terms and conditions conditions of carriage

1. for the purposes of the paragraphs set out below
   1. the carrier shall mean South African Courier Systems (Pty) Ltd
   2. the carriage shall mean all forms of carriage and related activities undertaken by the carrier on behalf of the client.
   3. The client shall mean the party reflected on the Waybill, Parcel Delivery, Shipment Delivery, Package Delivery or the credit application as the sender of the goods
2. The carrier is not a public or common carrier and acts as freight forwarder only. The client or his representative by his signature on the Waybill, Parcel Delivery, Shipment Delivery, Package Delivery or credit application enters into a contract with the carrier to arrange the delivery as indicated on the Waybill, Parcel Delivery, Shipment Delivery, Package Delivery. The client certifies that the particulars on the face of the Waybill, Parcel Delivery, Shipment Delivery, Package Delivery will be correct and requests the carrier to receive and forward the mentioned goods to said destination and to deliver it to the consignee in accordance with the conditions as set out here under. The client hereby warrants that he is the duly authorized agent of the consignee for and on whose behalf the conditions set out herein are accepted and hereby indemnifies the carrier against any and all claims of whatsoever nature and howsoever arising, instituted against the carrier by the consignee or any other person. The client furthermore accepts that in the event of the carrier being unable to deliver the goods to the consignee due to the address of the consignee having been incorrectly stated on the Waybill, Parcel Delivery, Shipment Delivery, Package Delivery; the consignee being unknown at the place of delivery and/or the consignee refusing delivery, then the client automatically agrees to pay the charges of the carrier in returning the goods to their place of original consignment.
3. The client warrants to the carrier that the contents of the shipment may be lawfully carried aboard passenger aircraft, and is not a prohibited substance under any applicable statutes and regulations. That it is properly packaged for that purpose if necessary. The client shall indemnify and hold harmless the carrier against any loss by the latter as a result of the client's violation of this provision. 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 fulfillment of the obligations of the carrier, save if conflict exists between these terms and conditions and those of the other carriers/parties, then these terms and conditions will prevail.
4. The carriers charge for its services are set out in the carriers official Tariff document, applicable from time to time. Such tariff of charges is subject to review by the carrier without prior notice to the client. Any variation or alteration to the carriers tariff shall immediately be binding on the client. Should the carrier have agreed to rates of charge which are less than the carriers official tariff rate from time to time, then such agreed rates will apply in respect of the goods/transactions to which they relate, unless the client fails to pay such charges on/or before due date for payment, in which event the carriers official tariff charges will become due and payable in lieu of the agreed charges.
5. The carriers handling of goods shall not be influenced in any way by their contents or by the client's declaration as to their contents, and the carrier does not undertake to study or be influenced by
   such declaration.
6. The carriers liability to the client in respect of goods in its care shall:
   1. terminate on bona fide delivery to the consignee nominated by the client, unless the consignee, at the time of delivery brings to the attention of the carrier in writing any loss or damage to the goods. Failure to so advise the carrier will give rise to an irrevocable presumption that all goods were delivered in the same order as when received by the carrier.
   2. Due to government restrictions on offering financial advice, SA Courier Systems is not able to offer insurance on International or Domestic shipments. All insurance needs must be fulfilled by an outside party. Please contact SA Courier Systems for further information.
   3. Not in any circumstances extend to and include any loss or damage whether direct or consequential suffered by the client or the consignee attributable to delay in delivery or non-delivery of any goods due to whatever cause whether it be due to default of the carrier or not.
7. The carrier shall have a lien over all goods for monies due to the carrier in respect of services rendered by the carrier whether or not payment in respect of such goods is then due and fu rthermore whether or not such payment is due in respect of carriage of such goods or other goods which have already been carried but not yet paid for. Without prejudice to any of the carriers rights against the client, in the event of the client failing to pay the carrier any monies due to it, the carrier shall have the right without notice to the client:
   1. to open and examine any parts of the goods; and
   2. at its option, to sell, either by public auction or private treaty, and at its entire discretion, the whole or any part of the goods; and
   3. to apply the proceeds of any such sale, after deduction of all expenses associated therewith, in payment of or towards any sum due by the client to the carrier; and
   4. to pay to the client any surplus, without interest, within sixty (60) days after such sale whereupon the carrier shall be released from all liability whatsoever in respect of the goods carried. The above rights shall apply mutates mutandi in respect of goods abandoned in the possession of the carrier and not claimed within a period of sixty (60) days of date of being originally delivered to the carrier.
8. If the client wishes the carrier to collect any payments due by the client to the carrier from a third party, the client must at the time of requesting the carrier to deliver the goods on its behalf ensure
   that:
   1. the third party is an account holder of the carrier;
   2. must quote the third party's account number on the Waybill, Parcel Delivery, Shipment Delivery, Package Delivery document. If the client fails to do so, the carrier will ignore the clients instruction and the carrier will charge the client direc tly, or at the carriers discretion will refuse to move the goods tendered by the client for delivery until accounting instructions acceptable to the carrier are received from the client. Should the third party nominated by the client as the debtor decline to settle the carriers charges, the client shall be liable for the carriers charges in full.
9. All monies due to the carrier in respect of services rendered shall be paid unless otherwise agreed in writing to the carrier within thirty (30) days from the date of consignment and payment shall be made without deduction or set off and no amounts due may be deferred or withheld for any reason whatsoever. In particular, the lodging of a claim against the carrier by the client or consignee shall not entitle the client or consignee to withhold any monies due to the carrier. All overdue accounts shall bear interest at the prime rate of interest charged by the Standard Bank of South Africa, as evidenced by a certificate of any authorized office bearer of the Standard Bank of South Africa from due date to date of final payment.
10. In the event of the carrier being compelled to institute legal proceedings against the client in order to recover its consignment charges and other lawful expenses, then the client will be liable for all attorney and client charges and collection commission incurred by the carrier. The client h ereby consents to the jurisdiction of the Magistrates court in terms of the Magistrates Court Act in respect of any proceedings instituted against it, notwithstanding the fact that the amount in dispute might otherwise exceed the jurisdiction of such courts.
11. The parties choose as their domicilium citandi et executandi for the delivery of all court processes and any other notices hereunder, the address which appears on the airWaybill, Parcel Delivery, Shipment Delivery, Package Delivery.
12. This document, as read with the airWaybill, Parcel Delivery, Shipment Delivery, Package Delivery, constitutes the full terms and conditions upon which the carrier renders its services to its clients and no other oral agreements and/or representations may be relied upon by the clients unless reduced to writing and signed by a director of the carrier. No variation of the above terms and conditions shall be enforceable unless reduced to writing and signed by a director of the carrier.

terms and conditions website usage

WEBSITE TERMS AND CONDITIONS
Between
South African Courier Systems (Pty) Ltd registration number: 95/11085/0700 (referred to as "The Company" in this agreement)
And
any User of the Website for any reason or purpose
 
SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND CONDITIONS ACT 25 OF 2002 (referred to as "The Act" in this agreement) provides that the Terms and Conditions set out hereunder, together with any terms and conditions referred to below or associated to this agreement by hyperlink shall bind the User of the Website and the consent of the User to the terms is automatic and arises by use of the website.

1. DEFINITIONS AND INTERPRETATION:
   1. "Advanced Electronic Signature" means an electronic signature arising from a process accredited in terms of the Act;
   2. "Data" means electronic representations of information in any form;
   3. "Electronic Intermediary" means a person who, on behalf of another person, sends, receives or stores a particular data message or provides other services with respect to that data message;
   4. "Personal information" shall have the meaning assigned to it in the Act;
   5. "The Website" shall mean the Website owned by South African Courier Systems (Pty) Ltd and located at: http://www.sacouriersystems.com and any page additional thereto;
   6. "User" means any person entering or making use of the website for any reason;
   7. Any reference to a person in this agreement shall include a juristic or legal person as well as a natural person;
   8. Any references to the singular shall include the plural and reference to one gender shall include the other;
   9. Hyperlinks in this agreement referring to additional terms or conditions shall be deemed to be operational and the additional terms and conditions shall be read as included, even if at any specific point in time the relevant hyperlink was not in fact operational;
2. The following information is recorded in terms of Section 43 of the Act:
   1. The company is South African Courier Systems (Pty) Ltd, registration number: 95/11085/0700, a private company with limited liability in terms of the company laws of South Africa, duly registered and incorporated as such.
   2. The Directors of the company are: John Fawcett (UK), Dean Locke (UK), Iain Robinson (Managing CT)(UK) and Andrew Smallman (Managing JHB)(UK).
   3. The company's registered and physical add ress is Unit F4 Palisades Business Park, 39 Kelly road, Jetpark, Boksburg, Johannesburg, at which address it will accept legal service of documents and notices.
   4. The company's website address is www.sacouriersystems.com and our email address is www.sacouriersystems.co.za.
   5. The company is a member of the South African Express Parcel Association which can be contacted at 314-7012 or at www.saepa.org.za and subscribes to the rules of conduct of that body, which can be accessed via their website as described.
   6. The company conducts the business of the collection and delivery of parcels and documents on the terms and conditions detailed on the home page of the website. No contractual arrangements for the rates at which such services are to be provided or the terms on which the work will be performed shall be entered into by means of this website exclusively or mainly, nor shall the written terms entered into be amended by way of the use of the website.
   7. The rates and prices for services rendered are as agreed in writing by the User in the User's contract of service with the company, which shall be in writing and signed by both parties and not entered into or varied by means of data messages. Although quotes may be obtained via the company's website, the company shall not be bound by any quote and shall charge the tariffs agreed in writing w ith Users before or after Users arrange collections via the website.
   8. The company's terms of payment are 30 days from receipt of invoice by cheque or Electronic Funds Transfer or as otherwise agreed in writing between the parties in their signed agreement.
   9. The company's standard terms and conditions are as set out above in the 'conditions of carriage' on this page. The terms may be saved or downloaded but may not be amended, electronically or otherwise, unless agreed to in writing between the User and a Director of the Company.
   10. Any instruction given for a collection/delivery by way of the website or otherwise will be given effect to within 2(two) days of the instruction being recorded by the company, save that:
       1. the company reserves the right to suspend any account and refuse or fail to action any instruction when a User or the account holder of the User's account has not been timeously settled;
       2. No guarantees or representations are made as to the collection and delivery of the goods and the User is referred to the conditions of carriage, set out above.
   11. A record of an order can be obtained from the accounts department of the company at operations@sacscapetown.com if requested, within  two days of the collection of any shipment.
   12. No manually completed or printed Proof Of Delivery shall be produced unless specifically requested and agreed to in writing and no such document shall be available after a period of 3 (three) months after the date of delivery of an item.
   13. An electronic record (a data message) recording the particulars of the delivery of the item shall be available to the User on request two days after dispatch of any item.
   14. The refund policy of the company is as set out in the 'conditions of carriage' above. IT IS SPECIFICALLY NOTED THAT THE COMPANY MAY NOT, BY LAW, OFFER INSURANCE FOR ITEMS DISPATCHED BY IT AND ACCORDINGLY ANY ITEMS SHOULD BE INSURED BY THE USER.
   15. The company does not subscribe to any alternative dispute resolution procedure.
   16. Payment to the company cannot be effected by way of use of the website, nor does the company offer online banking facilities and payment shall be as set out in paragraph 2.8 in the 'conditions of carriage' above.
   17. No personal information shall be collected by the company.
   18. When a collection instruction has been given on the website by a User to the company, a pop-up notice will confirm that the instruction has been given and provide approximate delivery times and procedures.
3. It is recorded that Section 44 of the Act SHA LL NOT APPLY to services ordered by way of this website in terms of Section 42 of the Act in that:
   1. The services rendered by the company are provided within a specific period; by reason of their nature cannot be returned and the services began to be rendered by the company with the User's consent before the end of the 7-day period referred to in Section 44(1) of the Act.
4. LIMITATIONS ON RIGHTS OF USE OF T HE WEBSITE
   1. Access to services shall be limited to those Users who have entered into a written and signed agreement with the company, which contract shall not have been entered into by means of the website. The contract shall detail the terms of trade between the parties in full, including prices of services rendered.
   2. When an agreement has been entered into and accepted as detailed in paragraph 4.1 above, the company shall provide the User with a password and Username for the use of the company's website, which shall entitle the User to electronically request services and track the performance of those services and make such other use of the website as the terms hereof allow.
   3. No User shall be entitled to use any content whatsoever from the company's website for a commercial purpose without the prior written consent of the company.
   4. No User shall make u se of the company website to publish material that is offensive, defamatory, illegal or unlawful, nor for the sending or dissemination or unsolicited commercial communications;
   5. No User shall cache the website except to make more efficient the transmission of content from the website which is updated information (at least every 48 hours), unmodified, acknowledged and pursuant to the purpose for which the website was intended.
   6. No person shall use or attempt to use any device or program (including web crawlers, robots or web spiders) to search, collect or copy any content whatsoever from the company website without the prior written consent of the company.
   7. Any person who links to pages beyond the home page of the website shall do so entirely at their own risk and no liability howsoever incurred shall arise on the part of the company for any damages arising from such use.
   8. The company's logo's, letterhead, domain name, graphic and text designs and other intellectual property of the company remains the sole property of the company notwithstanding its publication on the website and no implied right to make use of or copy such material shall arise from this publication or use.
   9. Any use without the express written authorisation by the company of the company's intellectual property INCLUDING METATAGS shal l be or be deemed to be an infringement of the company's copyright or trade mark and/or passing off as the case may be and the company shall take legal action to enforce such rights as it may be entitled to exercise.
5. HYPERLINKS TO THIRD PARTY SITES
   1. The website contains hyperlinks to websites not controlled by the company from time to time and unless otherwise expressly states, such a hyperlink shall not imply any suppo rt of or agreement with the owner or content provider of such third party website.
6. USER SECURITY
   1. The company does not warrant or guarantee the security of any use of the website, nor does it guarantee that any information placed on the website cannot be accessed by any unauthorised person. The company is under no legal obligation to digitally encrypt or authenticate any content on the website or any communication undertaken with a User.
   2. The company shall and has taken all reasonable measures in order to secure any data whatsoever entered on or via the website from misuse by any third party.
   3. The company does not require any electronic encryption or authentication to validate any communication between the User and the company, beyond the use of the password provided by the company.
   4. The performance by the company of any instruction furnished to it on this website shall entitle the company to payment of the agreed amount due in respect of such service.
   5. An instruction given by means of the website shall be deemed to be an instruction of the User or its duly authorised representative if the correct and valid password of the User is used in furnishing such instruction. It is the responsibility of the User to ensure the security of the password to the site.
7. LIMITATIONS ON LIABILITY
   1. The terms and conditions of carriage contained on this page above set out the particulars of the liabilities of the company relating to the provision of services generally.
   2. In addition to the above, the company records that it shall not be liable for any loss, whether direct or consequential, arising from its failure to collect or collect timeously, any specific item or delivery ordered by way of the website.
   3. The company records that it shall not incur any liabilities for damages suffered by a User, whether direct or consequential, arising from the User's inability to access the website, download any data from the website or otherwise make use of the website and records that the website may from time to time be unavailable due to causes beyond the company's control
8. WHOLE AGREE MENT AND NON-VARIATION
   1. The terms and conditions of use of the website shall constitute the entire terms and conditions of use hereof and no variation thereof shall bind the company unless entered into in writing and signed by a Director of the company.
   2. No failure to enforce any right on the part of the company shall be construed as a Waiver of the company's rights in terms of the agreement.
   3. Any provision of this agreement that is held to be unenforceable or invalid for any reason shall be severable from the balance of the terms and conditions set out herein.