Delivery Information - RAM
Subject to this Agreement and against payment of the Service Costs, RAM agrees to receive and arrange for the provision of the Service to the Receiver in accordance with the information on the Waybill or return of the Shipment to the Shipper (or its nominee) when the Shipment was not delivered to the Receiver.
Any instruction from the Shipper to RAM to provide the Service shall be on a Waybill, duly completed and tendered with the Shipment.
Subject to 4, unless otherwise agreed in writing and signed by RAM, no other instructions, whether verbal or written shall be binding on RAM.
A Shipment under this Agreement shall be deemed to have been received into RAM or any TPA’s possession only upon –
the Shipment being received into RAM or the TPA’s physical possession; and
a receipt acknowledging acceptance being issued by RAM or the TPA and furnished to the Shipper by an expressly authorized RAM and/or TPA Personnel.
The Shipper is responsible for ensuring that the person furnishing such receipt is expressly authorized to do so by RAM or the TPA.
A signed receipt being given by the Receiver or the Shipper shall be sufficient evidence of delivery to the Receiver, or of a Shipment returned to the Shipper (or its nominee).
In the absence of gross negligence or other breach of duty by RAM or any TPA, a POD shall be sufficient evidence that the Shipment was delivered in accordance with the Agreement, in good order and condition, in an intact form, without any Loss and shall further constitute final and absolute release of all undertakings and obligations of RAM and/or any TPA.
SHIPPER’S WARRANTIES AND OBLIGATIONS
The Shipper expressly warrants that the Shipper ‐
is duly authorized to use RAM’s Website, provide the Instruction, obtain the Services and enter into this Agreement;
is of full legal age, or is emancipated or has guardian’s consent to enter into a contract being this Agreement and does not lack the legal capacity to enter into a binding agreement with RAM;
does not require the consent of a guardian or parent to competently agree to this Agreement.
is either the owner, or the authorized representative of the owner of the Property;
or the Receiver, at their own expense, have secured the necessary permits, franchises, licenses, or other authorities required to lawfully effect the exportation or importation of the Shipment to be transported between countries under this Agreement, prior to delivery of the Shipment to RAM or any TPA for the provision of the Service; and
The Shipper expressly warrants that ‐
none of the activities or operations requested by the Shipper in terms of this Agreement, is in any way linked to criminal, money laundering or terrorist activities; and
the Parcel is packaged, sealed, addressed and labelled as contemplated in 6.
The Shipper ‐
shall provide a complete and accurate description of the content of the Shipment on the Waybill;
shall be bound by and warrants the accuracy of all documents and information furnished to RAM for any purposes in terms of this Agreement;
shall never conceal or misrepresent any fact, matter or circumstance concerning the Property or any Shipment to be received by RAM and/or any TPA;
shall not submit or request RAM or any TPA to perform any Service in respect of any Property, if the provision of such Service is, or would be, or may be in violation of, or prohibited by, any Laws;
shall provide whatever further information may reasonably be required by RAM or any governmental or quasi‐governmental organisation with respect to the Shipment or any party interested in the Property. Shipments may be subject to security controls by air carriers and government entities, and RAM will submit to all required security controls. On behalf of the Shipper and/or the Receiver and all others with an interest in the Shipment, the Shipper consents to a search of any Shipment if and as required by any air carrier or government entity. The Shipper understands and agrees that RAM may be required to maintain copies of shipping documents in accordance with applicable Laws; and
understands that civil and criminal penalties, including forfeiture and sale, may be imposed for making false or fraudulent statements relating to the Property or any person who has or may have an interest in the Property or for the violation of certain applicable Laws.
PACKAGING AND CONTENTS OF THE SHIPMENT
The Shipper is solely responsible for and warrants and undertakes to ensure that –
prior to RAM and/or any TPA taking delivery thereof, each Parcel shall be properly and securely –
packaged, sealed, addressed and labelled in accordance with the custom and practice of the trade and in accordance with all applicable Laws;
packed so that the Property enclosed therein will not be susceptible to damage during the transport thereof by land or air;
the Property is properly placed and packed in each Parcel;
prior to RAM taking delivery thereof, the Waybill and the outside of each Shipment is clearly labelled with the name and address of the designated Receiver;
the Shipment is received by RAM and/or the TPA as specified in 4.4;
the Waybill shall contain the correct description of the Property contained in the Shipment which has been tendered for the Service.
The Shipper acknowledges and agrees that neither RAM nor any TPA shall be under any obligation to check the contents, packing, sealing, addressing or labelling of the Shipment or the Waybill.
Should any Parcel be received by RAM or any TPA other than in accordance with the provisions of this
then, except to the extent that RAM, the TPA and /or their Personnel acted with gross negligence or fraudulent intent, neither RAM nor any TPA nor any of their Personnel, shall be liable for any Loss sustained to any such Parcel or its contents.
Any flyers, document protectors, Waybills and labels which are necessary for the purposes of protecting, securing, labelling or tracking any Shipment shall be provided by the Shipper, all costs of which shall be for the account of the Shipper.
The Shipper undertakes and agrees that it shall –
6.5.1 NOT without RAM’s prior written consent, tender any Shipment containing any Restricted Items;
NOT tender any Shipment containing any Prohibited Items.
Should the Shipper, with RAM’s prior written consent and under special arrangements, tender Shipments containing Property of the nature referred to in 6.5.1 (Restricted Items), then the Shipper warrants that such –
Parcel shall be packed –
under and shall bear such warning labels as are required by all applicable Laws; and
in a manner so as to minimise additional risks to which such Parcel may be exposed.
The Parcel shall be accompanied by the necessary declarations and indemnities, if so required.
packaging, warning labels and declarations shall neither exempt the Shipper from the requirements of the relevant Laws, nor from any liability owing to damages caused to any person or property during the handling and transport of such Shipment.
Subject to RAM’s prior written consent, such Restricted Items shall be shipped via Road, the Shipper expressly acknowledging that such Restricted Items may not be carried via air cargo
Except to the extent that RAM the TPA and/or their Personnel acted with gross negligence or fraudulent intent, the Shipper indemnifies RAM, the TPA and/or their Personnel against any Loss arising from any Service for Shipments containing Property
Should the Shipper, for any reason whatsoever, fail, neglect or refuse to reveal that the contents of any Shipment containing Property of the nature referred to in 6.5, then RAM or the TPA may, after giving the Shipper 3 (three) days’ notice, destroy or otherwise deal with such Shipment as circumstances may demand. Neither RAM nor any TPA shall be liable to the Shipper for the value or
Loss of such Shipment and shall be entitled to claim from the Shipper the reasonable costs of dealing with such Shipment.
The Shipper undertakes and agrees that it shall not tender any Shipment for the Service containing goods not lawfully under its control or goods that are illegal or prohibited by Law.
Except to the extent that RAM the TPA and /or their Personnel acted with gross negligence or fraudulent intent, the Shipper indemnifies and holds RAM and/or any TPA and/or their Personnel harmless –
from any Loss arising from the Shipper’s failure to observe the terms of this 6;
from any criminal/civil or other proceedings that may ensue as a result of RAM and/or any TPA having any illegal Shipments and/or unlawfully held Shipments under its control, including all legal costs incurred by RAM and/or any TPA.
SERVICE COSTS AND PAYMENT
The Service Costs are payable in respect of the Services rendered by RAM to the Shipper having regard to the relevant Services the Shipper selects and specifies on the RAM Website and subsequently printed onto the Waybill.
The Service Costs do not include any other Services not selected and specified on the Waybill and RAM reserves the right to charge the relevant Surcharge for Services specified after the payment of the service Costs, including ‐
Incorrect Delivery Instruction Surcharge;
additional Surcharges pursuant to a Delivery Exclusion;
the Shipper paying the incorrect amount as a result of failure to disclose or incorrect disclosure of Volumetric Weight, Actual Weight and/or Chargeable Weight;
Applicable Service Costs
RAM will set out the Service Costs for the Services which apply on the date that the Shipper pays for the Services on the RAM Website.
The Service Costs shall be for the Services specified on the Waybill and the Invoice which shall be furnished to the Shipper.
Should the Shipper wish to change the Services or any part thereof, then in addition to paying an Administration Fee, the Service Costs may increase.
The Shipper acknowledges and agrees that it shall be liable to pay VAT on the Service Costs and other taxes imposed on RAM by the Relevant Authorities together with payment of the Service Costs payable to RAM.
When the Shipper completes the Waybill on the RAM Website, RAM will advise the Shipper about the Service Costs, Surcharges and Taxes payable to RAM and they will normally be shown separately to the Service Costs.
Taxes, fees and charges constantly change and can be imposed or altered after the date of issue of the Waybill. Should they change or if a new Tax, fee or charge is imposed after the Waybill has been issued, the Shipper will be liable for and will have to pay RAM the relevant increase.
RISK & LIMITATION OF LIABILITY FOR SERVICES
RAM shall only be liable, subject to exclusions and limitations contained herein, for any physical loss of or damage to a Shipment resulting from the gross negligence of RAM, occurring, while the Shipment is in the actual possession of RAM, which shall be deemed not to include any period of time the Shipment is in the care, custody or control of any designated private or commercial air carrier or airlines.
For the avoidance of doubt it is specifically recorded and agreed that, subject to 8.1, unless otherwise agreed in writing between the Shipper and RAM –
the Shipper acknowledges that the Shipper shall dispatch and RAM shall provide the Service/s solely at the Shipper’s risk;
neither RAM, nor RAM’s Personnel shall be liable for any Loss, save where such Loss is due to the gross negligence of RAM;
no insurance, liability option or other indemnity shall be provided by RAM to the Shipper in respect of any of the Services.
The Shipper shall, at its option, take out and maintain its own insurance in respect of the transport of its Parcels and the Services.
Subject to 8.5, the Shipper shall not be entitled to mark any Waybill with the annotation “Full Liability”, “Insurance” or any similar annotation and any such annotation shall not be binding on RAM unless same has agreed in writing between the Parties and the Liability Charge for such Full Liability Option have also been agreed.
RAM’s Full Liability Option shall only be available to Credit Approved Customers and shall in addition be subject to the Terms and Conditions contained in RAM’s Full Liability Schedule.
Notwithstanding anything to the contrary herein contained, neither RAM nor any TPA shall be liable under any circumstances whatsoever, for any of the Excluded Losses set out in Clause 9.
If, notwithstanding all of the foregoing, a court should nevertheless find that RAM or any TPA is liable to the Shipper in any way, such liability for any one Shipment shall not in any event exceed the lesser of the actual damage sustained or R500 (Five Hundred Rand), as the case may be.
RAM and/or any TPA’s liability for any Loss that occurs while the Shipment is in the care, custody or control of any designated commercial air carrier or airline, shall be governed and limited by the terms set forth in any air Waybill or other contract of carriage issued for the transportation of the Shipment, and may be subject to the Warsaw Convention/Hague Protocol/Montreal Convention, which governs and, in most cases, limits the liability of the air carrier in respect of loss, damage or delay to cargo unless a higher value is declared for air carriage in the relevant Section on the Waybill, in advance, by the Shipper and a supplementary charge is paid.
EXCLUSIONS, INDEMNITY & DISCLAIMER
Notwithstanding anything to the contrary herein contained, neither RAM nor any TPA shall be liable under any circumstances whatsoever, for any of the following Excluded Losses ‐
any loss of profit, liability, damage, shortage, claim, expense, penalty, fine and/or attorney and other professional fee and shall include of any kind whatsoever and howsoever arising or caused and whether direct, indirect, consequential or of an incidental nature and whether such Loss arises in contract, delict or otherwise;
loss, in relation to any Shipment or any document shipped therewith, unless due to gross negligence by RAM or any TPA or due to a material breach of any of their respective duties; or
non‐performance or delay, unless caused by RAM or any TPA's gross negligence or material breach of any their respective duties;
shortage or mysterious disappearance or unexplained Loss to the Property within any Shipment described herein; or
loss to any Shipment of illegal, Prohibited Property or Restricted Property;
loss arising from the negligence or wilful misconduct of the Shipper or its Personnel; or
loss to the Shipment or its contents resulting from–
ordinary leakage, ordinary loss in weight or volume, shrinkage, or ordinary wear and tear; or
inherent vice, defect or nature of the Shipment or its contents;
loss occasioned and/or caused by breach of, or the failure of the Shipper or its Personnel to comply with or fulfil any of its obligations and/or warranties under this Agreement to the extent such breach or failure interferes directly or indirectly, with the performance of RAM’s or any TPA’s obligations; or
loss resulting from the delivery of a Shipment to the Receiver despite a written special instruction on the reverse side to hold the Shipment until receipt of written release instructions from Shipper, it being recorded that the Shipper is prohibited from providing instructions on the reverse side of any Waybill;
loss resulting from the failure of the Receiver to pay any amount, including the value of the Property to the Shipper or any other party interested therein; or
indirect, consequential or incidental Loss, including without limitation, loss of business or profits incurred by the Shipper, pursuant to the performance of RAM’s Services;
loss to the contents of any Shipment where such Loss occurred as a result of the Parcel being opened and inspected by appraisers, security personnel, customs officials or relevant authorities or other governmental or quasi‐governmental authority; or
loss arising while the Shipment is not in RAM's or any TPA’s actual physical possession, and RAM and/or any TPA undertakes only to use reasonable care in the selection of carriers, armoured truck/couriers, customs brokers, agents, warehousemen and others to whom the Shipment may beentrusted for the Service in the performance of the Agreement; or
loss to the extent that such Loss is due to the Shipper failing to comply with its obligations provided in the T&C’s; or
loss to Parcels delivered unopened, intact and with no external signs of damage or tampering; or
loss arising from or as a result of the acts or omissions of the Shipper, including, without limitation loss pursuant to any of the Delivery Exclusions.
The Shipper hereby indemnifies RAM, any TPA and their Personnel against any Loss or claim of whatever nature which may be made against any of them arising out of any of the foregoing occurrences referred to in 8 and this 7, except to the extent that RAM, any TPA and /or their Personnel acted with gross negligence.
Copyright in all materials made available through the Service is owned by RAM and protected by both national and international intellectual property Laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of any such material will constitute an infringement of that copyright.
The trademarks, logos and service marks displayed on the service are registered and unregistered trademarks of RAM. Nothing contained in the service or on RAM’s Website should be construed as granting any licence or right to use any trademark, logos or service marks without the written permission of RAM.
It is contemplated by the Parties to this Agreement, that in connection with the exercise of its rights or fulfilment of its obligations, RAM and/or any TPA may, from time to time provide Services to, or have dealings with one or more Senders or Receivers (other than the Shipper).
The Shipper ‐
shall be solely responsible to any such Sender or Receiver for any Loss in relation to Property received into RAM and/or any TPA’s possession under this Agreement or with respect to any other Services to be provided hereunder; and
agrees to indemnify RAM and/or any TPA from and against any such Loss by any such Sender or Receiver;
is responsible for verifying the correctness of any document issued pursuant to this Agreement, for the Services to be provided in respect on any Shipment, and any errors and/or amendments, if required, shall be reported in writing to the office issuing such document by not later than on the next Business Day, failing which the correctness of such document shall be binding in accordance with the Agreement;
agrees to hold harmless and indemnify RAM and/or any TPA from any Loss arising from the Shipper's failure to comply with or provide information as required in this Agreement, except to the extent that RAM and/or any TPA acted with gross negligence or fraudulent intent.
RAM reserves the right to charge a reasonable fee for any Delivery Exclusion and / or additional work necessitated by any inaccurate, incomplete or out of date data or erroneous or incomplete Waybills supplied by or on behalf of the Shipper, where such work is necessary to enable RAM to render the Services in accordance with this Agreement.
Pending completion of the work contemplated in 11.3, neither RAM nor any TPA shall be liable for any consequential delay, failure or damages resulting from any Delivery Exclusion.
RAM and/or any TPA –
shall carry out any such additional work as expeditiously as possible in order to enable it to render the Services in accordance with this Agreement;
may redirect the Shipment to any other address upon request by any person who RAM believes, in RAM’s reasonable opinion, to be authorised to do so on the Shipper ’s behalf, in order to provide the Service to the Shipper .
RIGHT TO HOLD AND SUSPEND SHIPMENTS
The Shipper hereby grants to RAM the right to ‐ hold any of the Shipper’s Shipments which may be in RAM’s possession from time to time, for all sums due at any time by the Shipper to RAM, including sums due as a result of ‐
any Delivery Exclusion;
the Shipper paying the incorrect amount as a result of failure to disclose or incorrect disclosure of Volumetric Weight, Actual Weight and/or Chargeable Weight; sell such Shipments and use the proceeds to make good any debt due to RAM in accordance with applicable Laws.
RAM shall, without incurring any liability toward the Shipper , and until such time as all amounts owing to RAM have been paid together with interest accruing during the period payment of such sums was overdue, be entitled to retain possession of any Shipment/s and document/s and suspend the Shipment thereof.
CUSTOMS & SECURITY INSPECTION
The Shipper ‐
hereby grants to RAM the right to hold and submit the Shipment to security checks by Government and/or Airport Cargo officials and/or Security Personnel for Shipments carried by RAM;
shall provide RAM and/or any TPA with all accurate and complete documents, payments and information necessary for customs clearance;
shall be bound by and warrants the accuracy of all documents and information furnished to RAM and/or any TPA for customs purposes and for any other purposes in terms of this Agreement;
hereby authorizes RAM and/or any TPA to complete any document/s required to comply with the relevant Laws, should RAM or any TPA be required to clear a Shipment through customs.
RAM shall not be liable to the Shipper for any Loss suffered by the Shipper in the course of such inspection through the Shipper’s failure to comply with the provisions of this Agreement.
USING THIRD PARTY SERVICES AND VISITING THIRD PARTY WEBSITES
RAM employs other companies and/or individuals to perform functions on its behalf. Examples include receiving payments, processing credit card payment, payment gateways, use of sub‐contractors, including, armoured car/truck services, armed guard services, international couriers and/or commercial airlines/carriers.
These third parties have access to personal information required to perform their functions, but may not use it for any other purposes that have not been clearly defined by RAM.
By using RAM’s Website, the Shipper consents to RAM providing your personal information to these third party companies and/or individuals, in order to enable the Shipper to use of RAM’s Website and for RAM to provide the Services.
When the Shipper interacts with third party services available through RAM, RAM is not responsible for any actions or policies of such third parties and the Shipper should check all applicable policies of such party when providing personal information to them.
DOMICILE ADDRESS & COMMUNICATION
The parties hereto choose the following addresses as the address for serving of legal notices for all purposes of and in connection with this Agreement –
RAM 16 Wrench Rd, Isando,1609, South Africa
Shipper at the Shipper’s address stated on the Waybill
Any notice given or payment made by either party to the other ("addressee") which is delivered by hand between the hours of 09:00 and 17:00 on any Business Day to the addressee's physical address for the time being shall be deemed to have been received by the addressee at the time of delivery.
An e‐communication is deemed to have been sent –
by the Shipper, at the time at which RAM is capable of accessing such e‐communication;
by RAM, at the time shown on the e‐communication as having been sent or, if not so shown, at the time shown on RAM’s transmission logs as having been sent.
An e‐communication is deemed to be received ‐
by the Shipper, once it becomes capable of being retrieved;
by RAM, once RAM has confirmed receipt thereof to the Shipper or otherwise responded thereto, whichever occurs first.
The Shipper acknowledges and accepts that RAM shall be entitled at its sole discretion to monitor, intercept, record and use as evidence all telephone communications between the Shipper and RAM at any time.
RAM is an independent contractor and, as such, the Shipper shall not have any authority to bind or commit RAM.
Nothing in this Agreement shall be deemed or construed to create a joint venture, partnership or agency relationship between RAM and the Shipper for any purpose.
No Party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
This Agreement supersedes and replaces all prior agreements, commitments, undertakings or representations, whether oral or written, between the parties in respect of the subject matter hereof.
No addition to, variation, or consensual cancellation of this Agreement shall be of any force or effect unless in writing and signed by or on behalf of the Parties.
RAM reserves the right, in its sole discretion, to, and the User agrees that RAM may, amend this Agreement at any time, in any way and from time to time. RAM will give notice of and publish the amended terms through the Service. These amendments shall come into effect on the basis specified in the notice RAM gives of the proposed changes.
It is the User’s responsibility to review this Agreement regularly and to ensure that the User agrees with any amendments to this Agreement. If the User does not agree with any amendments to the Agreement, the User may no longer use the Services.
If any provision hereof is held to be unenforceable by any court of Law, such provision shall be severable from this Agreement and shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect.
This Agreement shall in all respects (including its existence, validity, interpretation, implementation, termination and enforcement) be governed by the Laws of South Africa which is applicable to Agreements executed and wholly performed within South Africa.
Consumer Protection Act
To the extent that the T&C’s or any Services provided under these T&C’s are governed by the Consumer Protection Act, 2008 (the "CPA"), no provision of these T&C’s is intended to contravene the applicable visions of the CPA, and therefore all provisions of the these T&C’s must be treated as being qualified,to the extent necessary, to ensure that the applicable provisions of the CPA are complied with.
Personal Information Protection / Website Privacy & Usage Policy
Please refer to RAM’s Website Privacy and Usage Policy on the processing of personal information and personal information protection.
The User hereby consents to the exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the Service, or these T&C’s or any matter related to or in connection therewith.
Subject to the CPA (if applicable), the User hereby consents and submits to the jurisdiction of the Magistrates’ Court having jurisdiction over its person in respect of all proceedings connected with this Agreement, notwithstanding that the amount claimed or the value of the matter in dispute exceeds such jurisdiction.
However, if the CPA does apply, then, unless the Magistrates’ Court has concurrent jurisdiction, RAM shall be entitled to institute all or any proceedings against the User in connection with these terms in any division of the High Court of South Africa and the User hereby consents and submits to the jurisdiction of that court.
Where a dispute is heard in the High Court of South Africa the User agrees that any costs awarded against the User be awarded or paid on the High Court Scale.
The Shipper will be liable for all legal costs, as may be permissible in law, in recovering any amount that the Shipper owes RAM.
No indulgence which any Party may grant to another shall constitute a waiver of any of the rights of the grantor, who shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past or which might arise in the future.
All notices, consents, advice or other communication by any Party to the other of them, shall be in writing and signed by the relevant party, and unless in writing and signed, shall be deemed not to have been given or made. A facsimile or transmission of a portable document format (“.pdf”) of a document asigned by a duly authorised Party shall be acceptable evidence that such document has been signed by the relevant duly authorised Party whose signature appears on the facsimile transmission or .pdf.
Wherever any provision in this Agreement requires any Party's consent, such consent shall only be valid and binding on the Parties if it is obtained beforehand and is in writing.
Without prejudice to any other provision of this Agreement, any successor‐in‐title, including any executor, heir, liquidator, judicial manager, curator, trustee or business rescue practitioner, of either party shall, to the extent permissible in Law, be bound by this Agreement.