STANDARD TRADING CONDITIONS ON DOMESTIC COURIER SERVICES
1. CONDITIONS OF CARRIAGE
DDU EXPRESS SA shall not be a public or common carrier in relation to the carriage of goods forming the subject of these Conditions and to any goods carried are accepted subject to the conditions herein. Under no circumstances shall any strict liability attach to the company. No amendment or consensual cancellation of any of the provision or terms hereof and no extension of time or waiver or relaxation of any provision of this agreement shall be binding unless recorded in a written document signed by a Director of the company and the customer. All business undertaken including advise, information or service provided by the Company shall be subject to the conditions set out and each condition shall be deemed to be incorporated in and to be a condition of this agreement between the Company and the sender of the goods. These conditions cannot be changed either by oral written undertaking or promise by any employee of the Company before or after receipt of these conditions. Goods are accepted subject to the conditions stipulated by all other carriers and parties into whose possession or custody they may pass to finalize and deliver goods that come into their possession.
2. OPERATIONAL PROCEDURES
The Company reserves the right to transport the goods received from any Consignor by any means at its disposal and may use any carrier to perform its duties. All goods that require forwarding to facilitate delivery may be held at the Company’s discretion and cost until suitable delivery arrangement can be arranged. The Company is entitled to use independent parties to perform any of the functions required for completion of its duties. The Company shall have no responsibility or reliability for the payment for such third parties’ charges. The Company however will take action on behalf of the Consignor should the independent carrier fail to carry out its duties suitably.
3. TIMEOUS INSTRUCTIONS
The customer shall be obliged to give any instructions to the company timorously and in writing in order to afford the Company a reasonable opportunity to comply with such instructions, but the company shall be entitled, but not obliged, to act on oral instructions alone. If there is a conflict between any oral or written instructions or in the written instructions themselves or in the absence of instructions, the Company shall determine the course to be adopted, in its sole discretion, having regard to the Consumers known requirements, if any. Notwithstanding that the company may purport or attempt to act on any instructions, no liability shall attach to the Company for failure whether negligent or otherwise, to perform such instructions. The Company shall be entitled to recover its charges and/or expenses including those incurred acting in terms hereof.
4. TARIFFS, QUOTATIONS and or ESTIMATES
All quotations and estimates provided are subject to withdrawal or revision by the Company. The Company shall be at liberty to revise quotations or tariffs with or without noticing cases where the Company’s costs are affected by any of its suppliers, airlines or shipping lines. Charges are calculated based on the information provided by the customer at the time of estimating charges either on actual or volumetric mass and quantity pieces, and for purposes of rating, the greater of the two is deemed to be the chargeable mass.
5. COLLECTION OF GOODS
If any goods have not been accepted or collected by the Consignee within a reasonable time after the tender thereof and for the purposes thereof notification to the Consignee of the fact that the goods are available for collection or that the Company is willing to deliver the goods shall be deemed to be a good and sufficient tender, the Company shall notify the Customer at its domicilium citandi et executandi and after the expiration of (10) ten days from the posting to that address of such written notice and unless the Customer shall give the Company instructions to redeliver the goods at the Customer’s expense, the Company shall be entitled and authorized irrevocably and in re suam, to sell or dispose of the goods and retain the proceeds the charges, expenses and costs incurred in the carriage thereof.
6. CONDITIONS OF PAYMENT
Payment is due on presentation of Invoice. Interest will be charged at prime plus 2% on all overdue accounts Payment of account is not subject to proof of delivery. The Company shall be entitled to charge the Consignor warehousing charges in respect of any period during which the goods are stored after tender of delivery up to and including the time of payment of all monies owing to the Company by the Consignor. If any amounts owing by the Consignor is unpaid on due date, then – All other amounts owing by the Consignor to the Company whether due and payable or not, shall become due and payable forthwith, and – the Company shall be entitle but not obliged (and without prejudice to any of its other right against the Consignor) by notice in writing to the Consignor to rescind or suspend performance of any of its obligations under this agreement and all discounts will be forfeited. The Company shall be entitled to payment of any charges, disbursements or any amounts due to it, notwithstanding that the parties may have a dispute with certain or other invoices or debit notes, whether including or partly including the amounts now sought to be charged, and whether or not any notice was given that further debits were to follow. A Certificate signed by any Director of the Company shall be prima facie proof of any amount owing to the Company, and if any invoice sent by the Company is not queried in writing by the Customer within fifteen (15) days from the date of the invoice, such invoice will be deemed correct.
7. THE COMPANY’S RIGHT IN TERMS OF GOODS IN ITS POSSESSION
The Company reserves the right to open and examine any goods tendered to fulfill security obligations at any time. Should the Consignor fail to settle his obligations to the Company, the Company shall have the right, without notice to the Consignor, to sell either by public auction or private treaty, and at its entire discretion the whole or part of the goods and to apply the proceeds of any such sale, after deducting all expenses accruing in payment of or towards any sum due by the Consignor to the Company and to pay the Consignor any surplus, without interest, within sixty (60) days after such sale whereupon the Company shall be released of all liability whatsoever in respect of the goods carried. The clause outlined above shall not prejudice any common law rights in respect of non-payment by the Consignor of the Company’s remuneration.
Any charges that may be incurred, by the Company in respect of the storage, sales or disposal of the goods and the compilation of any documents relating thereto shall be incurred on an attorney/client scale.
If it is necessary for an examination to be conducted by the Company in respect of any discrepancy in the goods which are landed from any vessel, aircraft, vehicle or container, no responsibility shall attach to the Company for any failure whether negligent or otherwise to hold such examination or take any other action.
8. DELIVERY OF PARAMETERS
The Company shall not be liable for any loss, damage or deterioration unless such delay or deterioration can without doubt be attributed willful, default or gross negligence on the part of the Company.
9. DELIVERY OF GOODS
The onus of establishing the conditions of the goods at the time of delivery thereof by the Company shall rest with the Consignor. Without limiting the generality of the a foregoing, the Company shall be entitled to delay the dispatch of any goods if they, in their sole discretion of the Company, consider it necessary for the safety of the goods or if, in the sole discretion of the Company, there is a backlog of goods with higher priority
10. COMPANY LIABILITY
The Company shall not be liable for any loss or damage unless a claim is made in writing within seven (7) days after delivery of the goods by the Company to the Consignee.
– The Company’s liability shall not exceed fifty (50) Rand per Consignment.
– The Company shall not be liable for indirect or consequential loss or damage to any consignment
11. LOSS OR DAMAGE TO GOODS
No responsibility or liability whatsoever shall attach to the Company or its employees for any loss or damage to goods unless such loss or damage
– occurs whilst the goods are in actual care of the Company, and
– is due to the willful act or default of the Company or its employees. The Company shall under no circumstances be liable for
– loss or damage incurred through goods being tendered with inadequate packing
– any loss or damage whatsoever caused by the perishable, fragile or brittle nature of the goods.
Notwithstanding anything to the contrary contained or implied in this clause eleven (11), the Company shall not accept liability for the handling of any Bullion, coins, precious stones, jewelry, valuables, antiques, pictures, bank notes, securities and other valuable documents or articles unless special arrangements are made in writing prior to the goods being tendered.
12. DANGEROUS GOODS
No goods including radioactive materials which are or may become dangerous, inflammable or noxious, or which by their nature are or may become liable to cause injury or damage to any person, goods or property whatsoever without its consent in writing prior to the goods being tendered. Should the Company consent to the movement of any of the above the containers or packaging must be marked accordingly as to comply with the applicable legislation, regulations or requirements of any authority. The Company reserves the right to destroy any of the above should the necessary consent not be confirmed in writing prior to the goods being tendered. Whether or not the Consignor was aware of the nature of the goods and whether or not the Company’s written acceptance thereof was obtained the Consignor shall be deemed to have indemnified the Company against all loss, damage or liability caused by the Company as a result of the tender of the goods to the Company.
The Company shall insure the goods for an amount not exceeding One Thousand Rand (R 1000), where insurance is requested but no value declared for a premium of Eleven Rand (R11,00) only. Where insurance is requested, and the value declared exceeds One Thousand and (R 1000) a premium representing One Comma One (1,65%) percent of the declared value will be levied. In the event of the claim, two (2) percent excess applies. The Company is not obliged to insure goods exceeding Twenty Thousand Rand (R20 000). Should any dispute arise over the insurance arranged on behalf of the Consignor by the Company, the Consignor shall have recourse against the insurer only and the Company shall not incur any liability in relation to the dispute, notwithstanding that the premium on the policy may not be at the same rate as that changed by the Company. All charges, including the premium, owing to the Company in respect of the services rendered will be payable to the Company as per the conditions of payment laid out in these conditions of carriage. The Consignor shall lodge all claims in terms of insurance to the Company in writing within Seven (7) days of the goods being delivered to:
DDU EXPRESS SA
Private bag X32
Kempton Park, 1620
14. WARSAW CONVENTION
When shipments are tendered for international destinations the governs of the Warsaw Convention may apply and, in most cases, further limits the liability of the Company in respect of loss or damage to such consignments.
In cases where non-payment of monies due to the Company occur the Consignor shall be liable for and shall pay all legal costs incurred. The Customer shall be liable for all costs incurred in the recovery of any monies here under, including collection commission. attorney and client costs, whether incurred prior or during the institution of legal proceedings, or, if Judgement has been granted in connection with the satisfaction or enforcement of such Judgement
No relaxation or indulgence of these conditions of carriage shall in any way prejudice the Company’s rights nor shall they be deemed to be a waiver of any of the Company’s rights in terms of these conditions and no variation of such conditions shall be binding upon the Company.
The Consignor appoints his address overleaf as his domicilium ditandi et executandi for all purposes relating to this agreement.
18. JURISDICTION OF MAGISTRATES COURT
The Company shall be entitled to institute any proceedings against the Consignor in any Magistrate’s court having jurisdiction over it, even though the cause of action or amount of claimed is beyond the jurisdiction of the court.
STANDARD TRADING CONDITIONS FOR AIRFREIGHT IMPORT AND EXPORT SERVICES – 01 January 2018 until further notice
Pricing quoted is valid for the calendar month mentioned and for bookings made within that month. The rates are no longer valid upon the end of the calendar month
Rates include fuel and security surcharges as of the 1st day of the month based and are based on chargeable weight
Should a shipment be secured, and the total invoice value exceeds your payment terms we would ask that the difference be paid on a cash basis in order to bring your credit limit back in line, unless prior arrangements have been made.
Customers without payment terms will need to settle invoices on a cash basis, cargo will not be issued for delivery without payment being received in full. Applications to conduct business and applications for payment terms are available on request
Pricing based on general cargo, lower deck, narrow body aircraft and are subject to space availability. Rates for wide body aircraft available on request and may differ from published pricing.
The rates quoted are also subject to the commodity description and are not valid for HUM/AVI/OVERLAP/VAL temperature-controlled or express, these rates are available on request and where available
Estimates and quotes are based on the information provided and may be subject to change if the said information is incorrect
Rates and pricing are subject to change without notice
Destination charges for DAP, DDU, DDP shipments are available on request where available
All rates are based and billed in ZAR
All business dealings are done in line with our standard trading terms and conditions as part of our application to conduct business and are available on request
Export & Import customs entries available are at R550 per entry, amount excludes VAT
It is the responsibility of the exporter to have commercial invoices, permits and cargo packed and ready for export
Charges payable at destination will be for the consignee’s account, e.g. airline handling/handover fees/customs clearance/duties/taxes etc unless otherwise specified or arranged
Where required, certain countries need all plant and wooden products to be fumigated, including but not limited to wooden crates used for packing. Please note that any fumigation charges will be for the shippers account. Any additional charges as a result of seizure or return of goods will not be for the account of DDU EXPRESS SA
The Shipper certify that the contents of the consignment are properly identified by name, in so far as any part of the consignment contains; Dangerous Goods, such part is in proper condition for carriage by air to the applicable Dangerous Goods Regulations, DDU EXPRESS SA can handle the relevant packing at origin station at shipper’s request.