IMPORTANT NOTICEWhen ordering VINNIE’S CAPE ROAD COURIERS’s (t/a UP CLOSE TOURS CC) services you, as “Shipper”, are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment, that the Terms and Conditions shall apply from the time that VINNIE’S CAPE ROAD COURIERS accepts the Shipment unless otherwise agreed in writing by an authorised officer of VINNIE’S CAPE ROAD COURIERS.“Shipment” means all documents or parcels that travel under one waybill and which may be carried by any means VINNIE’S CAPE ROAD COURIERS chooses, including road or any other carrier. A “waybill” shall include any label produced by VINNIE’S CAPE ROAD COURIERS automated systems, waybill, or consignment note and shall incorporate these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then any insurance of the goods is for the Shipper’s cost. “VINNIE’S CAPE ROAD COURIERS” means any member of the VINNIE’S CAPE ROAD COURIERS courier team.1. Customs, Exports and ImportsVINNIE’S CAPE ROAD COURIERS may perform any of the following activities on Shipper’s behalf in order to provide its services to Shipper: (1) complete any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations, (2) act as Shipper’s forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and (3) redirect the Shipment to Receiver’s import broker or other address upon request by any person who VINNIE’S CAPE ROAD COURIERS believes in its reasonable opinion to be authorised.2. Unacceptable ShipmentsShipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if:it is classified as hazardous material, dangerous goods, prohibited or restricted articles by ADR (European Road Transport Regulation on dangerous goods), any applicable government department or other relevant organisation;it contains counterfeit goods, animals, bullion, currency, banderols/tax stickers, bearer form negotiable instruments, precious metals and stones; real or imitation firearms, parts thereof, weapons, explosives and ammunition; human remains, pornography or illegal narcotics/drugs),it contains any other item which VINNIE’S CAPE ROAD COURIERS decides cannot be carried safely or legally, orits packaging is defective or inadequate. 3. Deliveries and UndeliverablesShipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver’s address given by Shipper (which in the case of mail services shall be deemed to be the first receiving postal service) but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. If the Shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay for delivery, VINNIE’S CAPE ROAD COURIERS shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold by VINNIE’S CAPE ROAD COURIERS without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to Shipper.4. Inspection VINNIE’S CAPE ROAD COURIERS has the right to open and inspect a Shipment without notice.5. Shipment Charges VINNIE’S CAPE ROAD COURIERS’s Shipment charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by VINNIE’S CAPE ROAD COURIERS to confirm this calculation. Shipper shall pay or reimburse VINNIE’S CAPE ROAD COURIERS for all Shipment charges, ancillary charges, duties and taxes owed for services provided by VINNIE’S CAPE ROAD COURIERS or incurred by VINNIE’S CAPE ROAD COURIERS on Shipper’s or Receiver’s or any third party’s behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport as described in Section 2.6. VINNIE’S CAPE ROAD COURIERS’s Liability VINNIE’S CAPE ROAD COURIERS’s liability is strictly limited to direct loss and damage only and to the per kilogram limits in this Section 6. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to VINNIE’S CAPE ROAD COURIERS’s attention before or after acceptance of the Shipment. VINNIE’S CAPE ROAD COURIERS’s liability in respect of any one Shipment transported, without prejudice to Sections 7-11, is limited to its actual cash value and shall not exceed:R120 per kilogram for Shipments transported by roadClaims are limited to one claim per Shipment settlement of which will be full and final settlement for all loss or damage in connection therewith. If Shipper regards this limit as insufficient it must make a special declaration of value submit to VINNIE’S CAPE ROAD COURIERS management team within the time limits for claims referred to in Section 7, failing which Shipper assumes all risks of loss or damage. 7. Time Limits for ClaimsAll claims must be submitted in writing to VINNIE’S CAPE ROAD COURIERS within thirty (30) days from the date that VINNIE’S CAPE ROAD COURIERS accepted the Shipment, failing which VINNIE’S CAPE ROAD COURIERS shall have no liability whatsoever.8. Shipment Insurance VINNIE’S CAPE ROAD COURIERS cannot arrange insurance for the Shipper in respect of loss of or physical damage to the Shipment, all insurance is for the Shipper’s account.9. Delayed Shipments VINNIE’S CAPE ROAD COURIERS will make every reasonable effort to deliver the Shipment according to VINNIE’S CAPE ROAD COURIERS’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. VINNIE’S CAPE ROAD COURIERS is not liable for any damages or loss caused by delays.10. Circumstances Beyond VINNIE’S CAPE ROAD COURIERS’s Control VINNIE’S CAPE ROAD COURIERS is not liable for any loss or damage arising out of circumstances beyond VINNIE’S CAPE ROAD COURIERS’s control. These include but are not limited to:- electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to VINNIE’S CAPE ROAD COURIERS; any act or omission by a person not employed or contracted by VINNIE’S CAPE ROAD COURIERS - e.g. Shipper, Receiver, third party, customs or other government official; “Force Majeure” - e.g. earthquake, cyclone, storm, flood, fog, war, plane crash or embargo, riot or civil commotion, industrial action.11. Shipper’s Warranties and IndemnityShipper shall indemnify and hold VINNIE’S CAPE ROAD COURIERS harmless for any loss or damage arising out of Shipper’s failure to comply with any applicable laws or regulations and for Shipper’s breach of the following warranties and representations:all information provided by Shipper or its representatives is complete and accurate;the Shipment was prepared in secure premises by Shipper’s employees;Shipper employed reliable staff to prepare the Shipment;Shipper protected the Shipment against unauthorised interference prior to the collection and transportation by VINNIE’S CAPE ROAD COURIERS;the Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling;all applicable laws and regulations have been complied with; andthe waybill has been signed by Shipper’s authorised representative and the Terms and Conditions constitute binding and enforceable obligations of Shipper.12. RoutingShipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.13. Governing LawAny dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of VINNIE’S CAPE ROAD COURIERS, to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.14. SeverabilityThe invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.15. Miscellaneous VINNIE’S CAPE ROAD COURIERS includes VINNIE’S CAPE ROAD COURIERS trading as UP CLOSE TOURS CC, Reg. No. CK 1994/014037/23 and Unacceptable Shipments include any shipment falling within the Hazardous Substances Act 15 of 1973, the Explosives Act 26 of 1956, or the National Road Traffic Act 93 of 1996.