Legal

Banking Details

Bullet Absa Bank
Bullet Account number : 40-7798-4483
Bullet Branch code : 632-005
Bullet Account type : Small Business
Bullet Company registration : 2011/045966/23


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FeinFreight Conditions of Contract

(Reference to Feinfreight herein shall include its agent, sub-agent, employee, contractor or associate)

Bullet Feinfreight is irrevocably authorised to appoint agents, sub-agents, independent contractors or associates in its sole discretion to perform any or all Feinfreight obligations in terms of the contract.
Bullet Feinfreight shall not be liable for any loss, damage or expense of whatever nature and howsoever occurring and whether arising directly or indirectly from any act of omission ascribable to Feinfreight in terms of the contract.
Bullet Feinfreight shall procure insurance in respect of the risks assumed by the client in terms of the contract only in the event of Feinfreight being instructed thereto in writing by the client prior to conclusion of the contract in which event the client shall, in addition to the contract cost, be liable for all costs of and incidental to such insurance.
Bullet Feinfreight and the client agree that Feinfreight shall not constitute or be deemed to constitute a bailee or depositary and that no strict liability shall attach to Feinfreight in the performance of any act or omission in terms of the contract.
Bullet All additional costs not anticipated by Feinfreight and arising directly or indirectly from taxation, duties, surcharges, fiscal imposts, warehousing, and all other like or similar charges shall be payable by the client in addition to the agreed contract price on demand.
Bullet Except where undertaken in writing specifically address to the client, Swifline accepts no liability whatever in respect of late or non-delivery of any parcel, person or thing in terms of the contract.
Bullet The client warrants unto and in favour of Feinfreight that no law is breached or transgressed in the conveyance of any parcel, person or thing pursuant to the contract and that the performance of Feinfreight’s obligations in terms of the contract shall not cause it any loss, damage or expense.
Bullet Notwithstanding ownership of any parcel or thing the subject matter of the contract. Feinfreight and the client agree that Feinfreight shall have and retain a lien over such parcel and thing until such time as Feinfreight either part with possession thereof voluntarily or payment is made of the contract price by the client, whichever is the earlier date.
Bullet Feinfreight shall in its sole discretion be entitled to retain the benefits of any discounts obtained and to be paid and retain all brokerage, commission, allowances and other remuneration of whatever nature and shall be obliged to disclose same or account to the client for any such remuneration received by it, nor shall Feinfreight be obliged to pass on to the client the benefit of any reduced tariffs.
Bullet All invoices, debit notes and statements produced by Feinfreight shall be payable on presentation unless other credit arrangements have been effected between Feinfreight and the client in writing.
Bullet All unpaid and overdue invoices, debit notes and statements shall bear interest from the due date to date of payment, both dates inclusive, at the rate of 2% (two per centum) per month calculated monthly in advance and capitalised at the end of such month.
Bullet In the event of any dispute (whether legal or otherwise) between Feinfreight and the client regarding the extent of the client’s indebtedness to Feinfreight, a certificate issued by any manager (whose authority and/or status shall not have to be proved) of Feinfreight shall be prima facie proof of the contents thereof and admissible as evidence in any legal proceedings.
Bullet In the sole discretion of Feinfreight, its shall be entitled to institute legal proceedings against a client in the Magistrate’s Court otherwise having jurisdiction despite the fact that the subject matter of such proceedings may otherwise exceed the jurisdiction of a Magistrate’s Court.
Bullet In the event of Feinfreight instituting any legal process for recovery of sums due from a client, the client accepts liability for and undertakes to pay Feinfreight’s costs reckoned on a scale as between an attorney and his own client as an agreed scale of tariff applicable to such proceedings.
Bullet No agreement at variance with what is contained in Feinfreight Conditions of Contract shall be of any force or effect unless such agreement is reduced to writing and signed by both Feinfreight and the client.
Bullet The contract (including Feinfreight Conditions of Contract) shall be governed by and construed in accordance with the law of South Africa notwithstanding the fact that any other court or legal process may have a jurisdiction to adjudicate any dispute between Feinfreight and its client.
© 2012 Fein Freight