MDS Collivery (Pty) Ltd (hereinafter referred to as "MDS") provides a collection and delivery service to its Customers, subject to the following:
- "MDS" shall mean MDS Collivery (Pty) Ltd, its staff, agents or sub-contractors.
- "Goods" shall mean any documents, parcels or freight accepted for carriage by MDS.
- "Carriage" shall mean the transport of goods from one point to another by MDS (the "Carrier") using means it deems suitable.
- "Client" shall mean the party responsible for the payment for the carriage of the goods.
- "Owner" shall mean the party who has a financial interest in the goods.
- "Parties" shall mean the Client, the Owner, the sender, the receiver or the Carrier.
- "Waybill" is the accompanying document which identifies the Client, the number and weight of packages involved and instructions regarding the time and place of both the collection and delivery, copies of which are signed by the parties and serves as proof of handover of the goods from one party to the other.
Terms and Conditions
- MDS is not a public/common carrier and may refuse to accept any goods for carriage without providing reason for such refusal.
- By using our collection and delivery service you agree to be bound by our terms and conditions, as set out in this document, and you acknowledge that our terms and conditions will constitute a valid, binding and enforceable agreement.
- These terms & conditions shall apply to all transactions concluded by or on the Client's behalf on our website. (www.collivery.co.za or collivery.net).
- A certificate issued by an administrator of our website shall constitute prima facie proof of any fact related to our website, including (but not limited to) which version of the terms and conditions govern a particular dispute and what content was published or functionality was available on our website at a specific point in time.
- For purposes of Section 22(2) of the Electronic Communications and Transactions Act, 25 of 2002 you accept that the agreement will be regarded as concluded at Randburg, Gauteng Province.
- All matters arising from this agreement, its validity, existence or termination shall be determined in accordance with the laws of the time of the Republic of South Africa, and you hereby submit to the jurisdiction of the Magistrates' Court of Johannesburg/Randburg.
- MDS' prices are set out in its price list or are as negotiated or quoted to the Client and are subject to review from time to time.
- Prices quoted are based on the information provided by the Client. Should this information be found to be incorrect, MDS has the right to adjust the prices based on the correct information while continuing with the carriage.
- Any credit limit, invoice frequency, or payment terms set by MDS shall be at its sole and absolute discretion and may be changed by MDS depending on circumstances that MDS believes justifies such changes.
MDS' liability to the Client in respect of goods in its care:
- Will terminate once proof of delivery has been obtained from the receiving party at the address stated on the waybill.
- Shall be limited to an amount of R1 000.00 (One Thousand Rand) subject to Clause 3.1(d) below.
- Shall exclude indirect and consequential damages.
- Where MDS has agreed to accept the additional risk of carriage, such risk shall never exceed an amount of R10 000.00 (Ten Thousand Rand) relating to any one waybill. This risk relates to the loss of goods, and does not cover damage resulting from inadequate packaging of the items by you or your agents. This acceptance of risk relates exclusively to the direct cost of replacement of goods, and shall in no way cover any indirect or consequential losses.
- Any documents requested to support the claim which has not been submitted within 2 months from the date of loss will result in the claim not being considered.
- MDS shall not be liable for failure to fulfil its obligations if such failure is due to war, civil disobedience, industrial dispute, acts of God, or any event beyond MDS' reasonable control.
- If MDS is unable for any reason to effect delivery of the goods, all reasonable steps will be taken to return the goods to the Client. The Client will, however, be responsible for the costs of carriage, attempted delivery and return of the goods. Any failure to deliver or any late deliveries may not be used as motivation for non-payment for that delivery.
- MDS will not be responsible for any fulfilment of Customs formalities or payments. However, MDS will assist the Client as far as possible, on condition that such assistance will be rendered at the sole risk and responsibility of the Client and the Client undertakes to indemnify MDS against any claims in this respect.
The Client warrants that:
- The goods are accurately described on the waybill.
- The waybill is printed and affixed to the parcel.
- The goods are adequately packed and accurately addressed on the system generated waybill to enable delivery to take place with ordinary care and handling.
- The Client has to the best of its knowledge and belief, complied with all laws, rules and regulations regarding the carriage and that the goods are not prohibited by Government regulation.
- The Client agrees to MDS' terms of payment and that MDS shall be entitled to suspend, delay and/or cancel collection and/or delivery of any consignment(s) in the event of non-payment, or to hold the consignment(s) until such time as the account has been settled in full or to MDS' satisfaction.
- Failure to pay your account within 30 (thirty) days from the date of delivery of a tax invoice will attract interest at the rate of 24% per annum in terms of the National Credit Act.
- You will be liable for all legal costs incurred by us on a scale as between attorney and Client, (including, but not limited to Sheriff's fees, collection commission and tracing agent's fees) in the event of us having to institute legal action in order to secure payment of any outstanding account.
- MDS' liability to the Client in respect of goods in its care:
Risk Cover Exclusions
MDS will not be liable for any Claims made by Customers in any of the following circumstances:
- Where the Customer fails to submit the Claim to MDS within the relevant time limits set out above.
- Where MDS is in possession of an unendorsed proof of delivery form for the consignment.
- Where the Goods consigned are Excluded Goods, where “Excluded Goods” means each of the following items:-
Money, bullion, credit cards, pre-paid cards, jewellery, watches, precious stones, furs, treasury notes, securities, stamps, patterns or manuscripts, plans, designs, explosives and all livestock or plants, guns, ammunition, hazardous goods and dangerous goods / materials, negotiable instruments, gemstones, works of art, securities, drugs, all framed pictures, artwork, solar panels or parts, mirrors and negotiable instruments, including collectible coins, cellphones, furniture and antiques, including fossils or fossil pieces, are carried entirely at your risk. Second – hand goods that have not been declared as such to MDS, who reserves the right to inspect second hand goods before acceptance and to delay the transit time by one day to effect such inspection.
- Where MDS in its reasonable opinion considers the Packaging of the Goods to be inadequate for rail, air or road transportation. in the event of a claim for damage, the receiver must retain all inner and outer packaging materials as well as the damaged goods. Failure by the receiver to retain the original goods and packaging at the original delivery location or the failure to make the delivered goods available for inspection will invalidate the claim.
- Where the Goods are determined by MDS to have been defective prior to the Carriage.
- Where damage, mechanical failure or other operational defect in the Goods could not, in the reasonable opinion of MDS, have been caused by the Carriage.
- Where MDS fails, delays or is unable to carry out its obligations under this contract due to strikes and / or lockouts (whether of MDS’ own employees or those of others and whether or not MDS could have avoided the same by acceding to the demands of the employees responsible for such action), acts of God, war, terrorism, fire, flood, embargo, litigation, acts of government or any agency instrumentality or any political subdivision thereof or any other cause beyond the control MDS.
- Where the goods have been lost or damaged as a result of derailments, collisions, overturning or any similar incident.
- Where the Goods have not been packed in the original manufacturer's packaging or the equivalent.
- Where the Delivery Address is a post office box, a roadside drop or postal mail box.
- MDS will not be liable for any Claims made by Customers in any of the following circumstances:
MDS reserves the right to amend these terms and conditions of contract from time to time, without prior notice to the Customer.
- Prizes are subject to change at the discretion of MDS Group.
- Prizes not claimed within 30 days will be redistributed.
- Unless otherwise stated, prizes are only available to South African residents.
- Winners will be chosen from those who have completed all competition steps.
- Adjudication of the winners is the decision of a competent manager of MDS and is final.