TERMS OF CARRIAGE
By the conditions set out below, DCB and its servants and agents are firstly not to be liable at all for certain losses and damage, and, secondly wherever they are to be liable, the amount of liability is strictly limited to the amount stated in Condition 5.
Customers are therefore advised to purchase insurance cover to ensure that their interests are fully protected in all events.
By tendering materials for shipment via DCB (hereafter referred to as DCB) the shipper agrees to the terms and conditions stated herein. No agent or employee of DCB or the Shipper may alter or modify these terms and conditions.
1. THE AIRBILL
This DCB Airbill is NON-NEGOTIABLE and the Shipper acknowledges that it has been prepared by the Shipper or by DCB on behalf of the Shipper. The Shipper warrants that it is the owner of the goods transported hereunder, or it is the authorised agent of the owner of the goods, and that it hereby accepts DCB terms and conditions for itself and as agent for and on behalf of any person having any interest in the shipment.
2. SHIPPER’S OBLIGATIONS AND ACKNOWLEDGMENTS
The Shipper warrants that each article in the Shipment is properly described on this Airbill and has not been declared by DCB to be unacceptable for transport, and that the shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling.
The Shipper hereby acknowledges that DCB may abandon and / or release any item consigned by the Shipper to DCB, which DCB has declared to be unacceptable or which the Shipper has undervalued for Customs purposes or miss-described, whether intentionally or otherwise, without incurring any liability whatsoever to the Shipper and the Shipper will save and defend, indemnify and hold DCB harmless from all claims, fines and expenses arising there from.
The Shipper shall be solely liable for all costs and expenses related to the shipment and for costs incurred in either returning the shipment to the Shipper or warehousing the shipment pending disposition.
The Shipper acknowledges that DCB is not a common carrier and that DCB reserves the right to refuse or abandon the carriage or transportation of any goods for any person, firm or company and the carriage or transportation of any class of goods at its discretion.
3. RIGHT OF INSPECTION OF SHIPMENT
DCB has the right, but not the obligation, to inspect any shipment including without limitation, opening the shipment
4. LIEN ON GOODS SHIPPED
DCB shall have a lien on any goods shipped for all freight charges, customs duties, advances or other charges of any kind arising out of transportation hereunder and may refuse to surrender possession of the goods until such charges are paid.
5. LIMITATION OF LIABILITY
Without prejudice of clause 7, the liability to DCB for any loss or damage to the shipment (which term shall include all documents or parcels consigned to DCB under this Airbill) is limited to the lesser of:
(a) R100 (one hundred Rand)
(b) The amount of loss or damage to a document or parcel actually sustained or
(c) The Actual Value of the document or parcel as determined under section 6 hereof, without regard to its commercial utility or special value to the Shipper.
6. ACTUAL VALUE
(a)The Actual Value of a document (which term shall include any item of no commercial value which is transported hereunder) shall be ascertained by reference to its cost of preparation or replacement reconstitution value at the time and place of shipment, whichever is less.
(b) The Actual Value of a parcel (which term shall include any item of no commercial value which is transported hereunder) shall be ascertained by reference to its cost of repair or replacement, resale or fair market value at the time and place or shipment whichever is less. In no event shall such value exceed the original cost of the article paid by the Shipper plus 10%.
7. CONSEQUENTIAL DAMAGES EXCLUDED
DCB shall not be liable, in any event, for any consequential or special damages or other indirect loss, however arising, whether or not DCB had knowledge that such damages might be incurred, including, but not limited to, loss or income, profits, interest, utility or loss or market.
8. LIABILITIES NOT ASSUMED
While DCB will endeavour to exercise its best efforts to provide expeditious delivery in accordance with regular delivery schedules, DCB WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR DELAY IN PICK-UP, TRANSPORTATION OR DELIVERY OF ANY SHIPMENT, REGARDLESS OF THE CAUSE OF SUCH DELAY.
Further DCB shall NOT be liable for any loss, damage, miss-delivery or non-delivery.
(a) Due to Act of God, FORCE MAJEURE occurrence or any cause reasonably beyond the control of DCB or
(b) Caused by
(i) The act, default or omission of the Shipper, the Consignee or any other party who claims an interest in the shipment (including violation of any terms or condition hereof), or of any person other than DCB or of any customs or other government Officials or of any Postal Service forwarder or other entity or person to whom a shipment is tendered by DCB for transportation to any location not regularly served by DCB regardless of whether the Shipper requested or had knowledge of such third-party delivery arrangement.
(ii) The nature of the shipment or other defect characteristic or inherent vice thereof.
(iii) Electrical or magnetic injury, erasure or other such damage to electronic or photographic images or recordings in any form.
(a) Any claims must be brought by the Shipper and delivered in writing to the office of DCB nearest the location at which the shipment was accepted within 30 days of the date of such acceptance. No claim may be made against DCB outside that time limit.
(b) No claim for loss or damage will be entertained until all transportation charges have been paid. The amount of any such claim may not be deducted from any transportation charges owed by DCB.
These terms and conditions shall apply to and incur to the benefit of DCB and its authorised agents and affiliated companies and their offices, directors and employees.
11. MATERIALS NOT ACCEPTABLE FOR TRANSPORT
Except with the express agreement in writing of an authorised officer of DCB, DCB is NOT carry:
Currency, Stamps, Works of Art, Jewellery, Precious Metals, Precious Stones, Bullion, Fire Arms Explosives, Cashier's Cheques, Money orders, Animals, Antiques, Plants, Foodstuffs, Traveller’s Cheques, Drugs, Perishables, Tobacco, Negotiable instruments in bearer form. Lewd obscene, or pornographic materials. Industrial carbon and diamonds. IATA. restricted articles, including hazardous or combustible materials. Property, the carriage of which is prohibited by any law, regulation or structure of any federal stated or local government or any country form, to or through which the shipment may be carried and any other items from time to time notified by DCB to be a prohibited item in accordance with this paragraph 11.
12. WARSAW CONVENTION
If the transportation of any consignment involves an ultimate destination or stop in a country other than the country of departure, the Warsaw convention may be applicable and the Convention governs, and most cases further limits the liability of DCB in respect of loss or damage to such consignment.
13. COLLECT SHIPMENTS
Where DCB has agreed to bill the consignee for the cost of the shipment DCB reserves the right to refuse delivery until all transportation and other charges have been paid. If the consignee refused to pay, the shipper will be liable for all such charges, including without limitation, costs or returning the shipment if required.
(a) At the request of the Shipper and upon payment thereof, DCB will arrange insurance on behalf of the Shipper in an amount not exceeding R25 000 (twenty five thousand rend).
(b) The insurance coverage shall be governed by all of the terms and conditions in the policy of insurance issued by the insurance carrier.
(c) CONSEQUENTIAL DAMAGES AND LOSS OR DAMAGE RESULTING FROM DELAYS IN
TRANSPORTATION ARE NOT COVERED BY ANY SUCH POLICY OF INSURANCE.