tender, the Company shall notify the Customer at its domicillium citandi et executandi and, after the expiration of ten (10) days from the posting to that address of such written notice and unless the Customer shall give the Company instructions to redeliver the goods, at the Customer's expense, the Company shall be entitled and authorized irrevocably and in re suam, to sell or dispose of the goods and retain from the proceeds the charges, expenses and costs incurred in the carriage thereof.
The Company and /or its nominee reserve the right to open and examine any goods tendered to fulfill security obligations at any time. Should the Customer and/or Consignor fail to settle his obligations to the Company, the Company shall have the right, without notice to the Customer and/or Consignor, to sell either by public auction or private treaty, and at its entire discretion the whole or part of the goods and to apply the proceeds of any such sale, after deducting all expenses accruing in payment of or towards any sum due by the Customer, and/or Consignor to the Company and to pay the Customer and/or Consignor any surplus, without interest, within sixty (60) days after such sale whereupon the Company shall be released of all liability whatsoever in respect of the goods carried. The clause outlined above shall not prejudice any common law rights in respect of non-payment by the Customer and/or Consignor of the Company's remuneration. Any charges that may be incurred by the Company in respect of the storage, sales or disposal of the goods and the compilation of any documents relating thereto shall be incurred on an attorney and own client scale.
If it is necessary for an examination to be conducted by the Company in respect of any discrepancy in the goods which are landed from any vessel, aircraft, vehicle or container, no responsibility to comply with any regulations, laws and/or obligations pertaining to the goods remains that of the Customer and/or Consignor, notwithstanding the contractual relationship between the Company and Customer and/or Consignor.
The Company shall not be liable for any loss, damage or deterioration of any goods. The packaging of Customer and/or Consignor's goods for transportation is the sole responsibility of the Customer and/or Consignor, including the placing of the goods in any container supplied to the Customer and/or Consignor by the Company. It is the sole responsibility of the Customer and/or Consignor to adequately address each consignment to enable effective delivery thereof.
The onus of establishing the conditions of the goods at the time of delivery thereof by the Company shall rest with the Customer and/or Consignor. Without limiting the generality of the aforegoing, the Company shall be entitled to delay the dispatch of any goods or expedite the date of dispatch if they, in the sole discretion of the Company, consider it necessary for the safety of the goods or if, in the sole discretion of the Company, there is a backlog of goods with higher priority and/or any other reason. The Company will only deliver goods that are the property of the Customer and/or Consignor and the Customer and/or Consignor warrants that it is authorized to accept and its accepting these conditions not only on behalf of itself, but also as agent for and on behalf of all other persons who are or may become interested in the goods. The Customer and/or Consignor hereby undertake to indemnify the Company against any damages, costs and expenses resulting from any breach of this warrantee.
The Company shall not be liable for any loss or damage to the goods. Where Customers make a claim and the Company chooses to accept liability as limited herein, then and in such a case, no claim shall lie unless the Customer makes a claim in writing within three (3) days after delivery of the goods to the Consignee.
Further to the above:
No responsibility or liability whatsoever shall attach to the Company or its employees for any loss or damage to goods unless such loss or damage:
The Company shall under no circumstances be liable for:
Notwithstanding anything to the contrary contained or implied in this clause eleven (11), the Company shall not accept liability for the handling of any Bullion, Coins, Precious Stones, Jewellery, Valuable, Antiques, Pictures, Bank Notes, Securities and other valuable documents or articles unless the Company agrees in writing prior to the goods being tendered to accept liability for the handling of the items listed in this clause.
If the Company is for any reason unable to effect delivery of the goods, reasonable steps would be taken to return the goods to the Customer and/or Consignor. The Customer and/or Consignor shall be responsible for the costs of carriage, attempted delivery and return of the goods.
No goods will be received or accepted by the Company including radioactive materials which are or may become dangerous, inflammable or noxious, or which by their nature are or may become liable to cause injury or damage to any person, goods or property whatsoever without the Company's consent in writing prior to the goods being tendered. Should the Company consent to the movement of any of the above, the containers or packaging must be marked accordingly as to comply with the applicable legislation, regulations or requirements of any authority. The Company reserves the right to destroy any of the above should the necessary consent not be confirmed in writing prior to the goods being tendered. Whether or not the Customer and/or Consignor was aware of the nature of the goods and whether or not the Company's written acceptance thereof was obtained, The Customer and/or Consignor shall be deemed to have indemnified the Company against loss, damage or liability caused by the Company as a result of the tender of the goods to the Company. The Company shall not transport any prohibited goods including without limitation any goods and materials, the carriage of which is prohibited by any laws, rules and/or regulations. In the event that the Customer and/or Consignor consigns such items with the Company, the Customer and/or Consignor shall indemnify the Company against all claims, damages or losses 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 on these conditions. The Customer and/or Consignor shall be responsible and liable, without limitations for all costs, fines, damages, loss of income and/or legal costs which the Company may incur as a result of the Customer and/or Consignor's breach of this clause.
The Company shall insure the goods for an amount not exceeding One Thousand Rand (R1000), where insurance is requested but no value declared for a premium. Where insurance is requested and the value declared exceeds One Thousand Rand (R1000) a premium representing a percentage of the declared value will be levied. In the event of a claim, a minimum excess of the declared value applies. In the event of a hi-jack or theft a minimum of fifteen (15) percent excess of the declared value will apply, the minimum excess applicable been Two Thousand Five Hundred Rand (R2500). In the event of loss due to non hi-jack or no theft a minimum of ten (10) percent excess of the declared value will apply, the minimum excess applicable been One Thousand (R1000). The Company is not obliged to insure goods exceeding Ten Thousand Rand (R10 000). Should any dispute arise over the insurance arranged on behalf of the Customer and/or Consignor by the Company, the Customer and/or Consignor shall have recourse against the insurer onus and the Company shall not incur any liability in relation to the dispute, notwithstanding that the premium on the policy may not be at the same rate as that charged by the Company. All charges, including the premium, owing to the Company in respect of the services rendered will be payable to the Company as per the conditions of payment laid out in these conditions of carriage. The Customer and/or Consignor shall lodge all claims in terms of insurance to the Company in writing within three (3) days of the goods being delivered to:
Intertown Transport, Attention Insurance Claims Department, P O Box 532 Lanseria, 1748
When shipments are tendered for international destinations the provisions of and law to the Warsaw Convention may apply and in most cases further limits the liability of the Company in respect of loss or damage to such consignments.
In cases where non-payments of monies due to the Company occur, the Customer and/or Consignor shall be liable for and shall pay all legal costs incurred by the Company. The Customer and/or Consignor shall be liable for all costs incurred in the recovery of any monies hereunder, including collection commission, attorney and own client costs, whether incurred prior or during the institution of legal proceedings, or, if Judgment has been granted, in connection with the satisfaction or enforcement of such Judgment.
No Relaxation or indulgence of these conditions of carriage shall in any way prejudice the Company's rights nor shall they be deemed to be a waiver of any of the Company's rights in terms of these conditions and no variation, waiver, indulgence and/or relaxation of such conditions shall be binding upon the Company.
The Customer and/or Consignor appoints their address as set out under "Details of Customer" in this Credit Application as his domicilium citandi et executandi for all purposes relating to his agreement and may amend this in writing to the Company within seven (7) working days of the change.
The Company shall be entitled, at its sole election, to institute any proceedings against the Customer and/or Consignor in any Magistrates Court having jurisdiction over it, even though the cause of action or amount claimed is beyond the jurisdiction of the court. This clause does not preclude the Company from, at its sole discretion and election, instituting action in the High Court and the Customer and/or Consignor also consents to the jurisdiction of the High Court in the jurisdiction elected by the Company.
The Customer and/or Consignor shall be liable for all costs incurred by the Company in the recovery of any amount or the enforcements of any rights which it has hereunder, including collection charges and costs on an attorney and own client scale and cost of counsels as on brief whether incurred prior to or during the institution of legal proceedings or if Judgment has been granted in connection with the satisfaction or enforcement of such Judgments. The Customer and/or Consignor undertakes to pay the cost of the surety ship and cession contained herein including and stamp duty payable thereon and agrees that such costs can be debited to their account.
Under no circumstances whatsoever including as a result of its negligent (including grossly negligent) acts or omissions or those of its servants, agents, or agents on whose behalf the Company, would be liable, in respect of any loss or damage sustained by the Customer and/or Consignor of any nature whatsoever or any damage caused to the assets of the Customer and/or Consignor or assets kept on its premises by any third parties or in regard to the Customer and/or Consignor's business or sustained by any of its customers, howsoever caused including the negligent, grossly negligent , and acts or omissions of the Company, its services, agents or others for who it may liable to in law.
Each paragraph or clause in this agreement is severable the remainder and if any paragraph or clause is found by any competent court to be defective or unenforceable for any reason whatsoever, the remaining paragraphs and/or clauses shall be of full force and effect and continue to be of full force and effect.
When sending your Goods, there are several easy steps to make sure your goods are more secure and easier to transport:
South Africa is a large continent. Your goods may be handled many times by many different hands before it gets to the end destination. Please ensure for your benefit that the box/carton you choose to package your goods in is the correct size for the item you are sending. There are different sized boxes for a reason. Choose a box that has enough room for your item and some protective packaging. Also try and package heavy items into smaller boxes (preferably double-walled boxes) and lightweight bulkier items into larger boxes.
The box/carton must be sturdy and robust and preferably 'corrugated' with flaps intact. Never use boxes that are damaged, thin, old, worn or damp; and never use fruit boxes or miscellaneous boxes from a supermarket. If in doubt, try your local storage company (e.g. Kennards, Millers, Storage King, etc) as they also sell packaging materials and boxes.
Don't make the carton too heavy. This may cause issues in a few ways:
If it is a heavy carton, mark it as 'HEAVY' in bold writing and write the weight next to it. For Occupational Health and Safety reasons, most transport companies require a maximum liftable weight per item of 17kgs. If you have a carton weighing more than 17kg, consider breaking it down into 2 items (each less than 17kgs). Businesses may consider strapping a carton heavier than 17kgs to a skid (i.e. a small version of a pallet), enabling staff to utilise forklifts to lift the item. If you cannot break the carton down, you should have someone available at the pickup and delivery addresses to help the driver load/unload the item.
If you still have the original box for a product then it is recommended to use it. Especially if you still have the original polystyrene protection that came with the box (as this packaging was specifically designed to protect the product).
If you have to re-use an old box, make sure that all old bar-coded labels or address labels have been completed removed to avoid sortation issues and delays to your goods. Also ensure there are no holes/tears or corner dents that could ultimately weaken the box during transport.
When sending your goods around South Africa with a courier/freight company, your items will be handled numerous times before they arrive to the destination. There are major differences between a furniture removalist company and a courier/freight company.
Furniture removalists generally take a full load from your home/office to the destination in the same truck. Your goods may be handled 2-4 times from pickup to delivery.
If you are sending across South Africa (or even within your state) with a courier/freight company, your goods may be loaded and unloaded anywhere from 4-15 times in and out of up to 5 different trucks or rail containers. Hence it is extremely important to package your goods well for the rigorous journey that they are about to take.
A sturdy box/carton is your first requirement, then the way you package your goods is also important:
Don't overload the box with too many items or too much weight. It's always better to package multiple items individually (if possible) and use more than one box if required. This way each individual item can receive the benefit of proper protection from packaging material and the box.
Sending equipment such as DVD players, TV's, computers and electrical equipment is best sent in its original packaging and box. If you don't have this, then you can purchase packaging material and boxes from storage companies such as Kennards, Millers, Storage King, etc; or look for 'packaging companies' in your local town. Bubble-wrap is a must for sensitive or fragile items.
If you don't want to go to the expense of purchasing packaging material, a last resort is to use shredded paper or scrunched up newspaper. The problem with this type of packaging material is it does not hold its shape and can become compacted during transportation. This creates a void inside the box which can jeopardize the integrity of the box and make it more likely to become crushed or open-up during transit.
Whatever packaging material is used, ensure there is enough cushioning material around the item/s so they don't move if the box is shaken or bumped. A recommendation is to cushion with at least 5-8 centimetres of packaging material all around the item (fragile items require more cushioning). Quite often during a long journey in a truck, there will be 'shunting' when the truck stops. Cushioning is very important to stop shock from the outside, passing through to the contents causing damage (this is especially the case for fragile items). A recommendation in the transport industry is that all items are packaged to withstand a one metre drop.
Proper closure of the box is essential for safe transportation. Use a 'wide' pressure sensitive plastic tape (this can be purchased from storage or packaging companies). Do not use masking tape, Scotch tape, duct tape or string. When taping the box, ensure you go all the way around the box and along the seals (particularly for re-used or old boxes) to stop the box opening during transit.
When you have packaged your goods ready for transport, the next step is to address them correctly to ensure they arrive at the destination and on-time.
Firstly if the goods are fragile, ensure you mark the carton as FRAGILE with either coloured Fragile Tape (which can be purchased from packaging supply stores or stationery retail outlets like Officeworks), or write FRAGILE on the box in a distinctive location with a coloured marker pen. You want your item to 'stand out' so sortation staff in transport depots notice your goods and its fragile nature.
Secondly if you are re-using second hand boxes, make sure there are no old address labels or old barcode identifier labels on the box. This will lead to confusion with sortation staff/drivers and will delay or cause issues with your delivery.
Depending on the transport company you use, most will require you to complete a consignment-note/docket for the delivery. The consignment-note is the vital piece of information the company needs to effect correct delivery. You will need to complete information such as:
Consignment-notes will usually have a:
These days, nearly all transport companies will have a barcode on their consignment-notes to enable tracking services for customers. Although the promise of tracking exists with many carriers, the actual truth is that many small towns in regional or rural areas aren't tracked electronically due to small depots and agents not having 'hand-held electronic scanners' available to scan the consignment-note barcodes. Although this means electronic tracking is not always available, most carriers have other 'manual' manifest systems available in these regional areas to inform customers of their goods whereabouts or ETA if required.
If you have more than one item in a consignment delivery (to one receiver), place the consignment-notes/labels in the same place on each item, especially if all items are identical. This makes it easy for the sortation staff in depots to know where to look for the receiver address as they are sorting freight. Do not place the consignment-note/address label over a seam or closure or on top of sealing tape. It is also a good idea to add a sheet of paper with your name and phone number and the receiver address inside the carton in case the consignment-note/address label on the outside of the box comes off during transit.