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| GENERAL CONDITIONS OF CARRIAGE 1. DEFINITIONS In these conditions, the following words and/or terms shall bear the meaning ascribed to them:- 1.1 "Contractor" shall mean:- Consolidations Botswana cc and includes the contractor's servants and agents, and any person or persons carrying goods forming the subject matter of any contract entered into by any party with the contractor; 1.2 "Consignor" shall mean:- The owner of the consignment or goods or the person having lawful title to the consignment or goods or possession thereof and the duly authorized agent of the consignor; 1.3"Consignment" shall mean:- The goods forming the subject matter of the agreement whether contained in one or more parcels, containers or bulk and whether consigned singularly, separately or in bulk; 1.4 "Consignee" shall mean:- The person to whom or in the event of no name being given by the consignor, the address at which the goods are to be delivered. In the absence of the person named by the consignor as the consignee, then any person representing himself to be duly authorized to accept delivery on behalf of the consignee and having the appearance of being authorized by the consignor or the consignee to accept delivery on behalf of the consignee. 2. NO VARIATION OF CONDITIONS It is hereby agreed that the contractor will not be a public carrier in relation to the carriage of goods forming the subject matter of this agreement, and that the consignment or any goods to be carried are subject to the conditions contained herein. This agreement is the only agreement between the parties and no variations of this agreement will be of any force or effect whatsoever unless reduced to writing and signed by the parties. The conditions of carriage are available on request and which the consignor and/or the consignee are invited to read. 3. NO AUTHORITY OF AGENT TO VARY CONDITIONS No agent or person employed by the contractor will have any authority to vary, in any way, these conditions, unless he is expressly authorized in writing to do so by the contractor. 4. CONTRACTOR'S LIABILITY FOR DAMAGE TO, OR LOSS OF, CONTENTS OF CONTAINERS AND OTHER LOSS OR DAMAGE 4.1 Neither the contractor nor any of its servants or agents will be liable for any loss or damage to the consignor, howsoever caused, arising out of any carriage or related transport work; 4.2 All carriage and related transport work carried out in terms of this agreement, including but not limited to the off-loading, loading, packing, storage and/or safekeeping of any and all consignments, is done at the exclusive and sole risk of the consignor or consignee, as the case may be; 4.3 The contractor shall not be responsible for any loss and/or damages, including consequential damages, which the consignor may suffer as a result of the performance of services by the contractor in terms of this contract. In particular, it is agreed that the contractor accepts no liability for any damages which the owner may suffer, even if such damages are caused intentionally or grossly negligently; 4.4 It is the sole and absolute responsibility of the consignor to obtain insurance cover for all damages whether foreseeable or unforeseeable which the consignor may suffer as a result of any occurrence and/or conduct on behalf of the contractor, its agent or any person whatsoever. 5. SPECIAL LIMITATION OF CARRIER'S LIABILITY
6.1 Quotations furnished to any party to this agreement will be valid for a period of fourteen (14) days from the date appearing on such quotation unless otherwise agreed in writing; 6.2 Notwithstanding that a quotation may have been accepted by any party to this agreement, the quotation is subject to and conditional upon the contractor having a suitable vehicle available during that period or at any other time. In the event of the contractor being unable to fulfill the agreement as a result of not having a suitable vehicle available, no party shall have any claim whatsoever against the contractor as a result thereof; 6.3 In the event of the contractor being obliged to take out or obtain any licences or permits, which comply with the requirements of any lawful authority, the contractor will be entitled make an additional charge to cover any expenses resulting therefrom not already included in the quotation. The carriage of any consignment is subject to the granting of the necessary permission and any licenses by any such competent authority; 6.4 The contractor will furthermore be entitled to increase the agreed remuneration fixed by the quotation in the event of the consignor increasing the quantity of the goods to be carried in proportion to such increase; 6.5 In the event of the contractor being obliged to deviate from the route selected by it, or to carry the consignment of goods over another route, as a result of adverse weather conditions, impassable or dangerous road, bridges, pontoons and ferries, the contractor will be entitled to charge an additional remuneration in proportion to the resulting extra distance travelled. 7. DANGEROUS GOODS 7.1 The contractor will be under no obligation to accept dangerous goods for carriage and in the event of the consignor wishing the contractor to do so, he will make a full disclosure to the carrier of the nature and properties of such goods and, in the event of such goods being accepted for carriage by the contractor, the consignor will ensure that such goods are properly and securely packed and otherwise dealt with in accordance with any laws or regulations enforce at the time; 7.2 In the event of the consignor failing to disclose the dangerous nature of the goods, or in the event of the goods becoming a danger to the persons or property of others, including the servants or property of the contractor, whether the dangerous nature thereof has been disclosed or not, the contractor will be entitled immediately, and without notice to the consignor or consignee to discharge or dispose of any such goods and the contractor will not be liable for any loss or damage arising from such discharge or disposal whatsoever. The contractor will further be entitled to recover from the consignor his contractual remuneration in respect of any such carriage, notwithstanding the non-delivery of such goods, together with any expenses incurred in discharging or disposing thereof. 8. INDEMNITY TO CONTRACTOR IN RESPECT OF DANGEROUS GOODS The consignor hereby indemnifies the contractor against all loss, damage or injury to any persons or property, however caused, arising out of the carriage of any dangerous goods. 9. POSTPONEMENT Any postponement or cancellation by the consignor of the contract shall entitle the contractor to make a charge to cover the expenses or loss of the contractor arising therefrom which assessment shall be within the sole and absolute discretion of the contractor. 10. COLLECTION, STORAGE AND DELIVERY 10.1 The customer will deliver the goods to and load the consignment, and the consignee will take delivery and unload the consignment from the side or tailboard of the contractor's vehicle; 10.2 Goods left upon the contractor's vehicle for any reason to suit the convenience of the consignor or the consignee are held at sole risk of the consignor or the consignee, as the case may be, and the contractor may raise a reasonable charge for such storage. 11. DEMURRAGE 11.1 The contractor does not accept any liability for demurrage incurred on cranes, railway vehicles and trucks of any description, ships, aircraft or consignee or consignor's vehicle not under the control of the contractor, which charges shall be for the consignor's account, and if paid by the contractor, shall be repaid by the consignor forthwith, including, at the discretion of the contractor, a disbursement fee on demand; 11.2 Demurrage will be payable by the customer at the discretion of the contractor and all the contractor's vehicles delayed beyond working hours, whether during loading or off-loading from whatsoever cause arising when demurrage charge shall be levied by the contractor within the sole and absolute discretion of the contractor, which shall be final and binding for each vehicle so delayed per day or part thereof. 12. PRESCRIPTION OF CLAIMS AGAINST CONTRACTOR Written notice of any claim by the consignor against the contractor must be given to the contractor in writing delivered not later than three (3) days after the alleged loss or damages, or in the case of non-delivery, within seven (7) days of the time when the goods should have been delivered, failing which notices, no claims shall be enforceable against the contractor nor shall such claim or other dispute be capable of set-off or otherwise constitute a defence to any claim by the contractor against the consignor. Should no written notice be received, any claim will ipso facto lapse and become unenforceable. 13. SUB-CONTRACTORS The contractor will at all times have the power and authority to employ any other contractor on the consignor's behalf and at the consignor's expense in order to ensure the carriage of the said consignment to the address of the consignee, whether such carriage be affected by road, sea or air or by whatever means, In the exercise of such power the contractor will be entitled to agree to, and to accept on the consignor's behalf, any conditions of carriage imposed by any other contractor, and the consignor will be deemed to have had knowledge of, and to have accepted, any such conditions of carriage, provided that the contractor's liability as defined herein, will in no way be extended by any such conditions of carriage. 14. PAYMENT OF CARRIER'S REMUNERATION 14.1 Unless otherwise specifically agreed between the parties, the contractor's remuneration will be payable within thirty (30) days of the statement date reflecting charges for the goods carried. If any such charges are not paid when due and payable, or if any other debt of liability due by the consignor to the contractor is not paid in full or due date, the contractor shall be entitled in addition to and without derogating from its right of lien over the goods transported under this contract, to detain the whole or any part or all of the consignor's possession, until due payment is made of all and any indebtedness dealt with in terms of this clause. The contractor will furthermore be entitled to charge the consignor storage charges in respect of any period during which the goods are stored after tender of delivery up to and including the time of payment of all moneys owing to the contractor by the consignor. 14.2 In the event of non-payment in terms of Clause 14.1 of any indebtedness on due date therefore, the consignor acknowledges that the contractor is entitled to charge and receive interest on the outstanding balance from date of the rendering of the carriage services at the rate of 2,5% per month or part thereof. 15. CONTRACTOR'S LIEN The contractor will have a lien over all goods carried and in the event of non-payment of all moneys due by the consignor to the contractor within a period of one hundred and twenty (120) days from the date when the amounts become due and payable, the contractor will have the right, without further notice to the consignor, to open and examine any part of such goods, and, at his option to sell by auction or by private treaty, and to apply the proceeds of any such sale after deducting all expenses thereof, in payment of or towards any sum due by the consignor to the contractor. In such an event, the contractor will be released from any and all liability whatsoever in respect of the goods. 16. CLAIM OR DISPUTE NOT TO DEFER PAYMENT A claim or dispute shall not be made the reason for deferring payment of any moneys payable to or liability incurred by the contractors or to the agents or other contractors acting on their behalf, and these conditions shall mutatis mutandis apply to the consignor. 17. WARRANTIES 17.1 Should the consignor not be the owner of any goods comprising the consignment, the consignor warrants that it is authorized by the owners of such goods to enter into an agreement on their behalf; 17.2 The consignor warrants the accuracy in respect of all information supplied to the contractor relating to the nature, dimensions and weights of the goods, the addresses at which the goods are to be collected and delivered and matters relating to the points of collection and delivery relating to the existence, dimensions and weight bearing capacities of roadways, manhole covers, drainpipes, bridges and overhead obstructions such as trees and cables. Should the contractor be held liable in respect of the breach of any of the aforementioned on the part of the consignor, the consignor hereby agrees and undertakes to reimburse upon demand, any such amounts paid by the contractor be it in respect of fines by the Local Authorities, or otherwise 18. LIMITATION OF CARRIER'S LIABILITY IN RELATION TO TIME OF DELIVERY The carrier will not be liable for any delay or detention of the goods carried or for any loss, damage or deterioration arising therefrom, unless the date and time for delivery of the consignment is expressly stated in writing has been of the essence of the contract. In any event, the contractor will not be liable for any loss, damage or deterioration unless such delay or detention is attributable to the gross negligence of the contractor. |
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