3@1 Franchising (pty) ltd and
3@1 SEA POINT TERMS & CONDITIONS
3at1 Franchising (Pty) Ltd together
with its Franchisee 3@1 SEA POINT t/a 3@1 SEA POINT (hereinafter collectively
referred to as “3@1”) are committed to meeting their customers’ requirements in
respect of the services and products offered, in compliance with the Consumer
Protection Act No 68 of 2008.
These Terms and Conditions of use
(“T&C’s) apply to all 3@1 website and social media pages, including its
online trading site/s, the background technology, trademarks and logos
associated therewith, and all ancillary intellectual property, hereinafter
collectively referred to as the “3@1 Content”.
BY ACCESSING AND USING THE 3@1 SITE,
YOU AGREE TO THESE T&C’s.
IF YOU DO NOT AGREE, DO NOT USE THIS
SITE
Any reference to 3@1 shall include
3@1 Franchising (Pty) Ltd, its Franchisee: 3@1 SEA POINT, including their
employees, representatives, agents, service providers and/or related entities.
Any reference to “you”, “your”, “user/s”
shall means the individual or entity accessing and using this site, in whatever
capacity.
3@1 reserves the
right, at its sole discretion, to change, modify, add or remove portions of
these T&C’s, at any time. It is your responsibility to check these
T&C’s, from time-to-time, for changes. Your continued use of the site
following the posting of changes will mean that you accept and agree to the
changes. Provided you comply with these T&C’s, 3@1 grants you a personal,
non-exclusive, non-transferable, limited privilege to enter and use the site.
CONTENT
All text, graphics,
user interfaces, visual interfaces, photographs trademarks, logos, sounds,
artwork and computer code (hereinafter collectively referred to as “content”),
including but not limited to the design, structure, selection,, coordination,
expression, “look and feel” and arrangement of such content, contained on the
site is owned, controlled and/or licensed to 3@1, and is protected by
trademarks and copyright laws, together with other intellectual property rights
in terms of both South African Statute and Common Laws.
Except
where expressly permitted, no part of the site and no content may be copied,
reproduced, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted or distributed in any way (including “mirroring”) to
any other computer, server, web site or other medium for publication or
distribution or for any commercial enterprise, without 3@1’s express prior
written consent.
You may use the
information which has been specifically made available by 3@1, provided that
you:
- you only use the information provided in order to transact with 3@1;
- in
respect of information that may be downloaded, you only use such
downloaded information for your personal, non-commercial informational
purpose;
- do not
copy or post such information on any networked computer or broadcast it in
any media;
- make no
modifications to any such information;
- do not
make any additional representations or warranties relating to such
documents; and
- acknowledge
and honour 3@1’s copyright in respect of any
such downloaded information.
This site and the
contents herein are provided as a convenience to you. The contents are provided
on “as is” and “as available” basis. 3@1 does not warrant that its Web
pages will be uninterrupted or error-free. 3@1 reserves the right to
revise the pages or withdraw access to them at any time.
NO WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY,
RELIABILITY OR CONTENT OF THESE PAGES. 3@1 SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST
PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO
USE THIS SERVICE, EVEN IF 3@1 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR
LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY
TO YOU. THE LIABILITY OF 3@1 WOULD, IN SUCH CASE, BE LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
3@1 may include
links to sites on the Internet that are owned or operated by third parties. By
linking to such third-party site, you shall review and agree to that site’s
rules of use before using such site. You also agree that 3@1 has no
control over the content of that site and cannot assume any responsibility for
material created or published by such third-party sites. In addition, a link to
a non-3@1 site does not imply that 3@1 endorses the site or the products
or services referenced in such third party site.
By submitting
material to any of our servers, for example, by e-mail or via the 3@1 online
portal or social media pages, you agree that: (a) the material will
not contain any item that is unlawful or otherwise unfit for
publication; (b) you will use reasonable efforts to scan and remove
any viruses or other contaminating or destructive features before submitting
any material; and (c) you own the material or have the unlimited
right to provide it to us and 3@1 may publish the material free of charge
and/or incorporate it or any concepts described in it in our products without
accountability or liability (d) you agree not to take action against
us in relation to material that you submit and you agree to indemnify us if any
third party takes action against us in relation to the material you submit.
3@1 does not and
cannot review the content posted by users on its site and is not responsible
for such content. 3@1 may at any time at its discretion remove any content
posted by users.
Access obtained to
selected segments of the 3@1 Website by means of a Username and Password
combination may attract additional terms and conditions, to which the party
concerned agrees to on subscribing to the 3@1 Website or on requesting the
Username and Password combination.
Please contact 3@1
should you have any questions, comments or recommendations. Thank you.
PRIVACY
POLICY
You may
have provided certain of your personal information to 3@1, either in person,
electronically or via the 3@1 website or social media pages, for the purpose of
transacting with, entering, acquiring information or in any other manner engaging
with 3at1. For the purposes of this Policy, reference to 3@1 shall include all
current and legitimate 3@1 Franchisees.
All
personal information provided by you to 3@1 shall be protected in terms of this
Privacy Policy, and shall only be collected, stored and used for the purposes
for which it is provided, and shall not in any other manner be provided, sold
or distributed to any third party in contravention of any prevailing laws
governing the protection of personal information, including but not limited to
the Protection of Personal Information Act, No 4 of 2013.
This
Privacy Policy applies in general to the business conducted by 3@1 either from
franchised business premises or electronically or via the 3@1 website located
at url: www.3at1.co.za, or any other url operated by a 3@1 franchisee:
• By using the 3@1 website or any other electronic
transmissions, you acknowledge and agree that internet and/or electronic
transmissions are never completely private or secure. You understand that any
message or information you send to the website or to 3@1 may be read or
intercepted by others, even if there is a special notice that a particular
transmission (for example, credit card information) is encrypted,
notwithstanding the reasonable precautions implemented by 3@1;
• You warrant that you are authorised to provide
the personal information to 3@1, and that you have the legal capacity to do so,
and are over the age of 18, failing which your parents/guardians, as the case
may be, have consented to the submission of your personal information, and
further that the personal information has been provided for legitimate and
legal purposes;
• All personal information necessary to be
provided to 3@1 for the purpose of transacting with or via 3@1 shall be maintained in
the strictest confidence, and will not be disseminated, sold or otherwise
distributed to any third party, with the exception of providing certain
requisite reporting in accordance with specific legitimate legislative
requirements, or as set out here below. 3@1’s Standard Terms and Conditions of
Trading shall be further applicable to the transaction in respect of which the
personal information is provided, and you are specifically referred thereto.
• In those instances where 3@1 utilises the
services of third parties to provide products or services to you, 3@1 may be
required to share certain of your personal information with these third
parties. 3@1 shall limit the information provided, ensuring that they will only
disclose that information specifically necessary for the purposes of performing
the function that is required to such third party service/product supplier, whose particular Privacy Policies and/or Terms and
Conditions may also be applicable to you, and to which you are specifically
referred.
• 3@1 shall only retain your personal information
for so long as required in order to achieve the purpose for which it was
provided and/or for so long as it may be required to provide proof of the
service provided, and shall thereafter either de-identify or destroy the
personal information in a manner so that it will no longer be accessible by any unauthorised third party.
• 3@1 may use the personal information you have
provided for the purpose of conducting the required transaction, contacting
you, whether by way of mail, electronic mail, SMS or telephonic contact, for
transactional, security, communication or marketing purposes, but shall only do
so where you have agreed that we may do so.
• 3@1 shall always endeavour to only provide you with information that will be of interest to you.
• 3at1 shall always provide you with the option to
terminate, and/or unsubscribe from, all such further contact by 3at1.
ONLINE
TRADING
3@1 have developed an Online
Trading facility, offered and managed by its approved Franchisee, 3@1 SEA POINT.
3@1’s General Terms and Conditions of Sale, which constitute the sole
agreement between you and 3@1, and in terms of which all online trading is
conducted, are set out below. If you have any queries, concerns or complaints,
or if there are any terms which are not understood please request an
explanation thereof, and direct your concerns, queries or complaints to:
3@1 SEA POINT
Telephone number:
021-001 0374
Email Address: phil.seapoint@3at1.co.za
Address for Service: 156 MAIN
RD, SEA POINT, which address 3@1 chooses as their address for service in
respect of any notices or processes arising out of these terms and conditions.
GENERAL TERMS AND CONDITIONS OF SALE
1. Quotations:
1.1 Shall be valid
for:
1.1.1 7 days from the date of the quotation, or
1.1.2 in respect of promotional offers, for the
duration of the promotional period.
1.1.3 whereafter they shall automatically lapse.
1.2 3@1 reserves the
right to discontinue promotional offers at their total discretion and without
prior notice.
1.3 It is your
responsibility to ensure the correctness of all information on the quotation
including but not limited to the item quoted, quantity required, and any other
specific requirement in respect of the items.
2. Agreement of Sale:
2.1 Any order placed via the 3@1 online trading
website, including in respect of Print Orders, shall constitute a binding
Agreement of Sale (the “Order”) between yourself and 3@1, and payment thereof
shall be in terms of clause 3 below.
2.2 In respect of any Order, whether in the
form of an online order, Print Order or quotation, by submitting your Order
electronically, via the 3@1 online trading system, your Order shall:
2.1.1 confirm the correctness of the items ordered
in all respects, and
2.1.2 conclude a firm agreement of sale in respect
thereof, and
2.1.3 consent to these Terms and Conditions of Sale,
which shall become immediately binding.
3. Terms of Payment:
3.1 All Orders placed
via the 3@1 online trading system shall be paid in full ,via the associated
payment portal, and which shall be subject to these terms and conditions.
3.2 Payments shall
only be accepted as made when the amount paid reflects in 3@1’s bank account.
3.3 All payments shall
be made by way of credit card, debit card payments, Electronic Funds Transfer
or by direct deposit into 3@1’s designated bank account.
3.4 In the event of
cash deposits, 3@1 reserves the right to charge you the relevant bank fees
charged by the Bank.
3.5 No Order shall be
processed unless payment in full has been received.
3.6 Cheque payments
shall only be considered to have been paid once the funds have been cleared and
appear in 3@1’s bank account, which may take up to 10 working days.
4. Delivery Date:
4.1 The lead-time for
the delivery of the Order shall be confirmed by 3@1 upon receipt of the Order
and payment, and 3@1 shall endeavour to deliver on or before the agreed date.
4.2 In the event that,
due to circumstances beyond the control of 3@1, including but not limited to
instances of power interruptions, strikes, riots, lock-outs, civil unrest and
natural disasters, 3@1 is not able to meet the agreed delivery date, you shall
be contacted and an alternative delivery date agreed.
4.3 You shall not be
entitled to cancel this agreement due to the failure of 3@1 to deliver by the
agreed delivery date, provided that 3@1 shall deliver within a reasonable time
thereafter.
4.4 You shall be
notified of the “Confirmed Delivery Date” as soon as all ordered items are
available to be delivered.
5. No Return, No Exchange and No Refund Policy
in respect of Print Orders or Bespoke Orders:
5.1 You acknowledge
that in respect of all printing or photo-copying orders (“Print
Orders”) or orders for
unique, branded items or items sourced, printed or labelled according to your
instructions (“Bespoke Orders”), are orders for products/services to meet your
specific and unique requirements.
5.2 Accordingly no Print
Order or Bespoke Order shall be accepted back for return, exchange or refund,
unless in terms of a warranty claim, as set out in Clause 11 below.
5.3 It is your
responsibility to ensure, before finalising the Print Order or Bespoke Order,
that you:
5.3.1 understand and accept the terms applicable thereto
as set out below,;
5.3.2 have proofed the artwork to be used in
respect of any Print Order or Bespoke Order;
5.3.3 have determined that the bespoke items being
ordered meet your specific requirements.
6. Delivery Terms:
6.1 All delivery shall
be charged for at the rate agreed to on the online trading system, or as may be
otherwise agreed to between 3@1 and yourself in writing thereafter;
6.2 No delivery of the
items shall be made until such time as all amounts due to 3@1 shall have been
paid, including the cost of the Order and the delivery.
6.3 All deliveries
shall be made by 3@1’s nominated Couriers during their normal operating hours,
and subject to the terms and conditions thereof, as set out below. Any delivery
required outside of normal working hours may attract an additional charge, for
which you are liable.
6.4 All deliveries
shall be made by prior arrangement with you. In the event that delivery cannot
be effected on arranged date due to your non-availability, you shall be liable
for an additional delivery fee for any subsequent delivery.
6.5 You, or person
taking delivery of the items on behalf of the Client, shall be required to sign
a Proof of Delivery Note (“PoD”), and unless it is
indicated to the contrary on the PoD, the Client
acknowledges that the items have been delivered and received in good condition
and in accordance with your specific requirements.
6.6 It is your
responsibility to inspect the items on delivery.
7. Collection:
7.1 In the event that you
elect to collect the Order when it is completed, the Order shall only be
released for collection upon receipt all amounts due to 3@1.
7.2 You, or person
collecting the items on your behalf, shall be required to produce the original Order
and proof of payment on collection.
7.3 You, or person
collecting the items on your behalf, shall be required to sign a Proof of
Delivery Note (“PoD”), and unless it is indicated to
the contrary on the PoD, you acknowledge that the Order
has been collected and received in good condition and in accordance with your
specific requirements.
7.4 All risk in and to
the items shall pass to you once they are collected, and 3@1 shall not be
liable for any damage that may occur after the items have been collected and
accepted by you or your Agent.
8. Condition of Goods:
8.1 3@1 warrant that
the characteristics and capabilities of the items will be substantially the
same as advertised or displayed, shall be fit for purpose and accord with your
approved proofs and specific requirements, subject to the disclaimers in respect
of Print Orders as set out below, but make no other warranties or
representations in respect of the items.
8.2 3@1 shall not be
liable for any damage to the items, following their delivery/collection arising
from the wear and tear, moving, negligence, mishandling, disassembling or
alteration of the items.
8.3 You
acknowledge and understand that all printed
material and/or photo copies, may, by their very nature, vary in respect of
their final colour, under or over print quantities and/or cutting or folding,
and subject to the terms as set out in respect of Print Orders below, 3@1 cannot
warrant the uniformity of quantity, size, folding and/or colour thereof.
9. Storage:
All items shall be stored for a maximum
period of 14 days from the Confirmed Delivery Date at no cost, until
delivery/collection of the items is arranged with the Client, whereafter the
Client may be charged a reasonable monthly storage fee (depending on the size
and storage requirements) or the Order destroyed.
10. Cancellation:
10.1 Any Print Order or
Bespoke Order shall constitute “special order goods”, as provided for in section
23(3)(b) of the Consumer Protection Act, and accordingly, you shall not be
entitled to cancel any Print Order or Bespoke Order. 3@1 shall only entertain a
request to cancel any such order in the event that the order has not been
placed into production, and on the basis that you shall be responsible for any
costs incurred in respect of the Order up to the point of cancellation, in
full.
10.2 In respect of any other Order, only in the
event that 3@1 is in breach of any of their material obligations to you in
terms hereof, shall you be entitled to cancel the order, which shall be
communicated in writing, and which maybe subject to 3@1’s
right to charge a cancellation fee in the amount of up to 25% of the total
value of the order including VAT, which the Client acknowledges and accepts may
be a reasonable charge in the circumstances.
10.3 Any refund due to you following the deduction
of the cancellation fee from the payment received may take the form of a store
credit to be used for other purchases, or if a refund is to be made, may take up to 21 days for 3@1 to process payment
of after approval.
11. Warranties:
11.1 Subject to the disclaimers as set out below
in respect of Bespoke Orders or Print Orders, in respect of colour, cutting and
folding, over or under quantities in respect of large print runs, and other
disclaimers set out below, 3@1 shall honour the warranty on any item as set out
below, subject to the following:
11.1.1 the defect must have existed in the product
at the time of delivery and manifested during the relevant warranty period;
11.1.2 the defect did not arise due to normal wear
and tear, or the misuse, abuse or neglect of the item;
11.1.3 the disclaimer in respect of the natural
characteristics of all natural products used in the manufacture of the items;
11.1.4 the item has only been used for the purpose
for which it was intended;
11.1.5 the care and maintenance instructions
provided with the items have been complied with;
11.1.6 the Client has not altered or modified the
items.
11.2 Save to warrant that all items supplied and
delivered by 3@1 to you against an Order are fit for their intended purpose, 3@1
makes no general warrants in respect of any items, and to the extent that any
further warranty does apply to any product, it shall be specifically stated by
3@1.
Bespoke Orders and PRINT orders - SPECIFIC TERMS AND CONDITIONS
The General Terms and
Conditions of Sale as set out above shall be applicable to all Bespoke Orders
and Print Orders, which are further subject to the following specific policies,
terms and conditions:
12. General
· 3@1’s shall
be entitled to change these terms and conditions at their own discretion,
without prior notification.
· 3@1
shall endeavour to deliver the best quality printing
and photo-copying, the quality and formatting thereof is however dependent on
the source from which the document is to be printed as provided by you.
· Any
unsatisfactory and/or short delivered printing or photo-copying orders (“Print
Orders”) should be reported within 14 days of receiving them. Please contact the
3@1 franchisee, whose contact details are set out above,
· for
assistance as soon as you receive your order should you have a query or
complaint.
· 3@1 will
provide a reprint on any defective Print
Orders, and free expedited reprint on any Print Orders lost in transit,
particularly in respect of those Print Orders which are faulty or not as
described
· Determination
of a defect is at the sole discretion of 3@1. 3@1 may request that you either
submit digital photos documenting the printing defect and/or ship the defective
products back to 3@1.
· The
Consumer/Customer acknowledges and agrees that, due to the inherent nature of
the printing process, 3@1 cannot guarantee that:
o The Print
Order will be an exact match in colour to the original;
o where
the Print Order is produced using full colour printing (also known as process
colour or CMYK printing) that all or any Pantone Colours (also known spot colours) will be accurately
reproduced;
o there
won’t be minor deviation in colour between (including but not limited to):
§ colour
proofs and the finished Print Orders;
§ two or
more Print Orders;
§ current
and previous Print Orders;
§ the
single sheets of one Print Order;
o there
won’t be minor deviations in cutting or folding from folded/unfolded finished
formats up to:
§ 2mm
for all brochures and books;
§ 2% for
advertising products; or
§ 1mm
for all other products;
13. Color Accuracy
· 3@1
shall endeavour to reproduce the colour from submitted print-ready files as closely as possible, but cannot exactly match color and density
due to the inherent limitations with the printing process.
· Any Print
Order shall only be placed and accepted on the basis that you agree to the
aforementioned caution, and accept that 3@1 does not provide any guarantee in
respect of colour accuracy.
· No reprints
shall be done without charge to you where colour variations have occurred due
to the submitted artwork not having been accurately and correctly converted to
CMYK.
14. Letterheads, Deskpads and Notepads
3@1
recommend that colours with high colour density
be avoided in printing these types of products, which colours include dark colours such as solid blacks, purples,
blues, browns, greens etc. 3@1 provide no guarantees in respect Print Orders
that run against this recommendation.
15. Stickers And Roll Labels
Stickers
and Roll Labels have not been approved for safety for use on food packaging or
for direct contact with food. Do not apply Stickers and Roll Labels to already
frozen materials.
16. Over Print And Under Print Policy
3@1
make no guarantees that, in large print runs of Print Orders, every order delivered
will be the exact number of items ordered. 3@1 provide a guarantee that the
print run will be plus or minus 10% of the number of items ordered. In the
event of a proven under run, 3@1 shall provide a store credit for the variance.
17. Artwork Files
· 3@1
shall conduct a check on all artwork submitted before printing, but you remain
fully responsible for the accuracy of the print-ready artwork files. Please proofread
all files before submitting to 3@1.
· 3@1
accept no responsibility in respect of the orientation or alignment of the
pages of the submitted artwork.
· In the
event that 3@1 design or prepare the artwork to meet your requirements, you are
liable to check and sign-off the artwork, prior to it being submitted for
printing.
· By
submitting the artwork to 3@1, you warrant that you have the right to use the
image(s) in your artwork files, and indemnify 3@1 against any claims arising
out of a trademark or copyright or any other intellectual property right
infringement in respect of the material to be printed.
· 3@1
take every precaution to safeguard your materials, however 3@1 do not accept
responsibility for any loss or damage to any images or artwork, howsoever
arising, and you are advised to ensure that you retain a back-up copy of any
artwork submitted to 3@1.
· You
agree that you shall not upload any artwork files consisting of any
offensive or inappropriate material, including but not limited to material that
may:
· be offensive;
· be indecent
or improper;
· contain
any images of inappropriate nudity;
· give rise
to any civil or criminal liability under applicable law;
· infringe
rights of privacy, publicity, copyright or other intellectual property rights
without the permission of the owner thereof and/or the persons who are shown in
the material if applicable.
· 3@1
may refuse to accept any Print Order containing any material for any lawfully
justifiable reasons, including but not limited to the aforegoing.
· You
accept full legal liability for the content of material processed and printed
on your behalf and under your instructions in terms of your Print Order.
· 3@1
reserves the right to refuse an order without disclosing a reason.
18. Retention and Storage
· 3@1
may, at its sole discretion, determine the period (beyond the guarantee period
of 14 days from date of delivery of the finished Print Order/Bespoke Order to
you), for which it shall retain any material (of whatever nature) submitted in
respect thereof, following which it shall be entitled to permanently delete the
material.
· 3@1
shall not responsible for the deletion or failure to store any such material
for any further period.
· 3@1 reserves
the right to delete any material stored which has been inactive for an extended
period of time, or for any other reason, without prior notice.
19. Proofs
· If
requested, an online proof shall be made available for your review, prior to
proceeding with the Print Order.
· Print
orders with proof requests shall not be sent to print without your written approval,
unless the proof approval is explicitly waived. It is your responsibility to
log in to your account and check on your proof. 3@1 shall not be liable for any
delays in finalizing the order caused by your non-approval of the proof.
· An
online proof is not an accurate colour reproduction of the final printed piece,
but does provide you with the opportunity to check the layout, bleeds and crops.
· Checking
the accurate colour reproduction (including any colour correction between RGB
to CMYK), as well any transparency and/or overprint issues shall require your
attendance at the 3@1 store to approve a hard copy proof in person, and this
must be specified on your order when submitting the Print Order to 3@1.
· You
should carefully and thoroughly review and check the proof against the
original, particularly in respect of orientation, layout, copy, spacing,
punctuation and image placing thereof, prior to your written approval, for
which you are fully responsible.
· Neither
3@1 nor any of its employees or agents may finally approve any proof on your
behalf, and any such instruction from you to them to do so shall constitute a complete
indemnification of both 3@1 and their employees and/or agents against any
defects in the Print Order, for which you will remain fully liable.
· Plotter
proofs show reasonable likeness to the final printed pieces and are suitable or
color-critical Print Orders and must be specifically requested when the Print
Order is submitted, which will incur an additional charge and may extend the
period within which the Print Order may be completed. The plotter proofs are
printed on a substrate different from the actual paper stock to be used for the
Print Order, but may be relied for proofing the colour proof, however
variations may occur depending on the finish selected for the final print job.
COURIER SERVICES
3@1 offer Courier Services for
the shipment of documents and goods (hereinafter referred to collectively as
“goods”), via various Courier Services
with whom 3@1 has entered into specific arrangements, both in respect of
domestic and international shipments, available from time-to time, and
hereinafter generally referred to as the “Courier”, which Courier Services are
specifically subject to the following specific terms & conditions:
20. No Variation Of Conditions
The shipment of the goods shall be subject to the
conditions stated herein. Should the Customer purport to attach any conditions
which vary, amend or are in conflict with the conditions set out herein, then,
the conditions set forth herein shall prevail and be of full force and effect
unless accepted by 3@1 and/or the Courier in writing.
21. Courier Charges
· The remuneration payable to 3@1 by you in respect of the Courier charges
shall be in accordance with the standard tariffs calculated on: the chargeable
weight of the goods and/or the destination of the goods and/or the service
level selected by the Customer for the shipment of the goods;
· The 3@1 standard tariffs are subject to review by it without prior
notice to you;
· You shall be liable for any duty, tax, fine or other outlay of
whatsoever nature levied by authorities at any port or place in connection with
the goods;
· 3@1 shall be entitled to make an additional charge to cover any expenses
arising from the taking out or obtaining of any necessary licences or permits;
· 3@1 shall be entitled to recover from the you or Consignee any
additional charges incurred, due to circumstances outside of its control
including but not limited to natural disasters, strikes, lock-outs, civil
unrest and other such occurrences necessitating a change in the routing of the Courier
of the goods;
· Payment shall be made:
o by the Customer,
who does not hold an account with 3@1– in full, upon receipt of goods and
signature of the waybill;
o by the Customer,
who holds an approved account – in strict accordance with the applicable
trading terms thereof;
o by the Consignee –
goods shall only be accepted for courier where the Consignee holds an approved
account with the 3@1, which account is in good standing, and where the
Consignee has provided its written authorisation for it’s account to be used for the shipment of the goods;
o no cash on delivery
consignments will be accepted by the 3@1;
· Notwithstanding the above, you shall remain liable to 3@1 for all charges
and lawful expenses incurred in providing the courier service, should such
charges/expenses not be recovered from the Consignee, or in the event that the
Consignee fails to pay the related charges for any reason whatsoever.
22. Payment Of Courier Charges
· Payment shall be effected in cash, credit card or electronic funds
transfer into the 3@1 nominated bank account or via the payment portal on the
3@1 online trading system;
· 3@1 shall be entitled to appropriate all payments made by you towards
the payment of any debt/obligation of whatsoever nature, owing by you to it,
irrespective of when or how such debt arose;
· Interest will accrue on all payments not made on due date at the rate of
2% per month from the due date for payment to the date on which payment is
effected;
· You shall not be entitled to raise any claim, dispute or counter-claim
as a reason for deferring payment and may not withhold any payment or set-off
any claim or counter-claim which you may wish to raise against the amount
charged by 3@1 for the shipment of the goods.
23. Lien
· As security for all monies owing, 3@1 shall have a lien over all goods
and all repayments, refunds, claims or recoveries in its possession or control;
and/or shall be entitled to hold all goods as security for any monies owing to
it by you; and/or may at any time, at its sole discretion, retain possession of
any goods pending the discharge of all your indebtedness to 3@1, howsoever
arising. In the event that it retains possession of the goods in terms hereof,
it shall be entitled to store the goods at such place as it deems fit, at your
expense; and it shall not be liable for any loss, damage or deterioration of
such goods while in storage
· If any monies owing to 3@1 are not paid within 30 days after they are
due, then it shall be entitled to open and examine the goods and/or to sell the
whole or any part of the goods, and/or to apply the proceeds of any sale, after
deducting all expenses thereof, in payment or reduction of any amount due by you
to 3@1, provided that any surplus shall be paid over to you immediately after
the sale, or upon demand made by you, within 90 days of the sale;
· 3@1’s rights under this clause are not exhaustive and are in addition to
any other rights which it may have against the Customer.
24. Your Obligations, Warranties And Indemnities
· You are bound by and warrant, in favour of 3@1, which is hereby
indemnified and held harmless in respect of any expenses, claims, fines,
damages arising from the shipment of the goods, in respect of the accuracy of
the Consignee’s name, details, address for delivery, descriptions, values and
other particulars furnished to it by you; and/or that the courier of the goods
will not violate or infringe any Act, regulation or Law; and/or that the
goods are your sole property, alternatively, that you are authorised by the
owner, to enter into the agreement for the shipment of the goods.
· The goods shall be carried at your sole risk, and you hereby exempts 3@1
from, and indemnify it against, all liability of whatsoever nature arising
directly or indirectly from handling of the goods, including but not limited to
any liability for direct and/or consequential loss or damages arising from the
loss of the goods and/or damage to the goods and/or the failure to collect or
deliver the goods timeously, adequately or at all or from or to the correct
address and/or from any other cause arising, whether from breach of contract or
negligence on the part of 3@1, its servants, agents, employees or otherwise.
· You are required to ensure that you have communicated any special
conditions, instructions or requirements for the shipment of the goods,
including delivery and/or storage instructions, time sensitive documents etc
clearly and legibly in writing on the waybill. No other instruction, whether
verbal or written, shall be accepted as binding.
25. Limit of 3@1’s liability
· In the event that you suffer any damage or loss which is directly
attributable to any act or omission by 3@1, it may, at its sole discretion,
re-imburse you the tariff and related charges and costs charged by 3@1 to you in respect of the shipment of the
goods;
· Any limited liability of 3@1, as set out above, shall terminate on the
delivery of the goods to the Consignee.
26. Condition Of Goods
The onus of proving the quantity, type, physical
properties, composition and/or condition of the goods and/or the condition of
any container thereof, at the time of receipt thereof by 3@1 shall strictly at
all times remain with you. The parties agree that it is the presumption that
the condition of the goods at the time of delivery to the Consignee is the same
as at the time that 3@1 received the goods from the Customer.
27. Conditions Of Courier
You are advised to request and read the Courier’s
specific Terms and Conditions of Carriage, which may be available on request
from the 3@1 or directly from the Courier’s own website, including in
respect of the special conditions relating to dangerous, perishable, high value
and/or fragile goods, the details of which are summarised below, but which do
not constitute a full and detailed summary, and thus which include but are not
limited to:
· The goods to be shipped are accepted by the Courier in apparent good
order (except as noted);
· You accept these T&C’s and those specific to the Courier (available
on request), each of which shall be deemed to be incorporated herein, as if
specifically set-out herein, and shall be deemed to be a condition of any
agreement between you, 3@1 and the Courier, whether written, oral or implied.
The invalidity of any part of those or these T&C’s shall not affect the
remainder thereof or hereof, which shall continue to remain in force;
· The Courier shall only carry goods which you are entitled to ship, and
you hereby warrant that you are authorised to accept and do accept the
applicable T&C’s, including those of the Courier, and you indemnify the
Courier against any damages costs or expenses resulting from any breach of this
warranty;
· The Courier shall not be liable for any loss, damage, missed delivery or
non-delivery not caused by its own negligence, of whatever nature or extent;
· Whilst the Courier shall endeavour by their best efforts to provide an
expeditious service and delivery in accordance with their regular delivery
schedules, the Courier shall not be liable for any loss or damages arising from
any delay in pick-up, transportation or delivery irrespective of the cause of
the delay;
· Any damages shall be limited to the cost of the service provided. Should
you require additional insurance in respect of the value of the contents of the
package to be shipped, this may be arranged directly with the Courier, at the
appropriate cost, and the insurance shall be covered in terms of the specific
terms and conditions applied by the insurer, which shall be made available on
request. Consequential damages and loss or damage resulting from delays in
transportation shall not be covered by such insurance cover;
· The Courier shall not be liable for any duties, taxes or charges applied
in respect of the shipment, and shall not be under any obligation to incur any
such expense or make any advance payments in respect thereof in connection with
the shipment, and you guarantee the payment of all such charges, advances or
expenses;
· The Courier shall have a lien on the goods for all freight charges,
customs duties, advances or charges of any kind arising out of the shipment,
and shall be lawfully entitled to refuse to surrender possession of the goods
until all such charges are paid.
· Any damages or non-delivery must be reported in writing to the Courier
within 14 (fourteen) days from the date that the goods are consigned to the Courier
for transportation, which shall be dealt with in terms of the Courier’s
standard terms and conditions of carriage (which are available on request).
· The Courier will not accept any hazardous, combustible or explosive
materials, precious metals or stones in any form, negotiable securities,
negotiable instruments, currency, cheques, livestock or plants or any other
perishable commodity for shipment, and in the event that any such goods are
consigned to the Courier, you hereby indemnify the Courier for all claims,
damages and expenses arising in connection therewith, and the Courier shall
have the exclusive right to deal with such goods as it sees fit, including the
right to abandon or destroy the goods. The Courier may, at its discretion
inspect, scan and/or open any parcel consigned to it should it have any
concerns in this regard.
· Except as otherwise specifically provided for in the contract, delivery
of the goods shall only be made to the consignee named on the face of the
shipping documentation.
· The Courier shall not be bound to any particular route or routes or
particular schedule, which it is authorised hereby to select and/or to deviate
from at its discretion.
· The Courier warrants that all due and ordinary care shall be taken in
the shipment of the goods, in order to protect their integrity and ensure safe
transportation of the goods.
· The Courier shall carry the goods subject to all applicable laws,
customs and other government regulations that may be applicable thereto, and
shall furnish any documents related thereto that may be necessary to comply
with such laws or regulations.
