Standard Terms & Conditions of Service
MDS Collivery (Pty) Ltd (hereinafter referred to as “MDS”) provides a collection and delivery service to its Customers, subject to the following:
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Definitions
- “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, as the context may require.
- “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 serve as proof of handover of the goods from one party to the other.
- MDS is not a public/common carrier and may refuse to accept any goods for carriage without providing reason for such refusal.
- In terms of the Disaster Management Act 57 of 2002 ("the Act") and the current Alert Level Regulations thereof ("the Regulations"), MDS Collivery can only deliver the goods to the Customer in relation to goods and services as defined in the Regulations ("the allowed purpose")
- MDS Collivery is delivering the goods to the Customer on the strict understanding the goods are purchased and will be used and/or on-sold by the Customer for the allowed purpose. The Customer indemnifies and holds(MDS Collivery, its affiliates and their respective personnel harmless from and against any liability and losses arising from or in connection with the Customer's failure to purchase the goods in accordance with the provisions of the Act and the Regulations.
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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).
- Shall exclude indirect and consequential damages.
- Where MDS has agreed to accept the additional risk of carriage, such risk shall not 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.
- 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.
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MDS will not be liable for any claims made by Client in any of the following circumstances:
- Where the Client fails to submit the Claim to MDS within the relevant time limits.
- 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, jewelry, 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, motor vehicle panels and body parts including windscreens 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 reserves the right to amend these terms and conditions of contract from time to time, without prior notice to the Customer.
Standard Terms & Conditions of Competitions
- 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.