1. Definitions

Conditions of Carriage

In agreement, the following words shall bear the meanings assigned to them below:

1.1 “8 Eights Couriers” means 8 Eights Couriers and includes its servants and agents and any person or persons carrying any goods forming the subject matter of this contract under and in terms of a subcontract with 8 Eights Couriers;

1.2 “the Client” means the party reflected on the credit application form as the sender of the goods, whether acting on his own behalf or in his capacity as agent or in any other capacity for a third party;

1.3 “the Goods” means the goods forming the subject matter of this agreement, whether contained in one or more parcels or packages and whether consigned singly or in parcels or in bulk;

1.4 “Dangerous goods” means any goods which by their nature are or can become liable to cause injury, harm, or damages to any person, goods or property. These goods include, but is not limited to, good that are flammable, toxic, radioactive and chemically unstable WILL NOT BE CARRIED by 8 Eights Couriers.

1.5 “the handling of the goods” includes the goods being handled, warehoused, held, controlled, loaded or unloaded, carried or otherwise possessed (handled) by 8 Eights Couriers for any purpose whatsoever.

2. No variation of conditions

2.1 The handling of the goods is subject to the conditions stated herein unless specifically varied by 8 Eights Couriers in writing, and these conditions shall take precedence over any terms, conditions or stipulations contained in any of the Client’s documentation.

2.2 Should the Client in any way purport to attach any conditions which vary, amend or are in conflict with the conditions stated herein, then the conditions set forth herein shall prevail and be of full force and effect unless specifically varied in writing with specific reference to the Client’s contrary documentation.

3. Remuneration

3.1 In the absence of any written agreement to the contrary, the remuneration payable to 8 Eights Couriers by the Client will be in accordance with the standard tariffs of 8 Eights Couriers.

3.2 Relyant Express Service’s standard tariffs are subject to review by 8 Eights Couriers without prior notice to the Client.

3.3 The Client is liable for any duty, tax, impost, fine or outlay of whatsoever nature levied by the authorities at any port or place in connection with the goods and shall reimburse 8 Eights Couriers for any amount disbursed or losses sustained by 8 Eights Couriers in connection therewith.

3.4 In the event of 8 Eights Couriers being obliged to take out or obtain any licences or permits, or to comply with the requirements of any lawful authority, 8 Eights Couriers shall be entitled to make an additional charge to cover any ensuing expenses not already included in Relyant Express Service’s standard tariffs.  

3.5 In the event of 8 Eights Couriers being obliged to deviate from the route selected by it, or to carry the goods over another route, for any reason whatsoever, including but not limited to adverse weather conditions, impassable or dangerous roads, bridges, pontoons and ferries, or the instructions of any competent authority 8 Eights Couriers shall be entitled to charge an additional remuneration in proportion to the resulting extra distance travelled.

4. Payment of Remuneration

4.1 In the absence of any special provisions to the contrary, payment shall be affected by the Client either in cash or by Electronic Funds Transfer to a bank account nominated by 8 Eights Couriers from time to time, in accordance with the credit facility provided by 8 Eights Couriers to the Client, as set out in Part B of this agreement.

4.2 8 Eights Couriers shall in its absolute discretion be entitled to appropriate all payments made by the Client towards the payment of any debt or obligation of whatsoever nature owing by the Client to 8 Eights Couriers, irrespective of when such debt or obligation arose.

4.3 All overdue sums/amounts shall bear interest at the maximum permissible rate of interest as determined by the National Credit Act 2005 (Act No. 34 of 2005), as amended, or any other applicable legislation from time to time, such interest to be reckoned monthly in advance from due date to date of payment.

4.4 The Client may not raise any claim, dispute or counter-claim as a reason for deferring payment and the Client may not withhold any payment or set off any claim or counter-claim which it may wish to raise against the amount invoiced by 8 Eights Couriers.

5. Carrier’s lien

5.1 As security for all moneys (whether past or present) owing, whether forming the subject matter of this agreement or otherwise, 8 Eights Couriers shall have a lien over all goods, documents, bills of lading, import permits as well as all repayments, refunds, claims or recoveries in its possession or under its control.

5.2 In addition, 8 Eights Couriers shall be entitled to hold all goods as security for any other moneys which may be owing to it by the Client from any cause whatsoever.

5.3 Even though credit may have originally been granted by 8 Eights Couriers to the Client, 8 Eights Couriers may at any time in its sole discretion retain possession of any goods pending the discharge of all the Client’s indebtedness towards 8 Eights Couriers, whether such indebtedness is related to the handling of the goods in question.

5.4 In the event of 8 Eights Couriers retaining possession of the goods in terms of 5.1 and/or 5.2 and/or 5.3, 8 Eights Couriers shall be entitled to store or warehouse the goods at such place as it deems fit, at the Client’s expense.

5.5 If any moneys owing to 8 Eights Couriers are not paid by the Client within thirty (30) days after they have become due, 8 Eights Couriers shall be entitled without further notice:

5.5.1 to open and examine the goods;
5.5.2 to sell the whole or any part of the goods in such a manner and on such terms and conditions as it deems fit.  

5.5.3 to apply the proceeds of any sale after deducting all expenses, in payment or reduction of any amount due by the Client to 8 Eights Couriers (including the storage charges envisaged in 5.4), provided that any surplus shall be paid over to the Client without interest immediately after the sale, if the Client’s address is known, and if not, upon demand made by the Client within 90 days of the sale.

5.6 8 Eights Couriers is not liable for any loss, damage or deterioration of such goods attributable to the implementation of this clause.

5.7 8 Eights Couriers rights under this clause are not exhaustive and are in addition to any other rights which it may have against the Client.

6. Client’s warranties

The Client is bound by and warrants in favour of 8 Eights Couriers:

6.1 The accuracy of all descriptions, values and other particulars furnished to 8 Eights Couriers for customs, railage and other purposes. The Client indemnifies 8 Eights Couriers 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 occurs without negligence);

6.2 that the carriage of the goods will not violate or infringe any Act, regulation or law and the Client hereby indemnifies and holds 8 Eights Couriers harmless against any claims and/or damages which 8 Eights Couriers may suffer by virtue of the Client’s breach of this warranty;

6.3 that the goods are the Client’s sole property, alternatively, the Client is authorised by the person owning the goods to enter this contract subject to these terms and conditions, and the Client indemnifies 8 Eights Couriers against any claim of any nature made by the owner.

7. Condition of goods

The onus of proving the quantity, type, physical properties and composition and the condition of the goods and/or the condition of any container at the time of receipt thereof by 8 Eights Couriers shall at all times remain with the Client, and no delivery note, receipt or other document furnished or signed at such time by or on behalf of 8 Eights Couriers shall constitute conclusive proof thereof.

8. Dangerous goods

8.1 Unless otherwise agreed in writing, the Client warrants that all goods handled are fit to be so handled in the ordinary way and are not dangerous.

8.2 Unless otherwise agreed in writing, 8 Eights Couriers will not handle any dangerous, corrosive, noxious, hazardous, inflammable or explosive goods or any goods which in its opinion are likely to cause harm or damage.

8.3 The Client is liable for any and all losses or damage caused to 8 Eights Couriers and/or any third parties as a result of the goods of the Client causing harm or damage to any person, entity and/or third party and indemnifies 8 Eights Couriers against any ensuing claims.  

8.4 Should 8 Eights Couriers agree to handle any dangerous goods for any purpose:

8.4.1 the Client must furnish with the goods a written declaration detailing the trade name, chemical composition and characteristics of the goods; and

8.4.2 the declaration must define the precise respects or circumstances in which the goods are dangerous; and

8.4.3 the Client must ensure that the goods bear the warning labels and declarations required in terms of the laws and regulations applicable to the transportation of dangerous goods.

8.5 If, in the opinion of 8 Eights Couriers any goods (whether they have been declared as dangerous or not) become a danger to any person or property, 8 Eights Couriers shall be entitled immediately and without notice to the Client to dispose of the goods in question or take such other steps as it in its sole discretion deems prudent to avert danger. In such event 8 Eights Couriers shall:

8.5.1 not be liable under any circumstances for the value of the goods or for any other loss or damage whether direct or consequential sustained by the Client or owner as a result of such disposal or other steps; and

8.5.2 still be entitled to recover from the Client its remuneration for the handling of the goods together with any costs incurred by it in disposing of them or taking other steps.

8.6 Unless written instructions are given to 8 Eights Couriers, it shall be under no obligation to make any declaration or to seek any special protection or cover from any third party (such as Spoornet) in respect of any goods falling within the definition by that body:

8.6.1 of dangerous or hazardous goods; or 8.6.2 of goods liable to be stored in the open 9. Perishable goods

Perishable goods which are not taken up immediately upon arrival at their destination or which are not sufficiently marked or otherwise identifiable may be disposed of without notice to the Client, and the payment or tender to the Client of the net proceeds of any disposition (after deduction of all charges incurred by 8 Eights Couriers) shall be equivalent to delivery.

10. Loading and off-loading

10.1 The Client must ensure that:
10.1.1 the goods shall be ready for loading on the date specified;

10.1.2 all documentation necessary in connection with the goods and the transportation thereof shall be fully and correctly prepared, except if otherwise agreed.  

10.1.3 at all places where 8 Eights Couriers is to collect and off-load the goods there will be safe, suitable and adequate access and loading and off-loading facilities, and that it is possible for 8 Eights Couriers to do so by means of ordinary staircases and/or doorways, without need for any special or additional tackle, plant, power, labour or equipment;

10.1.4 the goods will be sufficiently packed and prepared for carriage;
10.1.5 the Client shall sign such certificates and receipts on loading and off-loading as 8 Eights Couriers may require.

10.2 8 Eights Couriers shall not be under any obligation to provide any plant, power, or labour which in addition to its vehicle’s crew is required for the loading or unloading of any goods. Any assistance given by 8 Eights Couriers in such loading or unloading shall be at the sole risk of the Client and may incur extra costs.

10.3 Any Client (or owner) conducting any packing or other operation or activity in any area or premises provided by 8 Eights Couriers shall do so at its own risk, and the Client indemnifies 8 Eights Couriers against all claims or losses arising out of the presence of the Client in such area or premises.

11. Route

When carrying goods, 8 Eights Couriers shall in its sole discretion decide what route to follow.

12. Carrier’s liability for damage or loss
    12.1 The goods shall be carried at the sole risk of the Client (or owner).

12.2. The Client hereby exempts 8 Eights Couriers from and indemnifies 8 Eights Couriers against all liability of whatsoever nature, arising directly or indirectly from the handling of the goods. This exemption and indemnity includes, but is not restricted to, any liability for direct and/or consequential loss or damages arising from loss of the goods, damage to the goods, the failure to collect or deliver the goods timeously, adequately or at all, or from or to the correct address, or from any other cause arising, whether any such liability, loss or damage is caused by or arises from breach of contract, negligence or gross negligence, on the part of 8 Eights Couriers , its servants, agents or employees, or otherwise.

12.3. 8 Eights Couriers accepts no responsibility for damaged goods that are insufficiently packaged and given to us for delivery. 12.4. Claims must be submitted on date of delivery in writing before the close of business.

12.5. If insurance is requested, it is noted that we do not cover glass products, perishable goods, dent marks, scratch marks, or water damage.

12.6. 8 Eights Couriers accepts no responsibility for the quantities inside the parcels, but only for the physical number of pieces received or delivered.

13. Demurrage

13.1 The carrier shall not be liable for demurrage or storage charges of any nature whatsoever and howsoever arising.

13.2 Where any such demurrage and/or storage charges are paid by 8 Eights Couriers, such charges shall be refunded to 8 Eights Couriers by the Client on demand.

13.3 The Client hereby appoints 8 Eights Couriers irrevocably and in rem suam as its agent and in its name, place and stead, to contract for the storage of the goods upon such terms and conditions as 8 Eights Couriers may, in its sole discretion elect, and without any liability whatsoever attaching to 8 Eights Couriers to attend to such storage.  

14. Subcontracting

14.1 The carrier reserves the right to employ sub-contractors or agents to act for it.

14.2 Where 8 Eights Couriers employs independent third parties to perform all or any of the functions required of 8 Eights Couriers, 8 Eights Couriers shall have no responsibility or liability to the Client for any acts or omissions of such third parties, even although 8 Eights Couriers may be responsible for the payment of their charges.

14.3 However, if 8 Eights Couriers is suitably indemnified against all costs (including attorney and own client costs) 8 Eights Couriers shall take such action against the third party concerned on the Client’s behalf as the Client may direct

15. Insurance

15.1 The carrier shall, only if requested to do so in writing by the Client, effect insurance on any goods being handled by it.

15.2 Any insurances effected by 8 Eights Couriers shall be subject to the usual exceptions and conditions of the policies of the insurer or underwriter taking the risk as well as excesses applied by the insurance provider.

15.3 8 Eights Couriers shall not be under any obligation to affect a separate insurance on each consignment but may declare it on any open or general policy.

15.4 Should the insurer dispute liability for any reason, the insured shall have recourse against the insurer only and 8 Eights Couriers shall not be under any liability in relation thereto.

15.5 Furthermore 8 Eights Couriers shall not be liable for any excess due to any incidents beyond our control or any insurance carried by yourselves. Any insurance not in place prior to the 1st shipment being sent will carry a maximum liability of R50 per consignment unless other wised arranged and stated in writing.

15.6 Any transporting and or warehousing undertaken by RES, in terms of this agreement is subject to our standard terms and conditions of trade which form part of our credit application. In a nutshell ensure all goods are adequately insured on hand over to 8 Eights Couriers.

16. Permits and consent

16.1 If any permit, consent or approval to handle goods is required under any law, by-law or regulation, none of Relyant Express Service’s obligations or duties shall take effect unless and until it obtains the relevant permit, consent or approval.

16.2 The Client shall provide all assistance and information required by 8 Eights Couriers for the purpose of applying for or obtaining any such permit, consent, or approval.

17. Delay – Police instruction

The carrier shall not be liable for any delay occasioned by compliance with any instructions issued by the Police or any other competent authority. Any extra costs incurred by 8 Eights Couriers as a result of compliance with any such instructions shall be added to its charges.

18. General

18.1 This agreement constitutes the sole record of the agreement between the parties. 8 Eights Couriers shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.

18.2 No addition to, variation of or agreed cancellation of this agreement shall be of any force or effect unless recorded in writing and accepted by 8 Eights Couriers in writing.  

18.3 No relaxation or indulgence which 8 Eights Couriers may grant to the Client shall constitute a waiver of the rights of 8 Eights Couriers and shall not preclude 8 Eights Couriers from exercising any of its rights which may have arisen in the past or which may arise in the future.

18.4 This agreement is made up out of three parts, being Part A, B and C, which together constitutes the whole Credit Application Agreement. The terms and conditions contained in each separate part se mutis mutandis be applicable to each the part and visa versa.