Terms and Conditions of carriage

1.       In these conditions, “company” shall mean ECS – A division of Pyramid Freight (Pty) Ltd

2.       “Customer” shall mean any person at whose request or on whose behalf the company undertakes or provide any business or service.

3.       All and any business undertaken and goods accepted by Customer shall be on terms and subject to the conditions hereinafter set out and any other terms and conditions agreed, and each of all conditions set out is and shall be deemed to be a condition of any agreement between the Company and its customers.

4.       The Customer’s goods are accepted also subjects to the conditions stipulates by all other carriers and parties into whose possession or custody they may pass as if the same had been included herein, provided that if there is any conflict between any such conditions and these conditions and the latter shall prevail.

5.       The Company is not a common carrier and will only carry documents or goods subjects to these conditions, which can only be altered by written agreement with the Company. The Company reserves the right to refuse the carriage or transportation of any documents or goods for any person, firm or company and the carriage or transportation of any class of documents or goods as of its discretion.

6.       The Company shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing and signed on behalf of the company by a competent officer thereof.

7.       The Company will not accept or in any way be presumed to have accepted.

7.1.    COD shipments and “To Pay” shipments

7.2.    Perishable Cargo

7.3.    Dangerous/Radio Active materials

7.4.    Arms and ammunition

7.5.    Livestock 

7.6.    Valuable cargo, being anyone or more of the following:

7.6.1.1. Goods having a declared   value for carriage exceeding US Dollars 1000 (or Rand equivalent) per gross Kg)

7.6.1.2.  Precious metals such a s Gold or Platinum

7.6.1.3.  Articles made of Gold or Platinum

7.6.1.4.  Jewelry made of Silver, Gold or Platinum

7.6.1.5. Jewelry consisting of precious stones.

7.6.1.6. Precious Stones (Diamonds), Rubies, Emeralds etc.

7.6.1.7.  Watches or furs

7.6.1.8.   Banknotes, Traveler's Cheques, Securities, Shares, Share Coupons and Stamps

8.       The Company shall not in any circumstances be liable for any loss or damage to goods or non-delivery or misdelivery, whether on grounds of breach of contract or negligence, unless it is proved that the loss, damage, non-delivery or misdelivery occurred whilst the goods were in the actual custody of the Company and under is actual control.

9.       Subjects to the terms of Clause 8 above, the Company shall not be liable to the Customer for any loss or damage which the Customer may suffer from any cause whatsoever unless:

9.1.    Such loss arises from gross negligence on the part of the Company.

9.2.    The Customer gives notice, in writing, to the Company for the damages claimed by it or if it is impossible to quantity such damages at that stage, notifies the Company in writing of the nature of its claims, within 7 (seven) days of dispatch of the relevant goods to the Customer.

10.   In no case whatsoever shall any liability of the Company to the company, however arising, exceed the value of the goods or the value declared by the Customer for insurance, customer's carriage purpose, or R50 per consignment, whichever is the lower. The Company shall not be liable for any consequential damages, and it shall be incumbent on the Customer to arrange special insurance should it require cover for damages in excess of what it could claim in terms of these conditions.

11.   The packaging of the Customer’s documents or goods for transportation, including the placing of the document or goods in any container which may be supplied to the Customer by the Company, shall be the sole responsibility of the Customer. The Company shall not be liable for loss or damage to documents or goods caused by inadequate or inappropriate packaging. It shall be the sole responsibility of the Customer to address adequately each consignment of documents or goods to enable effective delivery to be made. The Company shall not be liable for delay in forwarding or delivery resulting from Customer’s failure to comply with its obligation in respects.

12.   The Company undertakes, subjects to payment in accordance with rates notified to the Customer from time to time, to carry the Customer’s documents between destinations agreed between the Company and individual Customers.  The Company reserves the right to carry the Customer’s documents by any route and procedure and by successive carriers and according to its own handling, storage and transport methods.

13.   The Customer warrants that it is authorized to accept and is accepting these conditions not only on behalf of itself, but also as agents for and on behalf of all other persons who have a proprietary interest in the documents or goods. The customer hereby u undertakes to indemnity the company and holds it harmless against any damages, costs and expenses resulting from any breach of this warranty.