Goods In Transit Agreement

Definitions

1. Agreement means this agreement between the Company and the Customer in respect of the Goods in Transit insurance offered by the Company to the Customer.
2. Business means all business activity undertaken by the Company on behalf of the Customer.
3. 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.
4. Company means Cargobarn Logistics CC with CK number CK2009/094140/23 and any parent, subsidiary, or affiliated company and, for the purposes of these terms shall include any representative companies, sub-contractor companies or any other delegate company(ies) which Cargobarn Logistics CC elects, that may on appointment by the company provide any of the Services referred to in this agreement.
5. Goods means any goods and / or cargo handled, transported, or dealt with by or on behalf of or at the instance of the Company or which come under the control of the Company or its employees, agents, servants, sub-contractors or driver/s on the instructions of the Customer, and includes but is not limited to any movables, containers, pallets, packages, equipment or any other form of movable property whatsoever.
6. Party (ies) means either or both, as context requires, the Customer and the Company.
7. Person includes any natural person(s) and / or juristic person (s) in singular in and plural.
8. Service/s means the transportation service provided by the company to the customer in accordance with the parties agreement and in terms of the terms set out hereunder.
9. Writing includes any form of communication excluding verbal communication and includes but is not limited to communication made by way of Fax, E-mail, cellular communication platforms and registered post.
10. GIT means the company’s standard goods in transit cover. A copy of which may be requested from the company should the customer require.
11. He / She or any mention made in reference to any gender shall include the other gender and vice versa.
12. Freightguard means the Freightguard International group and reference made to Freightguard shall relate directly to the service offered by Freightguard being specifically a guarantee over the client’s goods should the client elect to partake in the program.

Policy

1. Terms other than those defined within this Agreement will be given their plain English meaning, and those terms, acronyms, abbreviations, and phrases known in the relevant industry to which this Agreement applies shall be interpreted in accordance with their generally known meanings in such industry.
2. This agreement seeks to supplement the Company’s Standard Terms and Conditions of Trade Agreement by superseding any terms set out in the Company’s Standard Terms and Conditions of Trade where “Goods in Transit and / or GIT” cover is concerned. Where a conflict between the Standard Terms and Conditions of Trade and this agreement arises where Goods in Transit and / or GIT is concerned, this agreement shall take preference and supersede the provisions set out in the Standard Terms and Conditions of Trade
3. The terms set out in this agreement are deemed to be applicable from the inception date, being the date on which the Company commenced providing services to the Customer or the date of signature hereof whichever is less recent than the other.
4. The terms of this agreement shall be reviewed every 12 months from the date of signature hereof.
5. The Parties agree that the Company shall always carry goods in transit (“GIT”) insurance to the amount of R2 000 000-00 (Two Million Rand) per one conveyance. In the event of a claim arising for whatsoever reason, this amount shall be divided among the claimants whose goods are on the vehicle proportionally. To this end, the parties agree as follows:
   1. The Company shall, in no way be responsible to the Customer in the event of the Company’s G.I.T repudiating the Customers claim for any reason whatsoever.
   2. The Company strongly suggests that the Customer obtain and secure its own GIT policy at its own cost for the movement of any goods by the Company on behalf of the Customer.
   3. Should the Customer fail, neglect or refuse to elect its own GIT policy. Then the GIT insurance policy offered by the company shall apply to the Customer and shall always be subject to the terms and conditions of such GIT insurance policy.
   4. The company shall, at the request of the Customer, provide to the Customer a copy of such policy which the Customer is expected to acquaint and familiarize itself with. The Customer must read and understand the terms of the Company’s GIT insurance policy and, upon signature hereof it is understood, agreed and accepted that the Customer has irrevocably and unconditionally been granted the opportunity to read, understand and acquaint itself with the Company’s GIT Insurance Policy and that it has exercised its rights in terms of this opportunity or alternatively waived such opportunity. Failure by the Customer to familiarize and acquaint itself with the provisions, terms and conditions of the Company’s GIT insurance policy and failure to act in accordance with such provisions, terms and conditions shall result in the Customer assuming sole responsibility for any risk involved in such failure and under these circumstances the Company shall be indemnified against the Customer in its entirety.
   5. Any claim against the Company by the Customer must be made, in writing within 7 (Seven) working days from the date upon which the incident resulting in such claim arising took place. Failure to notify the Company of a claim within 7 (Seven) working days may, at the Company’s discretion result in the Company and / or its agents, insurers or any other party associated thereto, rejecting the claim, or refusing to entertain the claim whatsoever.
   6. Should the client not elect to obtain its own Goods in Transit Insurance cover and should his / her / its goods not be of substantial value or not warrant the need for Goods in Transit Insurance cover, he / she / it may approach the Company to partake in the Company’s Freightguard programme which will be explained to the Customer by the Company and which will form its own limited liability agreement outside of this agreement. The “Freightguard” service is offered by the company as a value-added service independent of the standard service offered by the company to the customer and the terms of the Freightguard programme shall in no way interfere with, overpower, be confused with, or read together with any of the terms set out herein, nor shall the terms of the Freightguard service supersede any terms stipulated herein.
   7. In the event of a claim arising for whatsoever reason against the company’s Goods in Transit Insurance Policy, The Customer shall be responsible for the policy excesses as set out in the Insurance Policy which may be updated from time to time and which the Customer is expected to always remain familiar with.
6. This letter is valid for a period of 12 months from date of signature hereunder.
7. Any high value items may be subject to insurance limitations and such limitations are available upon request. Annexure A annexed hereto sets out the current excess rates.
8. No variations of these conditions shall be binding on the company unless recorded to writing and accepted by the Company and the Customer in writing