STERDTS (PTY) LTD TRADING TERMS AND CONDITIONS

IMPORTANT RISK & LIABILITY DISCLOSURE (CPA s49)

These terms limit Sterdts (Pty) Ltd’s liability as an agent only; allocate certain risks to the Customer; and require indemnities in favour of Sterdts. By proceeding, you confirm these provisions were drawn to your attention, are in plain language, and are understood.

Capacity and Role of Sterdts (Pty) Ltd
Sterdts (Pty) Ltd (“the Company”) acts solely as an agent for and on behalf of the customer (“Customer”) in arranging the packing, storage, transport, shipment, and delivery of goods by independent third-party service providers (“Third Parties”), including but not limited to shipping lines, airlines, road hauliers, packing companies, and warehousing facilities. The Company does not itself perform any carriage, handling, or storage of goods and shall not be liable as a principal carrier or bailee. Any such services are rendered by Third Parties subject to their own trading conditions, which govern the relationship between the Customer and such Third Parties. The Company’s sole obligation is to exercise reasonable care in selecting such Third Parties.
The Customer warrants as follows:
(a) That the property to or from which goods are removed by the Company is owned by the Customer or that the Customer has obtained, prior to commencement, all permits/approvals authorising the Company’s vehicles and/or employees to enter such property, and the Customer indemnifies the Company against any loss/claim/damage arising therefrom.
(b) That the goods to be removed, packed, transported and/or stored are owned by the Customer or that the Customer has full authority to procure such services and that no other person has any interest, lien, or right preventing the Company from carrying out its obligations.
The rate estimated is an estimate only (not a quotation) and is based on:
(a) The rates of exchange, government levies, wages, railway/shipping rates and charges ruling on the estimate date. Any increase thereafter is recoverable from the Customer on the same payment terms as other amounts due.
(a) The estimate assumes:
I. Suitable road/access for the Company’s vehicles/workers to the door of the premises; ground-floor delivery unless otherwise charged;
II. Adequate doors/stairways to carry out work; failing which the Company may use balconies/windows/tackle at extra charge. The Customer indemnifies the Company for claims arising therefrom and releases the Company from liability for damage to goods/buildings/paths/access ways used.
(b) The Company is not liable for damage to any driveway/road/kerb/crossing/path/access-way caused by its vehicles unless the Customer gave prior specific written notice that such access was unsuitable and directed the Company not to cross it.
Amounts given cover only the services in the estimate and exclude, unless expressly included:
(a) Customs duties, inspections, permit fees, consular fees, quarantine, municipal dues, other levies/charges/fines, storage-related charges like demurrage or detention, and insurance premiums;
(b) Taking down/putting up fixtures/apparatus, lifting/laying floor coverings, (dis)assembly of appliances, or re-erecting television aerials.
Dangerous goods. The Company will not accept (unless pre-arranged) goods that are dangerous/explosive/corrosive or likely to cause damage/loss/injury. The Customer is liable for all resultant loss/damage/costs. If discovered, the Company may remove/sell/destroy/dispose of such goods at the owner’s expense and without accountability for value.
The Company’s driver is responsible for the vehicle and contents and may refuse to place person/vehicle/contents at risk. Escalations may be made to the Company’s quality assurance manager.
Where additional goods beyond a specific itemised estimate are removed/transported/stored, an extra charge fixed by the Company applies; these conditions extend to such goods.
The Customer must ensure nothing to be removed is left behind, nothing is taken in error, and items in unoccupied premises are protected. The Company accepts no liability and the Customer indemnifies the Company.
Work is to be performed during ordinary working hours (08:00–17:00, Mon–Fri, excluding public holidays). The Company may charge for delays not caused by its neglect/default, including Customer/owner/consignee acts/omissions or failure to provide access.
This contract is subject to the conditions/stipulations/exceptions in any regulation, bill of lading, consignment note or contract of any railway, shipping company, airline or other carrier under whose terms the goods are carried, and to their charges (and alterations thereto) in force until completion.
Limitation of Liability – Agent Only
The Company’s liability is limited to that of a forwarding/moving agent, and it shall not be construed as a carrier or principal. The Company is not liable for any loss, damage, delay, or failure to deliver, whether arising from acts/omissions of any Third Party (including carriers, packers, warehouses, their agents/servants/subcontractors) or from any cause beyond the Company’s control. The Customer’s sole recourse for loss/damage lies against the applicable Third Party service provider.
Third-Party Engagements & Customer Acknowledgements
(a) The Company may arrange with any contractor/rail/ship/air/dock/transport company or authority to carry out all or any part of the work. Terms of bills of lading/consignment notes/other documents issued by such parties may be accepted by the Company as agent for the Customer and form part of this contract. The Company shall transfer to the Customer (at the Customer’s cost) the benefit of such rights (if any) as the Company may have against those parties.
(b) Where the Company, as agent, enters into any agreement with a Third Party for carriage/storage/handling, such agreement is deemed entered into on the Customer’s behalf. The Customer agrees to be bound by the Third Party’s trading terms and liability limitations. Copies are available on request.
(c) CPA acknowledgement. The Customer acknowledges these terms contain clauses that (i) limit the risk or liability of the Company; (ii) constitute an assumption of risk or liability by the Customer; and/or (iii) impose an indemnity obligation on the Customer; and confirms these provisions were drawn to its attention and are understood.
(d) Indemnity. The Customer indemnifies and holds the Company harmless against all loss/damage/claims/expenses arising from the acts/omissions of Third Parties engaged on the Customer’s behalf.
The Company acts as agent for the Customer/owner of the goods and may take any action reasonably necessary to protect the goods; related costs are additional and payable by the Customer.
Owner’s Risk and Limitation of Cover
This is a contract for the arrangement of services at owner’s risk. The Company, acting as agent arranging carriage, shall not be liable for loss of/damage to goods except where such loss/damage is intentionally caused by the Company.
Insurance (facilitated on behalf of the Customer)
Sterdts (Pty) Ltd is not a licensed Financial Services Provider and does not sell, advise on, or intermediate insurance products.
Where the Customer expressly requests (in writing at the time of accepting the estimate) that Sterdts, as agent for the Customer, facilitate the arrangement of insurance cover through a licensed broker or insurer, and the Customer pays the premium at cost prior to shipment, Sterdts will transmit the required information and payment to such broker or insurer on the Customer’s behalf. All cover arranged in this manner is issued directly between the Customer and the insurer, and this contract remains one at owner’s risk as defined in clause 15.
(a) If specifically requested in writing at acceptance, and upon submission of the signed insurance proposal and payment of premium, the Company will, as agent for and on behalf of the Customer, facilitate issuance of the relevant insurance policy through its authorised broker or directly with the insurer.
(b) Insurance arranged or facilitated by the Company is subject to:
1. I. The insurer’s policy terms, conditions, limits and exclusions as per the signed proposal;
2. II. Cover commencing upon removal of goods at origin and terminating upon delivery at the destination specified in the estimate;
3. III. Unless specifically extended by the insurer, transit cover ceases while goods are placed in store; any separate in-store cover must be arranged by the Customer (directly or via the Company acting as the insurer’s agent for transmission only); and
4. IV. Whether or not insurance is arranged or facilitated, this contract remains one at owner’s risk in terms of clause 15.
Removal charges are payable 3 days prior to collection at origin unless otherwise agreed in writing by the Company. Payment includes the estimated charges for packing/transport/delivery and any insurance premiums.
Credit facilities are granted strictly in accordance with Sterdts (Pty) Ltd’s trade-credit-insurance policy with Allianz Global Corporate & Specialty SA. Standard terms are 30 days from invoice date, unless otherwise agreed in writing. Any extension of a due date shall not exceed 30 days beyond the original terms and requires Sterdts’ prior written approval.
1. In line with the insurer’s policy conditions, Sterdts must notify its insurer of any overdue account within 15 days after the due date or any approved extension. Customers are hereby advised that failure to pay within these timeframes may result in withdrawal of credit facilities and referral of the account for insured debt collection under Sterdts’ policy.
2. Finance charges, interest, or credit-facility costs are not covered by the insurer and remain solely the Customer’s responsibility.
These credit terms apply only where a Permitted Limit exists under Sterdts’ trade-credit-insurance policy; cash-in-advance or non-insured customers remain on pre-payment terms.
Storage charges are due monthly in advance (or weekly pending agreement). Additional/related charges are payable with the next storage instalment.
Lien sale for arrears (stored goods). If any amount due remains unpaid for three calendar months, the Company may give notice of intention to sell. If still unpaid 14 days after such notice, the Company may examine the goods (opening containers if necessary) and sell by public auction, applying proceeds to expenses and amounts due, paying any balance to the Customer. This is subject to applicable warehousemen’s lien laws.
General lien. All property received is subject to a general lien for all moneys owing or liabilities incurred. Delivery/sale of part does not affect the lien on the remainder. Rent/expenses during assertion of lien are for the Customer’s account. The Company need not deliver possession while any sum remains due.
Storage price increases during storage are payable upon notice to the Customer; the contract is deemed varied accordingly.
Notices. Notices/communications/receipts/inventories may be delivered personally or by prepaid post to the Customer’s last known address. If posted, deemed received on the 7th day after posting.
Delivery from warehouse. The Company shall deliver goods only to the Customer or a person authorised in writing. No delivery without:
(a) The written order of the Customer or attorney; and
(b) Payment of all amounts owing in respect of such goods.
If goods are delayed en route or if delivery cannot be received on arrival, the Company may unload into its or another storage place. Delivery there is deemed delivery under the contract. A lien applies for storage/other charges until the Customer takes delivery.
Recovery costs. If the Customer defaults on any amount properly payable, the Company may recover all costs/disbursements incurred in recovery, including debt collection fees, court costs, and legal fees.
Personal liability for payment. The Customer remains personally liable for all amounts due notwithstanding:
(a) Any third-party acknowledgment to pay;
(b) Any Customer direction to invoice another party; or
(c) Any acceptance purporting to be as agent for a third party.
No employee/agent of the Company has authority to alter/waive/qualify these terms unless in writing signed by the Company’s CEO or a duly authorised director.
Jurisdiction & payment first. The Customer may not commence proceedings unless all moneys due are paid per these conditions. Any action or suit must be commenced in a South African court; South African law applies. All disputes are subject to South African court jurisdiction to the exclusion of others.
Acceptance of the estimate must be signed on the Company’s acceptance form or confirmed in writing by email, initiating the agreement.
Claims procedure & time bars. The Customer must notify the Company in writing of loss within 7 days after the goods would ordinarily have been delivered, or of damage within 7 days after delivery/tender of delivery.
(a) Where the Company may be liable, it may elect to repair/replace goods; in all cases liability shall not exceed actual cost of repair/replacement. The Company is not liable for consequential loss (including loss of use/value/profit or delay).
(b) No claim may be used to defer/withhold payment due.
Insurance claims when arranged by Company. If insurance was arranged by the Company as agent, the Customer must lodge any claim with the Company (as agent for the insurer) within the time limits in clause 31.
Cancellation. Either party may cancel by written notice received no later than 17:00 on the 7th working day prior to due performance. Late cancellations may attract a late cancellation fee and recovery of costs already incurred, payable within 5 working days of cancellation. If the Customer prepaid, the Company may deduct amounts due (including late cancellation fees) and refund any balance within 5 working days.
Dispute Resolution (non-exclusive).
(a) The parties will first seek amicable resolution in good faith.
(b) If unresolved within 10 working days, the parties will refer the dispute to mediation (non-binding), under a mediator agreed between them or appointed by The South African Association of Mediators if they cannot agree.
(c) If still unresolved, the dispute may be determined by arbitration under the Arbitration Act of South Africa.
(d) These ADR steps are non-exclusive and do not preclude either party from approaching a competent South African court.
Email & Communication Disclaimer
Company emails are subject to the Sterdts Email Disclaimer available at email-disclaimer.
Electronic Communications (ECTA) & Signatures.
(a) The parties agree that offers, acceptances, notices, invoices, and other communications may be in electronic form and are valid under the Electronic Communications and Transactions Act, 2002. Advanced electronic signatures are not required unless expressly stated.
(b) Customers acknowledge that Sterdts may transfer personal information cross-border for customs clearance or insurance purposes and that such transfers will comply with section 72 of the Protection of Personal Information Act 4 of 2013.
Personal Information (POPIA). The Customer consents to the processing of personal information by Sterdts and relevant third parties (operators) as reasonably necessary to arrange and perform services, comply with legal obligations (including customs/security screening), prevent fraud, and handle claims. Processing will comply with the Protection of Personal Information Act, 4 of 2013. Sterdts implements reasonable technical and organisational measures to secure personal information. Further details, including data subject rights and contact details of the Information Officer, are set out in Sterdts’ Privacy Notice and PAIA Manual.
No Transport Documents Issued as Principal.
The Company shall not issue bills of lading, air waybills, house bills, warehouse receipts, or other transport/storage documents in its own name as carrier or principal. If the Customer expressly instructs otherwise in writing and the Company agrees (in which case separate terms/provisions and pricing will apply), the parties will conclude a separate written contract identifying the Company as principal; failing such separate agreement, the Company remains agent only.
Limitation Cap (Agent’s Own Negligence).
To the extent the Company is found liable notwithstanding these terms (and excluding intentional acts), the Company’s aggregate liability shall be limited to the lesser of: (i) the fees paid to the Company for the specific service giving rise to the claim, or (ii) R100,000. This cap does not apply to liability caused intentionally by the Company. This limitation applies per claim or series of related claims.