SPECIAL TERMS AND CONDITIONS
1. CARRIAGE UNDERTAKEN SUBJECT TO CONDITIONS OF CARRIAGE: VARIATION OF CONDITIONS:
It is hereby agreed that the contractor shall not be a public carrier in relation to the carriage of the goods forming the subject matter of the agreement, and that any goods to be carried are accepted subject to the conditions contained herein and that this agreement is the only agreement entered into between the parties. No variations of this agreement shall be of any force or effect unless reduced to writing and signed by the parties.
2. WARRANTY BY CONSIGNOR
The consignor hereby warrants that he is the owner of the goods or, if not the owner, that he is duly authorized by the owner to enter into this contract.
3. DELIVERY OF GOODS
(a) In the absence of the client named by the consignor as the consignee at the address given by the consignor for the delivery of the goods at the time of arrival of the goods for delivery, the contractor is hereby authorized to deliver the said goods to any person representing himself to be duly authorized to accept delivery thereof on behalf of the consignee and in the event of no person being present at the address of the consignee, the contractor shall, in its discretion, be entitled to discharge the goods at the address of the consignee and to leave such goods at the consignee's address unattended. Any such discharge of the said goods shall be deemed to constitute good and proper delivery to the consignee and due performance by the contractor of the obligations in terms of this agreement and the contractor shall not be liable in respect of any subsequent loss or damage to the said goods.
(b) The contractor shall not be liable for any loss or damage to the said goods resulting from incorrect delivery due to the name of the consignee or the address to which the goods are to be delivered having been improperly given by the consignor, nor shall the contractor be liable for any loss or damage in the event of delivery being effected to some person other than the consignee, in the event of the consignee or his duly authorized agent not being present to receive delivery of the goods.
(c) Where goods are held by the contractor "to await instructions" or "to be kept until called for”, and such instructions are not given or delivery of such goods is not taken from the contractor, the contractor shall not be liable for any damage to, or loss of, any goods of a perishable nature and, in the case of goods of a perishable nature, the contractor shall be entitled to dispose of such goods at any time after receiving delivery thereof, without notice of the consignor or to the consignee, if, in the opinion of the contractor, the condition of the goods is offensive to others or likely to cause harm to the health, person or property of others, or upon being required to do so by lawful authority. The contractor shall be entitled to charge the consignor any expenses incurred in connection with the disposal of such goods and shall not be liable to the consignor for any loss or damage arising out of such disposal.
(d) In the case of goods held by the contractor "to await instructions" or "to be kept until called for" if such instructions are not given or delivery of such goods is not taken from the contractor and the remuneration due to the contractor in respect of the packing, storage and removal of such goods is not paid within fourteen (14) days after the receipt of such goods by the contractor, the provisions of clause 9 hereof shall mutandis apply.
4. AUTHORITY OF AGENT TO VARY CONDITIONS
No agent or person employed by the contractor shall have any authority to alter or vary, in any way, these conditions, unless he is expressly authorized in writing to do so by the contractor.
5. QUOTATIONS
Quotations are provided having regard to the existing scale of wages and air, railway or shipping rates in force at the date upon which the quotation is given. Quotations exclude customs dues, clearing charges and fines unless otherwise indicated on the quotation.
6. INCREASE OF QUOTATIONS
(a) In the event of the contractor being obliged to take out or obtain licenses or permits, or to comply with the requirements of any lawful authority, the contractor shall be entitled to make an additional charge to cover any expenses resulting there from not already included in the quotation.
(b) The contractor shall 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.
(c) In the event of the contractor being obliged to deviate from the route selected by him, or to carry the goods over another route, as a result of adverse weather conditions, impassable or dangerous roads, bridges, pontoon and ferries, the contractor shall be entitled to charge an additional remuneration in proportion to the resulting extra mileage.
7. PAYMENT OF CONTRACTOR'S REMUNERATION
Unless otherwise specially agreed upon between the parties the contractor's remuneration shall be payable by the consignor in cash and not by cheque and shall be due immediately as against tender of delivery of goods carried notwithstanding any claim which the consignor might have against the contractor and set off shall nor operate against the contractor by reason of any such claim. In the event of non-payment of the contractor's remuneration, the contractor shall be entitled to retain possession of the goods pending payment, without prejudice to any other rights, which he might have against the consignor. The contractor shall 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 monies owing to the contractor by the consignor, in which event the provisions of clause 9 hereof shall mutatis multandis apply.
8. CONTRACTORS LIEN
(a) The contractor shall have a lien over all goods carried and in the event of non-payment of all monies due by the contractor within sixty (60) days after tender of delivery of the goods carried, the contractor shall have the right, without further notice to the consignor, to open and examine any part of such goods and, at his option, to sell the whole or any part thereof, either by public auction or by private treaty and to apply the proceeds of any such sale, after deducting all expenses thereof, in payment of to towards any sum due by the consignor to the contractor, any surplus shall be paid over to the consignor by the contractor, without interest, within thirty (30) days after such sale, or in the event of the contractor being unaware of the address of the consignor, on the application of the consignor, but save therefore, the contractor shall be released from all liability whatsoever in respect of the goods carried.
(b) Where the contractor has, in accordance with the provisions of paragraphs (a) of this clause, sold part only of the goods carried and the proceeds of such sale are sufficient to pay the contractor all monies due to him by the consignor up to the date thereof, the consignor shall be entitled to take delivery of the remainder of such goods. The contractor shall have the right to charge a reasonable sum for the storage of any goods forming part of such remainder of which delivery is not taken by the consignor and, without notice to the consignor, to recover any such sum in accordance with the provisions of paragraph (a) of the clause, which shall mutatis mutandis apply.
(c) The exercise by the contractor of any of the rights accorded to him by this clause shall be without prejudice to any other rights he may have under this agreement or at common law in respect of the non-payment by the consignor of the contractor’s remuneration.

9. CONSIGNOR’S DUTY TO ENSURE DELIVERY OF GOODS TO CONTRACTOR
It shall be the duty of the consignor to ensure that no goods to be carried by the contractor remain unloaded or left at the place at which delivery of the consignment is to be given to the contractor and the contractor shall not be liable for any damage to, or loss of, any such goods arising from any breach by the consignor of such duty.
10. CONSIGNOR TO ESTABLISH CONDITION OF GOODS AT TIME OF DELIVERY TO CONTRACTOR:
EFFECT OF CONTRACTOR’S RECEIPT OR OTHER RECORD
This onus of establishing the condition of any of the goods carried at the time of delivery thereof to the contractor shall at all times remain on the consignor, and no receipt or other record given at such time by the contractor to the consignor in respect of the carriage shall constitute proof of such condition, save to the extent that any specific record in relation thereto may have been made thereon or on the face hereof by the contractor.
11. ADEQUACY OF MEANS OF ACCESS AND LOADING FACILITIES: CONTRACTOR’S CONSEQUENTIAL RIGHTS AND IMMUNITIES:
(a) The contractor’s obligation shall at all times be subject to the condition that there exists at the place where the contractor is to load and take delivery of the consignment safe and adequate access and loading facilities and that it is possible for the carrier to do so by means of ordinary staircases and doorways and without the need for any special or additional tackle, plant, power, labour or equipment.
(b) In the event of the condition referred to in paragraph (a) of this clause not being fulfilled, the contractor shall have the election either to reside from this agreement, in which event the contractor shall not be liable for any loss or damage suffered by the consignor or the consignee in consequence thereof, or to accept this agreement. Where the contractor elects to accept this agreement, he shall have the right to use such additional tackle, plant, power equipment, or labour as he may in his own sole and absolute discretion deem fit, in which event the consignor shall be liable for all reasonable expenses incurred by the contractor in regard to such use, including the hiring thereof, and any such expenses shall be
(c) The contractor shall not be liable to the consignor in respect of any damage to the consignment arising out of the use of any such additional tackle, plant, power equipment or labour, and the consignor shall indemnify the contractor against any loss or damage arising out of any injury to the servants or property of the contractor or any third person by reason of any defect in such tackle, plant, power or equipment or the negligence of such labour.
12. DANGEROUS GOODS
(a) The contractor shall be under no obligation to accept dangerous goods for carriage and in the event of the consignor wishing the contractor to do so, he shall make a full disclosure to the contractor of the nature and properties of such goods and, in the event of such goods being accepted for carriage by the contractor, the consignor shall ensure that such goods are properly and securely packed and otherwise dealt with in accordance with any laws or regulations in force at the time.
(b) In the event of the consignor failing to disclose the dangerous nature of any goods, or in the event of any goods becoming a danger to the person or property of others, including the servants or property of the contractor, whether the dangerous nature thereof has been disclosed or not, the contractor shall be entitled immediately and without notice to the consignor or consignee, to discharge or dispose of any such goods and the contractor shall not be liable for any loss or damage arising from such discharge or disposal whatsoever. The contractor shall furthermore be entitled to recover from the consignor his contractual remuneration in respect of such carriage, notwithstanding the non-delivery of such goods, together with any expenses incurred in discharging or disposal thereof.
13. INDEMNITY TO CONTRACTOR IN RESPECT OF DANGEROUS GOODS
The consignor hereby indemnifies the contractor against all loss, damage or injury to any person or property, however caused, arising out of the carriage of any dangerous goods.
14. CARRIAGE OF VALUABLES
In no circumstances shall the contractor be liable for the loss of valuables, including jewellery, precious stones, furs, currency or bank notes, coins or money of any description, unless the existence and nature thereof is disclosed to the contractor and the contractor expressly undertakes to carry such valuables. The contractor shall, in any event, have the right to refuse to convey any such valuables unless they are independently insured by the consignor, and the carriage thereof shall, in any event be entirely at the risk of the consignor in respect of any loss or damage, from whatsoever cause arising, in the absence of any written undertaking on the part of the carrier to the contrary.
15. CONTRACTOR’S LIABILITY FOR DAMAGE TO, OR LOSS OF, CONTENTS OF CONTAINERS:
The contractor shall not be liable for damage to, or the loss of, any goods contained in trunks, packing cases or containers of any kind not packed by the contractor. In regard to containers packed by the contractor, the contractor shall not be liable in excess of the sum of R2-00 (Two Rand) per container for any loss of, or damage to, any goods contained therein, and then only if such damage or loss is attributable to the negligence of the contractor.
16. LIMITATION OF CONTRACTOR’S LIABILITY
No liability shall attach to the contractor in respect of any loss, damage or deterioration to goods delivered to the contractor for carriage or storage, from any cause arising whatsoever, including the negligence of the servants or agents of the contractor and whether such goods have been packed by the contractor of by the consignor or by any other person. All goods carried or stored by the contractor shall, at all times, be carried or stored at the risk of the consignor and the consignee, unless of course, the consignor has arranged for the necessary insurance cover.
17. LIMITATION OF CONTRACTORS LIABILITY IN RELATION TO DELIVERY
The contractor shall not be liable for any delay or detention of the goods carried or for any loss, damage deterioration arising there from, unless the date and time for the delivery of the consignment is expressly stipulated in writing as being of the essence of the contract. In any event, the contractor shall not be responsible for any such loss, damage or deterioration unless such delay or detention is attributable to the gross negligence of the contractor.
18. STORAGE CHARGES ON FAILURE TO TAKE DELIVERY BY CONSIGNOR OR CONSIGNEE
The contractor shall be entitled to charge the consignor storage charges at a reasonable rate (it shall be presumed that the contractor’s charges are reasonable until the contrary is proved by the consignor) in respect of any period during which the contractor is obliged to store the goods carried by reason of the failure of the consignor or the consignee to take delivery thereof when tendered by the contractor or in the event of the contractor being unable to deliver the said consignment due to the fault of the consignor or consignee.
19. SPECIAL LIMITATION OF CONTRACTOR’S LIABILITY
Subject to the terms of this agreement, the contractor shall not be liable for (a) the loss of a particular market, (b) indirect or consequential damages and (c) loss or damage arising from riots, civil commotion, strikes, lock-outs or stoppage of work from whatever cause, whether partial or general.

20. PRESCRIPTION OF CLAIMS AGAINST CONTRACTOR
Notice of any claim by the consignor against the contractor shall be given to the contractor in writing not later than seven (7) days after such claim arose, failing which such claim shall ipso facto lapse and become unenforceable.
21. SUB-CONTRACTORS
The contractor shall at all times have the right to employ any other contractor for the packing, storage or the carriage of the said goods, whether by rail, road, sea or air, and by any means whatsoever. In the event of the contractor concluding any sub-contract, the conditions of this agreement shall remain in full force and effect.
22. REMUNERATION IN RESPECT OF PACKING, STORAGE OR CARRIAGE
In the absence of any written agreement to the contrary, the remuneration payable to the contractor by the consignor shall be in accordance with the standard tariff of charges of the contractor in force at the time that any goods are packed, stored or carried by the contractor. In regard to the storage of the said goods, the contractor shall be entitled to give to the consignor fourteen (14) days notice of his intention to increase its tariff in respect of the storage of such goods and on the expiry of such notice the contractor shall be entitled to increase the remuneration payable by the consignee in accordance with its new tariff of charges.
23. PAYMENT OF STORAGE CHARGES
The remuneration due to the contractor in respect of storage charges shall be paid monthly in advance by not later than the 1st day of each and every month during which the goods remain in storage, save the remuneration in respect of the first month’s storage, or any portion thereof, shall be paid before the goods are received into storage by the contractor in cash, and the contractor shall have the right to refuse to accept payment in respect of any such charges by way of a cheque. In calculating the storage charges payable, the full month’s charges shall be payable in respect of the goods received for storage prior to the 15th of any month, and one half of the monthly storage charges shall be payable in respect of all goods received into storage after the 15th day of any one month. Same as aforesaid, there shall be no obligation on the contractor to calculate the storage charges in respect of goods taken into storage during the course of the first month of storage, on any pro-rata basis.
24. RECEIPTS IN RESPECT OF GOODS STORED
The contractor shall upon delivery to it of goods for packing, storage or removal, furnish to the customer a copy hereof, which shall constitute a receipt in respect of the goods received by the contractor. In the absence of written notice by the consignor disputing the accuracy of the schedule hereto or any remarks made by the contractor in respect of the condition of any of the said goods at the time of their being received by the contractor, within a period of fourteen (14) days from the date of the issue hereof, the schedule hereto and the remarks of the contractor in regard to the condition of any of the said goods at the time of their being received by the contractor, shall be conclusive proof of the quantity of goods so received and their condition at the time of their delivery to the contractor.
25. STORAGE OF DANGEROUS GOODS
The consignor shall not deliver for storage any dangerous goods without the consent of the contractor being first had and obtained. In the event of any such goods being delivered for storage without the knowledge or express consent of the contractor, the consignor hereby indemnifies the contractor against all loss or damage suffered by the contractor or any third party as the result of the presence of such goods. The contractor may upon discovering the presence of dangerous goods, at his discretion, either call upon the consignor forthwith to remove any such goods and, in the event of the consignor failing to do so, the contractor shall have the right to remove, sell, destroy or otherwise dispose of any such goods received into storage and shall, in any event, be entitled to do so in all cases where, in the opinion of the contractor, the presence of such goods constitutes a danger to either the person or property of others.
26. NOTICE OF ACCESS OR DELIVERY OF GOODS STORED
The consignor shall give the contractor a minimum of fourteen (14) days notice of any access, which he requires, to goods held in storage by the contractor and fourteen (14) days notice of his intention to take delivery of goods out of storage.
27. AUTHORITY TO REQUEST ACCESS TO OR DELIVERY OF GOODS
The contractor shall not be under any obligation to delivery the goods stored or to permit access thereto otherwise than upon the consignor’s signed written request, the signature to which shall correspond to the consignor’s signature on the face hereof or unless the person making any such request satisfies the contractor that he is the consignor or that he is duly authorized by the consignor.
28. LIMITATION OF LIABILITY ARISING OUT OF DELIVERY BY CONTRACTOR TO UNAUTHORISED PERSON
In the event of the contractor delivering the goods stored to any unauthorized person purporting to be the consignor or consignee or to be acting on his behalf, no liability for any loss or damage arising out of such delivery shall attach to the contractor, whether arising out of the negligence of the contractor’s servants or otherwise.
29. TERMINATION OF STORAGE BY CONTRACTOR
The contractor may at any time require the consignor to remove his goods from storage upon giving him fourteen (14) days notice in writing to do so.
30. DOMICILIUM CITANDI ET EXECUTANDI
The consignor hereby appoints the addresses given by him on the face hereof or of either of them as his domicilum citandi et executandi for all purposes relating to this agreement. No variation of such domicilum shall be binding on the contractor unless conveyed in writing to him under the signature of the consignor.
31. PRESUMPTIONS AS TO NOTICE
Any notice required to be given by the contractor to the consignor shall be deemed to have been validly given if posted to the domicilium citandi et executandi of the consignor and shall be deemed to have been received by the consignor within three (3) days after posting thereof. Upon proof being given to the effect that any notices in terms hereof have been duly posted to the consignor, the consignor shall be precluded from disclaiming receipt of any notice so posted.
32. COSTS
The consignor hereby undertakes and agrees to pay all costs, charges and disbursements that may be made and/or incurred by the contractor and/or his attorneys and agents in endeavoring to recover any amount due to the contractor in terms of this agreement, including costs on a scale as between attorney and own client and collection commission.