- “the Carrier” shall mean Deliver it Couriers or any sub-contractor or agent appointed by it.
- “Contract” shall mean any contract entered into between the Carrier and the Customer including waybills and this agreement.
- “Customer” shall mean the party with whom the Carrier is contracting, and shall, unless the context indicates otherwise, include a reference to the owner of the Goods forming the subject matter of the Contract
- “Goods” shall mean any movable Goods accepted by the Carrier from the Customer, and shall include containers or other covering or receptacle not supplied by the Carrier.
- “Claim/s” means any claim of whatsoever nature;
- “the Company” means DELIVER IT COURIERS (PTY) LTD T/A DELIVER IT COURIERS.
- “Person” means any Person, Company, Close Corporation, Trust, Partnership or other entity whether or not having separate legal personality;
- “Party/Parties” means DELIVER IT COURIERS (PTY) LTD T/A DELIVER IT COURIERS and any other person/individual or entity that uses or accesses our Website and/or transacts through our website.
- “Register/Registration” means create an account on our Website/the action of creating an account on our Website;
- “Service” means all or any of the services provided by DELIVER IT COURIERS (PTY) LTD T/A DELIVER IT COURIERS via the Website or via other electronic or other communication from DELIVER IT COURIERS (PTY) LTD T/A DELIVER IT COURIERS, including but not limited to the information services, content and transaction capabilities on the Website and the ability to make a Purchase;
- “Website” means DELIVER IT COURIERS Website www.deliveritcouriers.info and any auxiliary website supplementary to our main website.
- any reference to –
- the singular includes the plural and vice versa;
- natural persons includes juristic persons and vice versa;
- any one sex or gender includes the other sexes or genders, as the case may be;
- If any provision in a definition is a substantive provision conferring rights or imposing obligations on any party, notwithstanding that it is only in the definitive clause, effect shall be given to it as if it were a substantive provision in the body of the Agreement.
- When any number of days is prescribed in this Agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next day succeeding that day which is not a Saturday, Sunday or Public Holiday.
- Where any term is defined within the context of any particular clause in this Agreement, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that the term has not been defined in this interpretation clause.
- The expiration or termination of this Agreement shall not affect such of the provisions of this Agreement as expressly provided that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
- The rule of construction that the contract shall be interpreted against the party responsible for the drafting or preparation of the agreement, shall not apply.
- The use of uppercase or lower case shall not have any impact on the meaning ascribed to any term used in this Agreement, notwithstanding whether such term has or has not been defined in this interpretation clause.
2. TERMS AND CONDITIONS OF USE
By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you acknowledge and confirm that you have read all of the terms of this Policy and our Website’s Terms and Conditions, and that you understand, accept and agree to be bound by all the provisions contained in this Policy and the Terms and Conditions as contained on our Website.
To transact on our Website or to enter into any legally binding transaction in respect of our Website or related thereto you, must be at least 18 (Eighteen) years old.
By entering into any transaction with us you confirm and consent that you are at least 18 (Eighteen) years old.
Should you be under the age of 18 (Eighteen) it shall be deemed that your parent/s or legal guardian/s have provided you with consent to enter into any transaction on our website and accordingly we shall not be held liable for any claim arising should we be mislead in this regard.
PREVENTION ON USE
We reserve the right to prevent you from using our Website in its entirety and to prevent you from making any purchases or entering into any transactions.
Should we decide to enforce our rights as stated herein-above, you may request reasons for preventing you from using our website in writing within 5 (Five) days after so being prevented, which reasons shall be furnished to you within 14 (Fourteen) days from the date upon which your request has been received.
The use of the Website, Services thereon or entering into any transaction with us, does not include the provision of a computer or any other necessary equipment to access the Website, Service, making of any Purchase.
We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur when using our Website or to transact with us.
3. GENERAL TERMS
- The Carrier is not and shall not be a public or common Carrier in relation to the carriage of the Goods forming the subject matter of this agreement, and it may refuse for carriage any Goods or class of Goods.
- All and any business undertaken, including any advice, information or service provided whether gratuitously or not by the Carrier is and shall be subject to the conditions hereinafter set out and to the Contract, and each condition hereinafter shall be deemed to be incorporated in and to be a condition of any agreement between the Carrier and its Customer.
- The Customer hereby authorises the Carrier to act as its agent and to enter into Contracts of Carriage on terms and conditions no more onerous to the Customer than the conditions contained in this Contract, with any other Carrier, Government Department or third party into whose possession or custody the Goods may pass or may need to pass, or subject to whose authorities the Goods may at any time be during the period of the Contract, subject to the provision that the Conditions contained in this Contract shall continue to apply and to govern the relationship between the Carrier or the sub-contractor and the Customer.
- 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 Carrier.
3. QUOTATIONS AND CHARGES
- All quotations by the Carrier shall be provided for via email or messages prior to payment.
- Quotations, where given, shall be on the basis of immediate acceptance and shall be subject to withdrawal or revision by the Carrier.
- If any changes occur in the rates of freight, insurance premium or other charges applicable to the Goods, quotations and charges shall be subject to revision accordingly with or without notice.
5. DESCRIPTION OF GOODS
- The Customer shall provide to the Carrier prior to loading a full documented description of the Goods on the website. All relevant information pertaining to the goods should filled out accurately.
- The Customer shall be deemed to be bound by and to warrant the accuracy of all descriptions, values and other particulars furnished to the Carrier.
- The Customer hereby indemnifies and holds indemnified the Carrier against all losses, damages, expenses and fines which may arise and which may be claimed from the Carrier as a result of any inaccuracy or omission of description, values and other particulars in respect of the Goods.
- The onus of establishing the condition of the Goods at the time of acceptance and delivery thereof by the Carrier shall rest on the Customer and the Consignee.
- The Customer shall properly and accurately furnish to the Carrier the name and address of the consignee and also all documents of necessity must accompany the Goods as the Carrier may require.
- The Carrier shall not be responsible nor incur any liability for any loss or incorrect delivery of the goods due to the name and address of the consignee being improperly stated and the Customer indemnifies the Carrier against all expenses, claims or fines arising from any inaccuracy or omission of descriptions, values or other particulars even if the inaccuracy or omission of descriptions, values or other particulars occur without negligence on the part of the Customer.
- The Carrier shall not be liable for any loss in the event of delivery being effected 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.
6. 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, shall be tendered to the Company without its express consent in writing. The goods or container, package or other covering in which the goods are to be tendered to the Company or its agents shall be prominently marked on the outside so as to indicate the nature and character of the goods, and so as to comply with any applicable laws, regulations or requirements of any authority or Carrier.If any such goods are tendered to the Company without its written consent or without being marked as aforesaid those goods may at any time be destroyed, disposed of, abandoned or rendered harmless at the sole discretion of the Company and at the entire risk and expense of the Customer, without compensation to him or any other party, and without prejudice to the Company’s right to claim its charges or fees including the cost of destruction or disposal. Notwithstanding the acceptance of such goods with its express consent, the Company may nevertheless at its sole discretion destroy or otherwise deal the goods at the entire risk and expense of the Customer, without compensation to him or any other party, and without prejudice to the Company’s right to claim its charges or fees including the cost of destruction or disposal.
- Whether or not the Customer was aware of the nature of the goods and whether or not the Company’s written acceptance thereof was obtained, the Customer shall be deemed to have indemnified the Company against all loss, damage or liability caused to or incurred by the Company as a result of the tender to and/or handling and haulage by the Company of such goods. Goods which are likely to harbour or encourage vermin or other pests shall be deemed to be dangerous goods.
7. COLLECTION AND DELIVERY
- The Carrier will not be responsible for any loss or damage howsoever arising from or during the loading and unloading of the vehicle unless the Goods/packages were insured.
- Without in any way limiting the generality of the foregoing, it shall be the express responsibility of the Customer to ensure that:
- The Customer is satisfied that the Carrier’s vehicle is suitably clean for the purposes of receiving and conveying the Goods before loading of the Goods into the Carrier’s vehicle is commenced;
- All Goods loaded shall be in such condition as to enable them to be freely off-loaded at the off-loading point; and
- Suitable access and off-loading facilities will be provided at the off-loading point.
- The Customer hereby indemnifies the Carrier and holds it harmless against all costs, expenses, claims, losses, damages or injuries to any person or property howsoever arising and whatsoever nature and whether direct or indirect arising out of or during the course of any such loading or unloading and including any costs, expenses, claims, losses, damages or injuries arising out of the contamination of any Goods whatsoever.
- In the event of the consignee refusing to accept delivery of the Goods in whole or in part, or in the event of the Carrier being unable to effect delivery by reason of the address of the consignee being improperly or inaccurately stated:
- And being compelled to return the Goods to the Customer, then the Customer shall be liable for all costs incurred in the return of such goods whether on the same basis as originally agreed upon or on any other basis whatsoever;
- Or being compelled to dispose of such goods by reason of their perishable nature for whatsoever other reason, the Carrier shall not be liable for any damage to, or loss of such goods or any loss or damage arising out of the disposal thereof and the Customer shall be liable to the Carrier for all costs incurred in connection with the disposal of such Goods.
- It is the Customer’s duty to be available and present at the collection address in order to ensure that the delivery item/s is/are collected to be delivered to the Consignee as per the instructions provided on the order form. Should the Customer fail and/or neglect to be available at the collection address as provided, the Customer hereby indemnifies the Carrier and the Carrier shall not be held liable for all costs, expenses, claims, losses and/or damages which arises as a result of the non – collection of the goods to be delivered.
8. LOADING AND UNLOADING
- All loading and unloading shall be carried out by the Customer and its servants, and the Company shall be under no obligation to provide any plant, power or labour which may be required. Any assistance given by the Company in loading or unloading shall be at the sole risk of the Customer.
9. TRANSIT AND STORAGE
- In the absence of a written agreement to the contrary it shall at all times be at the sole discretion of the Carrier to decide at what time and in what manner to perform any or all of its obligations in terms of the Contract.
- The Carrier shall not be liable for any delay or detention of the Goods or for any loss, damage or deterioration therein, unless the date and time for delivery of the Goods is expressly stipulated as being of the essence of the Contract. In such event, the Carrier shall not be liable for any such loss, damage or deterioration unless such delay or deterioration is attributable to wilful default or gross negligence on the part of the Carrier or its employees during the scope and course of their employment.
- The Carrier does not accept any responsibility for demurrage charges howsoever incurred.
- Goods left upon the Carrier’s vehicle for any reason to suit the convenience of the Customer are held at the sole risk of the Customer as the case may be, pending forwarding and delivery and such Goods may be warehoused or otherwise held at any place or places at the sole discretion of the Carrier at the Customers risk and expense.
- Demurrage will be payable at a rate to be specified by the Carrier on all vehicles detained beyond a reasonable period from whatsoever cause.
- The Carrier reserves the right to dispose of unclaimed Goods as envisaged in this clause.
- Package receiving and storage fee will be free for the first 7 (Seven) days. Fees after the 7 days will be charged as follows:
Day 8 to 30: R50/day
Day 31 to 60: R100/pay
Day 61 to 90: R200/day
10. SECURITY POLICY & PROTECTION OF PERSONAL INFORMATION
- We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
- We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep any information contained therein confidential.
- After a transaction has been concluded, your private information (credit cards, financials, etc.) will be kept on file or stored on our database for a period not exceeding 3 (Three) years after it is last accessed or used by us.
- Data transmission over the internet can never be warranted to be entirely secure. Whilst we may take all reasonable steps and precautionary measures to safeguard your personal information, we may be unable to prevent unauthorised access to such information by third parties or inadvertent disclosure of such information during transit and we are not responsible for any actions taken by such third parties. You acknowledge and accept taking this risk when communicating with and transacting on our Website.