Terms and Conditions

1.Supplier information (ECTA s43)

Section 43(1) of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) requires a supplier offering goods or services electronically to make the following information available.

2.Scope of these terms

These terms govern your use of this website and the enquiry facilities on it, and the consignment tracking facility once it is available. They are not our trading terms. The carriage, packing and storage of goods is governed by our standard trading conditions, which are: [standard trading conditions — to be confirmed].

Where these website terms and our standard trading conditions conflict in relation to a consignment, the standard trading conditions prevail.

3.Use of this website

This website is provided for information and to let you enquire about our services. You may not use it unlawfully, attempt to gain unauthorised access to it, interfere with its operation, or extract its content systematically for a competing purpose.

We aim to keep the information here accurate and current, but it is general in nature. Classification, packing and documentation requirements depend on the specific substance, quantity, packaging and route. Nothing on this website is advice on which you should rely without confirming it with one of our consultants for your consignment.

4.Quotations, enquiries and orders

Submitting the enquiry form does not create a contract. It is a request for a quotation. A contract comes into existence only when we accept your instruction in writing.

Section 43(2) of ECTA entitles you to review the whole transaction, correct any mistakes and withdraw before finally placing an order. Because our forms only request a quotation, you may correct or withdraw at any point before we confirm acceptance — simply contact us.

Quotations are valid for the period stated on them and are based on the information you give us. If the substance, classification, packing group, mass, packaging or destination differs from what you described, the quotation may change.

5.Our services

We pack, repack, mark, label, document, store and arrange transport for dangerous goods in accordance with the applicable regulations, including the IATA Dangerous Goods Regulations, the ICAO Technical Instructions and the IMDG Code, and the national law governing the transport of hazardous substances by road.

We handle all classes of dangerous goods except Class 7 (radioactive).

Timeframes we give are estimates based on carrier schedules. We are not the carrier unless we expressly say so, and we do not control airline, shipping line or port timetables, customs clearance, or the acceptance decisions of a carrier or authority.

6.Your obligations as consignor

Dangerous goods law places obligations on the consignor that cannot be transferred to us. You warrant that:

• the information you give us about the goods — proper shipping name, UN number, class, packing group, mass, concentration and any subsidiary risk — is complete and accurate;
• you have disclosed everything about the goods that could affect their safe handling, packing, carriage or acceptance, including anything hidden or undeclared;
• you are entitled to consign the goods and hold any permit, licence or authorisation required; and
• the goods are not prohibited for carriage by the intended mode or route.

Undeclared or misdeclared dangerous goods are a serious safety risk and an offence. You indemnify us against any loss, fine, penalty, claim or cost we incur as a result of information you gave us being incomplete or incorrect, to the extent the law permits.

7.Price and payment

Prices are quoted per consignment because they depend on the substance, packaging, quantity, mode and destination. Each quotation states the full price for the work it covers, including any transport costs, taxes and other charges applicable at the time — as section 43(1)(i) of ECTA requires.

Charges outside our control — including carrier rate changes, fuel and security surcharges, demurrage, storage at destination, customs duties and penalties, and costs arising from a carrier or authority refusing or holding a consignment — are for your account.

Payment terms, accepted payment methods and any deposit are as stated on the quotation or invoice. [payment terms and accepted methods — to be confirmed]

8.Consumer Protection Act

The Consumer Protection Act 68 of 2008 (“CPA”) applies to transactions with consumers. By section 5(2)(b), read with the threshold determined under section 6, the CPA does not apply where the customer is a juristic person whose asset value or annual turnover equals or exceeds R2 million at the time of the transaction. Most of our clients are businesses above that threshold, in which case the CPA does not govern the transaction and our standard trading conditions apply in full.

Where the CPA does apply, nothing in these terms limits your rights to:

• plain and understandable language (section 22);
• fair, just and reasonable terms (sections 48 to 52);
• services performed with reasonable care and skill (section 54);
• a supplier’s liability for harm caused by unsafe goods or a product failure (section 61); and
• cancel a fixed-term agreement on 20 business days’ notice, subject to a reasonable cancellation penalty (section 14, where applicable).

Any provision of these terms that would be unlawful under the CPA does not apply to a transaction the CPA governs, and the rest of the terms continue to apply.

9.Cooling-off and cancellation

Section 44 of ECTA gives a consumer seven days to cancel an electronic transaction without reason or penalty. That right is subject to the exclusions in section 42(2). Two are directly relevant to us:

• section 42(2)(j) excludes the provision of transport services where we undertake to provide them on a specific date or within a specific period; and
• section 42(2)(f) excludes goods made to your specification, clearly personalised, or which by their nature cannot be returned.

Packing to a UN specification for a nominated consignment and booked carriage generally fall within these exclusions, so the seven-day cooling-off right will usually not apply to our services. Where it does apply, you may cancel by contacting us in writing within seven days, you bear only the direct cost of returning any goods, and we refund any payment within 30 days of cancellation.

Separately, if a consumer concluded the transaction as a result of direct marketing, the CPA gives a five business day cooling-off right under section 16.

Cancelling an instruction once work has started or a booking has been made may attract a reasonable charge for work already done and costs already committed.

10.Liability

Our liability for a consignment is governed by our standard trading conditions and by the international conventions and carrier conditions that apply to the mode of transport, which typically limit a carrier’s liability by weight.

In relation to this website: it is provided as is. To the extent the law allows, we are not liable for indirect or consequential loss arising from your use of it, or from reliance on general information here rather than advice obtained for your specific consignment.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited — including liability for death or personal injury caused by negligence, for fraud, or under section 61 of the CPA where it applies.

[cargo insurance position — to be confirmed] Whether cargo insurance is arranged, and on what basis, should be stated here and in the trading conditions.

11.Intellectual property

The content, layout, design and marks on this website belong to us or are used under licence. You may view, download and print pages for your own business use in dealing with us. You may not otherwise reproduce, republish or adapt them without our written permission.

12.Privacy and data

How we handle personal information is set out in our Privacy Policy, and how to request access to records is set out in our PAIA Manual. Both form part of these terms.

13.Disputes and governing law

Please raise any dispute with us first — most are resolved directly. If it cannot be resolved, and the CPA applies, you may refer the matter to the National Consumer Commission or an accredited consumer goods ombud. Where a POPIA issue is involved, you may complain to the Information Regulator; see our Privacy Policy.

These terms are governed by the law of the Republic of South Africa, and the South African courts have jurisdiction.

14.General

We may amend these terms; the version in force is the one published here, dated at the top of the page. If a provision is found to be unenforceable, the remainder continues to apply. Our failure to enforce a right is not a waiver of it.

Questions about these terms: lucien.doolings@hazardousgoods.co.za or 021 380 0209.