1.1 The Company shall mean AGM NITRO LOGISITICS (PTY) and shall include agent, independent contractor holding subsidiary affiliate or associate company of the company.
1.2 The goods shall include any envelope, container, package, pouch, box or covering in the goods to be consigned and contained.
1.3 The sender shall include the owner of the goods, the consignee and any person, the consignee and any person who any interest in such goods or in their receipt (whether contingent or otherwise)
1.4 Words with denote
1.4.1 any gender shall import and include the other gender;
1.4.2 a natural shall import and include artificial persons and vice versa;
1.4.3 the singular shall import and not include the plural and vice versa
2. The company undertakes itself or through its agents or subcontractors to convey the Goods to the consignee. The Company contracts on the basis that it is not a common or
Public carrier and further that it is not to be treated as a bailee or depository. Under no Circumstances shall any strict liability attach to the company
3.1 All business (including the giving of advice or information to or any other dealings with the sender) is undertaken by the company(whether a fee charged or not).
Subject to these conditions as well as to the conditions appearing on the reverse side of the Company’s House Airway bill not withstanding any representations by any persons
representing or purporting to represent the company and or anything in the senders enquiry, acceptance or order to the contrary.
3.2 All Goods accepted by the Company are dealt with subject to the conditions stipulated by carriers, warehousemen, Government Departments and all other parties into whose possession of custody the goods may pass, or subject to whose authority they may at any time be.
3.3 This contract shall become binding on the senders upon the signature on the face of the Company’s House Airwaybil by the delivery of the goods to the company and/or collection of the goods by the Company, this contract shall not become binding on the Company unless the contract to forward the goods is accepted by the Company.
4.1 No Amendment or consensual cancellation hereof or any provisions or terms hereof and no extension of time or waiver or relaxation or suspension of any of the provisions or terms hereof shall be binding unless recorded in written document signed by a Director specifically authorized by the Board of Directors on behalf of the Company and Sender. Any such extension, waiver or relaxation or suspension which is given or made shall be strictly construed as relating strictly to the matter in respect whereof it was made or given.
4.2 Nothing herein contained shall be construed as a waiver by the Company of any of its rights under the applicable law from time to time in force. 5 The Sender chooses its domicilium citandi et executandi for all purposes, whether in Respect of court process, notices or other documents or communications or Whatsoever nature in terms hereof or otherwise the address appearing on the face of Company’s Airwaybil.
6. The signatory on behalf of the senders, by his signature on the face of the Company’s warrants that he is authorized to contract with the Company on the basis of these conditions on behalf of the Sender, the consignee, any owner(s) of the goods any person having any interest whatsoever in the goods or in their receipt (whether contingent or otherwise ).
7.1 If any goods are tendered to the Company which could constitute a breach of any of the warranties (whether with or without consent ) the Company, in addition to its rights in common law may deal with the goods (which may include the destruction thereof) as it deems fit, without liability to the Sender, without prejudice to its rights to recover its charges and/or expenses, including those incurred in dealing as aforesaid, notwithstanding that it may have acted or failed to act negligently, the Senders warrants that;
7.1.1 He has duly supplied on the face of the Company’s House Airwaybil all particulars Necessary to comply with applicable laws and rulings or requirements of the Company or any Carrier including the nature of the goods;
7.1.2 All the particulars on the face of the Company’s Airwaybil are true and correct in all respects For customs, insurance and (without limitation to the aforegoing categories) any other purposes;
7.1.3 Unless specifically arranged with and duly authorized in writing by the Board of Directors of the Company, whether or not expressly otherwise stated on the face of the Company’s House Airwaybil, None of the goods are or may become dangerous, inflammable, radioactive, perishable, noxious or Fail within any category of goods listed in the hazardous cargo manual issued from time to time by the international Air Transport Association, nor are such goods by their nature likely or liable to habour vermin or pests or cause injury or damage to any person, goods or property whatsoever, nor will the goods( or any part thereof) compromise livestock, Persian carpets, perishable and/or frozen food stuffs, household goods, or personal effects, explosive arms and ammunition, precious metals and stones, bullion, specie, money and jewellery, antiques and works of art, motor vehicles, liquor
wine or cigarettes;
7.1.4 The goods have been properly and sufficiently packed and/or prepared for carriage. The Company shall not be liable for any scratching, chipping, denting or marring of the goods or for Mechanical electrical or electronic derangement unless it is caused by visible violent external means.
7.1 The Sender shall be obliged to give any instruction to the Company timeously and in writing in Order to afford the Company reasonable opportunity of complying with any such instructions, but the Company shall be entitled, but not obliged to act on oral instructions alone. If there is a conflict between oral and written instructions, the Company shall determine the course to be adopted in its sole discretion, having regard to the Sender(s) known requirements , if any. Notwithstanding that the Company may purport or attempt to act on any instructions, no liability shall attach to the Company for failure(whether negligent or otherwise) to comply with
or perform such instructions. The Company should be entitled to recover its charges and / or expenses including those incurred in acting terms hereof.
7.2 The Company reserves the right to inspect the goods consigned at anytime and for this purpose shall be entitled to unwrap or open the goods.
8.1 The sender hereby irrevocably and in rem saum authorizes the Company to appoint such third parties as the Company may consider necessary for the purpose of procuring the forwarding of the goods to their destination on such conditions as may be stipulated by such third parties, but by which the sender agrees to be bound (and in this regard, if the premiums, rates or charges or the extent of liability of such third parties depends on the value declared, the nature of the declared , the nature of the declaration shall be determined). In absence of written instructions by the Company in its sole discretions and;
8.1.1 in the case of International Forwarding, to disburse such amounts on behalf of the Sender as may be Agreed with such third part with the Company in its sole discretion. The Company shall be entitled
in addition to its charges, to recover such amounts disbursed from time to time from the Sender. The Company shall not be liable to the Sender in respect of any additional charges incurred on behalf of
the Sender by reason of means, route or procedure adopted by the Company (whether negligently or otherwise) or by reason of the fact that a saving might have been affected had some other means,
route or procedure been adopted but shall be entitled to recover any such additional charges from the sender.
8.1.2 in the case of Domestic Forwarding the sender shall be liable only for the Company’s charges, it Being agreed that the amount and rate of payment disbursements by the Company to such third
parties shall be no concern to the sender, who shall not be entitled to sign any of the documents relating thereto;
8.1.3 in all cases where there is a choice of tariff rates or premiums offered by carriers, warehousemen, underwriters, or others, depending upon the value declared or the extent of the liability assumed by
carriers, warehousemen, underwriters or other person, it shall be in the entire discretion of the Company as to what declaration, if any, shall be made and what liability, if any shall be imposed
on the carrier, warehousemen, underwriter or other person unless express instructions in writing are timeously given by the sender;
8.1.4 The Company shall be under no obligation to make any declaration to, or to seek any special protection or cover from South African Transport Services in respect of any goods failing
within the definition of that body
18.104.22.168 of dangerous or hazardous goods or;
22.214.171.124 of goods liable to be stored in the open.
8.2 The Sender agrees that the Company shall have no responsibility or liability to the Sender;
8.2.1 for any act or omission on the part of any third party ( whether negligent or not. Nor shall the Company be obligated to take any action against such third parties;
8.2.2 for any loss, destruction, damage or expense called by delay in delivering or arising from the use of any weapon or war employing atomic or nuclear fusion and/ or other like reaction of radio force or matter or caused by political confiscation, seizure, appropriation, expropriation, deprivation, requisition of title destruction by or under the order of any government (whether civil, military or de facto) and/ or other official(s);
8.2.3 for any loss or damage arising from or caused by earthquake, tremor, volcanic eruption; war invasion, act of foreign enemy, hostilities or warlike operations (whether war be
declared or not), civil war, mutiny rebellion, revolution, military or unsurped power, or sacking or pillage in connection herewith.
8.3 The Company shall have no obligation to take any action in respect of goods which may be recognizable as belonging to the Sender, unless it has received suitable instructions relating
to such goods together with all necessary documents and in particular the Company shall not be obligated to notify the Sender of the existence or whereabouts of the goods or to examine
them or to take any steps for their identification, protection or for preservation of any claim by the Sender or any other party against the carrier, insurer or any third party.
8.4 Subject to express instructions in writing given by the Sender, the Company reserves to itself complete freedom in respect of means, route and procedure to be followed in handling and
transportation of goods in particular the use of the term courier in description of services does not, unless specifically otherwise stated, imply that goods will be accompanied by an
individual at any or all stages of transit.
9. The Company shall not be obligated to affect insurance in respect of the goods consigned. If the Sender requests the Company to insure the goods and the tenders to pay the Company
charge therefore and the Company agrees to the aforegoing, the Company will insure the goods and the relevant insurer does not or any reason pay any amount under the relevant insurance
policy or pay an amount less than the amount claimed, then the Company shall be liable to the Sender in any manner than for the repayment of any charge made for such insurance, less any
amount paid by the insurer
10. If it is necessary for any examination to be held or other action to be taken by the Company in respect of any discrepancy in the goods which are landed from vessel, aircraft, vehicle or
container, no responsibility shall attach to the Company for any failure (whether negligent or otherwise) to hold such examination or take other action.
11.1 Pending forwarding and delivery, the Company shall be entitled to warehouse or otherwise deal with the goods at any place at the Sender’s sole risk and expense
11.2 Unless agreed in writing by the Company to contrary, any delivery times indicated by the
Company or estimates of the times of delivery shall not bind to effect such time.
12.1 Without prejudice to its other rights, the Company shall have lien over the goods for its charges and expenses in connection with or as a result of or by reason of carrying out or
exercising by the company of its obligations or rights hereunder (including, but without limiting the aforegoing) for the storage of sale or disposal of the goods and the compilation relating
to the goods and any cost incurred on an attorney and client scale.
12.2 If any goods have been collected or accepted by the consignee within a reasonable time after the tender thereof (and for the purpose thereto notification of the consignee of the fact that
the goods are available for collection or that the Company is willing to deliver the goods, shall be deemed to be a good and sufficient tender);
12.2.1 the company shall notify the Sender at its domicilium citandi executandi and
12.2.2 after the expiration of 10 (ten) days of the posting to that address of such written notice and
12.2.3 unless the Sender shall give the Company instructions to redeliver the goods at the Sender’s expense, the Company shall be entitled and authorized irrevocably and in
rem saum to sell or dispose of the goods and retain from the proceedings, the charges, expenses and costs referred to in 14. Any balance shall be held by the
Company on behalf of the Sender until collected by the Sender, but subject to any governing laws.
12.3 In the case of perishable goods, the provisions of 12.2 shall apply mutatis mutandis, save that
if the goods have begun or are likely to deteriorate, the Company need not await the expiry
of the 10(ten) day period before selling or disposing of the goods.
12.3 The Company shall be entitled and the Sender hereby authorizes the Company to retain in rem
saum and by way of pledge any goods delivered to the Company by the Sender, whether for
forwarding or as security for the payment of any amounts or the discharge of any obligations
owing by the Sender to the Company from time to time, and, which have been timeously paid
or discharged by the Company. The Company shall further be entitled to sell any of the pledged
goods in rem saum in such terms and conditions as the company may deem fit and to retain
so much of the proceeds of such sales as shall be sufficient to extinguish all amounts then
owing by the Seller to the Company, provided that the Company shall not exercise its right to sell unless and until it shall have given 7(seven) days prior written notice of its intention to
discharge his outstanding obligations to the Company. The Company shall not incur any liability
to the Sender for any loss or damage suffered by the Sender rising out of the operation of this
13. The Sender shall bear the onus of proving that the goods were not delivered to the consignee
or were not redelivered to the sender or alternative consignee after the request therefore by
14. Unless otherwise agreed, the Sender shall pay to the Company, the Company’s charges laid
down in its tariff (or, in the absensce thereof, the usual and reasonable charges) on the date on
which the Company takes delivery of the goods for the purpose of procuring their forwarding
to the consignee as well as the following;
14.1 the amount of any tax, duty or any other charge whatsoever, imposed by any law regulations
or enactments of whatsoever nature which comes into force after the date on which the Company
takes delivery of the aforesaid goods;
14.2 any other additional costs of any nature whatsoever arising due to factors beyond the control
of the Company;
14.3 in the case of International Forwarding any disbursement paid to or be paid by the Company
on behalf of the Consignor or consignee
14.4 general sales tax on vat
15. The Company is entitled to any discounts obtained and retain and be paid all brokerages,
commissions, allowances and other remunerations of whatsoever nature and kind shall not be
obliged to disclose or account to the Sender for any such remuneration received by it nor in
the case of Domestic Forwarding shall the Company be obliged to pass on to the Sender the
benefits of any reduced tariffs.
16. If the Sender instructs the Company to collect fright, duties, charges or any other expenses
from the consignee or any other person, and the Company agrees thereto the Sender shall be
responsible for the payment thereof on demand if they are not paid to the Company by such
consignee or other person immediately when due.
17. Any amounts payable by the Sender to the Company shall be paid at the Company’s offices
(or at such address as the Company may notify the Sender in writing) in cash, without deductions
or set off;
17.1 within 30 days after the date of statement in respect of those Senders to who the Company
has previously agreed to grant credit;
17.2 in all other cases, on demand.
18. The Company shall be entitled to payment of any change, disbursement or any other amount
due to it, notwithstanding that a previous debt (whether including or partly including the amounts
now sought to be charged ) had been raised and whether or not any notice was given that
further debts were to follow.
19. No notices, cash, cheques or any other documents sent to the Company through the post shall
be deemed to have been received unless and until actually received by the Company.
20. Notwithstanding anything herein contained to the contrary;
20.1 no liability shall attach to the Company, nor shall the Company take any action, unless notice
has been received by the Company in respect of;
20.1.1 any loss, damage or nondelivery of any goods within 5 (five) days of the date on which
the goods should have been delivered;
20.1.2 any duty, railage, warfage, freight, cartage or any other impost or charge paid or levied
incorrectly, within 30 days of statement;
20.2 and notwithstanding compliance by the Sender with 20.1 the Company shall not be liable in
any respect whatsoever by the Sender whether loss, damage (consequential or otherwise),
expenses, interest or fines, whether arising as a result of any negligent act or omission on the
part of the Company or due to non-delivery or misdelivery or due to failure by the Company
to perform its obligations in the manner in which it was obliged to perform them or at all, or
21. The Sender hereby indemnifies the Company against any liability, loss, expenses, damages
costs, interests or fines of any nature whatsoever which;
21.1 the Company may sustain or incur as a result of;
21.1.1 complying with the instructions of the Sender; or
21.1.2 any breach by the Sender of any of its obligations hereunder; or
21.1.3 the exercise by the Company of any of its rights hereunder;
21.1.4 any claim of whatsoever nature or king and however arising made upon the Company
by the owner of the goods, the consignee or any other person who has an interest in
the goods in their receipt (whether contingent or otherwise).
21.2 The sender must sustain or incur (in the event that the Company is held liable therefore) arising
from the handling or being in close proximity to the AGM Nitro Logistics Drop Box
including (without limiting the generality of aforegoing) bodily injury or loss of life. For the
purpose of this clause 21.2 the Sender shall include its employees, agents, or anyone who on
its behalf directly deposits or attempts to deposit goods in the AGM Nitro Logistics Drop Box.
22 Interest calculated monthly in arrears at the maximum rate permissible shall accure and be payable
on any position of the charges due to the Company but not paid by due date by the Sender.
The rate of interest chargable shall be prime O/D rate as charged to the Company by its bankers
23. The Sender shall be liable for all costs incurred in the recover of any monies outstanding and
due by the Sender hereunder including collection charges and attorney client costs incurred
prior to or during the institution of legal proceedings, or if judgment has been granted. In connection
with the satisfaction or enforcement of any such judgment.
24.1 The validity, construction and performance of these conditions of carriage shall be governed
by and interpreted in accordance with the laws of the Republic of South Africa without giving
effect to the principle of the conflicts of the law and any action or claim arising therefrom shall be
subject to the jurisdiction of the courts of the republic of South Africa.
24.2 At the option of the Company, any action or application concerning or arising out of these
conditions may be brought in any Magistrates Court having jurisdiction in respect of the Sender,
notwithstanding that the amount in issue may exceed the jurisdiction of such court.
25. Unless the context indicates otherwise the rights and obligations of any party arising from these
conditions of carriage shall develop upon and bind its successors in title.
26. The Company reserves the right to make any amendments or additions to these terms and
conditions carriage at any stage with a 7(seven) day written notice.