1. STANDARD CONDITIONS

STAR EXPRESS GROUP CC shall not be a public or common carrier in relation to the carriage of the goods forming the subject matter of this agreement, and any goods to be carried are accepted subject to the conditions contained herein and this agreement is the only agreement entered into between the parties. No variation of this agreement shall be of any force or affect until reduced to writing and signed by the parties. All and any business undertaken, including any advice, information or service provided whether gratuitously or not by the company is and shall be subject to the conditions hereinafter set out and each condition shall be deemed to be incorporated in and to be a condition of any agreement between the company and its consignor.

No agent or employee of the company has the authority to alter or vary these conditions either by an oral or written undertaking or promise given before or after receipt of these conditions, nor shall any act or omission of the company be construed as a variation or waiver of any of these conditions.

If any legislation is compulsorily applicable to any business undertaken these conditions shall as regards such business be read as subject to such legislation and nothing in these conditions shall be construed as a surrender by the company of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation and if any part of these conditions be repugnant to such legislation to any extent such part shall as regards such business be void to the extent but no further. Goods are accepted subject to the conditions stipulated by all other carriers and parties into whose possession or custody they may pass for the due fulfilment of the obligations of the company.

2. ROUTES AND PROCEDURES

Subject to express instructions given by the consignor and accepted by the company in writing, the company reserves to itself complete freedom in respect of means, route and procedure to be followed in the handling and transport of goods – in particular the use of the term ‘courier’ in the description of services does not, unless specifically otherwise stated, imply that goods will be accompanied by an individual at any or all stages of transit.

Pending forwarding and delivery, goods may be warehoused or otherwise held at any place at the sole discretion of the company at the consignors risk and expense.

The company shall be entitled at the absence of express instructions to the contrary, to employ independent third parties to perform all or any of the functions required of the company, the company shall have no responsibility or liability to the consignor or any act or omission of such third party, even though the company may be responsible for the payment of such third party’s charges, but the company shall, if suitably indemnified against all costs, take such action against the third party on the consignors behalf as its consignor may reasonably direct.

3. TARIFFS AND QUOTATIONS

Quotations, where given, shall be on the basis of immediate acceptance and shall be subject to withdrawal or revision by the company. The company shall notwithstanding acceptance be at liberty to revise quotations or charges with or without notice in the event of:

• Charges occurring in currency exchange rates, rates of freight, surcharges, insurance, premiums, equipment rental rates, labour rates, or any other charges applicable to the handling of the goods, and/or,
• The volumetric charge calculated in accordance with the companies volumetric tariff from time to time excepting any quotation based on weight in which event the volumetric charges may, at the instance of the company be substituted for the change based on weight. The company is entitled to the benefit of 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 consignor or any such remuneration received by it.

4. PAYMENT OF COMPANY’S REMUNERATION:

Unless otherwise agreed by the parties in writing, the company’s remuneration shall be payable by the consignor in cash or cheque acceptable to the company without deduction or set-off within thirty (30) days from statement. The company shall be entitled to charge the consignor storage charges in respect of any period during which the goods are stored after tender of delivery up to and including the time of payment of all monies owing to the company by the consignor. The amount of such charges shall be presumed to be reasonable unless the contrary is proved by the consignor. If any amount owing by the consignor is unpaid on due date then:

• All the amounts owing by the consignor to the company whether due and payable or not shall become due and payable forthwith; and
• The company shall be entitled but not obliged (and without prejudice to any of its other rights against the consignor) by notice in writing to the consignor to rescind or suspend performance of any of its obligations under this agreement; and
• Discounts granted by the company shall be forfeited.

Interest on overdue amounts shall be charged to the consignor at 3% above the prime bank overdraft interest rate charged from time to time by the First National Bank of Southern Africa Limited, and such interest shall be payable by the consignor on demand.

A certificate by any member of the company, whose appointment or authority need not be proved, shall be due and sufficient proof of the amount of the consignor’s indebtedness by the company for the purpose of obtaining summary judgement to provisional sentence.

5. COMPANY LIEN OVER GOODS

The company shall have a lien over all goods for monies due to the company in respect of services rendered by the company whether or not payment in respect of such goods in then due. Without prejudice to any of the company’s rights against the consignor, in the event of the consignor failing to pay the company any monies due by it, the company shall have the right, without notice to the consignor:

• To open and examine any part of the goods; and
• At its option to sell, either by public auction or private treaty, and its entire discretion, the whole or any part of the goods; and
• To apply the proceeds of such dale, after deducting all expenses attendant thereupon, in payment of or towards any sum due by the consignor to the company; and
• To pay the consignor any surplus, without interest, within sixty (60) days after such sale whereupon the company shall be released from all liability whatsoever in respect of the goods carried.

The exercise of the company of any of the rights accorded to it by this clause shall be without prejudice to any other rights it may have under this agreement or at common law in respect of the non-payment by the consignor of the company remuneration.

6. INSURANCES

Unless otherwise agreed between the parties, the company shall not insure the goods:

• The goods shall be deemed to be uninsured by the company until such time as the company informs the consignor that such insurance has been effected;
• The company shall endeavour to insure the goods either in terms of a separate insurance or on such open or general policy as it may hold;

The consignor shall lodge all claims in terms of insurance so effected by the company with the company in writing to the claims manager, PO Box 2676, Somerset West, 7129 within seven (7) days of the tender of the effected goods;

All insurance effected by the company shall otherwise be subject to the usual exceptions, conditions, terms and provisions of the policies of the insurance company or underwriter taking the risk:

• Should any dispute arise over the insurance affected by the company for any reason whatsoever, the insured i.e the consignor shall have recourse against the insurer only and the company shall not incur any responsibility or liability in relation thereto notwithstanding the premium upon the policy may not be at the same rate as that charged by the company or paid to the company by the consignor;
• The consignor will be obliged to pay the company all charges including premiums incurred in effecting the said insurance;
• The consignor herby indemnifies the company for any losses which may be sustained by virtue of the said insurance.

Notwithstanding anything to the contrary contained or implied in this clause 6, the company shall not be obliged to insure the goods for an amount exceeding R50,000.00 (fifty thousand rand) per consignment.

7. NO RESPONSIBILITY FOR LOSS OR DAMAGE TO GOODS

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:

• Occurs whilst the goods are in the actual custody and actual care of the company,

And is due to the wilful act or default of the company or its employees.

The company shall not in any circumstances be liable for:

• Loss or damage to inadequately packed goods handed to the company for carriage;
• Any loss or damage whatsoever caused by the perishable fragile or brittle nature of goods, nor for mechanical derangement of goods.

Notwithstanding anything on the contrary contained or implied in this clause 7, the company shall not accept liability for the handling of any second hand goods, bullion, coins, precious stones, jewellery, valuables, antiques, pictures, bank notes, securities and other valuable documents or articles, livestock, or plants unless special arrangements have previously been made in writing. Should any consignor nevertheless deliver any such goods to the company or cause the company to handle or deal with any such goods otherwise than under special arrangements previously made in writing the company, whether or not it is aware of the nature of the goods, shall bear no liability whatsoever for or in connection with any loss or damage to the goods.

8. LIMITATION ON EXTENT OF COMPANY’S LIABILITY

Not withstanding anything to the contrary contained or implied in these conditions:

• The company shall not be liable for any loss or damage unless a claim is made in writing to the company within 7 days after the delivery of the goods by the company to the consignee;
• The company’s liability shall be limited to R50.00 (fifty rand) per consignment;
• The company shall not be liable for any indirect consequential loss or damage howsoever arising.

If it is desired that the liability of the company should not be governed by these limits, written notice thereof must be given to the company before any goods or documents are authorised to the company, together with a statement to the value of the goods. Upon receipt of such a notice the company may agree to its liability being increased to a maximum amount equivalent to the amount stated on the notice, in which case it should be entitled to effect special insurance to cover its maximum liability and the party giving notice shall be deemed by so doing to have agreed and undertaken to pay the company the amount of the premium payable by the company for such insurance.

9. TIME OF DELIVERY

The company shall not be liable for any delay or detention of the goods or for any loss, damage or deterioration therein, unless the date and time for delivery of the goods is expressly stipulated overleaf (of waybill T&C’s) as being the essence of the contract.

In the event the company shall not be liable for any such loss, damage or deterioration unless such delay or deterioration is attributable to wilful default or gross negligence on the part of the company.

10. LIMITATION OF DELIVERY RESULTING FROM INCORRECT ADDRESS OF CONSIGNEE TO TAKE DELIVERY AND HANDLING OF GOODS

The consignor shall properly and accurately furbish the company the name and address of the consignee as also all documents as must of necessity accompany the goods or such documents as the company may require, and the company shall not be responsible nor incur any liability for any loss or incorrect delivery of the goods due to the name and address of the consignee being improperly stated and in the absence of gross negligence, the company shall not being liable for any loss in the event of delivery being affected to some person other than the consignee in the event of the consignee or his agent, not being present to receive and accept delivery of same.

In the event of the consignee refusing to accept delivery of the goods in whole or in part, or in the event of the company being unable to effect delivery by reason of the address of the consignee being improperly or accurately stated:

And being compelled to return the goods to the consignor then the consignor shall be liable for all costs incurred in the return of such goods whether on the same basis as originally agreed upon or any other basis whatsoever;

Or being compelled to dispose of such goods by reason of the perishable nature or for whatsoever the reason, the company shall not be liable for any damage to, or loss of such goods or damage arising out of the disposal thereof and the consignor shall be liable to the company for all costs incurred in connection with the disposal of such goods. The consignor shall be deemed to be found by and to warrant the accuracy of all description values and other particulars furbished to the company for customs, consular and other purpose, and shall be deemed to have indemnified the company against all claims, losses, penalties, damages, expenses and fines whatsoever arising from any inaccuracy or omission, even if such inaccuracy or omission is due to any negligence.

11. GENERAL INDEMNITY

The consignor shall be deemed to have indemnified the company against all liabilities whatsoever suffered or incurred by the company arising directly or indirectly from or in connection with the consignor’s instructions or their implementation in relation to the goods.

12. CONSIGNOR TO ESTABLISH CONDITION OF GOODS

The onus of establishing the condition of the goods at the time or acceptance and delivery thereof by the company shall rest on the consignor.

13. DANGEROUS GOODS

No goods, including radio-active 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, shall be tendered to the company without its express consent in writing. The goods or the container package, or other covering in which the goods are tendered to the company or its agents shall be prominently marked on the outside so as to indicate the nature and character of the goods, and so as to comply with the applicable laws, regulations and requirements of any authority or carrier.

If such goods are tendered to the company without its written consent or without being marked as aforesaid, the same may at any time be destroyed, disposed or abandoned or rendered harmless at the sole discretion of the company and at the entire risk and expense of the consignor, without compensation to him or any other party and without prejudice to the company’s rights to its charges of fees including the cost of destruction or disposal.

Notwithstanding the acceptance of the goods with its express consent, the company may nevertheless for good reason, such as the risk to other goods, property, life or health, destroy or otherwise deal with the goods at the entire risk and expense of the consignor, without compensation to him or to any other party, and without prejudice to the company’s rights to its charges or fees including the cost of destruction or disposal. Whether or not the consignor was aware of the nature of the goods and whether or not the company’s written acceptance thereof was obtained, the consignor shall be deemed to have indemnified the company against all loss, damage or liability caused to the company as a result of the tender of the goods to the company.

14. WARSAW CONVENTION

If the transportation of any consignment involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention would apply and the convention governs and in most cases further limits the liability of the company in respect of loss or damages to such consignment.

15. DUPLICATE DOCUMENTS

The company is under no obligation whatsoever to provide customers with duplicates or any documents issued by it. Nevertheless, the company without being legally obliged to do so will in its discretion endeavour wherever possible to provide customers with duplicate documents but reserves the right to charge for such copies.

16. JURISDICTION OF THE MAGISTRATES COURT

The company shall be entitled to institute proceedings against the consignor in any Magistrates court having jurisdiction over it, even though the case of action or amount claimed is beyond the jurisdiction of the court.

17. ATTORNEY AND CLIENT COSTS AND COLLECTION COMMISSION

In the event of the company instructing its attorneys to recover monies from the consignor, the consignor shall be liable for and shall pay all legal costs incurred by the company on an attorney client scale, inclusive of collection commission.

18. GENERAL

No act, omission, course of dealing forbearance, delay or indulgence by the company in enforcing any of its rights in terms thereof or granting of time by the company shall prejudice or effect the rights and remedies of the company under these conditions and no such matter shall be treated as any evidence of waiver of the company’s rights thereunder nor shall any waiver of a breach by the consignor of any one or more of these conditions operate as a waiver of any subsequent breach thereof. The company shall at all times and without notice be entitled to insist on strict application of these conditions and on their strict enforcement on its consignors. These conditions shall be governed and construed to the laws of the Republic of South Africa and shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

19. DOMICILIUM

The consignor appoints his address overleaf (I.T.o Waybill and T&C’s) as his dimicilium citandi et executandi for all purposes relating to this agreement.

20. HEADINGS

The headings to the paragraphs are purely for guidance only and are not to be used to constitute the meaning of the text.