TERMS & CONDITIONS
In these terms and conditions, clause headings are for convenience and shall not be used in its interpretation and, unless the context clearly indicates a contrary intention, ‑
1.1 an expression which denotes ‑
1.1.1 any gender includes the other genders;
1.1.2 a natural person includes an artificial or juristic person and vice versa;
1.1.3 the singular includes the plural and vice versa;
1.2 the following expressions shall bear the meanings assigned to them below and cognate expressions bear corresponding meanings –
1.2.1 “Main Agreement” means any other written agreement entered into between the SLiMS and the Customer from time to time;
1.2.2 “Consignee” means the Person/Business to whom the relevant Goods are to be delivered to from time to time and/or any person who has any interest in the receipt of such Goods (whether contingent or otherwise) and their successors in title;
1.2.3 “Customer” means any person at whose request or on whose behalf SLiMS renders the services;
1.2.4 “Delivery Address” means the address nominated in writing by the Customer to which the relevant Goods are to be delivered by SLiMS (or by its agents or sub-contractors);
1.2.5 “Delivery Date” means the date by which date the relevant Goods are to be delivered by SLiMS (or by its agents or sub-contractors), based on the service type based or as nominated by the Customer and / or agreed between the Parties;
1.2.6 “Fees” means the fees payable by the Customer in consideration for each of the consignment services to be rendered by SLiMS in accordance with these terms and conditions, to be agreed between the Parties on a case-by-case basis or as stipulated in a main agreement between both parties;
1.2.7 “Goods” means any and all goods, items, consignment, package to be despatched or consigned from time to time and shall include any envelope, container, package, pouch or box in which such Goods are contained;
1.2.8 “SLiMS” means Specialised Logistics and Innovative Merchandising Solutions, a business unit of Media 24 (Pty) Ltd, registration number 1950/038385/07, and with its registered address at 40 Heerengracht Street, Foreshore, Cape Town;
1.2.9 “Owner” means the owner of the goods to which any business concluded under these terms and conditions relates and other any other person who is or may have or acquire any interest, financial or otherwise therein;
1.2.10 “Parties” means SLiMS and the Customer, and includes an individual reference to anyone or both of them, as the context may require;
1.2.11 “Sub-Contractor” means any entity appointed or contracted by SLiMS to render logistic and logistic services alternatively aspects of service on behalf of SLiMS whether such service relates to road, rail, air freight or any aspect related to the rendering of logistic services in generally;
1.2.12 “Taxes” means sales taxes, value-added taxes, and similar taxes, together with any interest, penalties, fines and expenses in connection therewith, which are payable in respect of the consignment of the relevant Goods and/ or the relevant Fees; and
1.2.13 “Waybill” means a single consignment note reflecting the date, names and addresses of the Customer and the Consignee and the service level.
2. SERVICES RENDERED BY SLIMS
2.1 SLiMS provides consignment or logistic services to the Customer by providing and or facilitating the collection, carriage and delivery of Goods on the basis that it is neither a common carrier nor a public carrier.
2.2 Subject to express prior instructions in writing by the Customer, SLiMS reserves to itself complete freedom in respect of means, route and procedure to be followed in the handling and transport of goods including but not limited to the use of sub-contractors or third parties. The use of the term “logistic or 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.
3. CONDITIONS OF CARRIAGE
3.1 SLiMS will not carriage any items, goods, consignment, package with content (nor any part thereof) that are:-
3.1.1 dangerous or may become dangerous, or which by their nature may injure, damage, taint or contaminate;
3.1.2 combustible or explosive materials, inflammable, radio-active, noxious or fall within any category of goods listed in the Dangerous Goods Regulations manual issued from time to time by the International Air Transport Association (IATA);
3.1.3 by their nature likely to harbour or attract vermin or pests or cause injury or damage to any person, goods or property whatsoever;
3.1.4 livestock or plants;
3.1.5 perishable and/or frozen food stuffs or fall within any category of goods listed in the Perishable Cargo Regulations manual issued from time to time by the International Air Transport Association;
3.1.6 gold and silver bullion, coin, dust, cyanides, precipitates or any form of uncoined gold and silver ore, bullion, platinum and other metals, precious and semi-precious stones including commercial cartons or industrial diamonds;
3.1.7 currency (paper or coin) of any nationality, negotiable securities, stocks, bonds, certificates, uncancelled postage or revenue stamps, war savings or thrift stamps, blank or endorsed bank cashier’s cheques, money orders or traveler’s cheques or antiques;
3.1.8 Lithium‐Ion Batteries without correct packaging;
3.1.9 Blood Samples, Laboratory Specimens without any special packaging and warning labels; and / or
3.1.10 Firearms and/or Ammunition.
3.2 In the event that any Customer should consign any of the above items with SLiMS, the Customer shall indemnify SLiMS for all claims, damages, fines, penalties, taxes and expenses arising in connection therewith and SLiMS shall have the right to deal with such items as it shall see fit including the right to abandon carriage of the same immediately upon SLiMS having knowledge that such item infringes these conditions.
3.3 SLiMS will notify Shippers from time to time of any materials, which are not acceptable by SLiMS for carriage.
3.4 SLiMS reserves the right to inspect the documents or goods, consigned by its Customers to ensure that all documents or goods are capable of carriage to the destination within the standard operating procedures and handling methods of SLiMS. In making this reservation, the SLiMS does not warrant that any particular item to be carried is capable of carriage and delivery without infringing the law of any country or state from, to or through which the item may be carried.
3.5 If the transportation of any consignment involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or Montreal Convention may be applicable and the Convention governs. In most cases this further limits the liability of SLiMS in respect of loss or damage to such consignments.
3.6 No obligation whatsoever exists or will exist upon SLiMS to make any claims on behalf of the Customer arising out of any claim which the Customer might have against any third party.
4.1 Quotations are given on the basis of immediate acceptance and subject to the right of withdrawal or automatic increase or decrease accordingly. If any changes occur in the rates of freight, insurance premium or other charges applicable to the goods, quotations and changes shall be subject to revision accordingly with or without notice. Should the Customer’s parcel exceed the quoted actual mass by the volumetric weight, SLiMS will charge a fee based on the highest weight between actual or volumetric weight.
4.2 The Customer shall be liable for any duty, tax, import or outlays of whatsoever nature levied by the authorities at any port or place in connection with the goods, and for any payments, fines, expenses, loss or damage incurred or sustained by SLiMS in connection therewith. The Customer indemnifies and holds SLiMS harmless against any payments made to the authorities.
4.3 The Fees shall be:-
4.3.1 inclusive of all costs and charges of any agents or sub-contractors appointed by the SLiMS, which shall be for the account of SLiMS;
4.3.2 exclusive of all Taxes payable in respect of the consignment of the relevant Goods and the Customer shall be liable to pay an amount equal to any such Taxes to SLiMS in addition to the Fees;
4.3.3 exclusive of all duties payable in respect of the relevant consignment or dispatch of the Goods, and the Customer shall be liable to pay an amount equal to any such duties to SLiMS in addition to the Fees.
4.3.4 exclusive of any surcharges for services i.e. Early Bird Express, Saturday Service, After Hours/ public holidays, Embassies & Consulates, Mines, Power stations, Farms, Townships, Plots, Retail or Chain store deliveries, Rural areas or Outlying Regional areas; and
4.3.5 exclusive of any additional charges levied by SLiMS for the increase in the monetary liability of SLiMS contemplated in clause 12.
4.4 A 25 % handling fee will be levied for any cancellations and deducted from any refund or credit given or agreed to.
5. SERVICE TYPES AND AREAS
5.1 SLiMS will provide logistic services between the areas stipulated in clause 5.2, within the time frames set out below:-
5.1.1 Next Day Service (ONX) – this service is only available in major centers where Goods are collected before 13h00 and delivered before 17h00 the next day;
5.1.2 Economy Service (ECO) – this service is available in all areas, save that the delivery times will vary as follows:
22.214.171.124 major centers: between two (2) to three (3) Days;
126.96.36.199 regional areas: between three (3) to five (5) Days; and
188.8.131.52 outlaying regional areas: between five (5) to ten (10) Days.
5.1.3 Specialised Services – these are services that do not fall within the ONX and ECO services above, as agreed between the Parties, from time to time.
Bloemfontein, Cape Town, Durban, George, Gqeberha, Johannesburg, Kimberley, Mbombela, Polokwane and Pretoria.
5.2.2 Regional Areas:
Delivery addresses, towns and or cities within a 50km radius from the Major Centre as per clause 5.2.1 above.
5.2.3 Outlaying Regional Areas:
Delivery addresses, towns and or cities beyond a 50km radius from the Major Centre but within 150 km of a Major Centre.
These areas are serviced on selective days and, as such, the onus on the Customer to confirm delivery days to these areas prior to sending the Goods. SLiMS reserves the right to refuse some deliveries to these areas due to availability.
5.3 SLiMS does not provide collection or delivery services to Hospitals, Farms, Power Plants, Tender submission, far outlying areas, informal settlements or any high-risk areas and as determined by SLiMS from time to time.
6.1 The Customer shall be responsible for the accuracy and completeness of the particulars inserted in the Waybill and for ensuring that all shipments set out adequate contact details for the Customer and Consignee, and that they are so packed, marked and labelled to enable effective delivery to be made.
6.2 SLiMS will deliver the Goods to the Consignee or any other person appearing to have authority to accept delivery of the Goods on the Consignee’s behalf, such as persons at the same premises as the receiver.
6.3 Unless the Customer has specified that delivery may only be accepted by the person named on the Waybill, SLiMS will discharge its delivery obligations if the Customer or Consignee or any person found at the Delivery Address appearing to have authority to accept delivery, accepts delivery of the Goods. SLiMS shall not be obliged to ensure that the Goods reach the named Consignee or Customer after delivery at the Delivery Address.
6.4 SLiMS will not be liable for delays caused by incorrect delivery information on the Waybill and will charge an additional cost to the Customer if the address provided is incorrect and the consignment needs to be redelivered to a newly provided address.
6.5 SLiMS reserves the right to contact the receiver of the consignments to confirm:-
6.5.1 address and availability of the Consignee; and
6.5.2 any special instructions for such delivery.
6.6 Whilst SLiMS will do its utmost to ensure that all deliveries are made within the time period of the relevant service type, delivery times are not guaranteed and SLiMS will not be liable for delays in delivery that are not caused by SLiMS.
7. OWNER’S RISK
All handling, packing, loading, unloading, warehousing and transporting of Goods by or on behalf of or at the request of SLiMS are effected at the sole risk of the Customer and / or the Owner, and the Customer hereby indemnifies SLiMS accordingly.
It is the Customer’s responsibility to ensure that Goods are, at all material times, adequately insured against loss or damage to their full value on an all-risk basis. Should the Customer fail to obtain such insurance then the Customer shall bear all risk of loss or damage to such Goods and hereby indemnifies SLiMS accordingly.
9. PERSONAL INFORMATION
9.1 In order to provide services to the Customer in accordance with these terms and conditions, SLiMS:
9.1.1 will collect, store and use the Customer’s name, address, billing and other personal information as defined in the Protection of Personal Information Act 4 of 2013;
9.1.2 will retain the personal information for as long as it is necessary to provide the services to the Customer;
9.1.3 may be required to give third parties access to the Customer’s personal information from time to time;
9.1.4 will take reasonable steps to ensure that third parties with whom it is required to share the Customer’s personal information treat it with the same level of care as SLiMS, however, SLiMS does not have direct control over the manner in which such third parties store and / or use such personal information.
9.2 The Customer hereby consents to the collection and processing of its personal information for the aforesaid reasons.
9.3 The Customer agrees that SLiMS is not liable for any loss or damage which it may suffer as a result of the manner in which third parties accesses, uses and / stores the Customer’s personal information.
10. CUSTOMER’S WARRANTIES
The Customer warrants that:-
10.1 it is either the owner or the authorised agent of the owner of the Goods in respect of which the Customer instructs SLiMS and that each such person is bound by these terms and conditions;
10.2 all information and instructions supplied or to be supplied by it to SLiMS is and shall be accurate, true and comprehensive, and in particular, without derogating from the generality of the aforegoing, the Customer shall be bound by and warrants the accuracy of all descriptions, values, marks, brands, weights, numbers, contents and other particulars furnished to SLiMS for Customs, consular and other purposes, and the Customer warrants that it will not withhold any necessary or pertinent information, and indemnifies SLiMS against all claims, losses, penalties, damages, expenses and fines whatsoever arising as a result of a breach of the aforegoing including any assessment or reassessment;
10.3 all Goods will be safely, properly, adequately and appropriately prepared and packed, marked and labelled, and capable to withstand the normal hazards inherent in the collection, carriage and delivery of the Goods and hereby indemnifies SLiMS accordingly;
10.4 it has complied with all applicable laws and regulations and has all the necessary permits, clearances and permission of any relevant authority that may be required in respect of the Goods;
10.5 The Shipper of any goods, and their agents, if any, shall be deemed to be bound by and to warrant the accuracy of all descriptions, values and other particulars furnished to SLiMS for Customs, Consular and other purposes.
11. LIABILITY OF SLIMS
11.1 Subject to the provisions of clause 11.2 and clause 11.3, SLiMS shall not be liable for any claim of whatsoever nature, whether in contract or in delict, and whether for damages or otherwise, howsoever arising, unless:-
11.1.1 such claim arises from a negligent act or omission on the part of SLiMS; and
11.1.2 in circumstances where the claim relates to the loss of, damage to, or delay in relation to the carriage of goods, such claim arises at a time when the goods in question are in the actual custody of SLiMS and under its actual control.
11.2 Notwithstanding anything to the contrary in these terms and conditions, SLiMS shall not be liable, in any event, for any consequential or special damages or other indirect losses, as a result of any omission by SLiMS, its servants, sub-contractors, agents or independent third parties, however arising, whether or not SLiMS had knowledge that such damage might be incurred, including, but not limited to loss of income, profits, interest, utility or loss of market.
11.3.2 The amount of loss or damage to a document or parcel actually sustained, evidenced by relevant documentation; or
11.3.3 The actual value of the document or parcel with regard to its commercial utility or special value to the Customer.
11.4 Where the transportation of the Goods is governed by the Montreal Convention or the Warsaw Convention, the liability of SLiMS for the delay, loss or damage of the Goods shall be limited in accordance with the provisions thereof.
12.1.1 written notice to SLiMS before the Goods are collected from the Customer, together with a statement of the value of the Goods; and
12.1.2 paying any such additional fee as may be levied by SLiMS at its discretion in order to increase its liability.
12.2 Upon receipt of such notice SLiMS may, in its absolute discretion, agree to its liability being increased to a maximum amount equivalent to the amount stated in the notice. Should SLiMS agree to the increased amount, the Customer will be deemed to have agreed and undertaken to pay such additional fee as will be required by SLiMS to increase its liability as contemplated in clause12.1.2 provided that, should SLiMS not agree to the increased liability or the Customer fail to make payment of the additional fee, the limits set out in clause 11.3 will apply.
12.3 Nothing in this clause 12 shall be construed as assumption of liability by SLiMS for all loss or damages to the Goods and the Customer understands that this clause is applicable on in the event that SLiMS is liable to the Customer in terms of clause 11.1.
13. CLAIMS PROCEDURE
13.1 Any and all claims against SLiMS must be must be made in writing on a claim form supplied by SLiMS and emailed to email@example.com, within fourteen (14) days of the event giving rise to the claim failing which such claim shall be deemed to have been extinguished for all intents and purposes.
13.2 Subject to compliance with 13.1 above, any claim against SLiMS shall be extinguished for all purposes twelve (12) months after the event giving rise to the claim, unless summons or other process instituting legal action has been served on SLiMS prior to expiry of this period.
13.3 The signature of SLiMS’ delivery note by the Customer or Consignee or recipient of the Goods, in acknowledgment of it having received the Goods referred to therein in good condition, shall be conclusive proof of the goods referred to therein having been properly delivered by SLiMS in good order and condition.
13.4 Any claim against SLiMS for loss or damage to the goods shall, in addition, be extinguished for all purposes unless the customer or other consignee or recipient of the goods notes the nature of such loss or damage on the delivery note at the time of taking delivery.
13.5 The provisions of 13.4 shall apply even though the Customer / Consignee or recipient may have endorsed the delivery note with the words “not checked” or similar words.
13.6 The Customer may only make one (1) claim per consignment, limited to the maximum value as per limit in clause 11.3 or such higher value as agreed by the parties in terms of clause 12.1
14.1 Without prejudice to any rights or securities which SLiMS may have under these terms and conditions or in law, the Customer hereby indemnifies and holds SLiMS harmless against all liabilities, damages, fines, penalties, taxes, costs (including legal costs on a full indemnity basis) and expenses whatsoever incurred or suffered by SLiMS, or any other person, arising directly or indirectly from or in connection with the Customer’s express or implied instructions or their implementation by or on behalf of or at the instance of SLiMS in relation to any Goods and in particular, but without limitation of the aforegoing, in respect of any liability whatsoever which may be incurred:-
14.1.1 to any haulier, carrier, warehouseman or other person whatsoever at any time involved with such Goods arising out of any claim made directly or indirectly against any such person by the Customer or by any consignor, consignee or owner of such Goods or by any person having an interest in such Goods or by any other person whatsoever;
14.1.2 to any owner or consignee of such Goods who is not the Customer of SLiMS where SLiMS performs the service of a deconsolidation agent, or any other service;
14.1.3 to any carrier of the Goods if SLiMS is the consignor or consignee of the Goods;
14.1.4 arising from any negligence, inaccuracy or omission on the part of the Customer; and / or
14.1.5 as a result of any breach of any of the Customer’s warranties.
15. FORCE MAJEURE
15.1 SLiMS shall have no liability to the Shipper in respect of any losses, liabilities, damages, costs or expenses of any nature whatsoever which may arise as a result of delay or failure to comply with or breach of any of the terms and conditions of these terms and conditions by SLiMS if occasioned by or resulting from a force majeure event, including, but not limited to an act of God or public enemy, fire, explosion, earthquake, volcanic eruption, perils of the sea, flood, war (declared or undeclared), terrorist action, revolution, mutiny, rebellion, civil commotion or other civil strife, riot, strike, blockade, embargo, confiscation, destruction by or under the order of any government or official, seizure, expropriation, requisition, sanction, epidemic, act of any government or other authority, compliance with government orders, demands or regulations, or any circumstances of a similar nature beyond the reasonable control of SLiMS.
16. GOVERNING LAW
These terms and conditions shall be governed by the laws of the Republic of South Africa.
17.1 Any services to be rendered by SLiMS may, in the sole discretion of SLiMS, be fulfilled by SLiMS itself, by its own employees performing part or all of the relevant services, or by SLiMS sub-contracting such services to a third party.
17.2 Where SLiMS employs third parties to perform all or any of the functions which it has agreed to perform, the Customer agrees that SLiMS shall have no responsibility or liability to the Customer for any act or omission of such third party; save that SLiMS shall, upon request from the Customer, cede any claim it may have against the third party to the Customer.
For Shipper ease of reference and understanding regarding the regulations and explanations and/or summaries, the Shippers attention is draw to the following documentation which have been made available on the following URL links –
IATA Dangerous goods Regulations: