Conditions of carriage
All business undertaken by Legal Courier Services Couriers is subject to the following Terms and Conditions:
1. For the purpose of the paragraphs set out below
1.1 “the COURIER” shall mean Legal Courier Services(LCS) and shall include any of its agents, sub agents, or associate companies.
1.2 “the CARRIAGE” shall mean all forms of carriage and related activities undertaken by the COURIER on behalf of clients.
1.3 “the CLIENT” shall mean the party reflected on the waybill or the credit application as the sender of the goods.
1.4 “the WAYBILL” shall mean the COURIER’s official Dispatch Note generated online.
1.5 “the APPLICATION” shall mean the instruction created online www.lcsonline.co.za by a specific user, for a specific client , for a specific service reflecting a unique number.
2. The COURIER will in its sole discretion select the methods of transportation and handling to be used in the CARRIAGE of the goods. The COURIER does not warrant that the CLIENT’S request as to “service options” or “special instructions” as detailed in the WAYBILL, will result in any specific method of transportation of the goods being employed by the COURIER.
3. If the COURIER uses the services of a third party in respect of the transportation of the goods, only those conditions of carriage imposed by that third party which are more favourable to the CLIENT and are not less favourable to the COURIER than the conditions contained herein shall apply to the CARRIAGE by the nominated third party. This will only apply to shipments leaving the Province or area of delivery.
4. The COURIER’s charge for its services are set out in the COURIER’s official tariff document applicable from time to time. A copy of this document is available on request. Customs and other statutory payments made by the COURIER on behalf of the CLIENT, including, but not limited to, import duty, surcharge, or Value Added Tax, shall be charged to the CLIENT and proof of expenditure shall be made available by the COURIER at the CLIENT’s request.
5. The COURIER’S tariff of charges is subject to review by the COURIER who will furnish notice to the CLIENT.
6. The Courier accepts no liability for loss of or damage caused to cellular phones, Laptops or other electronic equipment.
6.1 The COURIER accepts no responsibility in respect of and will not pay compensation in the event of loss or damage to jewellery, precious stones and metals, negotiable instruments, or any article exceeding RI 000,00 of the value per kilogram of gross mass, irrespective of the contents.
7. If the COURIER is unable for any reason to effect delivery of the goods, reasonable steps will be taken to return the goods forthwith to the CLIENT. The CLIENT shall be responsible for the costs of carriage, attempted delivery and return of the goods. Courier cannot be held liable for non delivery due to circumstances beyond their control such as but not limited to strikes, riots, political rallies, traffic and bad weather incorrect address or if addressee has moved from the given address. All documents and parcels are handed to courier at owners’ / sender’s risk.
Any goods / packages that a consignee / receiver refuse to accept will be returned or left on the property and an affidavit can be drawn up at the clients’ request at a fee of R65 + vat
Legal Courier Services shall not be held liable for failure to deliver due to incorrect, incomplete or missing client’s instructions.
The request for upliftment of court files is done so at THE CLIENT’S own risk. THE COURIER will do whatever necessary to request the court file, complete the necessary forms issued by court to locate a file. However in the event that a file cannot be located due to the misplacement of this file the charges applicable will still remain due. THE COURIER however is obligated to provide THE CLIENT will sufficient proof that the correct process was followed and follow up procedures were carried out.
8. Same Day Services applies to documents and parcels which are collected within the set time frames which make this service possible. Far South/West Rand Area is not classified as a Same Day Service and only an Overnight Service will apply. All calls messages to THE COURIER for a same day service must reach the courier offices before 11:00hrs to guarantee early collection. Same Day Service received outside of cut off times will be charged an urgent surge charge on top of the standard service charge. THE CLIENT will be notified of any additional charges. If THE COURIER is unable to guarantee a same day service same should be explained to THE CLIENT within a reasonable amount of time. Should THE COURIER be unable to deliver a Same Day on the Same Day without any reasonable explanation the Service will be adjusted to only charge an Overnight Service instead. Only major Town areas are classified as same day service areas. West rand areas include Heidelberg, Roodepoort, Nigel, Krugersdorp, Westonaria, Vereeniging, Vanderbijlpark, Meyerton and surrounding area. THE COURIER will service this Route as an overnight service only and an urgency surge charge will be applicable on any same day service to these areas.
9. The instruction from the CLIENT to the COURIER in respect of any carriage shall be made on the COURIER’s official waybill form duly completed online and tendered with the goods. No other instruction, whether verbal or written, shall be binding on the COURIER. No employee of the COURIER is authorized to vary this condition. Should the instruction be cancelled same should be done online and before any courier has been dispatched to the particular address. Cancelling in time will result in service being completed at a cost of 0 rand.
10.The CLIENT shall remain responsible to the COURIER for all charges until they are paid. The COURIER shall not collect any monies at the time of delivery and no employee of the COURIER is authorized to do so. All payments made by the CLIENT or any third party on behalf of the CLIENT, shall be made free of any deduction or set off to the COURIER.
11.Any amounts payable by the Sender to the COURIER shall be paid into the account of the Couriers through a direct transfer or deposit without deduction or set off
11.1 within 30 days after date of statement in respect of those CLIENTS to whom the Company has previously agreed to grant credit.
11.2 in all other cases, on demand.
11.3 It is the client’s company responsibility to settle all monies due as soon as a statement is emailed or posted to the above provided contact details. Should you have any query regarding the amounts owed to Legal Courier Services, please bring them to our attention within 14 days of the statement / invoice date otherwise it will be accepted and understood that the invoice / statement is correct and all monies due and owing will be paid to LCS accordingly.
11.4 Legal Courier Services reserves the right to bill the client a month or two after goods have been delivered. Should such a scenario arise, the client has full authority to request for a copy of the waybill.
12.All instructions received must be completed online www.lcsonline.co.za. All clients must provide their users with the necessary login details and therefore by doing so authorizes the access to all users. The client should ensure that users which have left their firm are update accordingly.
13.DANGEROUS / HAZARDOUS GOODS
13.1 Unless otherwise agreed to in writing, the CLIENT warrants that the Goods are fit to be carried in the ordinary way and are not dangerous.
13.2 Unless otherwise agreed to in writing, the Company shall not handle any dangerous, corrosive, noxious, hazardous, inflammable or explosive Goods or any Goods which in its opinion are likely to cause damage.
13.3 The CLIENT hereby indemnifies and holds harmless the Company against all loss, damage, injury, howsoever caused, arising out of the carriage of the Dangerous Goods for carriage whether declared as such or not.
13.4 Should the Company agree to accept Dangerous Goods for carriage:
13.4.1 The CLIENT shall furnish with the Goods a written declaration of their nature and content;
13.4.2 such declaration shall define the precise respects or circumstances in which the goods are dangerous; and
13.4.3 the CLIENT shall ensure that the Goods shall be properly and safely packed by the CLIENT and shall bear the warning labels and declarations required in terms of the laws and regulations applicable to the transportation of Dangerous Goods, including without limiting the generality of the foregoing Regulations of Hazardous Chemical Substances, 1995 published in terms of Section 43 of the Occupational Health and Safety Act 85 of 1993 and the requirements of the Road Traffic Act 29 of 1989.
13.5 If in the opinion of the COURIER any goods, whether they have been declared as dangerous or not, become a danger to any person or property, the COURIER shall be entitled immediately and without notice to the CLIENT to dispose of the Goods in question or to take such steps as it in it’s sole discretion deems prudent to avert danger. In such event the company shall:
13.5.1 not be liable under any circumstance for any loss or damage (whether direct or indirect or consequential) sustained by the CLIENT as a result of such disposal or other steps; and
13.5.2 still be entitled to recover from the CLIENT its remuneration for the carriage of those goods together with any costs incurred by it in disposing of them or taking other steps.
14.The CLIENT hereby consents to the jurisdiction of the Magistrate’s Court in terms of Section 28 of the Magistrate’s Court Act, No 32 of 1944 as amended, for all claims that the COURIER may have against the CLIENT. This clause does not preclude the right of the COURIER to institute any action in the Supreme Court of South Africa.
15.The parties choose as their domicilium citandi et executandi for the delivery of all Court processes and any other notices hereunder, the address which appear on the waybill.
15.1 This agreement constitutes the sole record of the agreement between the parties. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
15.2 No addition to, variation of, or agreed cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties.
15.3 No relaxation or indulgence which any party may grant to any other shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in future.
16.Each client has received notification regarding the implementation
of LCS THE COURIER online system www.lcsonline.co.za. All clients have received online communication regarding the use of the system for booking purposes. It is the responsibility of the THE CLIENT to ensure that they have received sufficient training or ensure that they do. The COURIER must ensure that they are available to offer online training as soon as possible. Should THE CLIENT not be sure of anything online www.lcsonline.co.za to contact THE COURIER for immediate assistance. It is the responsibility of the client to ensure that all bookings are loaded correctly on the online system and that all relevant reference file codes, case numbers and special instructions are recorded. All same day instructions that are received after 11:00 will be loaded as urgent same day and the urgent surge charge will apply. LCS takes no responsibility for incorrect, incomplete online applications completed by THE COURIER staff on behalf of THE CLIENT