Bicycle couriers and your general conditions of carriage
Bicycle couriers is a boxed bicycle courier aggregator. Which means we are an online booking portal for sending boxed bicycles. We do not have our own fleet. We utilize the fleets of DSV for example, in fact a whole range of couriers companies in South Africa. The big boys. Which is why we can do least cost routing. And offer you boxed bicycle deliveries at the current rates correct at the time of writing. For only 699 for main centers and 999 to remotes areas in South Africa. And because we use courier companies for the logistics, you are also bound by their individual T&C’s, and ours. And their conditions of carriage.
Below we have an example of conditions of carriage for one of our providers. However, they are often very alike. So, lets use this example to see what we can learn from it. We have highlighted the summaries or important points as our very own notes in the headings below. TLDR? Refer to the headings.
Example COC: general conditions of carriage
GCOC or just COC for short is the general conditions of carriage. Example below. All and any business is undertaken and accepted by The Courier company, subject to the conditions set out below and each and every condition set out below shall be deemed to be a condition of any agreement with The Courier company:
- In these conditions, the following words shall bear the meaning assigned to them below:
This is the courier company used by bicycle couriers:
1.1 “The Courier company” shall mean The Courier company Transport (Pty) Ltd sample details (Registration No. 2002/000xxx/07);
You are the customer who’s bike is being transported:
1.2 “Customer” means the party reflected on the waybill as the sender of the goods, whether acting on his/her own behalf or in his/her capacity as agent or in any other capacity for a third party;
This is the boxed bicycle:
1.3 “Goods” means the goods forming the subject matter of this agreement, whether contained in one or more parcels or packages and whether consigned singly or in parcels or in bulk.
All terms in writing:
- The Courier company shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing and signed by both The Courier company and the Customer. In the absence of any such written agreement to the contrary, these conditions shall constitute the entire agreement between The Courier company and each of its Customers.
Courier may refuse:
- The Courier company is not a public or common carrier and has the right to refuse to accept any goods for carriage at its absolute discretion.
Customer must give correct details and be authorized to send:
- The Customer certifies and warrants that the particulars on the waybill are correct and that it is duly authorised to order the carriage of the Goods by The Courier company and to conclude this agreement with The Courier company. In the event that the Customer is not the owner of the Goods, the Customer hereby confirms that it is duly authorised to enter into this agreement on behalf of the true owner of the Goods and indemnifies The Courier company against any damages, costs and expenses resultant from any breach of this warranty.
Customer indemnifies and nothing unlawful:
- The Customer warrants that the carriage of the Goods will not be in contravention of any laws and the Customer indemnifies The Courier company against any claims and/or damages arising from any breach of this warranty.
Courier decides on the route:
- The Courier company shall have the sole discretion in deciding what route to follow when carrying the Goods.
Courier may sub-contract:
- The Courier company reserves the right to employ sub-contractors or agents to act for it and shall have no responsibility or liability to the Customer for any acts or omissions of such sub-contractors or agents, even though The Courier company may be responsible for the payment of their charges. The Courier company shall, however, take such action against the sub-contractors or agents concerned on the Customer’s behalf as the Customer may direct provided that The Courier company is suitably indemnified against all costs associated therewith, including attorney and own client costs. The Goods are accepted by The Courier company subject to any conditions stipulated by any such subcontractors or agents into whose possession of custody the Goods must pass for the due fulfilment of the obligations of The Courier company.
Customer accepts risk of transport:
- The Goods shall be carried at the risk of the Customer who exempts The Courier company from and indemnifies The Courier company against all liability of whatsoever nature, arising directly or indirectly from the handling of the Goods whilst in the possession of The Courier company, including, but not restricted to, any liability for direct and/or consequential loss or damages arising from loss of the Goods, damage to the Goods, the failure to collect or deliver the Goods timeously, adequately or at all, or from or to the correct address, or from any other cause arising, whether any such liability, loss or damage is caused by or arises from breach of contract or otherwise, save for instances where loss or damage is as a direct result of a wilful act or wilful default on the part of The Courier company, its servants, agents, sub-contractors or employees, or otherwise.
Customer is responsible for correct packing:
- The Customer is responsible for the packaging of the Goods, including the placing of the Goods in any container which may be supplied to the Customer by The Courier company, and The Courier company accepts no responsibility for loss or damage to the Goods caused by inadequate or inappropriate packaging.
No dangerous goods:
- Unless otherwise agreed in writing between The Courier company and the Customer. The Courier company will not carry dangerous, hazardous, combustible or explosive materials. Nor any other materials notified by The Courier company. To Customers from time to time. If the Customer consigns items with The Courier company that are considered to be dangerous Goods, the Customer agrees that any liability of any nature whatsoever caused by or arising from the carriage of the dangerous Goods will be for the Customer’s account and the Customer indemnifies The Courier company against any claim of any nature whatsoever. Made against The Courier company. By any person or entity. As a result of loss. Or damage as a result thereof.
No liability and customer indemnifies courier:
- The Courier company shall not in any circumstances be liable for any loss or damage whatsoever caused by the carrying of fragile or valuable Goods and it is the Customer’s responsibility to pack and label such Goods to minimise the additional risk associated with the carriage of such Goods. The Customer indemnifies The Courier company for any loss or damage whatsoever arising from the carriage of such Goods.
Not sending the following items:
- The Courier company does not accept the following goods for carriage and the Customer agrees that The Courier company shall not be liable in any manner whatsoever in regard to the carriage of arms, ammunition, artworks, live animals of any description, bank and treasury notes, bullion, cash, deeds, designs, documents of any description, explosives, furs, gold or silver articles, jewellery, models, moulds, patterns, plans, precious metals or stones (cobalt, platinum, gold etc), specie, stamps, tickets, travellers cheques, exotic sea foods (including caviar, prawns, calamari and crayfish), aircrafts, platinum & liquor.
Claims within 2 days of delivery:
- Any claim by the Customer in respect of The Courier company’s obligations under this agreement is to be notified in writing by the Customer to The Courier company within 2 (two) days from the date of delivery of the Goods or the date when the Goods should have been delivered.
Liability limited to courier cost:
- Any case of liability of The Courier company shall be limited to the price paid by the Customer for the services rendered by The Courier company.
Customers’ insurance:
- The Customer is encouraged to sufficiently insure the Goods carried by The Courier company and The Courier company shall not be liable to the Customer in any respect or manner in the event of the Customer failing to sufficiently insure such Goods.
RTS return to sender costs:
- If The Courier company is unable to effect delivery of the Goods as a result of the consignee’s refusal to accept the Goods, reasonable steps will be taken to return the Goods to the Customer and the Customer shall be responsible for the cost of carriage to and from the consignee as well as the cost of the attempted delivery. If The Courier company is unable to effect the return of the Goods, it shall be entitled to sell the Goods. To defray costs after giving notice of such sale by registered post to the Customer.
Customer indemnifies courier:
- The Customer is liable for all losses, damages whatsoever caused to any person, including the Customer, as a result of the Customer’s failure to comply with any of its obligations under this agreement or as a result of its negligence and the Customer indemnifies The Courier company fully in this regard.
This is a prepaid service:
- “To Pay” consignment marked COD or consignee account will be accepted by The Courier company. The Customer, however, will remain liable for all consignment charges and/or other lawful expenses due to The Courier company should the said charges and/or expenses not be recovered from the consignee within 30 days from the date of consignment. Or should the consignee default in payment for any reason whatsoever.
Interest may be charged:
- The Customer shall pay all monies in respect of services rendered by The Courier company in respect of the carriage. Within a maximum of 30 days from date of The Courier company’s invoice to the Customer. And interest will accrue on all payments not made on due date at the maximum rate allowed by law. From date for payment to the date on which payment is affected. The Customer is not entitled to set off any alleged damages or loss against any amount due, owing and payable to The Courier company.
Appropriate payments:
- The Courier company shall be entitled, in its sole and absolute discretion, to appropriate any payments made by the Customer towards the settlement of any debt or obligation of whatsoever nature owing by the Customer to The Courier company.
Lien over goods:
- The Courier company shall have a lien over all Goods as security for any monies due. In respect of this or previous consignments undertaken by The Courier company on behalf of the Customer. This is an important part of the general conditions of carriage.
Local laws:
- This agreement and its interpretation is subject to the laws of the Republic of South Africa. And any dispute arising from the terms of this agreement shall be resolved in accordance with such laws.
Waybill also domicilium address:
- The address appearing on the waybill in respect of The Courier company. And the Customer shall serve as their respective domicilium addresses. For the delivery of all notices in terms of this agreement. Any notice shall be deemed to have been validly given if posted by registered post to such addresses. And shall be deemed to have been received within 7 (seven) days of the date of posting.
Conditions of carriage notes
And there you have it. Plain and simple. Big box boxed bicycle transport Conditions of carriage notes in South Africa. So where can we send your bicycle today?
