Save where expressly agreed otherwise in writing, DCB, its employees and agents shall not be liable for any claims, demands, actions, losses, damages, expenses or costs (including legal costs on the attorney and client scale) arising from or in connection with the performance of the Services, except to the extent expressly provided for in these Terms and Conditions.
By placing an order upon DCB for services, you the Customer are agreeing, on your behalf and on behalf of the sender of the shipment (“the shipper”) and the receiver of the shipment (“the receiver”) to the terms and conditions stated herein, and renounce your, the shipper’s and the receiver’s own terms and conditions standard or otherwise in favour of these presents. These Terms and Conditions shall be read in conjunction with the terms and conditions of any Service Level Agreement and/or Rates Proposal.
For the purposes of these presents: -
| “Customer” | means the person placing an order upon DCB for services; |
|---|---|
| “Service(s)” | shall mean the carriage whether by road or air, storage, warehousing, picking and packaging of a shipment; |
| “shipment” | shall mean any parcel, package and/or document consigned to DCB and in respect of which DCB is to perform services; |
| “waybill” | refers to a consignment instrument in respect of a shipment whether in documented or electronic format. |
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
A DCB Waybill is NON-NEGOTIABLE and the Customer warrants that the information contained on a waybill is true and correct in every aspect and shall correspond to the shipment. The Customer acknowledges that any waybill completed by DCB, shall have been so completed with DCB relying on the veracity of information supplied by the Customer. The Customer indemnifies and holds DCB harmless against all and any claims, demands, losses, damages, liability, actions, costs and expenses arising as a result of any errors and/or omissions appearing on any waybill.
The Customer warrants that if it is not the owner of any shipment, that it is the authorised agent of the owner thereof. And that it hereby accepts DCB’s Terms and Conditions itself and as agent for and on behalf of any person who has any interest in the shipment.
If the service requirement on the Waybill (AWB) is NOT MARKED by the customer, the Waybill (AWB) will be sent and charged via the ECONOMY SERVICE.
The Customer warrants that each item in every shipment shall have been properly declared to DCB to be acceptable for transport, and that the shipment is properly marked, addressed and packed to ensure safe transportation with ordinary care in handling.
Save where the shipment has been picked and packed by DCB, the Customer warrants that the shipment shall have been prepared and packed by authorised persons under its supervision free from interference, contamination and/or tampering.
The Customer acknowledges that DCB may suspend or terminate services and may abandon, dispose of and/or release any article or shipment declared to DCB to be unacceptable for transportation, or which does not correspond to its relevant waybill, without incurring any liability whatsoever to the Customer.
The Customer shall be solely liable for any and all costs, fees, charges and expenses related to the services.
DCB has the right, without notice or reasons needing to be provided, to open and inspect any shipment.
Except with the express agreement in writing of an authorised officer of DCB, DCB will NOT carry:
| Materials Not Accepted For Transport | ||
|---|---|---|
| Currency | Bullion (Gold, Silver, Platinum, Precious Metals) | Antiques |
| Stamps | Money Orders | Drugs |
| Precious stones | Animals | Perishables |
| Cashier’s cheques | Traveler’s cheques | Jewellery |
| Firearms | Plants | Art Works |
| Explosives | Foodstuffs | Tobacco |
| Hazardous goods | Dangerous goods | Human organs, remains or samples |
This list of items also includes:
Articles inadequately packed/packaged. Negotiable instruments in bearer form. Industrial carbon diamonds. IATA restricted articles including hazardous or combustible materials and chemicals. Articles, the carriage of which is prohibited by any law, regulation or structure of any federal, state or local government or any country from, to or through which the shipment may be carried and any other articles from time to time notified by DCB to be prohibited articles in accordance with this clause.
The Customer shall be liable for any loss of or damage to DCB vehicles, equipment, property or the contents thereof arising from inadequate packaging, incorrect declaration of goods, or any shipment that causes damage during the provision of the Services.
DCB shall have a lien on any shipment for all costs, fees, charges and expenses incurred in the performance of the services relative thereto and shall be entitled to retain possession of such shipment until such time that such costs, fees, charges and expenses have been paid in full by the Customer.
Unless otherwise agreed in writing between DCB and the Customer, DCB's liability for any loss of or damage to a shipment shall be limited to the lesser of:
| a) | R3,000 (three thousand Rand) inclusive of VAT per shipment; |
|---|---|
| b) | the actual loss or damage sustained by the Customer; or |
| c) | the Actual Value of the shipment as determined in Clause 9 below. |
The Customer acknowledges that DCB's liability is limited in accordance with these Terms and Conditions.
Where the Customer has selected an alternative liability or insurance option in a signed Rates Proposal, Service Level Agreement, Insurance Annexure or other written agreement with DCB, such liability or insurance option shall apply in place of the limitation contained in this Clause.
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 physical cost of replacement of the paper utilised.
The Actual Value of a parcel (which term shall include any item of no commercial value which is transported here under) 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.
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 of market.
DCB will make reasonable efforts to provide services in accordance with its normal operating schedules but shall not be liable for any delay in collection, transportation or delivery, regardless of cause.
DCB shall not be liable for any loss, damage, destruction, missed delivery or non-delivery arising from:
Unless expressly agreed otherwise in writing, DCB is not an insurer and does not provide insurance cover in respect of shipments.
At the request of the Customer and subject to the applicable terms, conditions and premiums, DCB may facilitate the arrangement of liability or insurance cover through its approved insurance partners.
Any liability or insurance option selected by the Customer shall be governed by the applicable Rates Proposal, Insurance Annexure, Service Level Agreement or other written agreement concluded with DCB.
The Customer acknowledges that any claim arising from an insured event shall be subject to the applicable insurer's terms and conditions.
Any claim for loss of or damage to a shipment must be submitted in writing to DCB within 30 (thirty) calendar days from the date of collection, failing which the claim shall prescribe, and no claim may thereafter be brought against DCB.
No claim for loss of or damage to a shipment shall be considered while any fees, costs or charges remain outstanding.
The amount of any claim may not be deducted from any amount owing to DCB.
Where the Customer has selected a liability or insurance option under a Rates Proposal, Insurance Annexure or other written agreement, the claims procedure applicable to such option shall apply in addition to this Clause.
The Customer indemnifies and holds DCB harmless against all claims, losses, damages, liabilities, costs and expenses arising from: (a) any breach of these Terms and Conditions by the Customer; (b) any incorrect, incomplete or misleading information supplied by the Customer; (c) the transportation of any prohibited, dangerous or undeclared goods; or (d) any act or omission of the Customer, the Shipper or the Receiver.
Where DCB Logistics has agreed to bill the receiver for the cost of services, DCB reserves the right to refuse delivery until all fees, costs, and charges in connection with those services shall have been paid in full. If the receiver refuses to pay the whole or any portion thereof, the Customer or sender will remain liable for such fees, costs and charges, including and without limitation, any and all fees, costs and charges of returning the shipment if required.
The Customer agrees not to actively solicit for employment any DCB employee directly involved in the provision of services to the Customer during the term of this agreement and for a period of three (3) months thereafter.
Should the Customer employ such employee within this period, the Customer shall pay DCB a placement fee equal to 15% of the employee's annual cost to company.
If 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 Logistics in respect of loss or damage to such consignment.
Any dispute arising in connection with these Terms and Conditions, or in respect of the services shall be governed by the laws of the Republic of South Africa.
Should any term or conditions of these Terms and Conditions be held to be unlawful, invalid or unenforceable by a court of competent jurisdiction, such terms and conditions to the extent of their unlawfulness, invalidity and unenforceability shall be severed from the remainder of these Terms and Conditions which shall remain binding and enforceable and of full force and effect.
No indulgence, extension of time, or any relaxation which DCB may entertain or grant to the Customer shall constitute a novation by DCB of any of these Terms and Conditions. No amendment, variation, alternation or deletion of any of these Terms and Conditions, including of this clause, shall be of any force or effect unless reduced to writing and signed by a duly authorised director on behalf of DCB.