Maximum delivery period is estimated at 12 working days after payment and stock availability has been confirmed.
Note that the delivery period is dependent on the option chosen by the shopper during the checkout process. A shorter or longer period may be selected.
Current Automation (Pty) Ltd has appointed MDS Collivery (Pty) Ltd as primary collection and delivery service provider.
MDS Collivery (Pty) Ltd (hereinafter referred to as "MDS") provides a collection and delivery service to its Customers, subject to the following:-
1.1 "MDS" shall mean MDS Collivery (Pty) Ltd its staff, agents or sub-contractors.
1.2 "Goods" shall mean any documents, parcels or freight accepted for carriage by the MDS.
1.3 "Carriage" shall mean the transport of goods from one point to another by MDS (the "Carrier") using means it deems suitable.
1.4 "Client" shall mean the party responsible for the payment for the carriage of the goods.
1.5 "Owner" shall mean the party who has a financial interest in the goods.
1.6 "Parties" shall mean the Client, the Owner, the sender the receiver or the Carrier.
1.7 "Waybill" is the accompanying document which identifies the Client, the number and weight of packages involved and instructions regarding the time and place of both the collection and delivery, copies of which are signed by the parties and serves as proof of handover of the goods from one party to the other.
2. Terms and Conditions
2.1 MDS is not a public/common carrier and may refuse to accept any goods for carriage without providing reason for such refusal.
2.2 By using our collection and delivery service you agree to be bound by our terms and conditions, as set out below, and you acknowledge that our terms and conditions will constitute a valid, binding and enforceable agreement.
2.3 These terms & conditions shall apply to all transactions concluded by or on the Client's behalf on our website. (www.collivery.co.za).
2.4 A certificate issued by an administrator of our website shall constitute prima facie proof of any fact related to our website, including (but not limited to) which version of the terms and conditions govern a particular dispute and what content was published or functionality was available on our website at a specific point in time.
2.5 For purposes of Section 22(2) of the Electronic Communications and Transactions Act, 25 of 2002 you accept that the agreement will be regarded as concluded at Randburg, Gauteng Province.
2.6 All matters arising from this agreement, its validity, existence or termination shall be determined in accordance with the laws of the time of the Republic of South Africa, and you hereby submit to the jurisdiction of the Magistrates' Court of Johannesburg/Randburg.
2.7 MDS' prices are set out in its price list or are as negotiated or quoted to the Client and are subject to review from time to time.
2.8 Prices quoted are based on the information provided by the Client. Should this information be found to be incorrect, MDS has the right to adjust the prices based on the correct information while continuing with the carriage.
2.9 Any credit limit, invoice frequency, or payment terms set by MDS shall be at its sole and absolute discretion and may be changed by MDS depending on circumstance that MDS believes justifies such changes.
3.0 MDS' liability to the Client in respect of goods in its care:-
3.0.1 Will terminate once proof of delivery has been obtained from the receiving party at the address stated on the waybill.
3.0.2 Shall be limited to an amount of R100.00 (One Hundred Rand) subject to Clause 3.0.4 below.
3.0.3 Shall exclude indirect and consequential damages.
3.0.4 Where MDS has agreed to accept the risk of carriage, such risk shall never exceed an amount of R5000.00 (Five Thousand Rand) relating to any one waybill. This risk relates to the loss of goods, and does not cover damage resulting from inadequate packaging of the items by you or your agents. This acceptance of risk relates exclusively to the direct cost of replacement of goods, and shall in no way cover any indirect or consequential losses.
3.1 Any claim for loss must be lodged within 7 (seven) days of such loss by sending an e-mail to email@example.com. Any claim lodged after such period will not be considered.
3.2 All framed pictures, artwork, solar panels, mirrors and negotiable instruments are carried entirely at your risk.
3.3 MDS shall not be liable for failure to fulfil its obligations if such failure is due to war, civil disobedience, industrial dispute, act of God, or any event beyond MDS' reasonable control.
3.4 If MDS is unable for any reason to effect delivery of the goods, all reasonable steps will be taken to return the goods to the Client. The Client will, however, be responsible for the costs of carriage, attempted delivery and return of the goods. Any failure to deliver or any late deliveries may not be used as motivation for non-payment for that delivery.
3.5 MDS will not be responsible for any fulfilment of Customs formalities or payments. However MDS will assist the Client as far as possible, on condition that such assistance will be rendered at the sole risk and responsibility of the Client and the Client undertakes to indemnify MDS against any claims in this respect.
3.6 The Client warrants that:-
3.6.1 The goods are accurately described on the waybill.
3.6.2 The goods are adequately packed and accurately addressed to enable delivery to take place with ordinary care and handling.
3.6.3 The Client has to the best of its knowledge and belief, complied with all laws, rules and regulations regarding the carriage and that the goods are not prohibited by Government regulation.
3.7 The Client agrees to MDS' terms of payment and that MDS shall be entitled to suspend, delay and/or cancel collection and/or delivery of any consignment(s) in the event of non-payment, or to hold the consignment(s) until such time as the account has been settled in full or to MDS' satisfaction.
3.8 Failure to pay your account within 30 (thirty) days from the date of delivery of a tax invoice will attract interest at the rate of 24% per annum in terms of the National Credit Act.
3.9 You will be liable for all legal costs incurred by us on a scale as between attorney and Client, (including, but not limited to Sheriff's fees, collection commission and tracing agent's fees) in the event of us having to institute legal action in order to secure payment of any outstanding account.
4.0 You hereby confirm that a certificate signed by one of MDS' senior Managers, showing the amount owing by you to us, shall be sufficient proof that the said amount is due, owing and unpaid and shall be satisfactory proof of what is contained therein for the purpose of any legal action, proof of your debt upon insolvency, or for any other purpose whatsoever. It is also agreed that the company may use any means to verify the information provided by you and in the event of any default, MDS may furnish your details to any registered credit bureau.
4.1 No indulgences, latitude, extension of time or the like granted to you shall in any way whatsoever constitute a novation or waiver of any rights which we may have against you, nor may it operate as an estoppel against us.
4.2 These Terms and Conditions represent the entire agreement between the parties. Any changes to these conditions must be agreed to in writing to be of any force or effect.