Terms & Conditions Globelogix Courier Services (Pty) Ltd. Standard Trading Terms and Conditions DEFINITIONS OF TERMS USED IN STANDARD TERMS AND CONDITIONS
1. The words and/or phrases below will have the following meanings in our Terms and Conditions:-
a) You / your – the customer who requests that we provide a delivery service. This includes any employee, representative, agent or subcontractor acting on behalf of, or representing yourself.
b) We / our / us – Globelogix Courier Services (Pty) Ltd.
c) Recipient – the person to whom the goods must be delivered in accordance with these conditions.
d) Sender / Customer – the person for whom the carriage of the Goods is performed by the us under these Conditions
e) Consignment / Goods – any item or items that we carry for you from one address to another. This includes any packaging.
f) Owner’s Risk – means that Globelogix shall not be liable for any loss or damage to any goods, regardless of how it occurs, unless we intentionally cause the loss or damage.
g) Dangerous goods: Anything you want us to deliver that might endanger the health and safety of others. This includes, but is not limited to, objects that require specialized handling or treatment during transportation, such as magnetic goods, explosives, and radioactive material.
h) Service – refers to all actions taken or to be taken by us in connection with the transportation of the Goods, including but not limited to the carriage, transport, and/or storage of the Goods as well as any incidental actions or services.
GENERAL POINTS 2. These conditions govern our business dealings with you and supersede any prior agreement we may have had. They cannot be altered or modified without the written consent of one of our directors.
3. All business and service provided, including direction, advice, information or service provided by us to you shall be subject to the conditions set out in this document, and each condition shall be deemed to be incorporated in and to be a condition of this Agreement between Globelogix and the Sender of the goods.
4. When you ask us to make a delivery on your behalf, you will be deemed to have accepted these terms and conditions.
5. If, for whatever reason, either Globelogix or yourself choose not to exercise any rights contained in these terms, then it shall be regarded as a waiver of those rights for the future.
6. The Sender confirms that it does not depend upon or claim any other terms, warranties, conditions or representations relating to the use of the services under this Agreement.
7. The Sender will be bound by the signature and/or acceptance of any of its employees, representatives servants and agents on the Waybill.
8. Goods are accepted subject to the conditions specified by all other carriers, sub-contractors, handlers and any other parties into whose possession or custody the goods may pass to finalize and deliver goods that come into their possession.
OUR RIGHTS AND OBLIGATIONS
9. We reserve the right at our unconditional discretion to refuse, or not to accept any consignment or part thereof for delivery. We retain the right to inspect a consignment to ensure the consignment does not contain any dangerous or prohibited goods.
10. We reserve the right to transport and/or deliver any goods or consignments received from any Customer and/or the Sender by any means at our disposal and use any carrier, partner or agent to perform our duties in delivering the consignment . All goods that require forwarding to facilitate delivery may be held at our discretion and at the Customer and/or the Sender’s cost until suitable delivery arrangements can be made. Globelogix shall have no responsibility or liability to the Customer and/or the Sender for any act, or omission of such third party even though we may be responsible for the payment for such third parties’ charges. Globelogix however reserves the right, at its sole discretion, to take action on behalf of the Customer and/or the Sender should the independent carrier or third party fail to carry out its duties suitably. The costs associated with taking such action will be for the account of the Customer and/or the Sender and are payable on demand.
11. We will take reasonable efforts to deliver your consignment within the time you requested, but we will not be liable for any loss or expenditures you may incur if the consignment is not delivered on time unless we specifically agree in writing before accepting your consignment for delivery.
12. We will take all reasonable steps to obtain proof of delivery at the time of delivery. That proof of delivery will be conclusive evidence that the consignment was delivered complete and in good order, unless the consignee marks otherwise at the time of delivery. Where delivery has been made in good faith to a person claiming to be the consignee, or an employee, subcontractor or agent of the consignee, we will not be liable for any loss or mis delivery.
13. We will make one attempt to deliver your consignment, but if we cannot do so, we will have the option to either make a second attempt, or deliver to an alternative address provided by you, or return the consignment to you. All / any of these alternatives will be at your cost, however we will contact you first to agree the best option. We will contact you for further instruction if we still cannot deliver your consignment.
14. If the consignment still cannot be delivered, we will give you 10 days’ notice that we intend to sell or dispose of the consignment. Any proceeds of sale (less expenses incurred) or associated costs of disposal will be applied to your account with us.
15. We reserve the right to keep hold of your consignments up until the time you have paid any amounts owed to us, notwithstanding the fact that these amounts may not relate to the items held.
16. Occasionally, we could incur additional costs associated with delivering your consignment. These could include expenses such as tolls, parking charges, disposal charges, or similar costs. If we incur any such expenses, we will invoice them to you with normal delivery charges, and you will pay them within our credit terms.
17. Unless stated otherwise, any quotation or estimate of charges given to you will be valid for 1 week only. If you accept our quotation, delivery must take place within 1 week of the quotation date, otherwise revised charges may apply. We will only be bound by quotations accepted by you in writing, and your acceptance will be deemed to have been given when you ask us to make the delivery quoted for. Verbal quotations or estimates are to be considered as a guide only, and as such will not be binding on us.
18. All quotations, rates, tariffs and surcharges are subject to revision or withdrawal by us at any time. We retain the right to revise or amend any quotations, rates, tariffs or surcharges with or without any notice where our costs are affected by any of our suppliers and may do so without notice to the Customer. Charges are calculated on either actual or volumetric mass, and for purposes of applicable costing, 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.
19. We may, at our absolute discretion, withdraw credit facilities at any time. If your credit facility is withdrawn, then all invoices will become immediately payable, irrespective of any credit terms or payment dates previously agreed between you and us. If payment of outstanding invoices is not received within 30 days of invoice date, we will be entitled to charge you interest at the rate of 3% per month (or part thereof) from the invoice date to the date of payment. If we are required to take legal action to recover payment from you, our claim will include interest and all associated costs of such action.
YOUR RIGHTS AND OBLIGATIONS 20. Prior to requesting that we deliver a consignment, you must confirm the following::-
a) If you are not the legal owner of the goods, you have the owner’s permission to enter into this agreement and request us to deliver the goods.
b) The consignment, or the goods in the consignment, are not dangerous or hazardous goods, and do not present any health or safety risks, and the handling, transport or possession of them is not a criminal offence, nor breaches any relevant statute, laws or regulation.
c) Only those individuals properly authorised by you can make bookings with us, and at the time of booking they will supply to us any reference or purchase order required by yourself to be shown on our invoices in order to process the invoice for payment. Failure to provide us with this information, or if the information is not correct, you will not be able to withhold payment at a later date.
d) The consignment is properly packaged and displays the correct and accurate delivery address. If the packaging is deemed by us not to be sufficient or acceptable, we may either refuse to deliver it, or may repack it to the required standard. A reasonable charge will be made to you for any such repackaging.
e) You have made necessary insurance arrangements (either with us or a third party) to provide acceptable level of cover required for these items.
21. You are required to settle our invoices, which include any applicable VAT, entirely and without making any deductions, except for those credited by us (credit notes), within the established or mutually agreed-upon credit terms.
22. You will raise any query you may have on our invoice within 10 days of the invoice date. If you do not raise any concerns within this period, we will assume that you consider our invoice to be accurate, and you are expected to adhere to the payment terms previously agreed upon.
23. If you are in breach of any of these terms, you will be liable for any loss or expenses suffered by us as a result.
24. We reserve the right to verify the weight of your shipments, and if you haven’t provided the weight, we will determine it. Our charges to you will be adjusted based on the weight we determine, and this weight calculation is final and cannot be changed afterward.
25. If your consignment requires specific equipment or additional personnel for loading or unloading, it is your responsibility to make sure that such resources are accessible at both the delivery and pickup locations. If these resources are not available, you will be responsible for covering any associated expenses, which could encompass charges for waiting, storage, or reattempting delivery.
COMPANY LIABILITY 26. Globelogix will not be liable for any loss or damage to goods. Should Customers lodge a claim and we choose to accept limited liability as specified herein, then and in such a case, only claims submitted in writing within 48 hours after delivery of the goods to the Recipient will considered.
27. Globelogix’s liability shall not exceed R50.00 (FIFTY RAND) per consignment of goods
28. Globelogix will not be responsible for any indirect or consequential losses or damages related to the shipment of goods.
29. Globelogix shall not be liable for any costs, loss or damages arising in respect of late, mis-delivery or non-delivery of any goods
30. Globelogix will not be held liable for any loss or damage to any consignment or any delay or mis delivery, as a result of the following:-
a) War, terrorism, riot, strike, lockout, civil unrest or any similar action.
b) Natural disasters (e.g. floods), poor or extreme weather conditions.
c) The consignment being seized or detained by any public or legal authority or regulatory body.
d) Incorrect or insufficient address or delivery details given on the consignment note or manifest. This includes any omission or ambiguity of information provided by you or your employees, agents and representatives.
e) Incorrect or insufficient packaging of the consignment.
f) Natural wastage of a perishable or fragile consignment.
g) Traffic congestion, disasters or delay.
h) Any other events beyond our control.
31. Globelogix cannot accept any liability for certain items on any of our services. These include cash, notes, money orders, vouchers, credit cards, stamps, deeds, passports, tickets, travellers cheques, jewellery, precious stones, watches, precious metals, living creatures and any other similar valuable articles.
DANGEROUS GOODS 32. Globelogix will not accept, receive or deliver any dangerous or hazardous goods, including but not limited to radioactive materials which are or may become dangerous, inflammable, unstable or noxious, or which by their nature are or may become liable to cause injury, harm or damage to any person, goods or property. We reserve the right to destroy any of the above should the necessary consent or authorisation required not be confirmed in writing prior to the goods being accepted, received or delivered. The Customer and/or the Sender shall be deemed to have indemnified GLOBELOGIX against loss, damage or liability caused by GLOBELOGIX as a result of the tender of the goods to GLOBELOGIX. The Customer and/or the Sender shall be responsible and liable, without limitations for all costs, fines, damages, loss of income and/or legal costs which GLOBELOGIX may incur as a result of the Customer and/or the Sender’s breach of this clause
INSURANCE AND ASSUMPTION OF LIABILITY
33. GLOBELOGIX does not provide insurance or cover to the Customer. However, subject to the terms and conditions herein and only in particular stated instances, GLOBELOGIX will assume liability for any loss suffered by a Customer in respect of the goods specified in the consignment, subject to an additional charge being levied in respect thereof, and provided further that the Customer has indicated specifically that such assumption of liability is required.
34. If the Customer has specified on the waybill that they want us to assume liability, an extra charge will apply for this liability assumption. The Sender/Customer will be responsible for paying GLOBELOGIX an amount equal to 2% of the value of the goods, with a minimum fee of R250.00 per waybill or shipment.
EXCLUSIONS: 35. GLOBELOGIX is not responsible for the packaging of the customer’s parcel/s and shall not, under any circumstances be liable for any loss or damage to a parcel/s or consignment which was not adequately and appropriately packaged to withstand the usual rigors and risks of courier transit and road transportation.
WARSAW CONVENTION
36. 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 GLOBELOGIX in respect of loss or damage to such consignments.
LEGAL
37. If GLOBELOGIX does not receive the payments it is owed, the Customer and/or the Sender will be responsible for covering all legal expenses incurred by GLOBELOGIX. The Customer and/or the Sender will also bear the costs associated with recovering any outstanding payments, including collection fees, attorney fees, and any costs related to enforcing a judgment, whether these costs were incurred before or during legal proceedings.
GENERAL
38. Any leniency or accommodation of these carriage conditions will not harm GLOBELOGIX’s rights in any manner, nor will it be considered a waiver of any of GLOBELOGIX’s rights as outlined in these conditions. Furthermore, any changes, waivers, accommodations, or relaxations of these conditions will not be legally binding on GLOBELOGIX. DOMICILIUM CITANDI ET EXECUTANDI
39. The Customer and/or the Sender appoints their address as set out under “Business Details” in the Credit Application From as his domicilium citandi et executandi for all purposes relating to his agreement and may amend this in writing to GLOBELOGIX within seven (7) working days of the change.
JURISDICTION OF MAGISTRATES COURT
40. The Customer and/or Sender, under Section 45 of Act 32 of 1944 or any subsequent amendments, agree that GLOBELOGIX may initiate legal proceedings for enforcing its rights under this Agreement or for the recovery of any monies owed under this Agreement, in the Magistrates Court within any district where the Lessee is subject to jurisdiction as per section 28(i) of the same Act. Additionally, GLOBELOGIX can, at its discretion, choose to bring legal action against the Customer and/or Sender in any Magistrates Court, even if the cause of action or the amount claimed exceeds the court’s jurisdiction. It’s important to note that this provision doesn’t prevent GLOBELOGIX from, at its sole discretion, pursuing legal action in the High Court, and the Customer and/or Sender also agree to the jurisdiction of the High Court in the location chosen by GLOBELOGIX.
COSTS
41. The Customer and/or the Sender will bear all expenses associated with GLOBELOGIX’s efforts to recover any owed amounts or enforce their rights under these terms. This includes collection fees, attorney fees, and legal counsel costs, whether these costs were incurred before or during legal proceedings or in relation to the satisfaction or enforcement of any granted judgments. The Customer and/or the Sender commits to covering the expenses related to the suretyship and assignment outlined in this agreement, including any required stamp duty, and agrees that these costs can be charged to their account.
SEVERABILITY
42. If any term or part of a term in this agreement is found to be invalid or unenforceable, it will not impact the validity or enforceability of the remaining terms or parts of terms in this agreement.
WHOLE AGREEMENT
43. These terms and conditions, including any agreements and conventions mentioned within, form the complete agreement between the parties involved. They take precedence over, eliminate, and override any other terms, conditions, warranties, statements, or representations, whether spoken or written, that either party may have relied upon, except for those explicitly included within this document.
NO VARIATION
44. No variation or cancellation of these terms and conditions shall be of any force or effect unless reduced to writing and signed by or on behalf of GLOBELOGIX.
NO WAIVER
45. GLOBELOGIX will not be considered to have waived or forfeited any of its rights outlined in these terms and conditions simply because it has been lenient with the Customer or has not promptly exercised a right or delayed in doing so.
FORCE MAJEURE
46. GLOBELOGIX shall not be liable or responsible to the Customer, nor be deemed to have defaulted under or breached these Terms and Conditions, for any failure or delay in fulfilling or performing any service when and to the extent such failure or delay is caused by or results from acts beyond GLOBELOGIX’s control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”) (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labour stoppages or slowdowns or other industrial disturbances; (i) epidemic, pandemic or similar influenza or bacterial infection (j) emergency state; (k) shortage of adequate medical supplies and equipment; (l) shortage of power or transportation facilities; and (m) hijackings, or (n) other similar events beyond the reasonable control of the Impacted Party