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TERMS & CONDITIONS - INTERNET EXPRESS

"Internet Express" shall mean Internet Express (Pty) Ltd with registration number 1998/006356/07.

"Shipper" shall mean the Shipper/ Customer /Prospective Customer / Owner / Consignee / Sender or their agent for the shipment goods.

"Sub-contractor" shall mean any entity employed by Internet Express to render courier services alternatively aspects of courier service on behalf of Internet Express whether such service relates to
road, rail, air or sea transportation and shall include any employment for a portion of any aspect of journey as well as any aspect related to the rendering of courier services generally.

"Third-Party" shall mean any person or entity not a party to this agreement.

The conditions shall apply to the carriage/conveyance of the shipment or goods.

1. Internet Express is not a common or public carrier, its carriage is merely incidental to its other operations and it may refuse to accept for carriage any goods or class of goods. All goods accepted by Internet Express are dealt with subject to the conditions stipulated by Third-Parties including but not limited to carriers, warehouseman, Government Departments and all other parties into whose possession or custody the goods may pass, or subject to whose authority they may at any time be.
   
   
   
2. Subject to express prior instructions in writing by the Shipper, Internet Express reserves to itself complete freedom in respect of means, route and procedure to be followed in the handling and transport of goods including but not limited to the use of sub-contractors or third parties. In particular the use of the term "courier" in the description of services does not unless specifically otherwise stated, imply that goods will be accompanied by an individual at any or all stages of transit.
   
   
   
3. Quotations are given on the basis of immediate acceptance and subject to the right of withdrawal or automatic increase or decrease accordingly. If any changes occur in the rates of freight, service guarantee premium or other charges applicable to the goods, quotations and changes shall be subject to revision accordingly with or without notice. Should your parcel exceed the quoted actual mass by the volumetric weight, Internet Express will charge out accordingly for the difference.
   
   
   
4. The Shipper of any goods, and their agents, if any, shall be deemed to be bound by and to warrant the accuracy of all descriptions, values and other particulars furnished to Internet Express for Customs, Consular and other purposes.
   The Shipper shall be deemed to have indemnified Internet Express against any losses; damages, expenses and any fines arising from any inaccuracy or omission due to any negligence on the part of the shipper.
   
   
   
5. The Shipper shall be liable for any duty, tax, import or outlays of whatsoever nature levied by the authorities at any port or place in connection with the goods, and for any payments, fines, expenses, loss or damage incurred or sustained by Internet Express in connection therewith. The shipper indemnifies and holds Internet Express harmless against any payments made to the authorities.
   
   
   
6. CONSEQUENTIAL DAMAGES EXCLUDED. Internet Express shall not be liable, in any event, for any consequential or special damages or other indirect losses, as a result of any omission by Internet Express, its servants, sub-contractors, agents or independent third parties, however arising, whether or not Internet Express had knowledge that such damage might be incurred, including, but not limited to loss of income, profits, interest, utility or loss of market.
   
   
   
7. Without prejudice to clause 7, the liability of Internet Express for any loss or damage to the shipment (which term shall include all documents or parcels consigned to Internet Express) is limited to the Lesser of:
   
   
   1. R100-00
   2. The amount of loss or damage to a document or parcel actually sustained, or
   3. The actual value of the document or parcel with regard to its commercial utility or special value to the Shipper
   
   
   
8. If the transportation of any consignment involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and the Convention governs. In most cases this further limits the liability of Internet Express in respect of loss of damage to such consignments.
   
   
   
9. "Packaging" - the Shipper of the goods warrants that all goods have been properly and sufficiently packed and / or prepared. The Shipper indemnifies Internet Express against all damage to the Shipper’s goods arising from the improper packaging of its goods.
   
   
   
10. In the event that Internet Express suffers any damage to its vehicles, equipment, warehouse facilities, staff alternatively that of its sub-contractors as well as the goods of any other client of Internet Express, the Shipper will be liable for all damage resulting therefrom.
    
    
    
11. No obligation whatsoever exists or will exist upon Internet Express to make any claims on behalf of the Shipper arising out of any claim, which the shipper might have against any third party.
    
    
    
12. The Shipper shall be deemed to have indemnified Internet Express against all liabilities whatsoever suffered or incurred by Internet Express arising directly or indirectly from, or, in connection with the Shipper’s instructions or their implementation by Internet Express or their sub-contractors in regard to the goods and in particular in respect of any liabilities to third parties.
    
    
    
13. There shall be no waiver following any relaxation of Internet Express rights.
    
    
    
14. SERVICE GUARANTEE
    
    
    1. Unless requested to do so in writing, Internet Express shall be under no obligation to effect Service Guarantee in respect of any consignment.
    
    
    2. If requested to do so in writing, Internet Express shall insure a consignment for the value stipulated by the Shipper, subject however to the usual exceptions, conditions and stipulations as to excess deductions of Internet Express open policy. Any Third-Party shall not be obliged to effect a separate Service Guarantee policy in respect of a consignment.
    
    
    3. Internet Express reserves the right to reject any Service Guarantee claim which is not notified to it within seven days (7) after delivery of the consignment, or the due date upon which the consignment should have been delivered in the terms of the contract.
    
    
    4. Notwithstanding anything contained in this clause, no Service Guarantee cover will be effected for consignments dispatched on a POD basis.
    
    
    5. If Internet Express service provider disputes liability for a claim, for any reason, the Shipper shall have no recourse against the Internet Express or its sub-contractors.
    
    
    
    
15. Internet Express will notify Shippers from time to time of any materials, which are not acceptable by Internet Express for carriage. Internet Express reserves the right to inspect the documents or goods, consigned by its Shippers to ensure that all documents or goods are capable of carriage to the destination within the standard operating procedures and handling methods of Internet Express. In making this reservation, the Internet Express does not warrant that any particular item to be carried is capable of carriage and delivery without infringing the law of any country or state from, to or through which the item may be carried.
    
    
    
16. It is the sole responsibility of the Shipper to address adequately each consignment of documents or goods to enable effective delivery to be made. Internet Express shall not be liable for delay in forwarding or delivery resulting from the Shipper’s failure to comply with its obligations in this respect.
    
    
    
17. Internet Express will not carry dangerous, hazardous, combustible or explosive materials, gold and silver bullion, coin, dust, cyanides, precipitates or any form of uncoined gold and silver ore, bullion, platinum and other metals, precious and semi-precious stones including commercial cartons or industrial diamonds, currency (paper or coin) of any nationality, negotiable securities, stocks, bonds, certificates, uncancelled postage or revenue stamps, war savings or thrift stamps, blank or endorsed bank cashier's cheques, money orders or traveller's cheques, letters, antiques, pictures, livestock or plants, plans & designs, patterns, manuscripts and furs and in the event that any Shipper should consign any of the above items with Internet Express, the Shipper shall indemnify Internet Express for all claims, damages and expenses arising in connection therewith and Internet Express shall have the right to deal with such items as it shall see fit including the right to abandon carriage of the same immediately upon Internet Express having knowledge that such item infringes these conditions.
    
    
    
18. A 10 % handling fee will be levied for cancellations and deducted from the refund.
    
    
    
19. MATERIALS ON THE WEBSITE
    The material contained on the Internet Express Website is for information only and does not constitute advice or a recommendation of any nature, to the extent that information displayed on this Website relates to the services or prices of any courier or costs related to any services, the Shipper acknowledge that this information may not be accurate or complete.
    
    The Shipper further acknowledges that any assessment or reflection of the performance, suitability or reliability of any courier or service does not mean that such performance will be repeated or should be relied upon in any way. Any of the information, services or products on this Website may be changed by Internet Express without notice.
    
    The Shipper further acknowledges that all time frames quoted by Internet Express on its website or through any other means are indicative of best case delivery times. Internet Express does not warrant that any delivery will be carried out within the quoted time frames and accepts no liability for any damage suffered due to a delay in delivery except in the case of gross negligence by Internet Express.
    
    
    
20. COPYRIGHT
    The contents of the Internet Express Website, including any software, icons, text, links, graphics, images, sound clips, trade names, logos, trade marks and service marks are protected by law, including but not limited to copyright, patent and trade mark law, and remain the property of Internet Express. Any unauthorised use of the contents, information or materials on the Internet Express Website is prohibited.
    
    
    
21. DISCLAIMERS
    This Website is provided to the Shipper "as is". While Internet Express makes every effort to ensure that the contents of the Website are accurate and complete, Internet Express makes no representation or warranty, whether express or implied, as to the operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website.
    
    Any person who accesses the Website or relies on the Web site or on the information contained in the Website does so at their own risk.
    
    Internet Express further makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardize the operation or content of a computer system, computer network or the Shipper’s hardware or software. The Shipper accepts all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardize the operation or content of a computer system, computer network or your hardware or software. Internet Express does not accept any responsibility for any errors or omissions on the Website.
    
    Internet Express reserves the right to alter any weights or dimensions that are entered into the Website incorrectly, and charge out accordingly.
    
    
    
22. HOLIDAY PROMOTION 2016
    
    For the holiday period Internet Express has decided to offer 2 different promotions to clients. The Internet Express Holiday Promotion 2 is valid from 17 November to 16 December 2016.
    
    Holiday Promotion 1 - is only valid for all domestic EXPRESS based services to local, major and regional centers within South Africa. Delivery times as well as chargeable mass limitations for the express services are applicable as per www.internetexpress.co.za/our-services/south-africa
    
    The Holiday Promotion 1 rate caters for packages between 0 – 2kg’s. The standard rate per kg thereafter will be billed for parcels exceeding 2kg’s.
    
    
    1. Local centers include collections and deliveries within the same metropolitan area of the major center. E.g. Johannesburg to Johannesburg, Cape Town to Cape Town.
    
    
    2. Major centers apply to collection and deliveries between the following centres: Johannesburg, Pretoria, Cape Town, Durban, Kimberley, Port Elizabeth, East London, George, Nelspruit, Pietersburg/Polokwane and Bloemfontein.
    
    
    3. Regional centers are towns or cities in South Africa that are not catered for via a daily flight schedule, these are generally areas that fall outside of the major centers above. All regional areas will have a delay in the delivery time as most of these areas are not serviced daily.
    
    
    Holiday Promotion 2 - is only valid for our ROAD FREIGHT based service to and from certain major centers within South Africa. These include:
    
    
    1. Johannesburg
    
    
    2. Pretoria
    
    
    3. Durban
    
    
    4. Cape Town
    
    
    5. Port Elizabeth
    
    
    
    All costs are inclusive of VAT and the variable fuel levy.
    There will be a 5 – 10 working day turnaround time.
    This service will only be applicable to registered users on our website, www.internetexpress.co.za
    
    The Holiday Promotion 2 rate caters for packages between 0 – 10kg’s, thereafter R5.00 per kg will be billed for if the parcel/s exceed the 10kg limit.
    
    Internet Express standard Terms and Conditions apply.
    
    A nominal premium of either R10 or R20 will be levied for Service Guarantee cover. The amount charged is dependent on the value that will be Service Guarantee. A minimum amount of R10.00 will be levied.
    
    Second hand items will only be Service Guarantee against total loss and not against damages. All new items must be in their original packaging during transport.
    
    Courier shipments are charged on the greater of actual mass or volumetric weight, both measured in kilograms. The measurement of actual mass is made by way of a scale. The measurement of volumetric weight is made by way of a calculation that converts the volume (i.e. size of parcel) into a kilogram equivalent.
    
    The volumetric conversion factor for Express is 5000.
    
    The Holiday Promotion rates are all inclusive (variable fuel levy and VAT)
    
    promotion rates only apply to registered users and not account holders.