MEASUREMENT AND CONTROL SOLUTIONS PTY (LTD)  (“MEACON”)

TERMS & CONDITIONS

IMPORTANT

Please read our terms and conditions of carriage very carefully. Take note MEACON’s LIABILITY IS EXCLUDED as well as that of its employees or agents for loss, damage and delay in certain circumstances. MEACON’S LIABILITY IS LIMITED to stated amounts where liability is accepted. STRICT TIME LIMITS apply where NOTICE OF CLAIMS is required. It is your duty to obtain insurance cover to protect your interests.

1.      INTERPRETATION AND DEFINITIONS

1.1.   “Conditions” means these Conditions of Carriage as set out in this document and published in printed form and electronically at www.meacon.co.za and www.shop.meacon.co.za, as amended from time to time;

1.2.   “Courier” means the person and/or corporate entity specified for delivery;

1.3.   “Goods” means the items sold by MEACON for client under these Conditions;

1.4.   “Owner’s Risk” means the Courier shall not be liable for any loss of or damage to any Goods, howsoever arising, except if the loss or damage is caused by the Courier intentionally;

1.5.   “Recipient” means the person to whom the Goods are to be delivered under these Conditions;

1.6. “Services” means all of the operations and services provided or to be provided by the Courier in connection with the carriage of the Goods including without limitation, the carriage, transport and/or storage of the Goods or any operation/s or service/s incidental to any of them;

1.7.   “Sender”/” Meacon” means the person for whom the carriage of the Goods is performed by the Courier under these Conditions;

1.8.   “Sub-Contractor” means includes any person who under a contract or arrangement with any other person (whether the Courier or not) performs or agrees to perform the Services or any part of the services;

1.9.   Words denoting, the singular include the plural and vice versa; any gender include the other genders, and persons include corporations and bodies politic and include their legal personal representatives and assigns.

 

2.      CONDITIONS OF CARRIAGE

2.1.   MEACON shall not be a public or common carrier in relation to the carriage of goods forming the subject of these conditions and any goods carried are accepted subject to the conditions herein.

2.2.   These conditions supersede all previous published terms and conditions. These conditions supplement and detail the general terms and conditions for MEACON. These conditions govern to the extent that they do not conflict with the mandatory rules relating to liability for carriage provided by the laws of South Africa.

2.3.   MEACON reserves the right to unilaterally modify, amend, change or supplement these conditions without notice. No amendment or consensual cancellation and/or variation of any of the provisions or terms hereof and no extension of time or waiver or relaxation of any provisions of this agreement shall be binding unless recorded in a written document signed by a duly authorised director of MEACON and a duly authorised representative of the Customer.

2.4.   All business undertaken including guidance, information or service provided by MEACON shall be subject to the conditions set out and each condition shall be deemed to be incorporated in and to be a condition of this Agreement between MEACON and the purchaser of the goods.

2.5.   The Purchaser confirms that it does not rely upon or claim any other terms, warranties, conditions or representations relating to the use of the services under this Agreement.

2.6.   The Purchaser will be bound by the signature of any of its employees, servants and agents on the MEACON Waybill.

2.7.   Goods are accepted subject to the conditions stipulated by all other carriers, sub-contractors, handlers and any other parties into whose possession or custody they may pass to finalize and deliver goods that come into their possession.

2.8.   Under no circumstances shall any strict liability attach to MEACON.