Terms & Conditions of Carriage

Outline & Regional Express Courier (Pty) Ltd

1. Definitions

“The Courier” means Outline & Regional Express Courier (Pty) Ltd.

“Customer” means the party contracting with the Courier for the carriage of goods.

“Load / Consignment” means all goods transported for the Customer at any one time by any mode of conveyance.

“Agreement” includes the credit application, approval of credit facility, and these Terms & Conditions of Carriage.

2. Application

These Terms & Conditions apply to all contracts relating to the carriage of goods by the Courier. No variation is binding unless agreed to in writing and signed by an authorised representative of the Courier. Any person acting on behalf of the Customer warrants that they are duly authorised to bind the Customer.

3. Payment

All amounts payable must be made without deduction or set off. Unless otherwise agreed in writing, all amounts are payable upon presentation of the Courier’s statement.

Statements sent by post or email are deemed received within 7 days unless proven otherwise. Overdue amounts bear interest at 2% above the Nedbank prime overdraft rate, calculated from due date until payment.

If the Customer fails to adhere to credit terms, the Courier may demand immediate payment of all outstanding amounts, whether due or not.

4. Pledge & Security

The Customer pledges the Load and all rights arising from it as continuing security for all amounts owed to the Courier.

Upon delivery of the Load to the Courier, the pledge becomes effective and covers all rights, income, and benefits arising from the Load.

The Customer warrants that they are the lawful owner or authorised agent of the owner of the Load.

The Customer is responsible for all costs relating to storage, handling, insurance, and maintenance of the Load.

The Customer indemnifies the Courier against any loss or damage arising from the Courier exercising its rights under this clause.

If any amount remains unpaid for 7 days, the Courier may open and examine the Load, sell all or part of it on terms it deems fit, apply the proceeds to the Customer’s account less expenses, and refund any surplus.

The Customer appoints the Courier as its attorney in fact to sign any documents necessary to give effect to this pledge.

5. General Indemnities

The Customer indemnifies and holds the Courier harmless against all claims by third parties arising from loss or damage to any consignment, however caused.

The Customer further indemnifies the Courier for any loss arising from failure to lodge insurance claims timeously.

6. Dangerous Goods Including Hazchem

The Customer warrants that the Consignment does not contain dangerous goods.

The Customer indemnifies the Courier against all claims, loss, damage, injury, or costs arising from the carriage of dangerous goods.

If the Courier discovers dangerous goods, or if goods become dangerous in transit, the Courier may dispose of them or take any necessary steps at the Customer’s expense.

7. Subcontracting

The Courier may subcontract any part of the carriage on terms it deems fit. All subcontractors enjoy the same rights and protections as the Courier under these Terms & Conditions.

8. Onus

The Customer bears the onus of proving the condition and nature of the Consignment at the time of delivery to the Courier. Any receipt issued by the Courier constitutes prima facie proof only of the condition of the goods.

9. General Conditions

  • No relaxation or indulgence granted by the Courier constitutes a waiver of rights.
  • The Courier may institute legal proceedings in any Magistrate’s Court with jurisdiction over the Customer, regardless of the amount.
  • The Customer is liable for all legal costs on an attorney and client scale, including collection commission.
  • The Courier determines the route and method of transport at its discretion.
  • Transit times are guidelines only and are not guaranteed.
  • Payment is deemed received only when funds clear in the Courier’s account.
  • The Customer must ensure safe and free access for loading and unloading.
  • The Customer warrants the accuracy of all weights, values, descriptions, and particulars supplied.
  • Charges are calculated on actual or volumetric mass, whichever is greater.
Volumetric Mass = L × W × H in cm ÷ 5000

10. Credit Consent

The Customer agrees that the Courier may perform credit checks with registered credit bureaus, monitor payment behaviour, record and transmit account information to credit bureaus, and provide 28 days’ written notice before submitting adverse information.

11. Fuel Surcharge

Fuel surcharge is calculated at 1% for every 32c change in fuel price, capped at 15%.

12. Restricted Commodities & Liability

Goods transported or warehoused by the Courier are not automatically insured. If the Customer declines the Courier’s Service Guarantee, including Freightguard where applicable, no insurance cover applies.

Additional insurance must be arranged before the first shipment. The Courier is not liable for any excess or uninsured losses.

Restricted commodities not covered under any circumstances include:

Tobacco products, alcohol, money, bullion, credit cards, jewellery, watches, precious stones, furs, securities, manuscripts, plans, designs, solar panels, explosives, livestock, plants, firearms, ammunition, instruments, gemstones, metals, antiques, drugs, refrigerated or perishable goods, copper products, glass products, fluids, oils, furniture, household or personal effects, second-hand goods, and any other items classified as restricted.

13. Limitation of Liability

The Courier shall not be liable for any indirect, consequential, special, punitive, or economic loss whatsoever, including loss of profit, loss of business, loss of contracts, loss of revenue, loss of production, loss of market share, or reputational damage.

The Courier’s liability for any direct loss or damage shall be limited to the freight charges paid for the affected consignment unless additional insurance has been arranged and accepted in writing prior to collection.

14. Force Majeure

The Courier shall not be liable for any delay, failure, or inability to perform its obligations where such delay or failure arises from circumstances beyond its reasonable control.

This includes acts of God, floods, storms, fires, strikes, civil unrest, road closures, government restrictions, load shedding, utility failures, pandemics, epidemics, or any event beyond the Courier’s reasonable control.

15. Claims Procedure

Any claim for loss, damage, shortage, or non-delivery must be submitted in writing to the Courier within 24 hours of delivery for visible damage or shortages, and within 7 days of the expected delivery date for non-delivery claims.

Failure to submit a claim within these time periods shall constitute a waiver of any claim against the Courier.

No claim shall be considered unless all freight charges have been paid in full.

16. Inspection of Goods

The Courier reserves the right to inspect, scan, open, examine, weigh, measure, photograph, or verify the contents of any consignment where reasonably necessary for operational, security, legal, customs, or safety purposes.

17. Customer Packaging Responsibility

The Customer warrants that all consignments are adequately packed, labelled, secured, and prepared for transportation.

The Courier shall not be liable for damage arising from inadequate packaging, insufficient protection, improper labelling, hidden defects in packaging, or fragile goods not declared as such.

18. Delivery & Proof of Delivery

Delivery shall be deemed complete when the consignment is delivered to the consignee, employee, representative, security guard, receptionist, warehouse personnel, or any person appearing to accept delivery at the delivery address.

Electronic signatures, photographs, GPS records, scanning records, or electronic proof of delivery shall constitute proof of delivery.

19. Electronic Communications

The Customer agrees that all notices, statements, invoices, quotations, proofs of delivery, and communications may be transmitted electronically.

Electronic records shall constitute prima facie evidence of their contents and delivery.

20. POPIA & Data Protection

The Courier shall process personal information in accordance with the Protection of Personal Information Act, 2013.

The Customer consents to the collection, processing, storage, and sharing of personal information where necessary for delivery operations, credit assessments, customer support, and legal or regulatory compliance.

21. Annual Rate Review

All rates, surcharges, fees, and charges are subject to review and adjustment annually with effect from 1 April each year, or at any other time where significant increases in operating costs, fuel costs, statutory charges, toll fees, or regulatory requirements occur.

22. Same-Day Delivery Terms

Same-day delivery services are conditional upon freight being received from the client or sender by no later than 07:00 on weekdays.

This service applies only to areas serviced on the same day directly from the Cape Town Hub and excludes all destinations within the Northern Cape region.

Same-day delivery is not guaranteed and OREC shall not be held liable for any losses of any nature suffered by the consignor or consignee due to delays or non-performance.

23. Quotes & Pricing

All quotes provided by OREC are estimates based on the information supplied by the person making the enquiry.

Final pricing remains subject to verification, including reweighing and remeasurement of the consignment. Pricing may increase or decrease depending on actual weight, dimensions, volumetric calculations, delivery area, or service requirements confirmed at the time of processing.

24. High-Risk Areas & Restricted Deliveries

For the safety of drivers, vehicles, and consignments, Outline & Regional Express Courier reserves the right to refuse, suspend, delay, or cancel collections and deliveries to identified high-risk areas, informal settlements, and certain township regions where there is an increased risk of hijacking, theft, civil unrest, violence, or damage to property.

Alternative delivery arrangements may be offered at management’s discretion, including collection from a nearby safe zone, depot, business address, or approved collection point.

Outline & Regional Express Courier shall not be held liable for delays, non-delivery, losses, or service interruptions resulting from operational restrictions related to safety and security risks.

25. Special Drive-Away Surcharge

Special drive-away deliveries requested outside of standard service routes or requiring dedicated vehicle dispatch will incur an additional surcharge charged at R6.50 per kilometre.

This surcharge is calculated based on the total travel distance required for the dedicated movement and is charged in addition to all normal freight, delivery, fuel, toll, and waybill charges applicable to the consignment.

26. Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

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