POSTNET STANDARD CONDITIONS OF CARRIAGE
1. DEFINITIONS
1.1 In these terms and conditions of carriage, the following terms shall have the following meanings:
1.1.1 "the company" – means PostNet Southern Africa (Pty) Ltd, or the independent PostNet franchisee
issuing the waybill or providing the services tor the shipper;
1.1.2 "consignment" – means all goods transported under a single waybill;
1.1.3 "goods" – includes all goods, parcels or documents transported by the company for the shipper,
and includes the Packaging in which such goods or documents are contained;
1.1.4 "the shipper" – includes any person, natural or corporate, at whose request or instance, or on whose
behalf, or for whose account, the company transports the goods; and specifically includes the sender
of the goods;
1.1.5 "transport" – includes the handling, loading, unloading, storage and carriage of the goods, and
includes any services provided by the company in connection therewith and "transportation" shall
have a corresponding meaning;
1.1.6 "waybill" – includes any waybill pertaining to the goods.
2 APPLICATION OF TERMS AND CONDITIONS
These terms and conditions of carriage apply to all goods transported by the company.
3. SHIPPER'S WARRANTIES
3.1 The Shipper warrants that:
3.1.1 It is the owner of the goods or is authorized by the owner to deal with the goods;
3.1.2 All information, instructions and documents supplied by it to the company shall be true and correct in every respect;
3.1.3 All descriptions, values and other particulars furnished by it to the company, including those
reflected on the waybill, shall be true and correct in every respect;
3.1.4 All goods will be properly and appropriately packed, marked, labeled and addressed so as to ensure safe transportation;
3.1.5 All goods will have been prepared for packing in a secure, controlled environment and will have
been protected against unauthorized interference prior to delivery to the company;
3.1.6 The goods, or any part thereof, do not constitute illegal articles, or hazardous articles, or articles
prohibited or restricted for transportation, or articles prohibited or restricted for distribution, in terms of any national or international law or regulation or the dictates or requirements of any airline or airport or applicable authority, including those of The International Air Transport Association;
3.1.7 The goods will themselves comply with, and will be packed, marked and labeled in such a
manner as to comply with, all applicable national and international laws or regulations, or the
dictates or requirements of any airline or airport or applicable authority, including those of The
International Air Transport Association;
3.1.8 The goods will have been properly entered and cleared for import or export and will comply with all laws regulating import or export;
3.1.9 The goods will be supplied with, and accompanied by, all documents required for their import or
export;
3.1.10 It is registered with customs and exercise as an exporter, or importer, as the case may be, if
applicable
4. RIGHT OF INSPECTION
The company is entitled (but not obligated) to open, and to inspect, the goods, at any time.
5 PROHIBITED GOODS
5.1 The shipper shall not deliver the following goods into the possession of the company:
5.1.1 bullion, currency, precious stones or metals, jewelry, antiques, art works or other valuables;
5.1.2 human remains, live animals/reptiles/insects/larvae, animal or plant matter; including but not limited to fresh food – such as baked/processed goods.
5.1.3 glass, glassware, pottery, crockery, porcelain, china or other fragile goods
5.1.4 arms & ammunition, including but not limited to oriental swords/spears, archery, airsoft, pellet guns, etc.
5.1.5 any goods which may be, or become, a contaminator, dangerous, inflammable, noxious, toxic, or in any other way harmful or injurious to person or property.
5.2 Should the shipper deliver such goods into the possession of the company in breach of the provisions of
5.1 and/or should the company never the less transport such goods, the company shall incur no liability in respect of such goods, and the shipper shall be deemed to have indemnified the company against all
loss, liability or damage caused to the company as a result of the tender of the goods to the company
and/or the transportation of the goods by the company.
6. TRANSIT TIME, ROUTING AND DELIVERY
6.1 The company will use its best efforts to transport and to deliver the goods in accordance with its
advertised services and schedules and/or with the service selected on the waybill but does not guarantee same or the availability of same, shall be entitled to depart from same, and is also not responsible for delays occasioned by events beyond its control.
6.2 The company shall have an absolute discretion as to the means, routes and procedures to be followed in
the transportation of the goods.
6.3 The company will use its best efforts to deliver the goods to the address as reflected on the waybill,
although not necessarily to the consignee in person. Should the consignee refuse delivery, or should the
company be unable to locate the consignee, or should the company be unable to deliver the goods for
any other reason whatsoever, the company will use its best efforts to return the goods to the shipper, if so instructed, at the shipper's expense, failing which the company shall be entitled, at its discretion, to
detain, store, sell, abandon or destroy the goods, or any part thereof, at the risk and expense of the shipper.
6.4 In addition thereto, should the consignee fail to take delivery of or collect the goods for any reason
whatsoever, within 90 days of being called upon to do so, the owner of the goods shall be deemed to have irrevocably abandoned and relinquished its ownership of and in the goods.
7 INSURANCE
7.1 The company will endeavour to obtain for the shipper such insurance as the shipper timeously and in
writing instructs it to effect, subject to payment by the shipper of the applicable premium.
7.2 Such insurance will be subject to such exceptions, exclusions, limitations, maximums and conditions as
may be imposed by the insurer taking the risk.
7.3 The company shall be under no obligation to insure consignments separately but may insure
consignments under any open or general policy held by it from time to time;
7.4 It is the responsibility of the shipper to acquaint itself with the exceptions, exclusions, limitations,
maximums and conditions applicable to any open or general policy held by the company from time to
time, and the company does not guarantee that all goods will be capable of being insured, or that all risks will be capable of being insured against, or that insurance will be obtained for the amount requested by the shipper.
7.5 To the extent that the company agrees to arrange insurance for the shipper, it does so as agent, for and on behalf of the shipper, notwithstanding that the premium may be paid by the company.
7.6 Save to the extent set out in these terms and conditions, the transportation of the goods are entirely at the owner's risk.
8 CHARGES AND PAYMENTS
8.1 Charges are calculated according to the higher of actual or volumetric weight. The company shall have
the right to re-weigh and to re-measure any goods delivered to it for transportation and to correct any
under-declaration of weight.
8.2 The shipper shall be liable for any duties, taxes, imposts, levies, surcharges, fines, penalties, deposits or
outlays levied by, or payable to, authorities, intermediaries or other third parties in connection with the
goods, or the transportation thereof, and for any disbursements made by the company on its behalf in this regard.
8.3 Where the company agrees to bill its charges and disbursements, or any portion thereof, to the consignee or any other person, the shipper will never the less remain responsible for the payment thereof if they are not paid in full by such consignee or other person, immediately when due.
8.4 Unless otherwise agreed to in writing, all amounts due to the company are payable in cash upon
presentation of account, without deduction or set off.
8.5 The shipper shall not be entitled to withhold or to defer payment because of any claim or reason that it might allege.
8.6 The company shall be entitled to revise its rates from time to time, without prior notice to the shipper.
9. LIMITATION OF LIABILITY
9.1 Where the transportation of the goods is governed by the Montreal Convention, the company's liability for delay, loss or damage to the goods shall be limited in accordance with the provisions thereof;
9.2 Where the transportation of the goods is not governed by the Montreal Convention, the company's
liability for delay, loss or damage to the goods shall, without prejudice to its right to rely on any other
ground of limitation or exception contained herein, be limited in any event to the lesser of:
9.2.1 R1 000.00 per consignment; or
9.2.2 The value declared on the waybill (if any); or
9.2.3 The actual replacement value of the goods.
9.3 The company shall not be liable for any indirect or consequential damages or loss, howsoever arising,
including loss of profits, income, business or goodwill, or contractual penalties.
10. EXCLUSIONS
The company shall not be liable for any delay, loss or damage caused by, or attributable to:
10.1 An act of God, casus fortuitus, vis major or any circumstance beyond the company's control;
10.2 An act or omission on the part of the shipper, the consignee or any other third party;
10.3 Any latent defect, or inherent vice or weakness, in the goods;
10.4 Any reason other than a grossly negligent act or omission on the part of the company.
11. CLAIMS
11.1 Any claim against the company must be notified to the company in writing accompanied by copies of all
relevant documentation, within 14 days of the date of delivery of the goods by the company or, in
circumstances of non-delivery, within 14 days of the scheduled delivery date of the goods, failing which it
shall be deemed to have been extinguished for all purposes;
11.2 Subject to compliance with 11.1, any claim against the company shall be extinguished for all purposes
365 days after the date of delivery of the goods by the company or, in circumstances of non-delivery, after the scheduled delivery date of the goods, unless prior to the expiry of the period a summons or other process instituting legal action has been served on the company.
11.3 The signature of the consignee on the waybill, in acknowledgment of having received the goods referred to therein in good order and condition, shall be prima facie proof of the goods referred to therein having been properly delivered by the company, in good order and condition.
11.4 Any claim against the company for loss or damage to the goods shall, in addition to 11.1 and 11.2, be
extinguished for all purposes unless the consignee notes the nature of such loss or damage on the waybill at the time of taking delivery;
11.5 The provision of 11.4 shall apply even though the consignee may have endorsed the waybill with the words: "not checked" or some similar such words.
12 LIEN
12.1 The goods, and all documents relating thereto, as well as any refunds, repayments, claims and other recoveries processed by the company on the shipper's behalf, shall be subject to a special and
general lien and pledge, in favour of the company, either for monies due in respect of such goods or
for other monies due to the company by the shipper.
12.2 If any monies due to the company are not paid in full within 14 days after written notice has been
given to the shipper demanding payment and noting that such goods or items have been detained
the goods or other items may be sold by auction, or otherwise disposed of, at the company's
discretion and at the shipper's expense, and the net proceeds, after expenses, applied in our towards satisfaction of such indebtedness.
13 INDEMNITY
The shipper indemnifies the company against all liabilities, damages, claims, costs and expenses incurred
or suffered by the company arising directly or indirectly from, or in connection with, the shipper's instructions
or their implementation by, or on behalf of, or at the instance of the company, in relation to the transportation of the goods (even where the company has consented to the transport of the goods); or any breach of the
warranties given to the company by the shipper.
14. PACKING
It is the shipper's sole responsibility to ensure that all goods are properly and appropriately packed, marked,
labeled and addressed, and the company shall have no obligation whatsoever in this regard.
15 GENERAL
15.1 These terms and conditions constitute the whole agreement between the company and the shipper as to the subject matter hereof and no agreements, representations or warranties between the company and the shipper, other than those set out in these terms and conditions are binding on the parties.
15.2 No amendment to, or alteration of, or variation of, or deletion of, or addition to, or cancellation of, these terms and conditions, whether consensual or unilateral or bilateral, shall be of any force and effect unless reduced to writing and signed by the company and the shipper. No agreement, whether consensual or unilateral or bilateral, purporting to obligate any party to sign a written agreement to amend, alter, vary, delete, add to or cancel these terms and conditions, shall be of any force and effect unless reduced to writing and signed by the company and the shipper.
15.3 No latitude, indulgence or extension of time granted by the company to the shipper shall in any way prejudice the rights of the shipper, nor shall it be construed as a waiver.
15.4 Each of the provisions of these terms and conditions shall be considered as separate terms and conditions and in the event that these terms and conditions are affected by any legislation or any amendment thereto, or if the provisions herein contained are by virtue of that legislation or otherwise, held to be illegal, invalid, prohibited or unenforceable, then any such provisions shall be ineffective only to the extent of the illegality, invalidity, prohibition or unenforceability and each of the remaining provisions hereof shall remain in full force and effect as if the illegal, invalid, prohibited or unenforceable provision was not a part hereof.
15.5 The validity and interpretation of these terms and conditions will be governed by, and construed in accordance with, the laws of the Republic of South Africa.
15.6 A certificate signed by a manager of the company certifying the amount due to it by the shipper, or certifying any other fact, matter or thing in relation to the transportation of the goods, shall be prima facie proof thereof.
15.7 The shipper authorises the company to perform any of the following activities on its behalf in order to facilitate the transportation of the goods: the completion of any document; the making or amendment of any declaration; the entry or clearance of the goods for import or export at the expense of the shipper; the disbursement of any amount in connection with the goods; the performance of any other activity reasonably required by, or reasonably incidental to, the transportation of the goods. The shipper shall ratify, allow and confirm anything so done by the company on it behalf in good faith and shall reimburse the company for any amount so disbursed by it.
15.8 The company may subcontract all or part of the transportation to any third party, on such conditions as may be stipulated by such third party. Should it do so, the third party shall have no liability whatsoever to the shipper and, in addition thereto, any limitation of liability, immunity, exemption or defence available to the company shall be extended to the third party who shall be entitled to assert and to enforce same against the shipper in its own right.
15.9 The shipper irrevocably waives any right to claim against any officer or employee of the company for any act or omission committed by such officer or employee in connection with, or arising out of, the transportation of the goods.
15.10 The company is neither a common carrier nor a public carrier and may decline to transport any goods
delivered into its possession.