THE COURIER GUY SOUTH AFRICA SOUTH AFRICA (PTY) LTD
Registration Number: 2023/172080/07
Important provisions:
These Conditions are applicable to the Customer’s access to and use of the Services, contain exclusions and limitations of the liability of TCGSA and impose legal obligations on the Customer. By using the Services, the Customer indicates its acceptance of and agrees to these Conditions. If the Customer does not agree, please notify TCGSA in writing and TCGSA will terminate the Customer’s access to the Services. Please read these Conditions very carefully. Take note TCGSA and / or Courier Locker’s LIABILITY IS EXCLUDED as well as that of its employees or agents for loss, damage and delay in certain circumstances. TCGSA’S and Courier Locker’s LIABILITY IS LIMITED to stated amounts where liability is accepted. STRICT TIME LIMITS apply where NOTICE OF CLAIMS is required. It is your duty to obtain insurance cover to protect your interests. All the terms and conditions are important, but please pay special attention to the parts that are inside a box with bold writing. These parts contain information about those terms and conditions that have important consequences for the Customer. The wording in the boxes is only intended to bring the terms and conditions to the Customer’s attention, and to explain their nature and effect. They are aids to understanding only and are not terms and conditions themselves. They do not limit the meaning or application of the provisions of these Conditions, and do not apply to situations and examples described in the boxes or to similar situations or examples.
These Conditions are applicable to the Customer’s access to and use of the Services and contain exclusions and limitations of liability of TCGSA.
By using the Services, the Customer agrees to be bound by these Conditions.
To the extent that the Consumer Protection Act, 2008 applies, TCGSA has a duty to point out certain important provisions in these conditions to the Sender. The clauses which contain these important provisions and reasons why they are important are set out below. It is very important that the Sender reads all these clauses carefully and not just what is stated below.
A. Limitations of risk, legal responsibilities and liability. Clauses 2.1, 3, 4, 6, 7, 8, 9, 10, 11, 12, 14, 15, 19 and 25 are important because they limit and exclude obligations, liabilities and legal responsibilities that TCGSA and other persons or entities may otherwise have to the Sender. As a result of these clauses, the Sender’s rights and remedies against TCGSA and these other persons and entities are limited and excluded. These clauses also limit and exclude the Sender’s right to recover or make claims for losses, damages, liability or harm the Sender or others may suffer.
B. Assumptions of risk, legal responsibilities and liability by the Sender. Clauses 2.1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 15 and 25 are important because the Sender takes on risk, legal responsibilities and liability. As a result of these clauses, the Sender may also be responsible for claims and other amounts. The Sender will also be responsible for, and the Sender accepts, various risks, damages, harms, and injuries which may be suffered by the Sender and others for what is stated in these clauses.
C. Acknowledgements of fact by the Sender. Clauses 5 and 9 are important because they each contain statements which are acknowledgements of fact by the Sender. The Sender will not be able to deny that the statements are true. TCGSA may act against the Sender and may have claims against the Sender as a result of these statements.
D. Indemnitees by the Sender. Clauses 9 and 12 requires the Sender to indemnify (hold harmless) TCGSA and other persons or entities against claims, loss, damages, and harm that that may be suffered by TCGSA and other persons or entities as a result of the events set out in these clauses. The Sender is also required to indemnify TCGSA and other persons and entities against claims for loss, damages, and harm that that may be made by any person or entity as a result of the events set out in these clauses. This places various risks, liabilities, obligations and legal responsibilities on the Sender and the Sender will be responsible and liable for the payment of the value of the claims, loss, damages, and harm that that may be suffered or claimed.
1. Interpretation & definitions
1.1. “Conditions” means these Conditions of Carriage as set out in this document and published in printed form and electronically at www.thecourierguy.co.za, as amended from time to time;
1.2. “Courier”/” (TCGSA) means the person and/or corporate entity (“The Courier Guy South Africa” with the Registration Number: 2023/172080/07 which is a private company duly incorporated in accordance with the laws of South Africa specified on the face of the invoice;
1.3. “Courier Locker” means the locker services provided for by and which is a division of The Courier Guy South Africa (Pty) Ltd.
1.4. “Goods” means the items accepted by TCGSA for carriage on behalf of the Sender under these Conditions;
1.5. “Owner’s Risk” means, to the maximum extent permitted by law, that the TCGSA is not liable for any loss of or damage to any Goods, howsoever arising, except if the loss or damage is caused by the Courier intentionally;
1.6. “Recipient” means the person identified by the Sender to whom the Goods are to be delivered under these Conditions;
1.7. “Services” means all of the operations and services provided or to be provided by the Courier in connection with the carriage of the Goods including without limitation, the carriage, transport and/or storage of the Goods or any operation/s or service/s incidental to any of them;
1.8. “Sender”/” Customer” means the person for whom the carriage of the Goods is performed by the Courier under these Conditions;
1.9. “Sub-Contractor” includes any person who under a contract or arrangement with any other person (whether the Courier or not) performs or agrees to perform the Services or any part of the services;
1.10. Words denoting, the singular include the plural and vice versa; any gender include the other genders, and persons include corporations and bodies politic and include their legal personal representatives and assigns.
1.11. “you” and “your” shall mean the Customer.
2. General aspects & conditions of carriage
2.1. TCGSA shall not be a public or common carrier in relation to the carriage of Goods forming the subject of these Conditions and any Goods carried are accepted subject to these Conditions.
2.2. These Conditions supersede all previous published terms and conditions. These Conditions supplement and detail the general terms and conditions on the back of TCGSA waybills and other publications. In case of conflict between these Conditions and the conditions on any TCGSA waybill, manifest, shipping label or other transit documentation, these Conditions will prevail to the maximum extent permitted by law.
2.3. TCGSA may, at any time, modify, amend, change or supplement these Conditions by issuing a new version on the TCGSA website, and these revised Conditions will apply with effect to all Services provided by TCGSA following the publication of the revised Conditions.
2.4. All business undertaken including guidance, information or Services provided by TCGSA shall be subject to these Conditions.
2.5. To the maximum extent permitted by law, the Sender confirms that it does not rely upon or claim any other terms, warranties, conditions or representations relating to the use of the Services under these Conditions.
2.6. The Sender will be bound by the signature of any of its employees, servants and agents on TCGSA Waybill.
2.7. Goods are accepted subject to the conditions stipulated by all other carriers, sub-contractors, handlers and any other parties into whose possession or custody they may pass to finalize and deliver Goods that come into their possession.
2.8 TCGSA shall have the right to bill the Customer, after bookings made, for Services rendered, irrespective whether TCGSA could collect or deliver the parcel, unless such non-collection and / or non-delivery is due to any act of TCGSA or any Force Majeure event.
2.9 Courier Lockers offer a delivery service twenty-four (24) hours, seven (7) days a week. This schedule may undergo changes depending on the accessibility and/or opening of the premises in which the Locker is located, leaving the provision of the delivery service subject to it.
The above clause limits your rights and remedies against us and this clause limits and excludes your right to recover or make claims for losses, damages, liability or harm that you may suffer. You will also be responsible for, and you accept, various risk, damages, harm and injury which may be suffered by you due to a change in any applicable delivery schedule.
2.10 To the fullest extent permitted under the law, under no circumstances shall any strict liability attach to TCGSA.
The above clause limits your rights and remedies against us, and this clause limits and excludes your right to recover or make claims for losses, damages, liability or harm that you may suffer. You will also be responsible for, and you accept, various risk, damages, harm and injury which may be suffered by you.
2.11 TCGSA undertakes to make deliveries at the times established in the definitions of each service contemplated in the Service Guide.
2.12 The contractual terms for delivery are understood without prejudice to delays caused by “force majeure or fortuitous event”, and thus justify the breach of contractual obligations without any liability for the obligor.
2.13 TCGSA will not be responsible when the delivery of a package is impossible due to:
2.13.1 Incomplete or incorrect address.
2.13.2 Non-collection by the Recipient within the expected period.
2.13.3 Non-compliance to contracted measures and weight.
2.13.4 Delivery of a product included in the exclusion items list.
2.14 Fair and Reasonable Use of Services
2.14.1 The Customer undertakes to utilise the Services in a fair, reasonable, and bona fide manner consistent with the intended use of such Services.
- TCGSA reserves the right, at its sole discretion, to determine whether the Customer’s use of the Services constitutes:
2.14.2.1. misuse or abuse of the Services;
- excessive, irregular, or unreasonable usage;
- use inconsistent with the operational, commercial, or logistical parameters of TCGSA.
- In the event of such use, TCGSA shall be entitled, without limitation, to:
2.14.3.1. adjust pricing, rates, or charges;
2.14.3.2. impose additional fees or surcharges;
2.14.3.3. suspend or restrict access to the Services;
2.14.3.4. refuse to accept or deliver any consignment.
2.14.4 The Customer acknowledges that the Services, including Courier Locker services, are subject to operational limitations, and any use exceeding such limitations shall be deemed unfair use.
2.14.5 TCGSA shall not be liable for any loss, damage, or inconvenience arising from the exercise of its rights under this clause.
The above clause limits your rights and remedies against us and this clause limits and excludes your right to recover or make claims for losses, damages, liability or harm that you may suffer. You will also be responsible for and you accept, various risk, damages, harm and injury which may be suffered by you.
3. Operational procedures
TCGSA reserves the right to transport the Goods received from any Customer and/or the Sender by any means at its disposal and may use any carrier to perform its duties. All Goods that require forwarding to facilitate delivery may be held at TCGSA’s discretion and the Customer and/or the Sender’s cost until suitable delivery arrangements can be arranged. TCGSA is entitled to use independent parties to perform any of the functions required for completion of its duties. TCGSA shall have no responsibility or liability to the Customer and/or the Sender for any act, or omission of such third party even though TCGSA may be responsible for the payment for such third parties’ charges. TCGSA however reserves the right to, at its sole election, take action on behalf of the Customer and/or the Sender should the independent carrier fail to carry out its duties suitably. The costs associated with taking such action would be for the account of the Customer and/or the Sender and are payable on demand. Delivery timeframes that may be provided by TCGSA to the Sender do not include day of collection.
4. Timeous instructions
The Customer shall be obliged to give any instructions to TCGSA timeously and in writing in order to afford TCGSA a reasonable opportunity to comply with such instructions, but TCGSA shall be entitled, but not obliged, to act on oral instructions alone. If there is a conflict between any oral or written instructions or between the various written instructions themselves, or in the absence of instructions, TCGSA shall determine the course to be adopted, in its sole discretion, having regard to the Customers known requirements, if any, and if not, it is recorded that Overnight Service shall be the default service selected. Notwithstanding that TCGSA may purport or attempt to act on any instructions, no liability shall attach to TCGSA for failure, whether negligent or otherwise, to perform such instructions. TCGSA shall be entitled to recover its charges and/or expenses including those incurred acting in terms hereof.
5. Tariffs & quotations
5.1 All quotations, rates, tariffs and surcharges are subject to withdrawal or revision by TCGSA at any time prior to their acceptance by a Customer. Where a quotation to a Customer includes a fee levied by a third party, the Customer will be liable for any change in that third party fee. Charges are calculated on the basis of either actual or volumetric mass, and for purposes of rating, the greater of the two calculations is deemed to be the chargeable mass for the purposes of measuring the volume, mass and/or dimensions of any package. The measurements as calculated by the dimension’s machinery and/or company representative will be deemed to be proof of the volume, mass and/or dimensions of the package so measured and the Customer must object to any such measurements prior to accepting a quotation (if applicable). Only written quotations provided by TCGSA will be valid. Once a Customer has instructed TCGSA to provide services that are the subject of a quotation, the Customer will be deemed to have accepted that quotation and TCGSA will be entitled to rely on that acceptance by the Customer.
5.2 Where Courier Lockers are utilised, the services include the delivery of packages at selected Lockers within the national network of Lockers. Prices are subject to the current general rate and are VAT inclusive. Terms and conditions of service apply.
5.3 Prices are based on current costs and are therefore subject to change without notice.
5.4 Estimates and Re-measurement
5.4.1 Any quotation, estimate, or indicative pricing provided by TCGSA is based on the information supplied by the Customer and/or estimated dimensions and weight and is strictly provisional in nature.
5.4.2 The Customer acknowledges and agrees that all quotations are subject to verification, re-measurement, and re-weighing of the consignment by TCGSA at any stage of the Services.
5.4.3 In the event of any discrepancy between the declared and actual dimensions, volumetric weight, or mass, TCGSA shall be entitled to:
- revise the applicable charges;
- apply additional fees, surcharges, or penalties; and
- recover any undercharged amounts from the Customer.
5.4.4 The measurements and calculations determined by TCGSA’s systems, equipment, or personnel shall be final, binding, and conclusive proof of the consignment’s dimensions and weight.
5.4.5 The Customer waives any right to dispute charges arising from such re-measurement, save where such measurement is manifestly incorrect.
5.4.6 This clause must be read together with Clause 8.6 (Incorrect Declaration of Size, Weight or Dimensions), and any misdeclaration shall constitute a breach of these Conditions.
6. Sending / collection of goods
6.1 If any Goods have not been accepted or collected by the Recipient and/or its nominee within a reasonable time after notification by TCGSA that the Goods are available for collection or delivery (as the case may be), TCGSA shall notify the Customer at its legal address (domicilium citandi et executandi) and, after the expiration of ten (10) days from the posting to that address of such written notice and unless the Customer shall give TCGSA instructions to re-deliver the Goods, at the Customer’s expense, TCGSA shall be entitled and authorised irrevocably and in rem suam, to sell or dispose of the Goods and retain from the proceeds the charges, expenses and costs incurred in the carriage thereof with any additional amounts arising from that sale to be refunded to the Customer.
6.2 In the event of utilising Courier Locker services, the following important terms are applicable:
Sending
6.2.1 The Sender and Recipient have to download the Application (Electronic App)/elect the service from the website at www.thecourierguy.co.za;
6.2.2 Sender/Recipient shall book the consignment at a Locker;
6.2.3 The booking number and delivery address shall be written on the consignment;
6.2.4 The Sender shall ensure the packaging of the consignment is sufficient;
6.2.5 The Sender shall enter the PIN code provided after the booking is made and place the consignment in the Locker;
6.2.6 TCGSA shall collect the consignment and deliver same to the requested destination.
6.3 Collection
6.3.1 The Recipient receive a text / email when the parcel is ready to be collected;
6.3.2 The user who requests a collection service will be assigned a code. This code must be entered into the Locker for the removal of packages, within the contracted period;
6.3.3 The Recipient will then remove the parcel from the locker;
6.3.4 The responsibility to collect the package rests at all times with the Recipient. The Recipient has 48 hours following a notification to collect the parcel at the destination locker using their unique PIN code. Failure to do so will result in the package being returned to the nearest TCGSA depot and full redelivery fees will be applicable;
6.4 If any Goods have not been accepted or collected by the Recipient and/or its nominee within 48 hours after the tender / email / notification thereof, and for the purposes thereof notification to the Recipient and/or its nominee of the fact that the Goods are available for collection or that TCGSA is willing to deliver the Goods which shall be deemed to be a good and sufficient tender. TCGSA shall notify the Customer at its legal address (domicilium citandi et executandi) and, after the expiration of ten (10) days from the posting to that address of such written notice and unless the Customer gives TCGSA instructions to re-deliver the Goods, at the Customer’s expense, TCGSA shall be entitled and authorised irrevocably and in rem suam, to open, sell or dispose of the Goods and retain from the proceeds the charges, expenses and costs incurred in the carriage thereof, in terms of Clause 7 hereunder.
The above clause limits your rights and remedies against us, and this clause limits and excludes your right to recover or make claims for losses, damages, liability or harm that you may suffer. You will also be responsible for, and you accept various risks, damages, harm and injury which may be suffered by you.
7. TCGSA’s lien & other rights in terms of goods in TCGSA’S possession
7.1. TCGSA and /or its nominee reserve the right to open and examine any Goods at any time;
7.2. TCGSA shall have a lien and shall be entitled to hold any Goods, documents and/or any refunds, claims or recoveries in its possession or under its control as security for any monies owing to TCGSA by the Customer, whether past or present, for the carriage of any Goods subject to these terms and conditions of carriage;
7.3. Although TCGSA may initially have granted a trading limit to the Customer TCGSA may, at any time, at its sole discretion, retain possession of any Goods pending the discharge of the Customer’s indebtedness to TCGSA;
7.4. In the event that TCGSA exercises its lien and retains possession of any Goods as reflected herein above, then TCGSA shall be entitled to store the Goods at such place as it deems fit, at the Customer’s expense.
The above clause constitutes an assumption of liability and risk by the Customer, as the Customer agrees to take full responsibility of the costs associated storing the Goods.
7.5. If any monies owing to TCGSA are not paid by the Customer within 5 (five) days after they are due or after any parcel has been delivered to a TCGSA Branch/Depot/Kiosk, TCGSA shall be entitled, without further notice to the Customer:
7.5.1. to open and examine the Goods;
7.5.2. to sell the whole or any part of the Goods in such manner and on such conditions as it deems fit;
7.5.3. to apply the proceeds of any sale, after deducting all expenses thereof, in payment or reduction of any amount due by the Customer to TCGSA (including storage costs envisaged in clause 7.3. here above, provided that any surplus shall be paid over to the Customer without interest immediately after the sale, if the Customer’s address is known, and if not, upon demand made by the Customer within 90 (ninety) days of the sale.
7.6. TCGSA shall not be liable for any loss, damage or deterioration of any such Goods attributable to the implementation of this clause by TCGSA;
The above clauses limit your rights and remedies against us, and these clauses limit and exclude your rights to recover or make claims for losses, damages, liability or harm that you may suffer. You will also be responsible for, and you accept various risk, damages, harm, and injury which may be suffered by you.
7.7. TCGSA’s rights under this clause are not exhaustive and are in addition to any other rights which it may have against the Customer;
7.8. If it is necessary for an examination to be conducted by TCGSA in respect of any discrepancy in the Goods which are landed from any vessel, aircraft, vehicle or container, the responsibility to comply with any regulations, laws and/or obligations pertaining to the Goods remains that of the Customer and/or the Sender, notwithstanding the contractual relationship between TCGSA and Customer and/or the Sender.
8. Packaging & delivery parameters
8.1. TCGSA does not accept or courier packages which exceed the size limitation being 1m x 1m x 1m and the weight limitation being of 50 kilograms;
8.2 In the event of a client utilising the Courier Lockers, TCGSA does not accept or courier packages which exceed the size limitation being in accordance with the box sizes and the weight limitation being 20 kilograms;
8.3. TCGSA shall not be liable for any loss, damage or deterioration of any Goods and as such we emphasise that it is the sole responsibility of the Customer/Sender to:
8.3.1. Package Goods for transportation and ensure that all Goods are adequately packaged to withstand the ordinary incidents of transit risk and normal rigours of road transportation. TCGSA may supply a container to the Sender wherein which to place the Goods;
8.3.2. Adequately and clearly address each consignment to enable effective delivery thereof.
8.4 In the event of a Client utilising the Courier Lockers the following important Terms are applicable:
8.4.1 Lockers allows for 1 (one) package per locker ONLY;
8.4.2 Should the booking be made, and the parcel the Customer wishes to send is not placed within the Locker within 36 (Thirty Six) Hours of making the booking, the online booking will expire and no refund will be made to the Customer;
8.4.3 Should the booking be made, and the parcel the Customer wishes to send is placed within the Locker within 36 (thirty six) hours of making the booking, and the parcel is collected and delivered to the secondary Locker, the Sender/Receiver will have 48 (Forty-Eight) hours to collect the parcel after which such collection will expire and no refund will be made to the Customer. (The above process will have to be attended to again);
8.4.4 When at the locker, the Customer must insert a code to unlock the requested/ booked locker. The Customer must place the parcel in the Locker within a certain time – that being 174 (One Hundred and Seventy Four) seconds. If the time expires, the booking also expires and no refund will be made to the Customer;
8.4.5 When sending valuables, it is the Customer’s responsibility to ensure the valuables are adequately packaged and marked ‘FRAGILE’. Insurance is for the account of the Sender and/or Recipient at all times.
The above clause constitutes an assumption of liability and risk by the Customer, as the Customer agrees to take full responsibility ensuring Goods are packaged correctly for transportation and that each consignment is adequately made.
The above clause also limits your rights and remedies against us, and this clause limits and excludes your right to recover or make claims for losses, damages, liability or harm that you may suffer. You will also be responsible for, and you accept various risk, damages, harm and injury which may be suffered by you.
- Customised flyers and boxes are available for purchase from support@thecourierguy.co.za.
- The Customer warrants that all consignment details, including dimensions and weight, are accurate at booking.
- Where a parcel submitted via a locker or kiosk exceeds declared specifications, TCGSA may at its discretion:
8.6.1.1. refuse or delay delivery;
8.6.1.2. remove the parcel;
8.6.1.3. reclassify and charge additional fees;
8.6.1.4. return the parcel at the Customer’s cost;
8.6.1.5. hold the parcel pending payment.
8.6.2 All additional costs including handling, storage, penalties and re-routing are for the Customer’s account.
8.6.3 TCGSA shall not be liable for any loss, damage, delay or non-delivery arising from incorrect declarations.
8.6.4 Such parcels are carried entirely at the Customer’s risk and all claims are waived.
8.6.5 The Customer indemnifies TCGSA against any damages or losses arising from incorrect submissions.
8.6.6 TCGSA measurements shall be final and binding.
Read more on : https://thecourierguy.co.za/terms-conditions/