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Freight Innovations shall not be a public or common earner in relation to the carriage of the goods forming the subject of this agreement and goods to be carried are accepted subject to the conditions contained herein. All and any business undertaken, including any advice, information or service provided whether gratuitously or not by the company is and shall be subject to the conditions hereinafter set out and each condition shall be deemed to be incorporated in and to be a condition of any conditions either by an oral or written undertaking or to be a condition of any conditions either by an oral or written undertaking or promises given before or after receipt of these conditions nor shall any act or omission of the company be construed as a variance or waiver of any of these conditions. If any legislation and nothing in these conditions shall be as regards such business to be read as subject to such immunities or as an increase of any of its responsibilities or liabilities under such legislation and if any part of these conditions be repugnant to such legislation to any extent such part shall be as regards such business void to that extent but no further. 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 fulfilment of the obligations of the company.
1. ROUTES AND PROCEDURES
Subject to express instructions given by the consignor and accepted by the Company in writing the Company reserves to itself complete freedom in respect of means, route and procedure to be followed in the handling and transport of goods -in particular the use of the word ‘courier’ in the description of services does not unless specifically otherwise stated, imply that goods will be accompanied by an individual at any or all stages of transit. Pending forward and delivery goods may be warehoused or otherwise held at any place at the sole discretion of the Company at the consignors risk and expenses. The Company shall be entitled, in the absence of express instructions to the contrary, to employ independent third parties to perform any or all of the functions required of the Company. The Company shall have no responsibility or liability to the consignor for any act or omission of such third party, even though the Company may be responsible for the payment for such this party’s charges, but the Company shall, if suitably indemnified against all costs, take such action against the third party on the consignor’s behalf which may be reasonably direct.
2. TARIFFS AND QUOTATIONS
Quotations where given shall be on the basis of immediate acceptance and shall be subject to withdrawal or revision by the Company. The Company shall not withstanding acceptance be at liberty to advise quotations or charges with or without notice in the event of;
The Company is entitled to any discounts obtained and to retain and be paid all brokerages, commissions, allowances and other remunerations of whatsoever nature and kind and shall not be obliged to disclose any amount to the consignor for any such remuneration received by it.
3. PAYMENT OF COMPANY’S REMUNERATION
Consignments are strictly prepaid, Freight Innovations reserves the right to delay the dispatch of shipments at it`s sole discretion to obtain payment for underdeclared weight or volume on the package(s). Freight Innovations refund policy is applicable and in the event of the consignment not being delivered through no fault on the part of the sender, a refund less 10% will be processed within 30 days, although a refund time of 7 days will be attempted but not guaranteed.
4. COMPANY’S LIEN OVER GOODS
The Company shall have a lien over all goods for monies due to the Company in respect of services rendered by the Company whether or not payment in respect f such goods is then due. Without prejudice to any of the Company’s rights against the consignor in the event of the consignor failing to pay the company any monies due by it to the company within 3 days of the tender of delivery of any goods carried, the Company shall have the right without notice to the consignor.
The exercise by the Company of any of its right accorded by this clause shall be without prejudice to any other rights it may have under this agreement or a common law in respect of the non-payment by the consignor of the Company’s remuneration.
5. FREIGHT GUARD SERVICE GUARANTEE
6. NO RESPONSIBILITY FOR LOSS OR DAMAGE TO GOODS
No responsibility or liability whatsoever shall be attached to the Company or its employees for any loss or damage to the cargo dispatched and any claim cannot exceed the maximum liability of R10 000, subject to approval by Freight Guard.
Notwithstanding anything to the contrary contained or implied within this clause 6, the Company shall not accept liability for the handling of second-hand goods, bullion, coins, precious stones, jewellery, valuables, antiques, pictures, bank notes, securities and other valuable documents or articles, livestock or plants. Should any consignor nevertheless deliver any such goods to the Company, whether or not it is aware of the nature of goods, the company shall bear no liability whatsoever in connection with any loss or damage to the goods.
7. TIME OF DELIVERY
The company shall not be liable for any delay or detention of the goods for any loss, damage or deterioration therein. Delivery is estimated and is not guaranteed, Freight innovations will not be held liable for damages for late delivery due to circumstances beyond its control.
8. LIMITATION OF LIABILITY RESULTING FROM INCORRECT ADDRESS OF CONSIGNEE OR FAILURE OF CONSIGNEE TO TAKE DELIVERY AND HANDLING OF GOODS
The consignor shall properly and accurately furnish to the Company the name and address of the consignee as also all documents that must of necessity accompany the goods or such documents as the Company may require and the Company shall not be responsible nor incur any liability for the consignee been improperly stated and the absence of gross negligence, the Company shall not be liable for any loss in the event of the delivery being affected to some person other than the consignee in the event of the consignee, or his agent, not being present to receive and accept delivery of same. In the event of consignee refusing to accept delivery of the goods in whole or part, or in the event of the Company being unable to affect delivery by reason of the address of the consignee being improperly or inaccurately stated.
The consignor shall be deemed to be bound by and to warrant the accuracy of all descriptions, values and other particulars furnished to the Company for customs consular and other purposes, and shall be deemed to have indemnified the Company against all claims, loses, penalties, damages, expenses and fines whatsoever arising from any inaccuracy or omission even if such inaccuracy or omission is not due to any negligence.
9. GENERAL INDEMNITY
The consignor shall be deemed to have indemnified the Company against any liabilities whatsoever suffered or incurred by the Company arising directly or indirectly from or in any connection with the consignor’s instructions or their implementation in relation to the goods.
10. CONSIGNOR TO ESTABLISH CONDITION OF GOODS
The onus of establishing the condition of the goods at the time of acceptance thereof by the Company shall rest on the consignor.
11. DUPLICATE DOCUMENTS
The Company is under no obligation whatsoever to provide customers with duplicates of any documents issued by it. Nevertheless the Company without being legally obliged to do so will in its discretion endeavour wherever possible to provide customers with duplicate documents but reserves the right to charge for such copies.
12. JURISDICTION OF THE MAGISTRATE’S COURT
In the event of a dispute, the Company shall be entitled to institute any proceedings against the consignor in any Magistrates Court having jurisdiction over it, even though the cause of action or amount claimed is beyond the jurisdiction of that court.
13. ATTORNEY AND CLIENT COSTS AND COLLECTION COMMISSION
In the event of the Company instructing its attorneys to recover monies from the consignor, the consignor shall be liable for and shall pay all legal costs incurred by the Company on an attorney client’s scale, inclusive of collection commission.
14. GENERAL
No act, omission, course of dealing forbearance, delay or indulgence by the Company in enforcing any of these conditions or any of its rights in terms thereof or any granting of time by the Company shall prejudice or effect the rights and remedies of the Company under these conditions and no such matters shall be treated as any evidence of waiver of the Company’s rights there under nor shall any waiver of a breach by the consignor of any one or more of these conditions operate as a waiver of any subsequent breach thereof, the Company shall at all times and without notice be entitled to insist on strict application of these conditions and on their strict enforcement on its consignor. These conditions shall be governed and construed to the laws of South Africa and shall be subject to the exclusive jurisdiction of the courts of South Africa.
Our service allows our clients to effectively run their business from a desk while Freight Innovations takes care of distribution. We can collect from any point in South Africa and deliver to any centre, providing a proof of delivery for every consignment.
Freight Innovations utilise strategic partners who are route specialists, maximising the fastest delivery at the best price.
We provide an I.T. freight management package that facilitates every accounting requirement and allows customers to check and manage statements, invoices, waybills and costs at any given time.
Freight Innovations unique and innovative business formula ensures that delivery service levels are efficiently maximised as well as cost efficacy.
