Standard Trading Conditions for the carriage of general goods by F by decree


									Standard Trading Conditions for the carriage of general goods by F.B.N.Transport CC which were adopted by a members resolutio n on
15 January 1989 and which will be implemented with effect from the 15 January 1989.

1. DEFINITIONS                                                           (viii)      Notwithstanding anything herein before contained the         11. SUB-CONTRACTORS
   For the purpose of these conditions and unless                                    carrier shall not, in any circumstances, be liable for       The carrier may employ the services of any other carriers on
   inconsistent with the context:                                                    damage arising from loss of market, or attributable to       such terms and conditions as the carrier deems fit for the
1.1 “Carrier” means F B N Transport.                                                 delay in forwarding or in transit or failure to carry out    purposes of fulfilling the whole or any part of the contract and
1.2 “Consignor” means the party contracting with the carrier                         the instructions given to it or any other consequential      any such other carrier shall have the same rights and
     to render carriage services and includes, where the                             loss, however caused.                                        protection, mutatis mutandis, as are contained herein.
     context so requires, the party requesting the carrier’s             (ix)        Notwithstanding anything herein before contained the
     services and/or the party in whom/which risk in the                             carrier shall be discharged from all liability:              12. ONUS
     goods conveyed vests at all material times.                                  (i) For loss or non-delivery of any separate package            The onus of proving the conditions of any goods in the
1.3 “Consignment” means the goods in bulk or contained in                              forming part of a consignment or for loss from a           consignment at time the consignment is delivered to the carrier
     one parcel or package as the case may be or any                                   package or unpacked consignment or for the                 shall at all times rest with the consignor. No document
     number of separate parcels or packages sent at one                                damage or mis-delivery, however caused, unless             acknowledging the receipt of any consignment given by the
     time on one load by or for the consignor from one                                 notice be received in writing within 5 (five) days after   carrier to the consignor shall be evidence of the condition or of
     address to one other address.                                                     the end of the transit.                                    the correctness of the declared nature of the consignment at the
1.4 “Dangerous Goods” means:                                                      (ii) For loss or non-delivery of the whole of a                 time it is received by the carrier.
       (i) All goods which are specified in the special                                consignment, however caused, unless notice be
            classification of dangerous goods issued by the                            received in writing within 28 (twenty-eight) days of       13.   The carrier shall not be liable under any circumstances
            South African Transport Services and Harbours                              the date when the goods should have been                         for any loss, damage or expenses arising from or in any
            administration from time to time or which although                         delivered.                                                       way connected with marks, weights, measurements,
            not specified therein, are not acceptable to that                                                                                           numbers, brands, contents, quality of description of any
            administration for conveyance on the ground of             4. VARIATIONS                                                                    goods.
            their dangerous or hazardous nature: or                    No variation of these conditions shall be binding on the carrier
       (ii) Goods which, although not included in (I) are of           unless recorded in writing and signed by the carrier or its agent          14. DANGEROUS GOODS
            kindred nature in the carrier’s opinion.                   expressly authorized in writing to do so.                                     (a) Unless otherwise agreed in writing, the consignor
1.5 “The Contract” means the contract of carriage between                                                                                                warrants that the goods are fit to be carried ion the
     the consignor and the carrier which can be in writing or          5. WARRANTY OF AUTHORITY                                                          ordinary way and not dangerous.
     verbal and to which these terms and conditions apply.             The representative who contracts on behalf of the consignor                   (b) Should the carrier agree to accept any dangerous
2. All and any business undertaken by the carrier is and               warrants that he is authorized to enter into the contract on                      goods for carriage then:
   shall be subject to the conditions hereinafter set out and          behalf of the consignor.
   each condition shall be deemed to be incorporated in and                                                                                               (i)     The consignor shall furnish with the goods a
   to be a condition of any agreement between the carrier              6. CARRIERS STATUS                                                                         written declaration of their nature and contents.
   and its consignor.                                                  The carrier is not a public carrier and accepts the goods for                      (ii)    The goods shall be properly and safely packed by
3. LIMITATION OF LIABILITY                                             carriage by road only on these conditions.                                                 the consignor, ready for consignment and in
     (i) The consignor has acknowledged the fact that the                                                                                                         accordance with any applicable laws for the time
            FULL RESPONSIBILITY OF INSURANCE of his                    7. CARRIERS CHARGES                                                                        being in force.
            and or his clients goods REST UPON HIMSELF                 All payment to be made to the carrier shall be made without                        (iii)   The consignor hereby indemnifies and holds
            OR HIS CLIENTS.                                            deduction or set off and no amount may be deferred or withheld                             harmless the carrier against all loss, damage and
     (ii) However         a    maximum         of    R50.00      per   by reason of any claim or counter claim.                                                   injury, however caused, arising out of the carriage
            parcel/consignment will be entertained by the                                                                                                         of any dangerous goods whether declared as
            carrier, as compensation for the loss or damage of         8. PAYMENT                                                                                 such or not.
            these parcels/ consignment, while in the carriers          Unless otherwise specifically agreed by the carrier al sums shall
            possession, if gross negligence is proved, or              be paid to the carrier in cash immediately upon presentation of
            unfortunate circumstance should arise, where-by            account.
            the consignor suffers a loss as a result of carriers
            negligence.                                                9. LIEN                                                                    15. JURISDICTION
     (iii) If it is desired that the liability of the carrier should      (i) The carrier shall be entitled to hold as pledge and the             The carrier and the consignor hereby consent in terms of
            not be governed by these limits, written notice                      consignor hereby pledges the goods tot he carrier as             section 45 of the magistrates court Act No.32 of 1944 as
            thereof must be given to the carrier within a                        security for any monies which may be due and payable             amended to the jurisdiction of nay magistrates court having
            reasonable time before any goods or documents                        to it by the consignor from any cause whatever.                  jurisdiction in respect of their persons notwithstanding the fact
            are entrusted to the carrier, together with a                 (ii) The carrier shall have a lien over all the goods as                that the subject matter in dispute or quantum of any claim is
            statement of the value of the goods. Upon receipt                    security for all monies owing for the carriage and               otherwise beyond such jurisdiction provided that the carrier shall
            of such notice the carrier may agree to its liability                storage or the goods.                                            be entitled to institute any proceedings against the consignor in
            being increased to a maximum amount equivalent                (iii) If any monies owing are not paid with in 7 (seven) days           any competent division of the Supreme Court of South Africa.
            to the amount stated in the notice, in which case it                 after they become due, the carrier shall be entitled
            should be entitled to effect special insurance to                    without further notice to the consignor :
            cover its maximum liability and the party giving the               (a) To open and examine any part of the consignment.               16. WAIVER
            notice shall be deemed by so doing to have agreed                  (b) To sell the whole or any part of the consignment in            No act, omission, course of dealing, forbearance, delay or
            and undertaken to pay the carrier the amount of the                      such manner and on such terms and conditions as it           indulgence by the carrier in enforcing any of these condition or
            premium payable by the carrier for such insurance.                       deems fit: and                                               any of its rights in terms thereof or any granting of time by the
     (iv) The carrier shall not be liable in any circumstances                 (c) To apply the proceeds of any sale after deducting all          carrier shall prejudice or effect the rights and remedies of the
            for any direct or consequential damages or any                           expenses thereof, in payment or reduction of any             carrier under these conditions and no such matter shall be
            special damages sustained by the consignor.                              amount due by the consignor to the carrier provided          treated as any evidence of waiver of the carriers rights the
     (v) The carrier shall not be liable for any loss of or                          that any surplus shall be paid over to the consignee         reunder nor shall any waiver of a breach by a consignor of any
            damage to the goods arising out of or associated                         without interest immediately after the sale.                 one or more of these conditions operate as a waiver of any
            with inadequate packing or protective material                     (d) Upon payment or tender of the proceeds of any                  subsequent breach thereof. The carrier shall at all time and
            applied in respect of any consignment.                                   such sale the carrier shall be released from all             without notice be entitled to insist on strict application of these
     (vi) The carrier shall not in any circumstances be liable                       liability to the consignor in respect of the goods.          conditions and on their strict enforcement on its consignors,
            for any loss of or damage to goods or for non-                     (e) The carrier rights under clause 9 … are not                    clients and customers.
            delivery, mis-delivery whether on ground of breach                       exhaustive and are in addition to any other rights,
            of contract or negligences, unless it is proved that                     which the carrier may have against the consignor.            17. LEGAL COSTS
            the loss, damage non-delivery occurred whilst the                                                                                     In the event of the carrier being obliged or electing in institute
            goods were in the actual custody of the carrier and        10. GENERAL IDEMNITY                                                       legal proceedings against the consignor for recovery of any
            under its actual control.                                  The consignor indemnifies and holds harmless the carrier                   amount due an payable in terms of the contract, the carrier will
     (vii) Subject to the above clause the carrier shall be            against all claims and demands made by any third party against             be entitled to recover from the consignor all costs incurred
            under no liability whatsoever whether on ground of         the carrier and against all liability incurred by the carrier to any       pursuant to such proceeding including collection commission
            breach of contract or negligence, in respect of any        third party in respect of any loss or damage to any other goods            and interest at the maximum rate allowed by law, on the scale
            type of loss or damage, however arising, and               from any cause whatever. The consignor furthermore                         as between attorney and client.
            whether in respect of in connection with any goods         indemnifies and holds harmless the carrier against any claim
            or any instructions, business, advice, information or      which the consignor may otherwise have acquired against the                18. HEADINGS
            services or otherwise unless it proved that the loss       carrier for failure, for whatever reason, on the part of the carrier       The heading to these clauses are for convenience only and are
            or damage was caused by the gross negligence of            to lodge timeous or proper claims against the insurance                    not to be taken into account for the purpose of interpreting the
            the carrier.                                               company/ies contemplated in these terms and conditions.                    contract.

The consignor confirms that he has read each and every term of the above trading cond itions, that he understands the contents thereof and has accepted it to be binding on him and or
his firm/company, whereafter he has placed his signature thereto.

Date:     ____________________________________________________                                             Company Stamp:              _______________________________________________________

Witness:____________________________________________________                                               Authorized Signature: _______________________________________________________

Witness:____________________________________________________                                               Printed Name:               _______________________________________________________

                                                                                                           Capacity:                   _______________________________________________________

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