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STANDARD TRADING
TERMS & CONDITIONS OF
ARAMEX (PTY) LTD
1. INTERPRETATION
In these Terms and Conditions
1.1. "STORE-TO-DOOR COURIER” means a division of Aramex South Africa (Pty.) Limited (registration no.1998/011447/07)
1.2 "Customer" means the Shipper/ Customer /Prospective Customer / Owner / Consignee / Sender or their agent for the shipment goods or any person with whom contracts for the purpose of providing any advice, information or service;
1.3 "Goods" means any goods handled, transported or dealt with by STORE-TO-DOOR COURIER or on its behalf on the instructions of the Customer, and includes any container or other equipment used in connection with such goods;
1.4 "the Owner" means the owner of the Goods to which any business concluded under these Terms and Conditions relates and any other person having any interest therein.
1.5. “the Terms and Conditions” means the terms and conditions set out on this STORE-TO-DOOR COURIER Terms and Conditions page.
1.6 "Sub-contractor" shall mean any entity employed by STORE-TO-DOOR COURIER to render courier services alternatively aspects of courier service on behalf of STORE-TO-DOOR COURIER whether such service relates to road or air transportation and shall include any employment for a portion of any aspect of journey as well as any aspect related to the rendering of courier services generally.
1.7 "Third-Party" shall mean any person or entity not a party to this agreement.
1.8 “Consequential Losses” shall mean any and all losses suffered as a consequence of a service failure outside of STORE-TO-DOOR COURIER’s control, IRO, indirect loss/damages as well as financial loss, etc.
2. SERVICES AND DELIVERY TIMES2.1 All assertions concerning delivery times relate to working days. collections are at 15h00, Monday to Friday (Unless specified otherwise), delivery may take 24 to 72 hours by 17h00, destination dependant, Monday to Friday (working days). Next day: An economical, overnight delivery (ONP) to all Main Centre’s (Remote Outlying/ Regional areas may take longer than 72 hours as service frequency cannot be guaranteed at the time of the service dropping shipment off (Additional charges may apply.) All destinations within a 50km radius from each of the following areas is usually considered a main centre: Johannesburg, Pretoria, Polokwane, Rustenburg, Nelspruit, Vaal Triangle, Kimberley, Bloemfontein, Cape Town, George, Port Elizabeth, East London, Durban, Pietermaritzburg, Stellenbosch and Richards Bay. Any areas outside of a 50km radius from a main centre is considered an outlying/regional area. Delivery to an outlying/regional area may take longer depending on service frequency. (N.B. curtain areas are only serviced on specific days)
2.2 The Customer shall be deemed to have indemnified STORE-TO-DOOR COURIER against any losses; damages, expenses and any fines arising from any inaccuracy or omission due to any negligence on the part of the customer.
3. GENERAL STORE-TO-DOOR COURIER WEBSITE DISCLAIMERS3.1. PACKAGING DISCLAIMER The Customer of the goods warrants that all goods have been properly and sufficiently packed and / or prepared. The Shipper indemnifies STORE-TO-DOOR COURIER against all damage to the Shipper’s goods arising from the improper packaging of its goods. The Courier may reject collection, without refund, if items are not properly packaged.
3.1.1 One shipment equals one box or flyer, unless specified on the website that the shipment consist of more than one box or flyer. If the shipment consists of more than one box or flyer, another set of dimensions and weight must be filled in per piece and the client will be billed per piece; the maximum weight per piece will then be 30 kilograms. The limit of pieces per shipment is three. The total charge will consist of the charge per piece counted together.
3.1.2 Another set of dimensions and weight will only pop up if the shipment’s (consisting of a maximum of three pieces) collection address is the same for the whole shipment as well as the delivery address. If the client has more than one piece going to a different address, the client should start the website process again and fill the relevant fields.
3.2. INSURANCE
3.2.1 The company does offer or carry an all-inclusive R1,000.00 Marine GIT waybill cover for the Customer’s Goods. Kindly note that there is a R100.00 (vat inclusive) excess applicable to all insurance claims submitted. The marine GIT policy covers new goods for loss and damage only, and with second-hand goods, loss only. Clause 3.2.1 should be read in conjunction with Clause 3.4. Insurer policy terms and conditions apply.
3.2.2 Claim procedure and Time-Bar Any claim brough by the Customer against the Company in respect of its duties and liabilities must be notified by the Customer to the offices of the Company in writing within seven (7) days after delivery of the goods or the date when the good should have been delivered. Notwithstanding fulfilment of the notice required, the Company shall be discharged of all liability unless suit is brough and notice thereof given to the Company within nine (9) months after delivery of the goods or the date when the goods should have been delivered.
3.3. WEIGHT DISCREPANCY DISCLAIMER
We are relying on all customers being of good standing & are indeed acting with Honesty & Integrity when declaring the consignment weight in order for the service quote to generate, if discrepancies in weight is discovered after the fact any additional cost will be added to the client charge, which is due before or at the conclusion of the conveyance/service or release of the consignment take place. Actual weights of the individual shipment(s) will be based on the relevant STORE-TO-DOOR COURIER’ calculation for dimensional weight(s) where applicable. If there is and/or may be a discrepancy between the weight and/or dimensional weight that the customer or his/her representative at the time of placing the shipment(s) entered, STORE-TO-DOOR COURIER’ dimensional and/or actual weight calculation will always apply. If the STORE-TO-DOOR COURIER’ weight discrepancy calculation differs by more than R50 with the indicated weight/dimensional weight of customer, an additional charge would apply. In such cases/event(s), the customer acknowledges and accepts that they are liable for the outstanding payment difference. The customer will be charged the difference between the actual amount based on calculated weight and the online pre-paid check-out amount. Until full amount has been payed, the shipment(s) will remain in STORE-TO-DOOR COURIER possession. In the event that a customer misdeclared a shipment item in terms of weights and dimension where the items will require a special vehicle to do the collection or delivery – STORE-TO-DOOR COURIER reserves the right to refuse collection or delivery without refund.
3.4. PROHIBITED GOODS DISCLAIMER
3.4.1 STORE-TO-DOOR COURIER will not accept or deal with precious stones, jewellery, valuables, antiques, pictures, human remains, livestock or plants, framed pictures & framed commodities, cellphones, cellphone commodities, laptops, hair synthetic of otherwise, gaming consoles any liquids, food / frozen food, explosives, flammable solids (matches, certain batteries), radioactive materials, illegal substances, flammable gas (gas cylinders, lighter fuel, aerosols), oxidising substances (chlorine, peroxide), corrosives (instruments containing mercury, acids), flammable liquids (paint, petrol, thinners) or poisons (pesticides).
3.4.1.1 STORE-TO-DOOR COURIER reserves the right not to accept the following items (refer to disclaimer 3.1): televisions, furniture, kitchen appliances, boats, canopies, animals, cash, medication (incl. prescription), laptops, gaming consoles, watches, paint, perfumes, vehicle/bicycle tyres, educational degrees, governmental documents, solar panels, machinery, glass items, illegal substances, flowers, trees, livestock or monitors.
3.4.1.2 For security reasons we do not recommend sending gold or silver bullion, coins, cyanides, precipitates or any form of gold or silver ore, platinum and other metals, precious and semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities, stocks, bonds, un-cancelled postage or revenue stamps, blank or endorsed bank cashier’s cheques, money orders or travellers cheques, batteries or arms and ammunition.
3.4.2 The Customer shall obtain in advance STORE-TO-DOOR COURIERs' specific written consent to accept into its possession or control any Goods which may be or become dangerous, inflammable or noxious, or which by their nature may injure, damage, taint or contaminate, or in any way whatsoever adversely affect any person, goods or property. The Customer warrants that such Goods, or the case, crate, box, drum canister, tank, flat, pallet, package or other holder or covering of such Goods will comply with any applicable laws, regulations or requirements of any authority or carrier and that the nature and characteristics of such Goods and all other data required by such laws, regulations or requirements will be prominently and clearly marked on the outside cover of such Goods.
3.4.3 If any such Goods are delivered to STORE-TO-DOOR COURIER, whether or not in breach of the provisions of clause 3.4.1, STORE-TO-DOOR COURIER may destroy or otherwise deal with such Goods as it in its discretion deems fit at the risk and expense of the Customer. The Customer indemnifies STORE-TO-DOOR COURIER against all loss, liability or damage caused to STORE-TO-DOOR COURIER as a result of the tender of such Goods to STORE-TO-DOOR COURIER.
3.4.4 Without limiting or affecting any other provision of these Terms and Conditions, Goods (whether perishable or otherwise) in the care, custody or control of STORE-TO-DOOR COURIER may, at the Customer's expense, be sold or disposed of by STORE-TO-DOOR COURIER after giving notice to the Customer, sender, owner or consignee, if-
3.4.4.1 such Goods have begun to deteriorate or are likely to deteriorate;
3.4.4.2 such Goods are insufficiently addressed or marked;
3.4.4.3 the Customer cannot be identified;
3.4.4.4 the Goods have not been collected or accepted by the Customer or any other person after the expiration of 21 days from STORE-TO-DOOR COURIER notifying the Customer in writing to collect or accept such Goods.
4. CONSEQUENTIAL LOSS/DAMAGES EXCLUDED4.1 STORE-TO-DOOR COURIER shall not be liable, in any event, for any consequential loss or special damages or other indirect losses, as a result of any omission by STORE-TO-DOOR COURIER, its servants, sub-contractors, agents or independent third parties, however arising, whether or not STORE-TO-DOOR COURIER had knowledge that such damage might be incurred, including, but not limited to loss of income, profits, interest, utility or loss of market.
4.2 If a STORE-TO-DOOR COURIER customer buys form an online supplier whom chooses to use STORE-TO-DOOR COURIER as the courier (irrespective of who books the collection, whether it is the online shopper or the supplier), insurance must be indicated on the STORE-TO-DOOR COURIER website (on the website the insurance box must be ticked and the commercial value stipulated which would in turn be covered by an insurance levy). This must be done to ensure that the goods are covered, as the suppliers usually does not cover the GIT. If the company/customer chooses to use us –it is at their own risk and we do not take responsibility for incorrect packaging from the supplier’s side. STORE-TO-DOOR COURIER reserved the right to refuse refund, replacement or pay-out, if the above is not in order.
4.2.1 In the event of a second-hand item being shipped from an online store / brick and mortar store, STORE-TO-DOOR COURIER reserves the right to refuse refund / replacement as per clause 3.2.3.1.3 if the shipments are damaged when reaching the end-customer. No consequential loss/claim/settlement advise may be brought against STORE-TO-DOOR COURIER for damage to second hand items.
5. COLLECTION, DELIVERY AND WAREHOUSING5.1 All collection instructions of the Customer or agreed variations to those instructions, however given, shall be binding and subject to these Terms and Conditions.
5.2 Any waybill, air waybill, (copy or original) signed by the Customer or a third party engaged to transport the Goods and held by STORE-TO-DOOR COURIER shall be prima facie proof that delivery was made to the Customer.
5.3 If delivery of any Goods is not accepted by the Customer, consignee or party nominated by the Customer at the appropriate time and place then STORE-TO-DOOR COURIER shall be entitled to store the Goods at no risk to STORE-TO-DOOR COURIER and at the expense of the Customer and the provisions of clause 20.1 shall apply mutatis mutandis.
5.4 Pending forwarding and/or delivery by or on behalf of STORE-TO-DOOR COURIER, or if so required by the Customer, any Goods may be warehoused or otherwise held at any place as determined by STORE-TO-DOOR COURIER in its absolute discretion, at the Customer's risk and expense.
5.5 STORE-TO-DOOR COURIER reserves the right to refuse the goods upon collection, without refund, if the Courier Driver suspects prohibited goods. If the Customer fails to be available during the collection time window, the Courier Driver reserves the right to refuse collection without refund. In such an event, the customer is responsible to rebook the collection on their own expenses.
5.6 STORE-TO-DOOR COURIER reserves the right to refuse collections or deliveries to or from government departments, casinos, schools, mines, airports, embassies, universities, retail stores or online shopping pick-up/drop-off points, without refund. STORE-TO-DOOR COURIER also reserves the right to refuse collections from chain stores and distribution centres unless the collection is from the reception or front of store, without refund.
5.7 “The sender” is the party whom is billed for the service & the parcel is collected from. If/When the sender did not print the waybill to accompany the parcel, the courier has the right to reject the parcel collection up to two times. If the waybill is still not printed after the second collection attempt, the Courier reserves the right to refuse collection without refund.
6. SPECIAL GOODS AND GOOD'S REQUIRING STORE-TO-DOOR COURIER’S CONSENT6.1 Except under special arrangements previously made in writing, STORE-TO-DOOR COURIER will not accept or deal with bullion, coin, precious stones, jewellery, valuables, antiques, pictures, human remains, livestock or plants, Cell phones & Cell phone commodities.
6.2 The Customer shall obtain in advance STORE-TO-DOOR COURIER’ specific written consent to accept into its possession or control any Goods which may be or become dangerous, inflammable or noxious, or which by their nature may injure, damage, taint or contaminate, or in any way whatsoever adversely affect any person, goods or property. The Customer warrants that such Goods, or the case, crate, box, drum canister, tank, flat, pallet, package or other holder or covering of such Goods will comply with any applicable laws, regulations or requirements of any authority or carrier and that the nature and characteristics of such Goods and all other data required by such laws, regulations or requirements will be prominently and clearly marked on the outside cover of such Goods.
6.3 If any such Goods are delivered to STORE-TO-DOOR COURIER, whether or not in breach of the provisions of clause 3.1, Digital Box Digital may destroy or otherwise deal with such Goods as it in its discretion deems fit at the risk and expense of the Customer. The Customer indemnifies STORE-TO-DOOR COURIER against all loss, liability or damage caused to STORE-TO-DOOR COURIER as a result of the tender of such Goods to STORE-TO-DOOR COURIER.
7. EXAMINATION OF LANDED GOODS7.1 Where it is necessary for an examination to be held or other action to be taken by STORE-TO-DOOR COURIER in respect of any discrepancy in the Goods which are landed or discharged from any vehicle, vessel or aircraft, no responsibility shall attach to STORE-TO-DOOR COURIER for any failure to hold such examination or to take any other action unless STORE-TO-DOOR COURIER has been timeously advised by the landing or discharging agent that such Goods have been landed and that such a discrepancy exists.
7.2 STORE-TO-DOOR COURIER will not be responsible for examining or counting any Goods received by it where such Goods are bundled, palletised or packed in any manner such that their number cannot be quickly and easily counted. Should STORE-TO-DOOR COURIER undertake to count Goods so received, it shall incur no liability in respect of any error or inaccuracy in such counting, whether such error or inaccuracy is the result of negligence on the part of STORE-TO-DOOR COURIER or otherwise. STORE-TO-DOOR COURIER shall be entitled to levy a charge on the Customer for the counting of Goods in such circumstances.
8. CUSTOMER'S UNDERTAKINGS8.1 The Customer undertakes to inform STORE-TO-DOOR COURIER in writing within 7 days of any change of, Member, Shareholder, Owner or Partner or address, or 14 days prior to selling or alienating the Customer's business, and failure to do so will constitute a material breach of the Customer's obligations in terms hereof. Upon receipt of such written notification, STORE-TO-DOOR COURIER reserves the right, at its sole discretion, to withdraw any credit facility advanced to the Customer.
8.2 The Customer warrants that
8.2.1 it is either the owner or the authorised agent of the owner of any Goods in respect of which the Customer instructs STORE-TO-DOOR COURIER;
8.2.2 the owner, sender or consignee (if not the Customer) is bound by these Terms and Conditions for itself and its agents and for any parties on whose behalf it or its agents may act;
8.2.3 all information and instructions supplied or to be supplied by it to STORE-TO-DOOR COURIER is and shall be accurate, true and comprehensive, and indemnifies STORE-TO-DOOR COURIER against all claims, losses penalties, damages, expenses and fines arising as a result of a breach of the afore going;
8.2.4 all Goods will be properly, adequately and appropriately prepared and packed, stowed, labelled and marked;
9. TIME OF THE ESSENCETime is of the essence for the performance by the Customer of all obligations owed to STORE-TO-DOOR COURIER in terms of any agreement which is governed by these Terms and Conditions.
10. STORE-TO-DOOR COURIER’S DISCRETION10.1 - In the absence of specific instructions given timeously in writing by the Customer to STORE-TO-DOOR COURIER, STORE-TO-DOOR COURIER shall have the discretion to decide when and how to discharge its obligations to the Customer.
10.2 - In all cases where there is a choice of tariff rates or premiums offered by any carrier, warehouseman, underwriter, or other person then, depending on the declared value of the relevant Goods or the extent of the liability assumed by the carrier, warehouseman, underwriter or other person, it shall be in the discretion of STORE-TO-DOOR COURIER as to what declaration, if any, shall be made, and what liability, if any, shall be imposed on the carrier, warehouseman, underwriter or other person.
11. PRINCIPAL AND AGENT11.1 Unless otherwise agreed in writing STORE-TO-DOOR COURIER, in procuring the carriage, storage, packing or handling of Goods shall be entitled to act either as an agent for and on behalf of the Customer or as a principal, as it in its absolute discretion deems fit.
11.1.1 Unless otherwise agreed in writing, STORE-TO-DOOR COURIER, when acting as agent for and on behalf of the Customer, shall be entitled to enter into any contract it reasonably deems necessary or requisite for the fulfilment of the Customer's instructions and such contract will be binding on the Customer.
12. FIATA COMBINED TRANSPORT BILL OF LADINGSTORE-TO-DOOR COURIER shall be entitled to issue, in respect of the whole or part of any contract for the movement of Goods, a FIATA combined transport bill of lading ("FBL"). In that case, these Terms and Conditions shall continue to apply except insofar as they conflict with the conditions applicable to the FBL and STORE-TO-DOOR COURIER shall be entitled to raise an additional charge to cover its additional obligations arising under the FBL.
13. EXCLUSION OF OBLIGATIONS OF COMMON OR PUBLIC CARRIERSTORE-TO-DOOR COURIER deals with Goods only on the basis that it is neither a common carrier nor a public carrier.
14. NO WARRANTIESSTORE-TO-DOOR COURIER makes no warranties or representations to the Customer save as may be specifically provided herein or as notified in writing by STORE-TO-DOOR COURIER to the Customer from time to time.
15. LIMITATION OF LIABILITY15.1 Under no circumstances shall STORE-TO-DOOR COURIER or any of its affiliates, subsidiaries, directors, servants, agents or employees be liable for any consequential damages including loss of profits or for any negligence apart from any gross negligence, on the part of STORE-TO-DOOR COURIER.
15.2 Other liability will be limited to the Airway Bill as per the Warsaw Convention (Air transport) or the Bill of Lading (Ocean transport).
16. PRICES16.1 The Customer agrees to the Standard Rates of STORE-TO-DOOR COURIER for the respective services rendered by STORE-TO-DOOR COURIER, which rates may be obtained on request, and which may after notice has been provided to the customer be subject to increase from time to time in the event of the costs incurred by STORE-TO-DOOR COURIER (including statutory charges) being increased.
16.2 If the Customer disputes the amount of any increase in STORE-TO-DOOR COURIER's charges over the amount quoted by STORE-TO-DOOR COURIER, any independent auditor jointly elected by STORE-TO-DOOR COURIER and the Customer may certify the amount of the increase and such certificate shall be final and binding on the Customer.
16.3 The Customer will be liable under all circumstances for any taxes, imposts, levies, deposits or other charges levied by the authorities, intermediaries or other parties at any port or place for or in connection with the Goods, and for any payments, fines, penalties, expenses, loss or damage or whatsoever incurred or sustained by STORE-TO-DOOR COURIER in fulfilling its instruction.
16.4 The Customer will remain liable for the full and correct amount of any charge or fee whatsoever notwithstanding incorrect invoicing by STORE-TO-DOOR COURIER
17. PAYMENT AND CREDIT17.1 The Customer agrees that the amount contained in a Tax Invoice issued by STORE-TO-DOOR COURIER shall be due and payable unconditionally cash on order or, if the Customer is a Credit Approved Customer, within 30 days from the end of the month in which a Tax Invoice has been issued by STORE-TO-DOOR COURIER.
17.2 The Customer has no right to withhold payment (or to set off any amount due by it to STORE-TO-DOOR COURIER against any amount owed to it by STORE-TO-DOOR COURIER) for any reason whatsoever and agrees that it shall not be entitled to any extension of time for payment of any amount unless so agreed by STORE-TO-DOOR COURIER in writing.
17.3 The risk of payment by cheque through the post rests with the Customer.
17.4 The Customer agrees that the amount due and payable to STORE-TO-DOOR COURIER may be determined and proven by a certificate issued and signed by any director or manager of STORE-TO-DOOR COURIER, whose authority need not be proved, or by any independent auditor. Such certificate shall be binding and shall be prima facie proof of the indebtedness of the Customer.
17.5 The Customer expressly agrees that no debt owed to STORE-TO-DOOR COURIER by the Customer shall become prescribed before the passing of a period of 6 years from the date the debt falls due.
17.6 A Credit Approved Customer will forthwith lose such approval when payment is not made within the period referred to in 16.1 and all amounts then outstanding shall immediately become due and payable.
17.7 STORE-TO-DOOR COURIER shall be entitled to withdraw credit facilities at any time within its sole discretion.
17.8 In the event where the Customer nominates a third party as debtor, and the third-party declines to settle STORE-TO-DOOR COURIER's charges, the Customer shall remain liable for these charges.
17.9 The Customer hereby consents to the storage and use by STORE-TO-DOOR COURIER of the personal information that it has provided to STORE-TO-DOOR COURIER for establishing its credit rating and to STORE-TO-DOOR COURIER disclosing such information to credit control companies, banks and other institutions involved in rating credit. The Customer agrees that STORE-TO-DOOR COURIER will not be held liable for the disclosure in good faith of any of this information to such third parties and that no further specific consent needs to be obtained for the transfer of such information to a specific third party.
17.10 “The Customer hereby consents (a) to STORE-TO-DOOR COURIER transmitting data about this application as well as the opening of the relevant account and the termination thereof to any credit bureau; (b) to STORE-TO-DOOR COURIER transmitting to any credit bureau any information pertaining to the Customer’s non-compliance or otherwise with these terms and conditions; (c) to any credit bureau providing STORE-TO-DOOR COURIER with a report on the Customer’s credit profile and a credit score on its credit worthiness for purposes of credit assessment and any other prescribed purposes”
18. DISCOUNTSSTORE-TO-DOOR COURIER is entitled to the benefit of any discounts obtained and to retain and be paid all brokerages, commissions, allowances and other remuneration of whatsoever nature and kind and shall not be obliged to disclose or account to the Customer or any other person for any such amounts received or receivable by it.
19. STORE-TO-DOOR COURIER'S LIEN19.1 All Goods and documents relating to Goods, including bills of lading and import permits, as well as all refunds, repayments, claims and other recoveries, shall be subject to a lien and pledge either for monies due in respect of such Goods or for other monies due to STORE-TO-DOOR COURIER from the Customer, sender, owner, consignee, importer or the holder of the bill of lading or their agents, if any, for present and past debts.
19.2 STORE-TO-DOOR COURIER shall be entitled, without first obtaining an order of court, to sell all or any of the Goods by public auction or, on reasonable notice not exceeding 14 days, by private treaty in order to recover monies due to it from the Customer.
19.3 - UNDELIVERED GOODS, notwithstanding clause 19.2, STORE-TO-DOOR COURIER is herewith indemnified by the customer in terms of any and all undelivered goods, and said goods may be disposed/destroyed or sold if held for 6months or longer and if and when STORE-TO-DOOR COURIER has followed the following processes in relation to the service/product:
19.3.1 STORE-TO-DOOR COURIER has documented and attempted 2(two) times to deliver said goods to no avail.
19.3.2 STORE-TO-DOOR COURIER has documented and attempted to make reasonable contact with both the sender and the receiver to no avail. If the aforementioned processes were followed with the goods that have associated waybills, then no claim may be brought against STORE-TO-DOOR COURIER in terms of said goods
20. FORCE MAJEURESTORE-TO-DOOR COURIER shall not, subject to these Terms and Conditions, be responsible for or liable for any delay or non-performance of its obligations in terms hereof directly caused or resulting from force majeure.
21. DISPUTES AND BREACH21.1 If a Party (“Defaulting Party”) commits any breach of this Agreement and fails to remedy such breach within 10 (ten) business days (“Notice Period”) of written notice requiring the breach to be remedied then the party giving the notice (“Aggrieved Party”) will be entitled, as its option-.
21.1.1 to claim immediate specific performance of any of the Defaulting Party’s obligations under this Agreement, with or without claiming damages, whether or not such obligations has fallen due for performance and to require the Defaulting Party to provide security to the satisfaction of the Aggrieved Party for the Defaulting Parties obligations; or
21.1.2 to cancel this Agreement, with or without claiming damages, in which case written notice of the cancellation shall be given to the Defaulting Party, and the cancellation shall take effect on the giving of the notice. Neither Party shall be entitled to be a material breach if-
21.1.2.1 it is capable of being remedied or is not remedied within the Notice Period;
21.1.2.2 it is incapable of being remedied or is not remedied within the Notice Period, and payment in money will compensate for such breach but such payment is not made within the Notice Period
21.2 The Parties agree that any costs award will be recoverable on an attorney-and-own-client scale unless the Court specifically determines that such scale shall not apply, in which event the costs will be recoverable in accordance with the High Court tariff, determined on an attorney-and-client scale.
21.3 The Aggrieved Party’s remedies in terms of this clause are without prejudice to any other remedies to which the Aggrieved Party may be entitled in law
22. NOTICES22.1 Any document shall be deemed duly presented to and accepted by the Customer-
22.1.1 within 3 days of prepaid registered mail to any of the Customer's business or postal addresses or to the personal address of any director, member or owner of the Customer; or
22.1.2 on being delivered by hand to the Customer or any director, member or owner of the Customer; or
22.1.3 within 24 hours of being emailed to any email address provided by the Customer.
22.2 The Customer chooses the address given by it in STORE-TO-DOOR COURIER's "Customer Application and Suretyship" form completed and signed by it (or such other address as it may advise from time to time in terms of 6.1) as its address for any notification or service of legal documents or processes (domicilium citandi et executandi) for all purposes in terms hereof.
23. ASSIGNMENT TO GROUP COMPANIES AND SUBCONTRACTING23.1 STORE-TO-DOOR COURIER may, at its election, render any service itself or procure that its holding company, or any other subsidiary of its holding company, renders such service upon and subject to the Terms and Conditions contained herein which shall apply mutatis mutandis to the Customer and such holding company or such subsidiary.
23.2 Any business entrusted by the Customer to STORE-TO-DOOR COURIER may, in the absolute discretion of STORE-TO-DOOR COURIER, be fulfilled by STORE-TO-DOOR COURIER itself, by its own servants performing part or all of the relevant services, or by STORE-TO-DOOR COURIER employing, or entrusting the Goods or services to third parties on such conditions as may be stipulated by, or negotiated with, such third parties or the purposes of such services, or such part thereof as they may be employed to carry out.
23.3 Where STORE-TO-DOOR COURIER employs third parties to perform all or any of the functions which it has agreed to perform, the Customer agrees that STORE-TO-DOOR COURIER shall have no responsibility or liability to the Customer for any act or omission of such third party, even though STORE-TO-DOOR COURIER may be responsible for the payment of such third party's charges.
23.4 Notwithstanding anything to the contrary contained herein, the Customer agrees that all Goods shall be dealt with by STORE-TO-DOOR COURIER on the terms and conditions, whether or not inconsistent with these Terms and Conditions, stipulated by the carriers, warehousemen, government departments, and all other parties (whether acting as agents or subcontractors to STORE-TO-DOOR COURIER or not) into whose possession or custody the Goods may pass, or subject to whose authority they may at any time be.
24. BINDING AGREEMENT24.1 These Terms and Conditions will only be deemed to constitute an agreement between STORE-TO-DOOR COURIER and the Customer when accepted and signed by both parties.
24.2 Any order by the Customer only becomes final and binding on receipt and acceptance of such order by STORE-TO-DOOR COURIER.
25. SURETYSHIPThe Customer's signatory hereby binds himself/herself in his/her personal capacity in favour of STORE-TO-DOOR COURIER as surety for, and co-principal debtor with, the Customer for the due performance by the Customer of all of its obligations to STORE-TO-DOOR COURIER in terms hereof. Such signatory hereby further waives the benefit of the legal exceptions of excussion, division, cession of actions and non causa debiti and declares that he/she knows and understands the meaning and effect of such renunciation.
26. GENERAL26.1 If any provision of these Terms and Conditions is unenforceable, then STORE-TO-DOOR COURIER shall be entitled to elect (which election may be made at any time) that such provision shall be severed from the remaining provisions of these Terms and Conditions which shall not be affected and shall remain of full force and effect.
26.2 No variation of these Terms and Conditions shall be binding on STORE-TO-DOOR COURIER unless embodied in a written document signed by a duly authorised director of STORE-TO-DOOR COURIER.
26.3 No extension of time or waiver or relaxation of any of the Terms and Conditions shall operate as an estoppel against any party, nor shall it operate so as to preclude such party thereafter from exercising its rights strictly in accordance with these Terms and Conditions.
27. COPY RIGHTThe contents of the STORE-TO-DOOR COURIER Website, including any software, icons, text, links, graphics, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright, patent and trade mark law, and remain the property of STORE-TO-DOOR COURIER. Any unauthorised use of the contents, information or materials on the STORE-TO-DOOR COURIER Website is prohibited.
28. REGISTRATION AND USE OF THE WEBSITE28.1 To register as a user, the Customer must provide a unique username and password and provide certain information and personal details to STORE-TO-DOOR COURIER. This does not apply to one-time users of the website.
28.2 The Customer agree and warrant that their username and password shall:
28.2.1 be used for personal use only; and
28.2.2 not be disclosed by you to any third party.
28.3 For security purposes the Customer agree to enter the correct username and password whenever using STORE-TO-DOOR COURIER services, failing which the Customer will be denied access.
28.4 The Customer concur that, once the right username and password identifying with their account have been entered, regardless of whether the utilization of the username and password is unapproved or fraudulent, the Customer will be liable for payment of such request, as per these Terms and Conditions.
28.5 The Customer consent to inform STORE-TO-DOOR COURIER promptly upon becoming aware of any unapproved access to or utilization of their username and password and to find a way to alleviate any resultant misfortune or mischief.
28.6 The Customer consent that they will not in any capacity utilize any device, software or other instrument to interfere or endeavor to interfere with the proper working of the Website. Furthermore, the Customer consent that they will not in any capacity utilize any robot, spider, other automatic device, or manual procedure to monitor, copy, distribute or modify the Website or the data contained thus, without the prior consent from an authorised STORE-TO-DOOR COURIER representative (such consent is regarded given for standard search engine technology employed by Internet search websites to direct Internet users to this Website). The Customer may not utilize the Website to distribute material which is disparaging, offensive, contains or sums to hate speech or is generally unlawful.
28.7 The Customer may not at all display, distribute, duplicate, print, post or generally utilize the Website or potentially the data contained in that without the express or consent of an approved STORE-TO-DOOR COURIER delegate.
