“the Courier / the Company ”shall mean Botswana Couriers (Pty) Ltd.
The “CARRIAGE” shall mean all forms of carriage and related activities undertaken by the COURIER on behalf of the clients.
The “the Client / the Customer ” shall mean the Party reflected on the waybill or the credit application as the sender of the goods.
The “WAYBILL” shall mean the courier’s official document containing the client’s instructions.
“GOODS” shall mean and include any documents, parcels or freight accepted for carriage by the COURIER.
“PROHIBITED ITEMS” means and includes all goods and materials, the Carriage of which is prohibited by any laws, rules and regulations applicable to the carriage, including but not limited to dangerous and hazardous, combustible or explosive materials, as well as drugs (cold chain), live or dead plants or animals, foods cosmetics, liquor, fine arts, antiques, precious metal, and stones, gold and silver in any form, and currency (paper or coins credit cards and travellers’ cheques, negotiable securities and certificates and any other negotiable items, material that could be considered.
The COURIER has the right to refuse to accept for carriage any goods without giving reasons for refusal. It is recorded that the COURIER is not a public or common carrier. Passports, visas and the like are transported at the clients own risk.
The COURIER will at its sole discretion select the methods of transportation and handling to be used in the CARRIAGE of the goods. The COURIER does not warrant that the CLIENT’s request as the “service option” or “special instructions” as detailed in the WAYBILL will result in any specific method of transportation of the goods being employed by the COURIER.
If the COURIER uses the services of a third party in respect of the transportation of the goods, only those conditions of carriage imposed by the third party which are more favorable to the CLIENT and are not less favorable to the COURIER than the conditions contained herein shall apply to the CARRIAGE by the nominated third party.
The COURIER’s charge for its services are set out in the COURIER’s official tariff document as revised from time to time. A copy of this document is available on request. Customs and other statutory payments made by the COURIER on behalf of the CLIENT including, but not limited to, import duty surcharge, or VAT shall be charged at cost of the CLIENT, and proof of expenditure shall be made available by the COURIER at the CLIENTS request.
The CLIENT agrees that;
Advance of funds Where the COURIER has provided funds to effect clearance, a minimum fee equivalent to 3% of the advanced sum will be charged with a minimum of P10,00. This will be invoiced to the receiver In the event that the receiver fails to pay the Courier, the Client shall on demand make such payment to the Courier.
Administration fee An administration fee will be charged for the fulfillment of customs formalities and documentation by the Consignee.
Import duties, VAT and all other related charges are payable on delivery. All other charges are payable 30 days from invoice date. The CLIENT is not entitled to any deduction and /or set off the COURIER shall have a lien on the goods and other goods of the client and on any document relating there to in the possession of the COURIER for any amount due and payable under this contract in addition to all legal fees and court costs and any other expenses incurred in recovering same the COURIER may enforce such lien in a its sole discretion including but not limited to sale of the Goods.
The COURIER is not responsible for any fulfillment of customs formalities and/or payment of costs in respect thereof. Nevertheless, to the extent that the COURIER may voluntarily assist in the fulfillment of customs formalities, such assistance will be rendered at t he sole risk and responsibility of the CLIENT who shall reimburse any damage incurred by the COURIER and indemnify the COURIER against and hold harmless from, any claims in respect thereof.
The company shall have a lien over all goods as security for all monies owing for the handling of goods.
In addition the company shall be entitled to hold all goods as security for any other monies which may be owing to it by the customer from any cause whatsoever.
Notwithstanding that credit was originally granted by the company to the customer the company may at any time at its sole discretion retain possession of any goods pending the discharge of all the customer’s indebtedness to the company whether or not such indebtedness is related to the handling of the goods in question.
If any monies owing to the company are not paid by the customer within 30 (thirty) days after they become due, the company shall be entitled without further, notice:
to levy interest at current bank rate.
to sell the whole or any part of the goods in such a manner and on such terms and conditions as it deems fit.
to apply the proceeds of any sale after deducting all expenses thereof in payment or reduction of any amount due by the customer to the company, provided that any surplus shall be paid over to the customer without interest immediately after the sale, if its address is known and if not, upon demand made by the customer within 90 (ninety) days of sale.
The COURIER’s tariff of charges is subject to review by the COURIER without prior notice to the CLIENT. Any variation or alteration to the courier’s tariff shall immediately be binding on the CLIENT.
The COURIER’s handling of goods shall not be influenced in any way by their contents or by the CLIENT’s declaration as to their contents, and the COURIER does not undertake to study or to be influenced by such declaration. The CLIENT is obliged to acquaint himself with regulations applicable to the CARRIAGE of dangerous or hazardous goods by air and to ensure that any goods subject to those regulations bear the required warning labels and are accompanied by the necessary declarations. The CLIENT’s declaration as to contents on the COURIER’s WAYBILL is not sufficient to discharge the CLIENT’s obligations in this regard. The CLIENT is cautioned to avoid tendering to the COURIER, parcels containing fragile or valuable goods, and should he do so, he is obliged to so pack and label his goods as to minimize the additional risk to which such items may be exposed. The CLIENT indemnifies the COURIER against any loss or damage (including consequential damages) arising form the CLIENT’s failure to observe the terms of this clause. Any loss or damage to be reported to Botswana Couriers (Pty) Ltd within 14 days, in writing and accompanied by all relevant supporting documentation. Any loss or damages reported after a 14 day period will be considered null.
The COURIER’s liability to the CLIENT in respect of GOODS in his care shall be limited to the direct loss suffered and shall not include any liability for any indirect damages or loss of production or loss of profit or any other consequential loss or damages.
Will terminate on bona fide delivery to the consignee nominated on the waybill.
Shall, if due to the negligence of any Botswana Couriers employee, be limited to P500,00 (five hundred pula) irrespective of the contents of the package. Botswana Couriers provides goods in transit insurance at a rate of 3% of the invoice value of the consignment. The insurance value column on the HAWB must be completed should additional cover be required prior to the movement of the shipment. All premiums shall be paid in full to the COURIER prior to transporting the goods. It is imperative that customers must make insurance arrangements with Botswana Couriers prior to shipping.
The COURIER shall not be liable for failure to fulfill its obligations if such failure is due to war, civil disobedience, industrial dispute, act of God or any other related event.
If the COURIER is unable for any reason to effect delivery of the goods, reasonable steps will be taken to return the goods forthwith to the CLIENT. The CLIENT shall be responsible for the cost of the carriage, any Customs Duties and VAT at the border posts, attempted delivery and return of the goods. If the COURIER is unable to effect return of the goods as a result of any fault on the CLIENT’s part, the COURER shall be entitled to sell the goods at a market related price so as to defray cost incurred by it after giving notice of such sale by registered post to the CLIENT.
The instruction from the CLIENT to the COURIER in respect of any carriage shall be made on the COURIER’s official WAYBILL form duly completed and tendered with goods. No other instructions, whether verbal or written, shall be binding on the COURIER. No employee of the COURIER is authorized to vary this condition.
The CLIENT shall remain responsible to the COURIER for all charges until they are paid. The COURIER shall not collect any monies at the time of delivery on behalf of the client and no employee of the COURIER is authorized to do so. All payments made by the client or any third party on behalf of the CLIENT shall be made free of any deduction or set off and shall be sent to the COURIER at its address chosen in number 23.
The CLIENT warrants that:
The GOODS are accurately described on the front side of the consignment and that the WAYBILL has been filled out correctly and completely.
The GOODS are adequately packed and addressed to enable delivery to place with ordinary care and handling.
The CLIENT has complied with all laws, rules and regulations regarding carriage.
The GOODS and/or the carriage thereof is not prohibited by government regulation.
If the customer is not the owner of any goods in respect of which it deals with it warrants that it is authorized by the owner to deal with such goods and it indemnifies the company against any claim of any nature made by the owner.
The CLIENT shall be liable for any unreasonable detention of the company’s vehicles, containers equipment or the like caused by the CLIENT (or owner) but the company’s rights against any other person remain unaffected especially due to false declaration of the contents of the shipment.
If any permit, consent or approval to handle goods is required under law, any by law or regulations, none of the company’s obligations or duties shall take effect unless and until it obtains the relevant permit, consent or approval.
The customer shall provide all assistance and information required by the company for the purpose of supplying for the obtaining of any such permit, consent or approval.
When carrying goods the company shall at its sole discretion decide what route to follow;
The company shall not be under any obligation to provide any plant, power or labor which in addition to its vehicle’s crew is required for the loading or unloading of any goods.
Any assistance given by the company in such loading or unloading shall be the sole risk of the customer.
The CLIENT hereby consents to the jurisdiction of the Magistrate’s Court in terms of section 28 of the Magistrate’s Court Act. No. 32 of 1994 as amended, for all claims that the COURIER may have against the CLIENT. This clause does not preclude the right of the COURIER to institute any action in the Supreme Court of Botswana, South Africa or any country where the shipment is delivered.
The parties choose as their domicillium citandi et executandi for the delivery of all court processes and any other notices hereunder, the address that appears on the WAYBILL.
This document represents the entire agreement between the parties.
This agreement constitutes the sole record of the agreement between the parties, No party shall be bound by any express or implied term, representation on, warranty, promise or the like not recorded herein.
No addition to, variation of, or agreed cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties.
No relaxation or indulgence which any party may grant to any other shall constitute a waiver or the rights of that party an shall not preclude that party from exercising any right which may have arise in the past or which may arise in the future.
No variations of these conditions shall be binding on the COURIER unless recorded in writing and accepted by the COURIER in writing.
