BONIFACE TRANSPORT TERMS AND CONDITIONS OF CARRIAGE
1. Interpretation
1.1 In these terms and conditions (Conditions):
1.1.1. Dangerous Goods means items from time to time specified in the United Nations Recommendations on the Transport of Dangerous Goods (UNRTDG) and any other items which we from time to time specify;
1.1.2. Delivery Address means the full postal address (including the post code) specified on the Address Label;
1.1.3. Consignee means the consignee specified on the Address Label;
1.1.4. Consignment means any goods, whether a single item, in bulk or a number of separate items to be delivered to the same Consignee (including any of them or any part of them);
1.1.5. Value means, in respect of any Consignment, the lesser of the cost and the market value of such Consignment;
1.1.6. we means Boniface Transport and includes our employees, agents and sub-contractors and us and our will be interpreted accordingly; and
1.1.7. you means the person(s) or company whose order for the delivery of a Consignment is accepted by us and your will be interpreted accordingly.
2. Sub-contracting
We may employ any person as our agent, sub-contractor or otherwise in the performance of any of our obligations under these Conditions. We enter into these Conditions on behalf of such persons who will be entitled to the benefit of them and will have no greater liability to you than we do.
3. Consignments
3.1 You warrant that:
3.1.1. if you do not own a Consignment or any part of it, you are an agent of the owner(s) of the Consignment and are authorised to enter into these Conditions on the owner(s) behalf;
3.1.2. all Consignments and their packaging will be fit and safe to be handled and carried by us; and
3.1.3. no Consignment will exceed any size or weight restrictions which we from time to time specify.
3.2. We do not carry and you warrant that no Consignment will contain any bullion, antiques, cashiers or travellers cheques, currency, stamps, firearms, money orders, cigarettes, precious stones or metals or dangerous goods and will have no liability (whether caused negligently or otherwise) for loss, damage, mis-delivery or non-delivery or late delivery of the same.
3.3. Unless we agree in writing, before transit commences, we do not carry and you warrant that no Consignment will contain any perishable goods, food, liquids, plants, drugs, medicines or alcoholic beverages and we will have no liability (whether caused negligently or otherwise) for loss, damage, mis-delivery or non-delivery or late delivery of the same.
3.4. You will indemnify us and keep us indemnified against any costs, expenses, liabilities, injuries, losses, damages, claims, demands, proceedings or legal costs and judgments which we suffer as a result of a breach of the warranties contained in conditions 3.1, 3.2 and 3.3.
3.5.You acknowledge that our transit system is not suitable for carrying glass, china, ceramics, pottery, stoneware, fossils, antiques and works of art, or similar such materials and we will have no liability (whether caused negligently or otherwise) for any damage caused to the same.
3.6. We may open or inspect any Consignment.
4. Dangerous Goods
4.1. You warrant that Consignments will not:
4.1.1. contain any items specified under the UNRTDG; and
5. Loading and Unloading
5.1. Unless we agree otherwise:
5.1.1. if we collect or deliver a Consignment to or from your premises, you will provide appropriate equipment and labour for loading or unloading the Consignment; and
5.1.2. if a Consignment requires equipment or labour in excess of the driver to be unloaded at the Delivery Address, you warrant that such equipment or labour will be provided at the Delivery Address.
5.2. Any assistance we provide to load or unload a Consignment will be provided at our discretion and is at your sole risk and we will not be liable for any damage caused (whether negligently or otherwise).
You will indemnify us and keep us indemnified against any costs, expenses, liabilities, injuries, losses, damages, claims, demands, proceedings or legal costs and judgments which we suffer as a result of the provision of such assistance.
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(C) 2010 Boniface Transport.
