1. Application of Conditions
All transport, road haulage, border clearance, warehousing, and logistical operations undertaken by Kris Freight Logistics (Pty) Ltd ("the Carrier") are subject exclusively to these Terms of Carriage. Deviations from these terms are only binding if executed in writing and signed by an authorized director of the Carrier.
2. Customer Warranties & Declarations
The customer ("Consignor" or "Sender") warrants that:
- The description, weight, volume, and values of the cargo provided in the quoting manifest are accurate.
- The cargo is securely packaged to withstand the standard physical stresses of Sub-Saharan road corridors.
- No dangerous, hazardous, or illegal goods under international borders are loaded without prior written disclosure and approval.
3. Limitation of Liability
Customers are strongly urged to purchase comprehensive marine or transit insurance coverage through a certified South African broker for the full value of the goods moved.
4. Rates, Border Charges, and Demurrage
Quotations are compiled based on route information provided. If collection/delivery delays at ports of entry, customs warehouses, or site depots exceed the standard allocated window (typically 3 hours for domestic hubs and 24 hours for cross-border terminals), demurrage charges will accrue at the Carrier’s standard regional rate. Border duties, taxes, and clearing broker disbursements are the sole responsibility of the customer.
5. Right of Lien
The Carrier possesses a special and general right of lien over all consignments, documents, and cargo currently in transit for all unpaid invoices, storage costs, or disbursements due from the customer. The Carrier reserves the right to hold, store, or sell cargo to offset outstanding liabilities.
6. Claims & Notifications
Any claim for loss, damage, or discrepancy must be noted on the delivery receipt (Proof of Delivery / POD) upon delivery. A full written claim details report must be submitted to the Carrier's Durban Headquarters within seven (7) business days of delivery. Failure to do so releases the Carrier from all potential claims.
7. Governing Law & Jurisdiction
These terms, their execution, and any dispute arising from logistical operations shall be governed by, construed, and enforced exclusively under the laws of the Republic of South Africa. The parties submit to the exclusive jurisdiction of the Durban Magistrates' Court and the KwaZulu-Natal High Court, Durban.