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Terms & Conditions

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COLEMAN TRANSPORT TERMS AND CONDITIONS

1. DEFINITIONS
1.1 "Sender" means any one or all of the following persons: (a) the sender of the shipment, or (b) person delivering the shipment to Coleman Transport, or (c) the lawful holder of this waybill.
1.2 "Receiver" means the intended recipient of the shipment as described overleaf or the lawful holder of this waybill.
1.3 "Charges" means remunerations charged by Coleman Transport for the services as determined by Coleman Transport from time to time.
1.4 "Additional Charges" means any expenses, fines, damages, levies, duties, taxes and storage fees actually incurred or paid by Coleman Transport on behalf of or for the benefit of the Sender or Receiver in additions to the charges, particularly but not limited to, circumstances where the shipment is unacceptable.
1.5 "Goods" means the articles, items or documents described overleaf.
1.6 "Insurance" means such short term insurance as Coleman Transport agrees with its insurer in respect of the Shipment.
1.7 "Services" means the Goods described overleaf and forming the subject matter of the Services in terms of this Waybill.
1.8 "Waybill" means this document.
1.9 "Prohibited Goods" means:
1.9.1 Hazardous or dangerous goods or material, including articles prohibited or restricted by IATA and ICAO;
1.9.2 Goods in respect of which no custom declaration has been made but where such declaration is required by any applicable laws;
1.9.3 Goods that may not be transported under any applicable laws;
1.9.4 Goods regarded by Coleman Transport in its sole discretion to be hazardous or dangerous, either by their nature or for the purposes of transport;
1.9.5 Without limiting 1.9.1-1.9.4, ammunition, human remains, pornography, illegal narcotics and drugs.

2. PROVISION AND SCOPE OF SERVICE
2.1 Coleman Transport provides the Services to the Receiver/Sender subject to these terms and conditions.
2.2 Coleman Transport may subcontract any part of the Services to any person.
2.3 Coleman Transport endeavours to deliver the Shipment to the Receiver in accordance with its normal transport and delivery schedules (as amended from time to time at the discretion of Coleman Transport), but Coleman Transport does not guarantee delivery in accordance with such normal transport and delivery schedules.

3. CHARGES AND PAYMENT FOR SERVICE
3.1 The Receiver pays all charges for the Services. Where the receiver has indicated the Charges to be paid by the Sender and the Sender does not pay such Charges, the Receiver pays such charges upon demand by Coleman Transport.
3.2 The Receiver pays all additional charges upon demand by Coleman Transport.
3.3 Coleman Transport may determine the Charges according to the higher of actual or volumetric weight and any Shipment may be re-weighed by Coleman Transport to determine the Charges.

4. UNACCEPTABLE GOODS
4.1 The Sender may not include unacceptable goods as part of the Shipment.
4.2 Unacceptable goods are:
4.2.1 Prohibited goods;
4.2.2 Live animals;
4.2.3 Goods or articles which are in the sole opinion of Coleman Transport not properly packaged;
4.2.4 Such other goods as Coleman Transport may notify the Sender.
4.3 Coleman Transport may, where unacceptable Goods form part of a Shipment, at any stage refuse to provide the Service in respect of such Shipment, without thereby incurring any liability whatsoever to the Receiver.

5. DELIVERY
5.1 Coleman Transport will use reasonable efforts to deliver the Shipment to the Receiver's address as instructed by the Sender. If Coleman Transport is unable to find such address the Sender will be notified.

6. PACKAGING
6.1 The Sender is responsible to package the Shipment or Goods:
6.1.1 In such a manner as to prevent any damage thereto, and
6.1.2 In accordance with instructions given by Coleman Transport, if any.
6.2 Coleman Transport may at any stage following receipt of the Shipment refuse to provide the Service if Coleman Transport in its sole opinion regards the packaging or the non-packaging if the Goods or the Shipment to be unsuitable in insufficient.

7. RIGHTS OF COLEMAN TRANSPORT
7.1 Coleman Transport may complete any documents required under any applicable laws for the Sender.
7.2 Coleman Transport may redirect the Shipment to another address upon written request of a person that Coleman Transport reasonably believes to be authorized by the Sender or Receiver.
7.3 Coleman Transport may withhold delivery of the Shipment until all Charges and Additional Charges have been paid in full.
7.4 Coleman Transport is entitled to open and inspect any Shipment without notice to the Sender.

8. SENDER'S WARRANTIES
8.1 The Sender warrants that;
8.1.1 The Shipment is properly marked and addressed and to ensure safe transportation with ordinary care in handling.
8.1.2 All applicable customs, import, export and other laws have been complied with.

9. EXCLUSIONS AND LIMITATIONS OF LIABILITY
9.1 Coleman Transport is not liable for any loss or damage to any Shipment or goods:
9.1.1 Unless any claim in respect of such loss or damage has been notified to Coleman Transport within 7 (seven) days of delivery of the Shipment to Coleman Transport, and unless insurance has been arranged by the Sender for such Shipment through Coleman Transport's insurers; and/or
9.1.2 Where such goods or Shipment consist of cash, cheques, jewellery, precious stones or minerals, precious metals and other valuables; and/or
9.1.3 Where such loss or damage is caused by an inherent defect in the Shipment or the Goods; and/or
9.1.4 Where such loss or damage involves electrical, magnetic or other damage to, or erasure or loss of electronic data, images or recordings; and/or
9.1.5 Where such damages are caused by any delay in the delivery of the Shipment to the Receiver; and/or
9.1.6 Where such damages are caused by insufficient or unsuitable packaging.
9.2 Where insurance has been arranged Coleman Transport's liability to the Sender/Receiver in respect of loss or damage to such Goods or Shipment shall be limited to any amount paid out by Coleman Transport's insurers, less insurance excess.
9.3 Coleman Transport is in any event not liable for:
9.3.1 Any loss or damage arising from circumstances or events constituting vis major, including, Act of God, but not limited to storms, earthquakes, floods, strikes or industrial action, riot or civil commotion, war or armed insurrection, robbery or theft by persons other than Coleman Transport's employees;
9.3.2 Any consequential loss or damages, whatsoever, whether direct or indirect, whether foreseeable for Coleman Transport or not.

10. INDEMNITY
10.1 The Sender indemnifies and holds Coleman Transport harmless against any loss or damages whatsoever arising out of or from:
10.1.1 The Sender's failure to provide full and accurate instructions to Coleman Transport or full and accurate information on this waybill; and
10.1.2 The Sender failing to properly package the Shipment or the Goods forming part of the Shipment.

11. INSURANCE
11.1 The Receiver/Sender agrees, upon request by Coleman Transport, to promptly assist Coleman Transport and to provide all relevant information to enable Coleman Transport to lodge an insurance claim with Coleman Transport's insurers, failing which Coleman Transport shall be under no obligation to prosecute any insurance claim for the Sender.
11.2 In any event, Coleman Transport's obligation to the Receiver/Sender is limited to lodging an insurance claim on request of the Receiver/Sender and following up with its insurers from time to time.
11.3 The Receiver/Sender shall not do anything that would invalidate or any in any manner adversely affect the insurers.

12. ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement between Coleman Transport and the Sender/Receiver regarding the Services. No employee or subcontractor or Coleman Transport is authorized to waive, alter or modify these Terms and Conditions.

13. GOVERNING LAW AND JURISDICTION
The legal relationship between Coleman Transport, the Sender and the Receiver is governed exclusively by the laws of Namibia and the Sender agrees to the jurisdiction of the Namibian courts in respect of any legal dispute arising in connection with the services. The Sender agrees also the jurisdiction of the Magistrate's Court, provided that Coleman Transport may institute legal proceedings at its choice in either the High Court of Namibia or the Magistrate's Court.

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