Standard trading conditions of Citisprint
- In these conditions:
1.1 "courier” shall mean Citi-Sprint C.C. and shall include any duly registered franchisee, agent, sub-agent, independent contractor or associate company of Citi-Sprint 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 couriers 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. Should the courier select an alternate method of transport, differing to the customer’s “service options” or “special instructions”, the customer’s invoice will be adjusted accordingly.
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 par shipments;
6.2 Perishable cargo;
6.3 Arms and ammunition;
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.
- The couriers handling of goods shall not be influenced in any way by their contents or by the customers 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 customers declaration as to the contents on the couriers 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 customers failure to observe the terms of this clause and from third party claims arising from personal injury, death, or damage to tangible property caused by the customer or its subcontractors, directors, officers, employees or authorized agents.
- The packaging of the customers 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.
- The courier shall not in any circumstances 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 provided that the loss, damage, non-delivery or mis-delivery occurred whilst the goods were in actual custody of the courier and under its control. Subject to the above, the courier shall not be liable to the customer for the loss or damage which a customer may suffer from any cause whatsoever unless such losses arise from gross negligence on the part of the courier.
- Insurance of goods:
10.1 The courier shall provide Goods in Transit Insurance at no additional charge on all goods carried by it for and on behalf of the customer subject to the conditions and/or exclusions as set out in Clauses 10.2 to 10.8.
10.2 Each vehicle of the courier is insured to the value of R 300 000.00 (three-hundred thousand rand) and the maximum amount that any one way bill in the insured vehicle may be insured for is R50 000.00 (fifty thousand rand).
10.3 The insurance as stipulated in Clause 10.1 covers forcible and violent entry, fire and hi-jacking and the resultant damage/loss incurred as a result of thereof.
10.4 The following goods are specifically excluded from the cover as provided for in Clauses 10.1 to 10.3 above and no cover in respect thereof is provided unless agreed in writing with the courier prior to the commencement of the carriage:
10.4.1 Antiques or antiquities of any description, artworks, ammunition, explosives, fireworks, bank and treasury notes, bullion, cash, travellers cheques, cameras and accessories, cellular phones and accessories, pre-paid phone cards, computers and memory systems, cobalt, copper in any form, copper cables, non-ferrous metals, gold or silver articles, jewellery, watches, furs, models, moulds, patters, plans, title deeds, designs, documents of any description, securities, stamps, tickets, fuel/petrol/diesel and the like, cigarettes and tobacco products other than raw tobacco.
10.5 Should the customer require insurance on any goods of a value higher than R 50 000.00 9fifty thousand rand) and/or wishes to insure any goods for additional damage and/or loss not covered under Clause 10.3 the customer shall contact Stay Sure directly to arrange for further insurance as required. The relevant broker dealing with the courier’s insurance policy at Stay Sure can be contacted via e-mail: firstname.lastname@example.org or telephonically on 021 975 1100.
10.6 The insurance as provided for in Clause 10.1 to 10.4 shall be subject to the usual terms and conditions of the policies of Stay Sure. The terms and conditions of the policy are to be requested directly from Stay Sure by the customer and the customer hereby undertakes to familiarise themselves with the aforesaid Terms and Conditions.
10.7 The courier shall not be under any obligation to effect a separate insurance policy on each vehicle or carriage but may declare it on any open or general policy.
10.8 Should Stay Sure dispute liability for any reason, the customer shall have recourse against Stay Sure only and the courier shall not be under any liability in relation thereto.
- If the courier is unable for any reason to effect delivery of the goods, the courier reserves the right to take reasonable steps 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.
- The instruction from the customer to the courier in respect of any carriage shall be made on the couriers 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.
- The couriers charges for its services are set out in the couriers 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.
- The couriers tariff of charges is subject to review by the courier who will furnish notice to the customer which shall be binding on the customer immediately.
- 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 which appears on the waybill.
- Any amount payable by the sender to the courier shall be paid at the couriers office (or at such address as the courier may notify the sender in writing) in cash, without deduction or set off:
16.1 within 30 days after date of statement in respect of those senders to whom the courier has previously agreed to grant credit;
16.2 in all other cases, on demand.
- 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:
17.1 The third party is an account holder of the courier;
17.2 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 customers instruction and the courier will bill the customer directly, or at the couriers 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 couriers charges on demand.
- The parties consent to the jurisdiction of the Cape Town Magistrate's Court in terms of Section 28 of the Magistrate's Court Act No 32 of 1994 as amended, in respect of all matters arising out of and disputes in connection with or in relation to this agreement. This clause does not preclude the right of the courier to institute any action in the High Court of South Africa, Western Cape.
- The parties choose as their address for the delivery of all Court process and any other notices hereunder the address which appears on the waybill.
- In connection with the formation and performance of this Agreement, the parties may share and disclose to each other certain non-public confidential information, the disclosure of which to third parties would be damaging, including but not limited to rates, business plans and processes, any data relating to Customer’s clients or employees, business, commercial and financial information and any information marked “Confidential” and/or “Proprietary” (“Confidential Information”).
- Both parties undertake (a) to use the Confidential Information only in the performance of this Agreement, (b) not to disclose it to any third party except in the performance of this Agreement or as may be required by any court of law or governmental rule or governmental regulation and (c) to treat this Confidential Information with the same degree of care with which it treats its own confidential information of like importance.
- Upon termination of this Agreement, or at any other time that Customer requests, the courier will return to Customer all Confidential Information provided to the courier by Customer and all reproductions of the same.
- The restrictions in clauses 20, 21 and 22 shall not apply to any Confidential Information:
(i) which is or comes into the public domain without breach of this Agreement;
(ii) which, when disclosed, was already known to the recipient without restriction;
(iii) that the other party develops independently of any information and material that is disclosed to it under the provisions of this Agreement;
(iv) which is subsequently disclosed to the recipient by a third party at liberty to disclose it; or
(v) which disclosure is required to be made by law or any competent authority, provided that where practicable and lawful, the party required to make such disclosure promptly notifies the other party.
24. Neither party will make any announcement with respect to this Agreement without the prior consent of the other party, unless for the purposes of satisfying the requirement of a law, regulatory body or securities exchange to which other party is subject.
25. WHOLE AGREEMENT:
25.1 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.
25.2 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.
25.3 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 prelude that party from exercising any rights which may have arisen in the past or which might arise in future.