1.    All and any business is undertaken and accepted by Intertown, subject to the conditions set out below and each and every condition set out below shall be deemed to be a condition of any agreement with Intertown.

2.    The sender enters into contract with Intertown and certifies that the particulars on the face hereof are correct and requests Intertown to receive and forward the specified cargo to the destination and to deliver it to the consignee in accordance with the conditions as set out hereunder.

3.    Cargo is accepted subject to the conditions stipulated by all other carrier and parties into whose possession of custody they must pass for the due fulfilment of the obligations of Intertown.

4.    Intertown shall not in any circumstances be liable for the loss of or damage to the cargo unless such loss or damage is due to the wilful act or wilful default of Intertown or its own servants.

5.    Intertown shall not in any circumstances be liable for any loss or damage suffered by the sender or the consignee attributable to a delay in delivery of non-delivery of the cargo due to whatever cause whether it be due to the default o Intertown or not.

6.    Intertown shall not in any circumstances be liable for any loss or damage whatsoever caused by the hazardous perishable, fragile or brittle nature of the cargo, nor for mechanical derangement of the cargo.

7.    Intertown shall not in any circumstances be liable for the scratching, cracking denting, chipping, bruising or breakage or other loss or damage to inadequately packed cargo handled by Intertown.

8.    The sender is obliged to acquaint itself with the transport regulations applicable to the carriage of dangerous or hazardous cargo, and to ensure that any cargo subject to those regulations bear the required warning labels and are accompanied by the necessary declarations.  The sender’s declaration as to the contents of a consignment on the waybill is not sufficient to discharge the sender’s obligation in this regard.  The sender indemnifies Intertown as a result of the presence of such cargo and further indemnifies Intertown against all claims made by third parties in respect of any loss.

9.    All occasions of loss, damage or non-delivery of any cargo must be reported to Intertown within 4 days from the date of the consignment and the report confirmed in writing within 14 days.

10.    In no case shall the liability of Intertown in any one consignment exceed the value of cargo for which the claim has been made against Intertown or R50.00 (R25.00 in the case of glass, ceramics, pottery, and/or cargo of similar or brittle nature), whichever is the lesser amount, whether the loss or damage suffered by the owner of the cargo is caused by or due to the neglect or default of Intertown or not.

11.    “To pay” consignments marked C.O.D or consignee account will be accepted by Intertown. the sender, however, will remain liable for all consignment charges and other lawful liable for all consignment charges and other lawful expenses due to Intertown should the said charges and expenses not be recovered from the consignee within 30 days from the date of the consignment or should the consignee default in payment for any reason whatsoever.

12.    All monies in respect of services rendered shall become due to Intertown on the day of delivery, subject to the terms and conditions of any credit advanced by Intertown. Payment due may be deferred or withheld for any reason whatsoever. In particular the lodging of a claim against Intertown by the sender or consignee to withhold any moneys due to Intertown.

13.    in Intertown is unable to effect delivery of the cargo as a result of the consignee’s refusal to accept the cargo, reasonable steps will be taken to return the cargo to the sender. The sender shall be responsible for the costs of carriage to and from the consignee and the costs of the attempted delivery. If Intertown is unable to effect the return of the cargo it shall be entitled to sell the cargo to defray costs after giving notice of such sale by registered post to the sender.

14.    Intertown shall have a lien over all goods as security for any moneys due in respect of this or previous consignments undertaken by Intertown on behalf of the sender or consignee.

 

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