Shipping policy
Conditions of Carriage
1 Interpretation:
In These Conditions:
1.1 "Conditions" means the Conditions of Carriage of Fastway Couriers from time to time as
set out in this document as at the date of publication hereof but which shall be read in
conjunction with the Conditions of Carriage published on www.fastway.co.za which
Conditions of Carriage shall prevail over those set out herein;
1.2 "Consignee" means the person to whom the Goods are to be delivered under these
Conditions;
1.3 "Consignor" means the person for whom the carriage of the Goods is performed by the
Courier under these Conditions;
1.4 "Courier" means the person and/or corporate entity specified on the face of the invoice;
1.5 "Goods" means the items accepted by the Courier for carriage on behalf of the
Consignor under these Conditions;
1.6 "Owner's Risk" means the Courier shall not be liable for any loss of or damage to any
Goods, howsoever arising, except i f the loss or damage is caused by the Courier
intentionally;
1.7 "Services" means all of the operations and services provided or to be provided by the
Courier in connection with the carriage of the Goods including without limitation, the
carriage, transport and/or storage of the Goods or any operation/s or service/s incidental to
any of them;
1.8 "Sub-Contractor" includes any person who under a contract or arrangement with any
other person (whether the Courier or not) performs or agrees to perform the Services or
any part of the services;
1.9 Words denoting
1.9.1 the singular include the plural and vice versa;
1.9.2 any gender include the other genders, and
1.9.3 persons include corporations and bodies politic and include their legal personal
representatives and assigns.
2 Application of Conditions
2.1 The Courier performs the Services in terms of these Conditions only, which Conditions
constitute the entire agreement between the Consignor and the Courier in relation to the
provision of the Services.
2.2 For any amendment, waiver and/or variation of these Conditions by the Consignor to be
valid, such amendment, waiver and/or variation shall be in writing and signed by the
Courier and/or a duly authorized representative of the Courier.
2.3 The terms of the Consignor's documentation shall not diminish, negate, amend, waive
and/or vary these Conditions and/or the application of these Conditions to the
provision of the Services.
3 Courier's Discretion
The Courier may, in its absolute and sole, unfettered discretion:
3.1 Refuse Carriage of any Good/s, in particular, but without limiting the generality of the
aforegoing, if the security of the Courier could be compromised and/or the Courier
suspects there to be dangerous goods contained in a parcel/s;
3.2 Refuse and/or cease to provide any of the Services to the Consignor whether before or after
the carriage of Goods has commenced;
3.3 Open any satchel, parcel, document, envelope, package or other container in which the
Goods are placed to inspect the Goods to determine the nature or condition of the Goods
or, where any identifying document or mark is lost, damaged or destroyed, to ascertain the
ownership or destination of the Goods.
4 Warranties
4.1 If a person, who is not the Consignor, tenders any Good/s to the Courier for carriage, the
Courier is entitled to assume, without the need for enquiry, that such person has authority
to tender the Good/s to the Courier on behalf of the Consignor.
4.2 Where the Consignor is not the owner of the Goods it warrants its authority to act as
agent of the owner of the Goods and/or any other person having an interest therein for
all purposes in connection with the carriage of the Goods by the Courier under these
Conditions. The Consignor hereby indemnifies, and shall keep indemnified the Courier in
respect of all liability of any nature whatsoever and/or howsoever arising (including
without limitation from negligence or without act or default of the Courier or others) in
connection with the Goods and the provision of the Services.
4.3 The Consignor warrants:
4.3.1 That it has complied with all laws and regulations relating to the nature, packaging,
labelling and carriage of the Goods, and that the Goods are packed in a
manner adequate to withstand the ordinary risks associated with the carriage of
those Goods having regard to the nature of the Goods and the Services to be
provided; and
4.3.2 The accuracy of all markings and brandings of the Goods, descriptions, value
and other particulars furnished to the Courier.
5 Liability and Insurance
5.1 Subject to clauses 5.2 - 5.5 (inclusive), 11 and 16, the Services provided by the Courier in
terms of these Conditions are provided entirely at the risk of the Consignor and the
Courier shall not be liable for injury or damage to or destruction or loss of the Goods or
any other property arising out of or incidental to or in connection with or
occurring during the provision of the Services and/or for the mis-delivery and/or
non-delivery and/or late delivery of the Goods and whether or not caused or contributed to
or by the default (including negligence) of the Courier or any agent, servant or officer
of the Courier or any other person entitled to the benefit of these Conditions.
5.2 The Courier shall be liable to the Consignor only in respect of damage to, destruction or
loss of the Goods up to a total maximum of R1,000 (one thousand rands) per parcel,
i.e. per bar-coded label.
5.3 Any claim for injury or damage to or destruction or loss of the Goods under clause 5.2 shall
be made in writing to the Courier and must strictly comply with the further provisions
hereof. In the event of:
5.3.1 Damage to the Goods - a written endorsement must be made by the receiver of
the goods on the delivery Courier's Run Sheet at the time of receiving the Goods.
A formal claim must be received by the Courier in writing within 7 (seven) days
of the receiver receiving delivery of the Goods.
5.3.2 Non-delivery of the Goods - a written claim must be made within 30 days
from the date the Courier receives the Goods from the Consignor. Any claim
not made in writing and within the period stipulated shall be deemed to have
been waived and shall lapse.
5.4 The Goods and parcels are accepted by the Courier on the condition that the Courier has
no responsibility for the collection of cash or any other payment on delivery of the
Goods.
5.5 As the liability of the Courier is limited as provided in these Conditions the
Consignor is advised to seek its own additional insurance cover generally. No
insurance will be effected by the Courier for the benefit of the Consignor other than that
stated in Clause 5.2.
6 Sub Contractors
6.1 The Courier may subcontract to any Sub-Contractor, on any terms, the whole or any part
of the Services.
6.2 Every exemption, limitation, or condition contained in these Conditions and every
right power, authority, exemption from liability, defence and immunity applicable to the
Courier or to which the Courier is entitled, shall be available and extend to protect
all:
6.2.1 Sub-Contractors;
6.2.2 Every agent, servant or officer of the Courier and every Sub- Contractor;
6.2.3 Every other person (except the Courier) by whom any part of the Service is
performed.
6.3 The Consignor :
6.3.1 Warrants and undertakes that no claim inconsistent with Clause 6.2 shall be made
by the Consignor or any other person with an interest in the Goods; and
6.3.2 Indemnifies and shall keep indemnified the Courier and each Sub-Contractor
against all such claims including legal costs incurred by the Courier and each Sub-
Contractor in relation to any such claim on a full indemnity basis.
7 Performance of Services
7.1 The Services shall be performed at the sole discretion of the Courier. The Consignor
hereby authorises the Courier to adopt such manner of providing the Services as the
Courier deems fit.
7.2 The Consignor authorises any deliveries from the usual route of carriage or place of
storage (if any) as the Courier may in its absolute discretion deem desirable or necessary.
8 Delivery
8.1 The Courier:
8.1.1 is hereby authorised to deliver the Goods to the Consignee at the address
nominated by the Consignor or Consignee;
8.1.2 shall be deemed to have delivered the Goods in accordance with these
Conditions if the Courier obtains a signed delivery run sheet or the electronic
equivalent from any person at a nominated address.
8.2 If the nominated place of delivery is unattended at the time delivery is attempted or if
delivery cannot otherwise be effected for any reason whatsoever, the delivering
courier may, without being obliged to do so, leave a calling card requesting the Consignee
to contact the delivering courier.
8.3 The Goods will be stored for a maximum of seven days.
8.4 Where the Goods are collected or consigned for collection, the Courier may release the
Goods to any person who presents himself to the Courier as the Consignee or its agent,
servant or officer and, in so doing, the Courier shall have delivered the Goods in
accordance with these Conditions provided the Courier obtains from that person a receipt
or signed delivery run sheet or the electronic equivalent thereof for the Goods.
9 Responsibility for Charges
9.1 The Consignor shall be liable to the Courier for all proper charges incurred for any
reason in the provision of the Services.
9.2 The Courier's charges shall be deemed fully earned and payable on presentation of the
invoice for prepaid products, non discountable and non-refundable.
9.3 The Consignor shall not withhold any payment or deduct any amount from the invoice of
the Courier by reason of any claim the Consignor alleges against the Courier.
10 Lien
The Courier shall have a lien on the Goods (and any document relating to the Goods) and any
other items (and any documents relating thereto) of the Consignor in the custody or control of
the Courier for any moneys owing to the Courier by the Consignor whether in connection
with the provision of the Services or otherwise and the Courier may sell the Goods or any of
those items by public auction or private treaty without further notice to the Consignor or any
other person having an interest in them to satisfy that obligation and all costs incurred by the
Courier for storage or in relation to the sale, including legal costs on a full indemnity basis.
11 Nature of Goods
11.1 The Consignor shall not tender for carriage any volatile spirits, explosives or anything
which are/is or may become dangerous, flammable or offensive (including
radioactive materials) or which may become liable to damage any property or person
whatsoever.
11.2 If, in the opinion of the Courier, the Goods are or are liable to become dangerous,
flammable, explosive, volatile, offensive and/or damaging, the Goods may at any time
be destroyed, disposed of, abandoned or rendered harmless by the Courier without
compensation to, but at the cost in all aspects, of the Consignor and without
prejudice to the Courier's right to its charges under these Conditions.
11.3 The Courier does not accept for carriage: Perishables; Works of Art; Jewellery; Watches;
Precious Metals; Precious Stones; Precious Metals; Semi-Precious Stones; Furs; Bank
and/or Treasury Notes; Bullion; Money; Securities; Stamps; Patterns; Manuscripts; Plans;
Designs; Bulk Cargo; Live organisms; Explosives; Firearms; Ammunition;
Telecommunications Equipment, Multimedia electronic communication devices, Cellphones,
Laptops, Computers, Tablets (and their respective accessories, components and the like);
Second-hand Goods; Reconditioned Goods; Plant; Machinery; Vehicle Parts; Vehicle
Accessories; Volatile Spirits or anything which might become dangerous, flammable or
offensive (including Radioactive Material).
If any of the items detailed above are consigned for carriage they shall be conveyed at
the Owner’s Risk.
11.4 Any Goods tendered for carriage by the Consignor that are insufficiently and/or
inadequately packaged shall be conveyed solely at the Owner's Risk.
12 Consignee's Requirements
The Consignor shall be solely responsible for the conformity of any containers, packaging or
pallets with any requirements of the Consignee and for any expense incurred by the Courier
arising from any failure to so conform.
13 Brokerage and Commission
The Consignor agrees that the Courier may retain any allowances, brokerages and commissions
paid by shipping and forwarding agents, insurance brokers, airlines and any other person in
relation to the provision of the Services.
14 Enforceability
All rights, powers, authorities, immunities and limitations of liability in these Conditions
shall continue to have their full force and effect in all circumstances and notwithstanding any
breach of these conditions or negligence by the Courier or any person entitled to the benefit
of these Conditions or any of their respective agents, servants or officers.
15 Indemnity
The Consignor indemnifies and shall keep indemnified the Courier, its agents, servants and
officers in respect of any and all liabilities arising from any breach of these Conditions by
the Consignor except for limited liability expressly assumed by the Courier under these
Conditions.
16 Applicable Law
These Conditions shall be governed and construed in accordance with the laws of the
Republic of South Africa.
17 Severance
If part of these Conditions is or becomes unenforceable whether in whole or in part that
unenforceability will not affect the enforceability of the remainder of these Conditions.
18 Ownership
The Consignor acknowledges that the business of the Courier is independently owned from
that of other couriers and operators in the Fastway network.
19 Priority
These Conditions hereby incorporate by reference the Conditions of Carriage published at
www.fastway.co.za from time to time. If, AT ANY POINT IN TIME, there is a difference
between these Conditions and those published at www.fastway.co.za those published at
www.fastway.co.za shall take precedence. It is the Consignor’s responsibility to apprise itself of
the current Conditions as published at www.fastway.co.za.