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Terms and Conditions
1. Objective and applicability
1.1. These General Terms and Conditions are intended to provide standard terms and conditions, which can govern the activities of forwarder/carrier/logistics provider on an equitable basis in respect of their Customers and take account of liabilities in accordance with applicable laws and conventions.
1.2. They will apply in the absence of or subject to any written contract with the Customer and may cover forwarding, carriage, logistics purchasing, or development or other activities connected with its business, service equipment and products, storage in the course of business for the Customer and/or other activities normally associated with such business or requested by the Customer to be carried out in the course of or in support of the activities.
2.1. Oxi Logistics: Oxi Logistics (Pty) Ltd and their contractors, agents and respective personnel
2.2. Customer: A person or body who requests Oxi Logistics to arrange for services with whom Oxi Logistics agrees so to do.
2.3. Service: The arranging of or undertaking of the carriage or storage of goods and associated activities including consultancy and logistics advice.
2.4. Force Majeure: A hindrance to the performance of the contract beyond the direct control of Oxi Logistics or the Customer, each party being under an obligation to notify the other of the occurrence of such an
event and of its ceasing to be a hindrance as soon as practicable.
2.5. Contractor: A contractor or subcontractor of Oxi Logistics, which undertakes any part of the Service. For the avoidance of doubt, it includes any contractor whether providing carriage or any other activity in connection with the Service.
3.1. Oxi Logistics’ obligations:
3.1.1. look after the interests of the Customer so far as it reasonably can subject to the later provisions of these terms and conditions, shall not cause any loss of or damage to the goods.
3.1.2. in the event of a change of plans being necessary to enable delivery to the named consignee, provided it was not reasonably practicable or possible to obtain authority from the Customer, be entitled to recover any additional cost from the Customer.
3.1.3. deliver the goods within a reasonable time.
3.1.4. so far as it reasonably can, keep the Customer advised of delays in progress.
3.1.5. liaise with the importing agent and customs agent to make sure documentation is in order before the shipment is released.
3.1.6. Oxi Logistics shall not be liable for storage costs due to factors which are out of its control and the customer shall be liable for such charges should they arise. Should an airline loose original documents for example.
3.2. The Customer’s obligations:
3.2.1. pay in advance for the Service unless some other payment terms have been agreed in writing and to pay all additional costs reasonably incurred in order to perform the Service including (but not limited to) third party fees, imposts and charges.
3.2.2. Pay warehousing costs of $200 per month starting 3 months from receipt of goods in the Oxi Logistics warehouse if the delay is caused by the customer.
3.2.3. Check the packing list that is sent by Oxi Logistics to ensure all goods are listed. No costs will be carried by Oxi Logistics should an item not be on the packing list and has to be sent to the customer at a later date due to him omitting to inform Oxi Logistics of a mistake.
3.2.4. Ensure that the correct delivery address and contact details are given to Oxi-Logistics.
3.2.5. Ensure that there is no damage to the crates and contents when the goods are delivered. Should there be damage, this must be noted on the delivery sheet of the contractor and Oxi Logistics must be notified.
4.1. Any damage to goods must be reported to Oxi Logistics within 2 days of delivery at the Customer’s address and photos must be taken of the damage.
4.2. Oxi Logistics shall have the discretion to pay out the insured amount for the damaged item, or to have repairs effected with a suitable service provider.
5.1 The law governing the agreement between Oxi Logistics (Pty) Ltd and the customer shall be South African Law, under the jurisdiction of the Pretoria Magistrate and Pretoria High Court.