STANDARD CONDITIONS OF BROKERAGE OF CARRIAGE OF GOODS BY ROAD
In these Conditions of Carriage of Goods by Road the following words shall bear the meanings assigned to them below:
“the Agreement” – means the agreement of carriage between the parties and in respect of the collection and delivery points referred to in the invoice to which these conditions are attached and includes these terms and conditions and any annexures hereto.
“the Consignor” – means the person from whom or in the event that no name is given by the Customer, the address, from which the Goods are to be collected;
"the Consignee” – means the person to whom, or in the event that no such name being given by the Customer, the address to where, the Goods are to be delivered.
“Share Transport” – means Alphalegal Business Consulting (Pty) Ltd trading as Share Transport and includes its Employees, Agents and Contractors ;
“the Customer” – means the party instructing Share Transport to obtain a transporter to convey the Goods;
“the Goods” – means the goods as described in the invoice or Quotation intended for conveyance;
"the Quotation" – shall mean the Quotation(s), which was accepted by the Customer, in terms of which Share Transport is appointed by the Customer to obtain the services of a transporter to transport the Goods on behalf of the Customer to the agreed destinations, which quotation forms the basis of the agreement between Share Transport and the Customer, subject to these standard terms and conditions.
“the Transporter” means the transporter appointed by the Customer as set out in the Invoice.
1. CARRIAGE UNDERTAKEN SUBJECT TO CONDITIONS OF CARRIAGE
1.1 Share Transport in its capacity as a broker undertakes to obtain the services of a transporter to transport the Goods on behalf of the Customer for the duration of this Agreement and at the rates stipulated in the Quotation.
1.2 Share Transport is not a carrier of goods nor a public carrier or a common carrier to the carriage of the Goods, and the Goods to be carried are accepted subject to the terms and conditions of the transporter referred to in the invoice. No variation of these terms and conditions shall be of any force or effect unless reduced to writing and signed by all the parties to the Agreement.
2. LIMITATION OF LIABILITY
2.1 All transport work carried out in terms of the contract is done at the exclusive risk of the owner of such goods. Share Transport is not responsible for any loss and/or damages, including consequential damages, which the owner may suffer as a result of the performance of service by the Transporter in terms of his contract.
2.2 Under no circumstances will Share Transport be liable for any consequential, indirect, special, punitive or incidental damages, whether foreseeable or unforeseeable; even if the loss or damage arises out of negligence on the part of the Share Transport or the Transporter, its employees, agents or sub-contractors (which are in a vicarious relationship with such Party), regardless of form or cause of action; whether in contract or delict or for restitution; whether based on this Agreement, any commitment performed or undertaken under or in connection with this Agreement, or otherwise.
2.5 The Customer is required to obtain any additional insurance coverage for all damages, which it may suffer at its own cost.
2.6 The stipulations are made by the parties for the benefits of Share Transport and of any person for whose acts Share Transport are in law liable and any person who may perform any of the Share Transport’s obligations hereunder who shall be entitled, at any time before judgment may be given against them, to accept the benefit of the said stipulations.
3. TIME OF DELIVERY
Share Transport shall not be liable for any delay or detention of the Goods and/or for any loss, damage or deterioration therein.
4. LIMITATION OF LIABILITY RESULTING FROM INCORRECT ADDRESS OF CONSIGNEE OR FAILURE OF CONSIGNEE TO TAKE DELIVERY AND HANDLING OF GOODS.
4.1 The Customer shall properly and accurately furnish to Share Transport the name and addresses of the Consignor and the Consignee and all documents as such of necessity to accompany the Goods or such documents as the Share Transport may require and neither Share Transport nor the Transporter shall be responsible nor incur any liability for any loss or incorrect delivery of the Goods due to the name and address of the Consignor or the Consignee being improperly stated and in the absence of wilful default of the Transporter 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 the Goods.
4.2 In the event of the Consignee refusing to accept delivery of the Goods in whole or in part, or in the event of THE Transporter 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 Consignor, 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 any other basis whatsoever;
4.3 Or being compelled to dispose of such Goods by reason of their perishable nature or for whatsoever other reason, neither Share Transport nor the Transporter shall 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 Transporter for all costs incurred in connection with the disposal of such Goods.
5. GENERAL INDEMNITY
The Customer indemnifies Share Transport against all claims made by third parties against the Share Transport and against all liability incurred by Share Transport to any third party in respect of any loss or damage to the Goods from whatsoever cause, and includes without limiting the generality of the aforegoing, all direct, indirect and/or consequential damages suffered by such third parties.
6. CUSTOMER TO ESTABLISH QUANTITY AND CONDITION OF GOODS
6.1 The Customer acknowledge that there is no onus on Share Transport to establish the quantity or condition of the Goods at any time whatsoever and agree that the onus is on the Customer to ensure that the Consignor and Consignee establish the quantity and condition of the Goods at the time of loading and delivery of the Goods by the Transporter, unless otherwise agreed in writing.
6.2 The Transporter has the right to weigh the load after it has been loaded to ascertain the mass of the load. In the event of the mass be more than indicated by the Customer or Consignor, Share Transport and the Transporter will be entitled to increase the remuneration in respect of the said load to make provision for the mass so added.
7.1 The parties hereby acknowledge that the Agreement concluded between them constitutes the entire agreement between them and that no other conditions, stipulations, warranties nor representations whatsoever, have been made by any party or that party’s agent, other than as specifically included herein.
7.2 No latitude, extension of time or other indulgence which may be given or allowed by either party to the other in respect of any payment provided for in this Agreement or the performance of any other obligation shall under any circumstances be construed to be an implied consent by such party or operate as a wavier or a novation of or otherwise affect any of that party’s rights in terms of or arising from this Agreement, or prevent such party from importing, at any time and without notice, strict and punctual compliance with each and every provision or term hereof.
7.3 The parties agree that no variation of, addition to, consensual cancellation or novation of this Agreement in its entirety or of any term or condition thereof shall be of any force or effect, unless such amendment or cancellation is reduced to writing and signed by all the parties or their authorized representatives hereto.