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Standard trading conditions of Sprint Wing CC

1. In these conditions:

1.1 "courier" shall mean Sprint Wing C.C. and shall include any duly registered franchisee, agent, sub-agent, independent contractor or associate company of Sprint Wing C.C.;

1.2 "customer" shall mean the party reflected on the waybill or the credit application as the sender of the goods;

1.3 "waybill" shall mean the courier's official dispatch note or dispatch sheet. In the case of computerized dispatch systems, the hand-over list or computer disc containing the client's instructions;

1.4 "carriage" shall mean all forms of carriage and related activities undertaken by the courier on behalf of customers.

2. All and any business undertaken and goods accepted by the courier shall be on the terms and subject to the conditions hereinafter set out and any other terms and conditions agreed and each and every condition set out is and shall be deemed to be a condition of any agreement between the courier and its customers.

3. The courier is not a common carrier and will only carry documents or goods subject to these conditions which can only be altered by written agreement with the courier. The courier reserves the right to refuse the carriage or transportation of any document or goods for any person, firm or company and the carriage or transportation of any class of documents or goods at its discretion.

4. The courier will, in its sole discretion, select the methods of transportation and handling to be used in the carriage of the goods. The courier does not warrant that the customer's request as to "service options" or "special instructions" as detailed in the waybill will result in any method of transportation of the goods employed by the courier.

5. If the courier uses the services of a third party for the transportation of the goods, only those conditions of carriage imposed by that third party which are more favourable to the customer and are less favourable to the courier than the conditions contained herein, shall apply to the carriage by the nominated third party.

6. The courier will not accept or in any way presume to have accepted:

6.1 COD shipments and "to pay" shipments;
6.2 Perishable cargo;
6.3 Arms and ammunition;
6.4 Livestock;
6.5 Valuable cargo, being any one of more of the following:

6.5.1 Goods having a declared value for carriage exceeding Rand equivalent of US dollars 1000 per gross kilogram;
6.5.2 Precious metals such as gold or platinum
6.5.3 Articles made of gold or platinum;
6.5.4 Jewelry consisting of precious stones;
6.5.5 Precious stones (diamonds, rubies, emeralds, etc);
6.5.6 Watches or furs;
6.5.7 Banknotes, traveler's cheques, securities, shares, share coupons and stamps.

7. The courier's handling of goods shall not be influenced in any way by their contents or by the customer's declaration as to their contents, and the courier does not undertake to study or be influenced by such declaration. The customer is obliged to acquaint himself with the regulations applicable to the carriage of dangerous or hazardous goods by air and to ensure that any goods subject to those regulations bear the required warning labels and are accompanied by the necessary declarations. The customer's declaration as to the contents on the courier's dispatch document is not sufficient to discharge the client's obligations in this regard. The customer is cautioned to avoid tendering to the courier parcels containing fragile or valuable goods, and should he do so, he is obliged to so pack and label his goods as to minimize the additional risk to which such items may be exposed. The customer indemnifies the courier against any loss or damage, (including consequential damages) arising from the customer's failure to observe the terms of this clause.

8. The packaging of the customer's documents or goods for transportation, including the placing of the documents or goods in any container which may be supplied to the customer by the courier, shall be the sole responsibility of the customer. The courier shall not be liable for loss or damage to documents or goods caused by inadequate or inappropriate packaging. It shall be the sole responsibility of the customer to address adequately each consignment of documents or goods to enable effective delivery to be made. The courier shall not be liable for a delay in forwarding or delivery resulting from the customer's failure to comply with its obligations in this respect.

9. The courier shall not in any circumstance be liable for any loss of or damage to goods or for non-delivery or mis-delivery, whether on the grounds of breach of contract or negligence, unless it is proved that the loss, damage, non-delivery or mis-delivery occurred whilst the goods were in the actual custody of the courier and under its control. In any event, the courier's liability to the customer in respect of goods in its care shall terminate on bona fide delivery to the consignee nominated by the customer, unless the consignee, at the time of delivery, brings to the attention of the courier in writing, any loss or damage to the goods.

10. Subject to the terms of clause 9 above, the courier shall not be liable to the customer for the loss or damage which the customer may suffer from any cause whatsoever unless:

10.1 Such losses arise from gross negligence on the part of the courier;
10.2 The customer gives notice, in writing, to the courier for the damages claimed by it or, if it is impossible to quantify such damages at that stage, notifies the courier, in writing, of the nature of its claim, within 7 (seven) days of dispatch of the relevant goods to the customer/consignee. Claims submitted after this period will be repudiated on the grounds of late submission regardless of any other circumstances of loss or damage. The customer indemnifies the courier against any loss or damages, direct or indirect (including consequential damages) arising from the customer's failure to observe the terms of this clause.

11. In no case whatsoever shall any liability of the courier to the customer, however arising, exceed the value of the goods or the value declared by the customer for insurance, customs or carriage purposes, or R50.00 per consignment, whichever is the lower. The courier 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 damages in excess of what it could claim in terms of these conditions.

12. The courier or its insurer shall retain any rights of recovery of salvage and the conditions imposed by the insurer contracted to the courier, shall apply to any claims made in terms of the courier's responsibility. The customer agrees that the maximum compensation in respect of any single shipment of goods shall be R5 000.00 (FIVE THOUSAND RAND) if insurance is required.

13. In respect of the following classes of goods, the courier will deem the value for carriage to be half the actual value declared:

13.1 clothing;
13.2 fashion goods and accessories;
13.3 cosmetics;
13.4 electronic equipment

14. Where goods shipped are samples, articles made on a "once off basis", cost of replacement or repair shall be deemed to be the equivalent cost of the article were it to have "normal" production status. Customers are advised to arrange insurance cover for the real replacement cost of such articles.

15. The courier's responsibility described in clause 13 above will be underwritten by means of an insurance policy, and the courier and customer shall be bound by the terms and conditions thereof, copies of which will be supplied to the customer on request. It is recorded that this policy includes the "Institute Cargo Clauses A and Strikes (Cargo) Clauses" issued by the London Institute of Underwriters.

16. If the courier is unable for any reason to effect delivery of the goods, reasonable steps will be taken to return the goods forthwith to the customer. The customer shall be responsible for the costs of carriage, attempted delivery and return of the goods. If the courier is unable to effect return of the goods as a result of any fault on the customer's part, it shall be entitled to sell the goods at a market related price so as to defray costs incurred by it after giving notice of such sale by registered post to the customer.

17. The courier reserves the right to sell any goods belonging to the customer as a market related price and to apply the proceeds thereof in reduction of the customer's indebtedness. The courier shall give 14 (FOURTEEN) days' written notice by registered post to the customer of such sale.

18. The instruction from the customer to the courier in respect of any carriage shall be made on the courier's official dispatch document form duly completed and tendered with the goods. No other instruction, whether verbal or written, shall be binding on the courier. No employee of the courier is authorized to vary this condition.

19. The courier's charges for its services are set out in the courier's official tariff document applicable from time to time. A copy of this document is available on request. Customs and other statutory payments made by the courier on behalf of the customer, including but not limited to, import duty, surcharge or value added tax, shall be charged at a cost to the customer and proof of expenditure shall be made available by the courier at the customer's request.

20. The courier's tariff of charges is subject to review by the courier who will furnish notice to the customer which shall be binding within 7 (SEVEN) days on the customer.

21. The customer shall remain responsible to the courier for all charges until they are paid. The courier shall not collect any monies at the time of delivery and no employee of the courier is authorized to do so. All payments made by the customer or any third party on behalf of the customer, shall be made free of any deduction or set off to the courier at its address chosen in Clause 25 below.

22. Any amount payable by the sender to the courier shall be paid at the courier's office (or at such address as the courier may notify the sender in writing) in cash, without deduction or set off:

22.1 within 30 days after date of statement in respect of those senders to whom the courier has previously agreed to grant credit;
22.2 in all other cases, on demand.

23. If the customer wishes the courier to collect any payments due by the customer from the third party, the customer must at the time of requesting the courier to deliver the goods on its behalf ensure that:

23.1 The third party is an account holder of the courier;
23.2 Must quote the third party's account number and name on the dispatch document. If the customer fails to do so, the courier will ignore the customer's instruction and the courier will bill the customer directly, or at the courier's discretion will refuse to move the goods tendered by the customer for delivery until proper billing instructions are received from the customer. Should the third party nominated by the customer as the debtor decline to settle the courier's charges, the courier will charge the customer for the services rendered, who will settle the courier's charges on demand.

24. The customer hereby consents to the jurisdiction of the Magistrate's Court in terms of Section 28 of the Magistrate's Court Act No 32 of 1994 as amended, for all claims that the courier may have against the customer. This clause does not preclude the right of the courier to institute any action in the High Court of South Africa.

25. The parties choose as their domicilium citandi et executandi for the delivery of all Court process and any other notices hereunder the address which appears on the waybill.

26. WHOLE AGREEMENT:

26.1 This agreement constitutes the sole record of the agreement between the parties. No party shall be bound by any express or implied term, representation, warranty, promise or the like note recorded herein.
26.2 No addition to, variation of, or agreed cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of both parties.
26.3 No relaxation or indulgence which any party may grant to any other shall constitute a waiver of the rights of the party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in future.