Conditions of Carriage
Unifreight Africa Limited set out hereunder the Conditions of Carriage which will apply in respect of any carriage or any other services rendered by it and/or its duly authorised agent in respect of any freight or goods of any nature whatsoever delivered to it and/or received by it for purposes of carriage of any nature whatsoever. For avoidance of doubt it is placed on record that the undermentioned Conditions of Carriage apply in respect of any service of any nature whatsoever rendered by Unifreight Africa Limited.
1. DEFINITIONS
In these Conditions of Carriage (hereinafter called ‘these conditions’) unless inconsistent with the context the following words, phrases and terms shall have the following meanings assigned to them:
Clause headings in these conditions are for convenience only and shall in no way affect the construction thereof.
‘The Company’ means Unifreight Africa Limited and includes the Company’s employees and agents.
‘Consignment’ means the goods contained in one or more bundle, case, parcel or package sent or consigned at any one time by one consignor from one address to one consignment note or, in the case of goods despatched, bulk goods which are sent at one time from one address by one consignor to one address on one consignment note. Where the consignor is not the owner of the goods he shall be deemed to be the agent of the owner thereof.
‘Consignment Note’ means a written contract on such forms as are prescribed by the Company legibly filled in and signed by the sender or some authorised person on his behalf. The consignment note must clearly show, the date of despatch, a description of the goods consigned, gross weight of each commodity, name and address of the sender and consignee and place of destination. It must state clearly the full name and address of the Firm/Company/Individual who it is to pay the charges and NO abbreviations should be used.
‘Contract’ means the Contract of Carriage entered into by the sender in terms of these conditions.
‘Dangerous Goods’ means any goods which are specified in an statutory instrument, regulation or any other enactment of the Government of Zimbabwe as being dangerous, hazardous or inherently unsafe for packing, handling or transportation by the National Railways of Zimbabwe or by any other means of transportation or such goods which although not specified therein are not in the opinion of the Company acceptable for packing handling or transportation at the entire unfettered discretion of the Company.
‘Domestic Freight’ means only that freight which is being carried from a point within Zimbabwe to another point in Zimbabwe and does not include freight that is in the process of being imported from or exported to any point outside Zimbabwe.
‘International Freight’ means any freight which is being carried:
From any point within Zimbabwe to any point outside Zimbabwe whether or not such freight is being consigned via the premises of any agent within Zimbabwe;
From any point outside Zimbabwe to any point within Zimbabwe whether or not such freight is being consigned via the premises of any agent within Zimbabwe;
From any point outside Zimbabwe, through Zimbabwe, to any other point outside Zimbabwe, whether or not such freight is being consigned via the premises of any agent within Zimbabwe.
‘Merchandise’ shall have its ordinary meaning and shall in addition include any article, bundle, case, parcel or package including the contents thereof, whether or not for sale or re-sale.
‘Perishable Goods’ means anything, goods or merchandise liable to decay or deterioration such as fish, fruit, vegetables, plants, bread and cakes, meat, butter margarine, milk and eggs and shall include all live animals, birds and reptiles, including animal and reptile skins.
‘Sender’ shall mean any person requiring the services of the Company in terms of these conditions and, without prejudice to the generality thereof, shall include any legal persona, sending or receiving or desiring to send or receive merchandise of any description whatsoever by way of the services of the Company.
2. CONDITIONS OF ACCEPTANCE
The Company will accept goods for carriage only in terms of these conditions and only insofar as facilities are available and/or road conditions permit, or which the Company shall be the sole judge.
3. CONSIGNMENT NOTES
Every consignment of merchandise shall, except as otherwise arranged, be accompanied by a consignment note completed by the Consignor or an authorised agent in such form and containing such particulars as the Company may from time to time require. The Company shall, if so required, sign a copy of such consignment note acknowledging receipt of the consignment but no such document shall be evidence of the condition or of the correctness of the declared nature, content, weight or value of the consignment at the time that is received by the Company or that any article, bundle, case, parcel or package forming the consignment or any part of the consignment is sufficiently or properly packed, marked directed, addressed or described.
4. NON LIABILITY OF THE COMPANY
All services and carriage rendered by the Company in terms of these conditions shall be at the risk of the sender which shall mean that the Company shall not be liable for any loss of any nature whatsoever which the sender may suffer as a result of any cause whatsoever, it is specifically recorded without prejudice to the generality thereof that the sender acknowledges that the transport and/or storing of merchandise and/or any other service undertaken by the Company for the sender in terms of these conditions shall be undertaken on the specific condition that the Company shall not be liable for any damage, shortage or delay due to or caused by any negligence, whether gross or otherwise, on the part of the Company or its employees or its agents or its assigns or from any other cause whatsoever. Furthermore if, notwithstanding the provisions hereof, any absolute or strict liability may be deemed to arise at any time against the Company as a carrier under the common law prevailing in Zimbabwe any such liability is in terms hereof explicitly excluded in respect of any service or carriage of goods provided or rendered by the Company.
5. GOODS CONSIGNED TO PLACES BEYOND THE COMPANY’S NORMAL LIMITS OF DELIVERY
In the event of merchandise consigned to places beyond the normal limits of the Company’s own conveyance or ordinary delivery, the Company will not be responsible for loss, damage, and detention or otherwise, in respect of such merchandise beyond such limits. The Contract will be considered complete when the merchandise arrives at the station, wharf or other depot or the appointed or accredited agency to which the Company sends the merchandise, where it will be at owners’ risk and any money which the Company may receive as payment for the conveyance of merchandise beyond such limits whether it is received as a separate sum or as part of a through rate shall be so received only for the convenience of the sender, and for the purpose of being paid to the carrier handling the goods beyond such limits. This condition shall apply in all circumstances and notwithstanding that the merchandise may be addressed through to destination.
6. SPECIAL RISKS
The Company reserves the right not to accept the under mentioned classes of merchandise for carriage at its sole unfettered discretion.
Perishable merchandise.
Merchandise which is not packed or is contained or wrapped in paper or similar material or which in the opinion of the Company is not securely packed, protected or addressed to ensure safe delivery or which appears to be damaged or defective.
Merchandise consigned to places beyond the normal limits of the Company’s own conveyance or ordinary delivery or where the Company does not have a resident staff or depot or accredited or appointed agents.
Fragile and delicate merchandise, in particular glassware, crockery, electrical equipment, pianos, porcelain, china, earthenware articles, cameras, wireless sets, television sets and television tubes, tape recorders, office machine, objects d’art silverware, pictures, ornaments and jewellery.
Baggage and personal effects.
Uncrated merchandise including sewing machines, refrigerators, stoves, deep freezes, engines and machinery, cycles, scooters, motor cycles, multi wheeled motor vehicle and boats.
Household furniture and effects and office furniture
Asbestos sheets or mouldings and cast iron articles.
Acid in jars, carboys or plastic containers, liquids in tins or drums, bottles or plastic containers, merchandise contained in paper plastic or hessian bags.
All items of international Freight.
7. LIMITATION OF LIABILITY
Notwithstanding that all services rendered in terms of these conditions of service are entirely at the risk of the sender, in the event that if for any reason whatsoever the Company is found to be liable in any circumstances whatsoever to the sender, then such liability shall be limited to:
In the case of Domestic Freight and where the loss, how so ever sustained, is in respect of the whole consignment, the sum of $250.00 per tonne of the gross mass of the consignment, and pro rata for any part of a tonne, of the goods lost or damaged;
In the case of Domestic Freight and where the loss, however sustained is in respect of part of a consignment, the proportion of the sum calculated in accordance with the sub-clause above which the actual value of the part of the consignment bears to the actual value of the whole consignment;
In the case of International Freight and were the loss, howsoever sustained, is in respect of the whole consignment, to the sum of $250.00 per tonne of the gross mass of the consignment and pro rata for any part of a tonne, of the goods lost or damaged;
In the case of International Freight and where the loss, howsoever sustained, is in respect of part of a consignment the proportion of the sum calculated in accordance with sub-clause above which the actual value of that part of the consignment.
8. INSURANCE
It is recorded that the Company does not provide insurance for any of its services rendered in terms hereof for the sender. In the event that the sender requires any insurance as an indemnity for any of the services rendered by the Company in terms of these conditions, then the Company, if so requested by the sender, may provide such insurance through and subject to the conditions contained in ‘Action Cover’, the Company’s In Transit Insurance Scheme. Such insurance shall be governed solely by the conditions of that scheme and shall be taken out at the sole risk of the sender which shall be liable for the payment of all premium in respect of such insurance.
9. PERIOD OF TRANSIT
Transit shall commence when the Company takes possession of the consignment, whether at a point of collection or at the Company’s place of business.
Transit shall (unless otherwise previously determined) be deemed to be at an end;
In the case of merchandise to be delivered by the Company when it is tendered at the usual place of business of the consignee; or
When the consignee is advised that the merchandise has arrived at the Depot or Sub-depot and is awaiting collection; or
In the case of merchandise not being delivered by the Company or to be retained by the Company awaiting order:
at the expiration of one clear day after notice of arrival in writing is sent to the address of the sender, or
where the address of the sender of consignee are not known, at the expiration of the clear day after the arrival of the merchandise at the place which it was consigned.
10. TIME LIMITS FOR COMPLAINTS
Notwithstanding that all services rendered by the Company in terms of these conditions are entirely at sender’s risk, in the event that the sender wishes the Company to investigate the undermentioned occurrences, the Company shall only do so if it is notified of any such occurrences within the periods prescribed hereunder;
Loss of or from a parcel, package or container or from an unpacked consignment or where damage has occurred to a consignment or where damage has occurred to a consignment or any part of a consignment shall be notified by the sender to the Company in writing within seven days after the termination of the transit in terms of Clause 9 hereof.
Loss, misdelivery or non-delivery of the whole of a consignment or of any separate parcel, package or container forming part of a consignment, shall be notified by the sender to the Company in writing within twenty days after the commencement of the transit in terms of Clause 9 hereof.
11. WAREHOUSING
After the termination of transit as defined by Clause 9 of these conditions, unless otherwise agreed in writing, the Company will hold the merchandise as warehousemen, subject to charges for warehousing and to the condition that the Company will not be liable for loss, misdelivery or detention of or damage to:
Merchandise not properly protected by packing, except upon proof that such loss, misdelivery or detention or damage arose from the wilful misconduct of the Company or its employees and would have been suffered if the merchandise has been properly protected by packing;
Merchandise which has arrived at the destination or depot and for which the Company gave notice that it has not suitable accommodation; b y whomsoever such loss, misdelivery or detention or damage may be caused and whether occasioned by neglect or otherwise, provided that this condition shall not relieve the Company from any liability the Company may otherwise incur under these Conditions in the unloading of the merchandise.
12. UNDELIVERED OR UNCLAIMED
Where the Company is unable for any reason to deliver a consignment to the consignee or as he may order, the Company may sell the goods and payment or tender of the proceeds, after deduction of all proper charges and expenses in relation to the carriage and storage of the goods. Prior to exercising such right the Company shall address a letter to the last known address of the sender and the consignee giving to the sender and to the consignee a period of thirty day in which to object to such right being exercised. If no objection is lodged then the Company may proceed to exercise the aforesaid right and shall be under no further obligation to deliver. If an objection is lodged as a result thereof the Company is able to deliver, it shall complete the delivery in terms of the contract entered into in terms of these conditions, if an objection is lodged but does not provide such information as is necessary for the Company to be able to deliver, then the Company may exercise the right contained herein.
13. COMPANY’S LIEN
Merchandise delivered to the Company will be received and held by the Company subject to:
A lien for monies due to the Company for the carriage, warehousing and other charges and expenses upon or in connection with such merchandise; and
A general lien for any monies or charges due to the company from the owners of such merchandise for any services rendered or accommodation provided in relation to the carriage or custody or merchandise.
If in any case a lien is not satisfied within thirty days from the date upon which the Company first gave notice of the exercise Company’s lien to the owners of the merchandise, the merchandise may be sold and the proceeds of the sale applied in or towards the satisfaction of every such lien and all proper charges and expenses in relation thereto and the Company shall account to the owners of the merchandise for any surplus. The general lien conferred by this condition shall not prejudice an unpaid senders’ right of stoppage in transit that any notice of such stoppage in transit is received by the Company before the Company has despatch a notice to the owners of the merchandise that such merchandise is being held by the Company to satisfy a particular and/or general lien.
14. COLLECTION AND DELIVERY
When collection or delivery takes place at the sender’s premises the place of collection or delivery shall be the usual place (provided that such place is not in any case within a building on the senders premises) of loading or unloading of merchandise into or from the road vehicle, but the Company shall not be under obligation to provide any plant, power and/or labour, which may been required for loading or unloading at such premises. The liability of the Company shall commence with the acceptance of goods onto a vehicle when loaded and shall cease at the point of unloading where goods leave the vehicle. Nothing in this condition shall prevent Company or its employees’ upon the application of the sender of his employees from giving assistance beyond the usual place of delivery but such assistance shall be at sole risk and expense of the sender.
15. MERCHANISE REQUIRING SPECIAL APPLIACANCES
Merchandise requiring special appliances can only be accepted for conveyance on condition that the sender had duly ascertained from the consignee that such appliances are available, for unloading from the vehicle, if such special appliances are not immediate available when the merchandise is tendered for delivery the sender shall be liable for all additional costs (including loss of use) incurred by the detention or delay of the vehicle and its crew occasioned thereby.
16. DELIVERY WHERE NO SERVICEABLE ROAD AVAILABLE
Where there is no serviceable road or adequate approach to the consignees premises for the delivery of merchandise, notice of arrival of the merchandise at the Company’s premises or depot will be given to the consignee by the most expeditious means, delivery will be deemed to be complete at the expiration of the one clear day after despatch to the consignee of such notice.
17. DAMAGE TO PROPERTY ON COLLECTION OR DELIVERY
The Company shall not when collecting or delivering goods at the premises of the consignor be liable for damage to private roadways, mains, pipes, manholes, weighbridges, bridges or approaches to such premises, caused by the weight of the vehicle and the load and the nature of the goods carried unless the damage is proved to have been caused by the negligence of the Company or its employees.
18. UNREASONABLE DETENTION/DEMURRAGE
The sender shall be liable for the cost of reasonable detention of any vehicle trailer container or sheet but the right of the Company against any other person in respect thereof shall remain unaffected. In the event of any vehicle or trailer being delayed for a period in excess of ten (10) hours from the time of arrival at the point of delivery or collection, the Company shall be entitle to charge demurrage of the prescribed rates per vehicle/trailer.
19. DANGEROUS GOODS
The Company reserves the right to refuse to carry dangerous goods and such goods will only be acceptable for carriage provided that the sender’s obligations in terms of this clause are met and further provided that the goods are packed safely for transport by road and in accordance with:
Any statutory regulations for road transport in force at the date when the goods are tendered for carriage, or if none:
Any packing arrangements as may be mutually agreed, or if none:
the regulations for rail transport contained in the Regulation for Packing, Handling and Transport of Explosives and other Dangerous Goods issued by the National Railways of Zimbabwe.
The sender shall be responsible for organising at its own expense such insurance cover as the Company may in its own discretion deem necessary for loss, damage or injury to property or persons arising from the carriage or storage of dangerous Goods and shall on request produce proof of such insurance the Company. Provided that the Company shall not be held to have waived or abandoned the obligations of the sender to organise such insurance cover by any failure on the part of the Company or its employees to request production of such proof of such insurance to the Company.
Notwithstanding any insurance cover provided by the sender or the Company, the sender hereby indemnifies the Company against all claims for loss, damage or injury to property or persons arising from the carriage or storage or handling of dangerous goods for any accident howsoever caused.
Any special conditions which may from time to time be published by a statutory authority or a body so authorised by Legislation in relation to the carriage of merchandise of a particular nature or description shall, in respect of such goods, prevail to the extent that such conditions are in conflict with these conditions.
The sender undertakes to advise the Company of the nature and type of any dangerous goods for carriage or for storage by the Company and to produce to the Company any information or documentation requested by the Company in respect of such dangerous goods.
20. SUB-CONTRACTING
Except where otherwise requested by the sender in writing or where notwithstanding any such request, the Company is, by reason of emergency, unable to fulfill the contract of carriage by means of its own services, the Company shall be at liberty (but without obligation so to do) to avail itself of the services of an independent carrier for the whole or any part of the carriage of such merchandise and during the period of carrying by such carrier these conditions shall apply.
21. CARRIAGE CHARGES
The Company’s charges for carriage shall be payable by the sender without prejudice to the Company’s right against the consignee or any other persons;
Provided that when the Company does not want prepayment of the carriage charges and it is stated in the consignment note that such charges are payable by the consignee the sender shall not be required to pay such charges unless the consignee fails to pay after a reasonable demand has been made by the Company for the payment thereof.
The Company shall not be liable for failure, whether through neglect or otherwise, to collect “paid- on-charges” in any case where, either before or after delivery, the person from whom such charges are to be collected fails to pay after reasonable demand has been made for payment thereof. Provided that where the consignment is collected by the consignee from a Company Depot or Station, the Company shall be liable.
The sender shall not have the right to setoff against any amount due by it to the Company in terms thereof any other amount which it considers is owed to it by the Company.
Unless a quotation expressly otherwise provides, the Company’s charges for carriage will be calculated at the published rate for each 100 kg mass of the gross mass of each commodity consigned (and so in proportion for the mass of the consignment, subject to any minimum charge for small parcels or other special charge applied in the Company’s scale of charges). Provided that when the volume of the consignment exceeds one cubic metre for 400kg mass, the charges will be calculated at the rate quoted or as published, on the basis of an assessed weight calculated at the factor of one cubic metre being equivalent to 400 kg mass and so in proportion if the volume is less than one cubic metre, or not a multiple of one cubic metre, subject always to any minimum charge applied in accordance with the Company’s scale or scales of charges. Unless otherwise stated special quotations will be valid for three months.
Quotations are furnished on the assumption that there is a safe and proper access by public highways or other roads to the points at which collection or delivery is to be made. In the event of there being no such safe and proper access, the sender will pay to the Company or its agent any reasonable expense to which the Company or its agents are put for the purpose of accepting or tendering the goods. Nothing in this condition shall place any obligation upon the sender in respect of public highways.
22. COMPUTATION OF TIME
In the computation of times where the period provided by these conditions is seven days or less, the following days shall not be included:
Sunday and any day or days declared as Public Holidays by Government Proclamation.
23. RIGHTS OF THE PARTIES
Subject to these conditions, the rights and liabilities of the Company and of the sender respectively, whether at Common law or under any Statute, shall remain unaffected.
24. ALTERATION/VARIATION
No employee, or agent of the Company, is permitted to alter or vary these conditions in any way, unless expressly authorised to do so.