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Copyright 2012. Zimtransit
1. The Contract between the person requesting freight services and Zimtransit.
a. We are not a common carrier and will be engaging third party carriers to carry your items. They may refuse to handle, transport or store items for you for any reason whatsoever and if they do you agree we will not be liable to you in any way whatsoever.
b. The terms of this Contract cannot be waived or varied except by written agreement between the parties.
c. By items we mean:
i. any items accepted from you or on your behalf;
d. By services we mean all services supplied to you in any capacity, including as forwarding agent, shipping agent, forwarder, storer, carrier or bailee:
ii. any other items we pick up with those items
1. We may subcontract part or all of our obligations on any terms.
2. Any third party subcontractor engaged by us may in turn subcontract part or all of their obligations on any terms. You agree that:
a. our employees, agents and subcontractors have the benefit of this Contract as if they were parties to it; and
b. we hold that benefit on trust for them and can, if requested by them, enforce it on their behalf.
Payment for Services
a. Our charges are based on the greater of the actual weight or volume of the items. For the purposes of calculating weight we round up to the next whole kilogram.
b. You must pre-pay the charges relating to the transport of the items.
c. In addition to freight we may charge you for:
i. any additional expenses we incur as a result of any, incorrect declaration by you of the, weight, dimensions , description or packaging of the items, and/or pick up or destination of the items;
ii. any storage charges or other charges or expenses we incur in relation to the items (these may include Customs duties, VAT, Clearing Surcharges, Administration Fees, Poor packaging etc).
d. You guarantee to pay any additional charges within seven (7) days of notification. Should you fail to pay these additional charges in full within 7 days of notification, you agree to pay an accounting surcharge of 20% of the gross value of the total overdue amount, together with interest at a rate equivalent to the Commonwealth Bank prime rate on the date, plus one (1) percent, to be calculated on a daily basis from the first date of the account becoming overdue until payment is made in full, or until Judgement, as the case may be. We reserve the right to use funds from future bookings as pay off to any outstanding amounts.
e. We are entitled to retain and be paid all commissions, allowances and remuneration paid including those customarily paid by or to forwarding agents, shipping agents, forwarders, storers, carriers or bailees.
3. Some of your promises
a. Your promises are important because if they are incorrect we may, for example, be fined for unlawfully transporting the items.
b. You warrant to us and the persons referred to in clause 3 that:
i. you alone own the items, or if there are other owners you act as their agent and they agree to handling, transport and storage of the items on the terms of this Contract;
ii. you will indemnify us against any loss we may suffer whatsoever under this agreement as soon as we receive any written notice of claim in connection with this Contract or the handling, transport or storage of the items from any person other than you (including the sender where you are not also the sender);
iii. you have completed this Contract accurately;
iv. the items are packaged to withstand handling, transport and storage and the proper consignment-label/s are printed and stuck to the items prior to the pickup time;
v. you have complied with all laws in connection with the items to ensure that they can be lawfully handled, transported and stored;
vi. you have not asked us to handle, transport or store the items in any way that could be unlawful;
vii. you agree to only send items that are properly packaged and send items that we can transport. If you are found to send (or inappropriately package) items that do not comply (see our FAQ sections), the items will be returned to you or you may be asked to pickup the items from a transport depot and you will forfeit the freight charges paid;
viii. you will not sue any person referred to in clause 3 for anything arising in connection with this Contract or the handling, transport or storage of the items; and;
ix. you will indemnify us for any loss or damages whatsoever caused to any person, including you as a result of your breach of this Contract
It is agreed that the indemnities in this paragraph will operate irrespective of whether any loss or damages arises from a wilful, deliberate or unauthorized act or omission by us or by any of the persons referred to in clause 3.
4. If Items are Dangerous
a. Items are “dangerous” if they are classified by either the IATA Dangerous Items Regulations or the Australian/Zimbabwean Dangerous Items Code or if they might injure or damage people, property or the environment. They include items that are or may become poisonous, corrosive, volatile, explosive, toxic, flammable or radioactive.
b. You promise to tell us if the items are dangerous.
c. You understand that we will not carry any class of dangerous items.
5. You give us authority to:
a. use any method for handling, transporting or storing the items. We will give priority to any instructions given by you, but if such instructions cannot be followed you give us your authority to use another method;
b. deviate from any usual route of transport or place of storage;
c. claim a general or particular lien over the items, and any documents relating to them for outstanding payments relating to those items which have been, or are to be, handled, transported or stored on your behalf;
d. sell any items held by us for outstanding payments by public auction or private sale without any notice to you.
Pick-up service is a courtesy gesture provided by Zimtransit, to regular customers around Sydney. The service is chargeable; however Zimtransit has no obligations whatsoever to provide this services to clients.
a. If delivery service is requested, Zimtransit will attempt to deliver to the address nominated by you. Delivery is deemed to be effected when:
i. we receive a signed receipt or delivery docket, and/or
b. The goods shall be handed over to the specified recipient. Only though documentation & confirmation from the sender will the items be handed over to a different person. The recipient is entirely responsible transporting items from delivery warehouse.
ii. if that address is unattended, delivery is deemed to have occurred and we may leave the items at that address unattended, and/or
iii. if the address of delivery is unattended and we elect to re-deliver items to you, the receiver or a third party/address, we will charge you for the costs of the re-delivery including any storage costs we may incur. You guarantee to pay any additional charges within seven (7) days of notification; d) a depot or regional agent does not service a regional location and the receiver must pickup from the local depot.
iv. We will not in any circumstance deliver items to a post office box.
v. A 'door to door' service is not possible in some locations throughout Zimbabwe. (e.g. farms, addresses outside of regional towns, etc.)
vi. Also, if items are too heavy or large and a driver cannot safely pickup or deliver the items on their behalf, the consignment must be dropped off or picked up from a container depot by the client. Costs for this are to be borne by the client.
a. You are entirely responsible for insuring the items we transport.
b. If you fail to insure such items we are not to be held liable to you in any way under the Contract.
9. All other liability to you
a. Services are supplied at your risk. You always bear all risk of loss or damage arising in connection with the items at any time under this Contract.
b. We and the persons referred to in Clause 3 are not liable for any delay, loss or damage arising from the supply of or failure to supply services (including loss of, deterioration in, mis-delivery of, or failure to deliver, items), for any reason whatsoever including breach of Contract, negligence, breach of duty as bailee, or our wilful act or default, and the provisions of the Trade Practices Act and any other Act of Parliament or Law are modified accordingly. In the event there is any liability then, such claim must be made within seven (7) days of delivery and it is agreed that any such liability shall be limited to the price paid for the services rendered, and no other damages, monies payable and/or claims shall be paid.
c. Clause (11a) and (11b) also apply in respect of claims for any loss or damage including without limitation indirect, incidental, special or consequential damage and damage for loss of profits caused to you under this Contract.
d. We reserve the right to refuse transportation of any items (particularly if items are not packaged appropriately).
e. Clause (11a) and (11b) also apply in respect of claims for any loss or damage including without limitation indirect, incidental, special or consequential damage and damage for loss of profits caused to you under this Contract.
f. We reserve the right to refuse transportation of any items (particularly if items are not packaged appropriately).
10. Customs Clearing
Zimtransit has no control over Customs duties charged on clients items, however we will endeavor to work in the interest of our Clients to keep this cost down without making any guarantees.
a. Zimtransit will send customs duty invoices only when the customs duty has been determined by ZIMRA. It is the responsibility of the Client to:
11. Laws & Regulations
i. Ensure that all the items in the bags/box have been detailed and supplied to Zimtransit.
Zimtransit will not be liable to any costs incurred due to breach of the above conditions and will not be responsible for costs arising from ZIMRA tariff changes or other conditions associated with the clearing of the goods in Zimbabwe. Zimtransit may advise Clients on issues relating to freight, packaging and customs clearing but the Client has a responsibility to research the procedures and process before taking any action.
ii. The correct value and weight of the items is correctly determined.
iii. Correct documentation required by Zimra (Charity, Capital goods etc) is presented to Zimtransit well before the container is cleared.
iv. Inhibited goods are not included in any consignment.
These conditions are governed and must be construed under the laws of the State of New South Wales and the parties submit to the exclusive jurisdiction of the courts of that State. This Contract states the terms on which we will supply services to you. In this Contract, you are our client, i.e. that person engaging our services.