CONDITIONS OF CARRIAGE

CONDITIONS OF CARRIAGE
These terms and conditions are a shortened version of our full Standard Conditions of Carriage.

Please note that all and any business conducted and / or services rendered by us are subject to our full Standard Conditions of Carriage, a copy of which are available on our website at https://jkjexpress.co.za/.

1. DEFINITIONS – The following terms shall have the meaning assigned to them:
a) “us/we/our” means JKJ Express (Pty) Ltd with registration number: 2018/326634/07; b) “you/your” means the customer whose details appear on the Waybill and/or who instructs us to perform the Services; c) “Dangerous Goods” means goods that are commonly regarded as dangerous or hazardous goods in the freight industry, a list of which are available on our website; d) “the Goods” means any object/item/parcel which we undertake to transport in terms of the Waybill; e) “the POD” means our proof of delivery document signed by the recipient of the Goods, alternatively in the event that it is reasonably impossible to obtain the recipient’s signature, verbal confirmation and / or photographic confirmation of proof of delivery will be sufficient; f) “the Services” means the collection, transportation and delivery of Goods by us (including but not limited to the use of our third parties, carriers, lines and transporters) on your instructions; g) the T&C’s” means the terms and conditions contained in this Agreement; h) “the Waybill” means our waybill relating to the Services; and i) “our website” means our website which can be accessed at https://jkjexpress.co.za/.

2. PROTECTION OF PERSONAL INFORMATION – Certain information on the Waybill contains Personal Information (as defined in the Protection of Personal Information Act). By completing the Waybill and/or requesting the Services, you hereby i) consent that we may process such Personal Information, as defined in the said Act, ii) warrant that you have obtained the necessary written consent(s) from any relevant third parties to that effect; and iii) you consent that we may use any means to verify the information contained on the Waybill.

3. YOU AGREE AND WARRANT THAT– i) you accept and agree to the T&C’s and further that you have accessed, read, understood and hereby agree to our full Conditions of Carriage, which are available on our website; ii) you are the owner of the Goods or are authorized by the owner to deal with the Goods; ii) all information, instructions and documents supplied shall be true and correct; iv) all Goods will be properly and appropriately packed, marked, labelled, sealed and addressed so as to ensure safe transportation; v) you are cognisant of the fact that you must avoid to tender Goods which contains exceptionally fragile or valuable goods and should you do so, you are obliged to pack and label such goods as to minimize the additional risks to which such goods may be exposed; vi) the Goods will not constitute Dangerous Goods or any illegal or prohibited articles, in terms of any national or international law or regulation; vii) you have acquainted yourself with regulations applicable to the carriage of Dangerous Goods by air and that you will ensure that any such goods which are subject to regulations bear the required warning labels and are accompanied by the necessary declarations; vii) you shall not provide details of your account number and/or login details to any unauthorised person and the unauthorised use of your account shall be at your own risk; viii) your instruction to us in respect of any carriage shall be the Waybill and no other instruction, whether verbal or in writing, shall be binding on us; and ix) you hereby indemnify us against all and any claims, losses, penalties, damages, expenses and fines of whatsoever nature arising from any breach of the warranties given in this clause 3.

4. PRICE AND PAYMENT – The price for the Services will be on a tariff basis and we are not obliged to give a breakdown of our charges nor proof the expenditure incurred. Customs and other statutory duties and/or fees paid by us on your behalf shall be charged at cost. We shall at any stage be entitled to revise our charges, with or without notice, in the event of i) change in currency exchange rates, third party freight services rates, surcharges, equipment rental rates, labour rates or any other charges applicable to the handling of the Goods, (ii) the dimensions, volumetric, quantity or weight of the Goods exceeding those upon which a price estimate was based, (iii) the cost of disposing of Goods, (iv) the costs of storing the Goods and (v) the cost of repacking the Goods. We reserve the right to charge a reasonable fee for any additional work required due to an inaccurate Waybill and/or where re-delivery and additional services were necessary to enable us to render the Services. Should delivery of the Goods be tendered and not accepted or unreasonably delayed, we shall, in our sole discretion be entitled to charge you for storage charges and/or transportation of the Goods to and from storage. If we incur any charges on your behalf (such as any taxes, duties, surcharges, etc.), you hereby authorize us to pay the charges on your behalf and you will reimburse us immediately upon demand. Where you request and we agree, to bill any charges and/or disbursements, or any portion thereof, to the consignee or any ther person, you will remain responsible for the payment should it not be paid in full by such person. Unless you are an account holder with us, all and any charges for Services and any other amounts payable in terms hereof will be payable in South African Rands, without deduction or set off, free of exchange or bank charges into our banking account and on a cash on delivery basis. We shall, in our sole discretion, appropriate all payments made to any invoice or amount that is in arrears. In the event of any amount not being settled on the due date, i) interest shall accrue thereon at the rate of 2% (two percent) per month (calculated on a daily basis and compounded monthly from the due date of payment thereof until date of final payment), ii) we shall have the right to suspend and/or refuse to provide any Services and iii) all and any amounts then outstanding (but not yet due) shall immediately become due and payable. These remedies are without prejudice to any other right we may be entitled to in terms hereof, our full Conditions of Carriage or in law. If we need to take legal action to enforce payment of any amount due by or any of our rights against you, you will be liable to pay the legal costs incurred by us on an attorney-and-own-client scale, including collection commission and tracing costs, and you hereby consent that any legal proceedings arising here from, may be instituted in the Magistrate’s Court having jurisdiction, provided that we shall have the right, to institute legal proceedings in any division of the Regional Court or High Court of South Africa, having jurisdiction.

5. RENDERING OF SERVICES – We are not a common carrier nor a public carrier. We shall use our best endeavours to render the Services within the time requested, however, you shall have no claim against us whatsoever for any damages suffered as a result of late delivery thereof. A signed POD shall be sole proof and sufficient evidence that the Goods were delivered in good order and condition, in an intact form, without any loss and shall further constitute final and absolute release of all our undertakings and obligations. We reserve the right, at our sole discretion, i) pending forwarding and delivery, that the Goods may be held at any place and at your sole risk and expense, ii) to determine whether the Goods are properly packaged, and if not, but without any obligation to do so, either repackage the Goods as we deem fit (which repackaging and/or incidental costs shall be for your account); and iii) decline and/or suspend and/or terminate, and without any liability or notice, the carriage of Goods. We shall at our sole discretion determine the route and method of loading and/or transportation and/or delivery of the Goods, and shall be entitled to use subcontractors and/or agents for the purpose of rendering the Services, the costs of which shall be for your account.

6.EXCLUSION OF LIABILITY AND INDEMNITY – All handling, packaging, loading, unloading, warehousing and transporting of the Goods on your behalf of or at your request shall be effected at your sole risk, and you hereby acknowledge that you shall have no claim against us of any nature whatsoever arising out of the aforegoing and you hereby indemnify us accordingly . We shall under no circumstances whatsoever be liable for any loss of income, loss of profits, loss of reputation, loss of customers, loss of use, loss of an opportunity, even if we had knowledge that such damages or loss might arise or for any indirect, incidental, special or consequential damages or loss however arising including without limitation breach of contract, negligence or default. You hereby indemnify us and hereby hold us harmless against all and any claims of whatsoever nature which may be made against us by the owner of the Goods or recipient of the Goods or any third party, arising from or in connection with Services or the nature of the Goods transported. We shall not be liable to fulfil our obligations herein and/or be liable for any damage suffered by you or any other party, of whatsoever nature resulting from or caused by or in connection with the inner vice of the Goods, flooding, moth vermin, insects, damp, rust, burglary or housebreaking, hijacking, acts of God, riot, civil commotion, invasion, war, sabotage, malicious intent, explosion, labour unrest, strikes, lockouts, chemical damage, leakage, inclement weather, diesel shortages, strikes in the transport industry, power failures, epidemic, quarantine restriction, or any
act or regulation of government or governmental authority and other contingencies beyond our control resulting in impossibility or delay of our performance.

7. INSURANCE AND MAXIMUM LIABILITY IN CERTAIN CIRCUMSTANCES – It is your responsibility to ensure that Goods are at all material times insured against loss or damage to their full value on an all risks basis, failing which you shall bear all risk of loss or damage to such Goods. We shall only arrange insurance, if you elects the insurance option on the front of the Waybill, which will be at a premium of 3% of the declared value and at your expense. The insurance option under this clause 7 shall be subject to clause 11 of our full Conditions of Carriage. In the event that you have not requested insurance under this clause 7, and notwithstanding that stated in clause 6 above, our maximum liability under certain circumstances and under certain conditions are set out in clauses 11.7 and 11.8 of our full Conditions of Carriage.

8. LIEN – We shall have a lien over all Goods, irrespective of whether you are the owner of the Goods or is acting on behalf of a third party, as security for any claim we may have against you. In this regard you are referred to clause 14 of our full Conditions of Carriage.

9. GENERAL – You hereby choose as your domicilium citandi et executandi for the receipt of any notices and/or legal processes arising from this Agreement, the physical address set out on the Waybill. Subject to our full Conditions of Carriage, these T&C’s constitute the whole agreement between us and no additions, variations, or consents to cancellation shall be of any force or effect, unless reduced to writing and signed by you and one of our duly authorized representatives. Each provision herein contained is severable, the one from the other, and if at any time any provision is or becomes or is found to be illegal, invalid, defective or unenforceable for any reason by any competent court, the remaining provisions shall be of full force and effect. No relaxation or indulgence which we may grant to you shall constitute a waiver of our rights and shall not preclude us from exercising any rights which may have arisen in the past or which might arise in the future. The T&C’s shall be governed and interpreted in accordance with the laws of the Republic of South Africa.