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STANDARD CONDITIONS OF CARRIAGE
All business undertaken by Namibia Express is subject to the following terms and conditions:
1. For the purpose of the paragraph set out below:
“the CARRIER” shall mean Namibia Express;
“the CARRIAGE” shall mean all forms of carriage and related activities undertaken by of the Carrier on behalf of the clients;
“the clients” shall mean the party reflected on the dispatch documents as the sender of the goods and cognate expression shall bear corresponding meanings.
2. The Carrier have the right to refuse to accept for carriage any goods without giving reasons for refusal and it is recorded that the Carrier is not n public or common carrier.
3. The Carrier will select in it sole discretion the methods of transport and handling to be used in the carriage. The Carrier does not warrant that the client’s requested as to service options will result in any specific of method of transport being employed.
4. If the Carrier uses the services of the third party in respect of the carriage, only those conditions of carriage imposed by the third party witch are more favourable to the client and are not less favourable to the Carrier than the conditions contained herein shall apply to the carriage.
5. The Carrier will charge for its services on a tariff basis and is not obliged to give a breakdown of its charges nor evidence of its expenditure incurred.
6. The Carrier’s tariff of charges is subject to review by them without prior notice to the client.
7. The Carrier’s handling the parcels shall not be influenced in any way by their contents or by the client’s declaration as to the contents, and the Carrier does not undertake to study or be influenced by such declaration. The Client is obliged to acquaint himself with regulations applicable to the carriage of dangerous or hazardous goods by the road and to be ensure that any goods subject to those regulations bear the required warning labels and are accompanied by the necessary declarations.
The Client’s declaration as to contents on the Carrier’s dispatch document is not sufficient to discharge the client’s obligation in this regard.
The Client is cautioned to avoid tendering to the Carrier parcels containing exceptionally fragile of valuable goods, and should he do so, the obliged to so pack and label these goods as to minimise the additional risks to which such items may be exposed.
The Client does not hold the Carrier responsible for any consequences arising from the Client’s failure to observe the terms of this clause.
8. The Carrier’s liability to the Client in respect of goods in its care shall:
(a) Terminate on a bona fida delivery to the Consignee nominated by the Client, unless the consignee, at the time of delivery, brings to the attention of the Carrier by writing, loss or damage to the goods, if insurance was requested and paid for.
(b) Be limited to the lesser of the value declared for carriage by the client or the amount of actual loss, if insurance was requested and paid for. If no value is declared by the client the maximum liability assumed by the Carrier shall be R100.00
(c) Be confined to the cost of repair or replacement of lost or damage goods. If insurance was requested and paid for. The Carrier will take no responsibility for consequential losses of any kind.
(d) Notwithstanding anything herein contained to the contrary.
9. No responsibility shall attach to the Carrier take any action , unless notice has been received in writing by the Carrier in respect of;
9.1 Any loss, damage or non-delivery of any goods within 90 (ninety) days of the date upon which the goods were collected.
9.2 Any duty, railage, wharfage, freight, cartage or any other impost or charge paid or levied incorrectly, within 30 (thirty) days of statement.
10. The Carrier responsibility describe in Clause 8 will be underwritten by the means of an insurance policy, and the Carrier and Client shall be bound by the terms and conditions thereof, copies of which will be supplied on request.
11. If the Carries is unable for any reason to affect delivery of goods, reasonable steps will be taken to return them to the Client. The Client shall be responsible for the cost of carriage attempted delivery and return of goods. If the Carrier is unable to affect return it shall be entitled to sell the goods to defray costs after giving notice by registered post to the client.
12. The Carrier reserves the right to hold any goods belonging to the client in lieu of monies due to them and to sell these goods and apply the proceeds towards the Client’s indebtedness.
The Carrier shall give 14 (fourteen) days written notice by registered post to the client on such sale.
13. The instructions from the Client to the Carrier in respect of any carriage shall be the Carrier’s official despatch documentation from duly completed and tendered with the goods. No other instructions, whether verbal or written, shall be binding on the Carrier. No employee of the Carrier is authorised to vary this condition.
14. The Client shall remain responsible to the Carrier for all charges until they are paid. The client must determine that the party from which he wishes the Carrier to collect its charges is an account holder of the Carrier, and must quote the party’s account number on the dispatch document. If he fails to do so the Carrier will ignore the client’s instruction and bill the client, or at the Carriers discretion will refuse to move the parcel until prober billing instructions is received. Should the party nominated by the client as the debtor decline to settle the Carriers charges, the carrier will bill the client who will settle the carrier’s charges on demand. The Carrier’s charges are due when rendered.
15. The parties choose as their dominium citadel et executant for the delivery of all coupon processes, and any notice hereunder, the address which appears on the despatch document form.
15.1 This document constitutes the entire agreement between the parties. None of the parties shall be bound by any representation warranty promise or the like not recorded herein.
15.2 No addition to, or variation or agreed cancellation of this agreement shall be of any force or affect unless in writing and signed by or on behalf of the parties.
15.3 No indulgence by the Carrier to the clients shall constitute a waiver of its rights and shall not thereby be precluded from exercising any rights against the guarantee which may have arisen in the past or which may arise in the future.
16. In the event of the Carrier instructing its attorneys to recover the monies from the consignor, the consignor shall be liable for all legal costs incurred by the Carrier on an attorney client scale, inclusive of collection commission.