Standard Trading Terms and Conditions and Conditions of Carriage

All business undertaken by ConvergEX Distribution Management is subject to the following Standard Trading Terms and Conditions and Conditions of Carriage:

1. In these terms and conditions:-

1.1 "the Carrier" shall mean Ancor Distribution Management (Pty) Ltd t/a ConvergEX Distribution Management and shall include any of its agents, sub agents, independent contractors, holding, subsidiary, affiliate or associate companies.
1.2 "the Carriage" shall mean all forms of carriage and related activities undertaken by the Carrier on behalf of Clients.
1.3 "the Client" shall mean any party reflected on the Waybill or the credit application as the sender of the goods.
1.4 “the Waybill” shall mean the Carrier’s official Despatch Note or Despatch Sheet or in the case of computerised despatch sender systems, the Handover List or computer disk containing the Client’s instructions.

2. The Carrier has the right to open and inspect packaged goods and is entitled to refuse to accept for carriage any goods without giving reasons for refusal. It is recorded that the Carrier is not a public or common Carrier.

 
3. The Carrier will in its sole discretion select the methods of transportation and handling to be used in the Carriage of the goods. The Carrier does not warrant that the Client's request as to “service options” or “special instructions” as detailed in the Waybill, will result in any specific method of transportation of the goods being employed by the Carrier. All Domestic Courier shipments will automatically default to an Overnight Regular service (delivery before 11h30 the following business day) should no service be indicated on the waybill, and the applicable rates will be levied as contemplated in 6.

4. If the Carrier uses the services of a third party in respect of the transportation of the goods, only those conditions of carriage imposed by that third party which are more favourable to the Client and are not less favourable to the Carrier than the conditions contained herein shall apply as between the Client and the Carrier, as though expressly incorporated herein.

5. In addition to restrictions on Dangerous / Hazardous Goods as per 15, ConvergEX does not accept a number of goods for carriage by choice. This list of goods includes, but is not limited to furs; cash; cash equivalent; jewellery; bonds; bullion; medical specimens; livestock etc. A full list of these prohibited items is available on request.

6. Charges
6.1 The Carrier's charge for its services are set out in the Carrier's official tariff document applicable from time to time. A copy of this document has been provided and is also available on request.
6.2 Customs and other statutory payments made by the Carrier on behalf of the Client, including, but not limited to, import duty, surcharge, or Value Added Tax, shall be charged at cost to the Client plus a Disbursement Fee and proof of expenditure shall made available by the Carrier at the Client’s request.
6.3 ConvergEX is entitled to charge according to the higher of the actual or volumetric weight of the consignment, as determined by the courier company during warehouse processing.
6.4 Certain extremely remote areas as well as certain mines, farms, plots and various townships will attract a Remote Area surcharge. In addition, surcharges will also be levied for Consulates and Embassies, Chain Stores and for collections or deliveries after-hours, on weekends and Public Holidays.
6.5 The Carrier's tariff of charges is subject to review by the Carrier who will furnish notice to the Client which shall be binding within 7 days on the Client

7.Insurance
7.1 The Carrier's liability to the Client in respect of goods in its care shall terminate on delivery to the consignee nominated by the Client (and as a result of such nomination, authorized to act as agent on behalf of the Client), unless the consignee, at the time of delivery brings to the attention of the Carrier in writing, any loss or damage to the goods.
7.2 Subject to what is stated below, the Carrier will accept responsibility up to the value of the goods declared on the Waybill. If no value is declared, the maximum responsibility that will be accepted is R50,00.
7.3 Compensation shall be limited to replacement or repair of lost or damaged goods, or payment of the cost of replacement or repair. The Carrier will not be responsible for consequential losses of any kind, or for any loss or damages caused by delays or force majeure.
7.4 Maximum compensation shall be the lesser of the amount of the loss or damage and the value declared in writing on the Waybill for Carriage.
7.5 The Carrier or its insurer shall retain and, in its sole discretion, exercise any rights of recovery or salvage, and the conditions imposed by the insurers contracted to the Carrier shall apply to any claims made in terms of the Carrier's responsibility.
7.6 The maximum compensation in respect of any single consignment of goods shall be R500 000,00 if insurance is required and selected on the Waybill.
7.7 For insurance cover exceeding R500 000,00, please contact the Carrier for a written quote to effect cover.
7.8 The Carrier accepts no liability for loss of or damage caused to cellular phones.
7.9 The Carrier accepts no responsibility in respect of and will not pay compensation in the event of loss or damage to jewellery, precious stones and metals, negotiable instruments, or any article exceeding RI 000,00 of the value per kilogram of gross mass, irrespective of the contents.
7.10 In respect of the following classes of goods, the Carrier will deem the value for Carriage to be half the actual value declared:
7.10.1 Clothing;
7.10.2 Fashion goods and accessories;
7.10.3 Cosmetics;
7.10.4 Electronic equipment
7.11 Where goods shipped are samples, or articles made on a "one off basis", costs of replacement or repair shall be deemed to be the equivalent cost of the article were it to have "normal" production status. Clients are advised to arrange insurance cover for the real replacement cost of such articles.
8. The Carrier's responsibility described in clause 7 will be underwritten by means of an insurance policy, and the Carrier and Client shall be bound by the terms and conditions thereof, copies of which will be supplied to the Client on request. It is recorded that this policy includes the “Institute Cargo Clauses A and Strikes (Cargo) Clauses" issued by the London Institute of Underwriters.
9. Any claims in terms of clause 7 against the Carrier for loss or damage to goods must be submitted in writing to the Carrier by the Client by registered post at the Carrier's address chosen in 17, within four months of the date stated on the Waybill. Claims submitted after this period will be repudiated on the grounds of late submission regardless of any other circumstance of loss or damage. The Client indemnifies the Carrier against any loss or damages, direct or indirect, (including consequential damages) arising from the Client's failure to observe the terms of this clause.
10. Carriers Lien:
10.1 The Carrier shall have a lien on any goods transported for all customs duties, advances or other charges of any kind arising out of or in connection with transportation thereof and may refuse to surrender possession of the goods and refuse to deal with any claim until such charges are paid, it also reserves the right to sell the goods at a market related price so as to defray costs incurred by it, or reduce the Client's indebtedness to it, after giving 14 day's notice of such sale by registered post to the Client.
10.2 If the Carrier is unable for any reason to effect delivery of the goods, reasonable steps will be taken to return the goods forthwith to the Client. The Client shall be responsible for the costs of Carriage, attempted delivery and return of the goods. If the Carrier is unable to effect return of the goods, as a result of any fault on the Client's part, it shall be entitled to sell the goods at a market related price so as to defray costs incurred by it, or reduce the Client's indebtedness to it, after giving 14 day's notice of such sale by registered post to the Client.
11. The instruction from the Client to the Carrier in respect of any Carriage shall be made on the Waybill duly completed and tendered with the goods. No other instruction, whether verbal or written, shall be binding on the Carrier. No employee of the Carrier is authorised to vary this condition.
12. The Client shall remain responsible to the Carrier for all charges until they are paid. The Carrier shall not collect any monies at the time of delivery and no employee of the Carrier is authorised to do so. All payments made by the Client or any third party on behalf of the Client, shall be made free of any deduction or set off to the Carrier at its address chosen in 17.
13. Any amounts payable by the Client to the Carrier shall be paid at the Carrier’s offices (or at such address as the Carrier may notify the Client in writing) in cash, without deduction or set off:
13.1 within 30 days after date of statement in respect of those Clients to whom the Company has previously agreed to grant credit.
13.2 in all other cases, on demand.
14.If the Client wishes the Carrier to collect any payments due by the Client from a third party, the Client must at the time of requesting the Carrier to deliver the goods on its behalf ensure that:
14.1 The third party is an account holder of the Carrier;
14.2 Must quote that third party's account number and name on the despatch document. If the Client fails to do so the Carrier will ignore the Client's instruction and the Carrier will bill the Client directly, or at the Carrier's discretion will refuse to move the goods tendered by the Client for delivery until proper billing instructions are received from the Client. Should the third party nominated by the Client as the debtor decline to settle the Carrier's charges, the Carrier will charge the Client for the services rendered, who will settle the Carrier's charges on demand.

15. Dangerous/ Hazardous Goods
15.1 Unless otherwise agreed to in writing, the Client warrants that the goods are fit to be carried in the ordinary way and are not dangerous.
15.2 Unless otherwise agreed to in writing, the Company shall not handle any dangerous, corrosive, noxious, hazardous, inflammable or explosive goods or any goods which in its opinion are likely to cause damage.
15.3 The Client hereby indemnifies and holds harmless the Company against all loss, damage, injury, howsoever caused, arising out of the carriage of the dangerous goods for carriage whether declared as such or not.
15.4 Should the Company agree to accept dangerous goods for carriage:
15.4.1 The Client shall furnish with the goods a written declaration of their nature and content;
15.4.2 such declaration shall define the precise respects or circumstances in which the goods are dangerous; and
15.4.3 the Client shall ensure that the goods shall be properly and safely packed by the client and shall bear the warning labels and declarations required in terms of the laws and regulations applicable to the transportation of dangerous goods, including without limiting the generality of the aforegoing Regulations of Hazardous Chemical Substances, 1995 published in terms of Section 43 of the Occupational Health and Safety Act 85 of 1993 and the requirements of the Road Traffic Act 29 of 1989.
15.5  If in the opinion of the Carrier any goods, whether they have been declared as dangerous or not, become a danger to any person or property, the Carrier shall be entitled immediately and without notice to the Client to dispose of the goods in question or to take such steps as it in its sole discretion deems prudent to avert danger. In such event the Carrier shall:
15.5.1 not be liable under any circumstance for any loss or damage (whether direct or indirect or consequential) sustained by the Client as a result of such disposal or other steps; and
15.5.2 still be entitled to recover from the Client its remuneration for the Carriage of those goods together with any costs incurred by it in disposing of them or taking other steps.
16. The Client hereby consents to the jurisdiction of the Magistrate's Court in terms of Section 28 of the Magistrate's Court Act, No 32 of 1944 as amended, for all claims that the Carrier may have against the Client. This clause does not preclude the right of the Carrier to institute any action in the Supreme Court of South Africa.
17. The parties choose as their domicilium citandi et executandi for the delivery of all Court processes and any other notices hereunder, the address which appear on the Waybill.

18.Entire Agreement
18.1 This agreement constitutes the sole record of the agreement between the parties related to the subject matter therein. No party shall 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 in writing and signed by or on behalf of the parties.
18.3 No relaxation or indulgence which any party may grant to any other shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in future.
18.4 Any provision in this agreement which is or may become illegal, invalid or unenforceable in any jurisdiction affected by this agreement shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be treated as having not been written (ie pro non scripto) and severed from the balance of this agreement, without invalidating the remaining provisions of this agreement or affecting the validity or enforceability of such provision in any other jurisdiction.