Terms and Conditions

  1. Terms of use of the Code & Copy website

Agreement

Code & Copy and its affiliates (suppliers and service providers) provide their services to you subject to the conditions detailed in this agreement. By using the Code & Copy website and/or registering to shop on Code & Copy you confirm that you have familiarized yourself with the terms and conditions governing the conduct of parties accessing or using the Code & Copy website to trade and that you agree to be bound by these terms and conditions.

Your access to the Code & Copy website and use of any services provided by Code & Copy including any purchases made by you from Code & Copy are subject to terms and conditions established under the following headings.

  • Terms of Use of Code & Copy Website
  • Terms of Trade with Code & Copy
  • Privacy and Security Statement
  • Intellectual Property Statement
  • Dispute Resolution
  • Compliance with statutory consumer protection provisions

Terms of Use of Code & Copy Website

Code & Copy grants you a limited license to access and make personal use of the Code & Copy website. You are not allowed to modify (other than page caching) the website or any portion thereof without the prior written consent of Code & Copy.

This license does not permit any resale or commercial use of the Code & Copy website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Code & Copy website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Code & Copy website so long as the link does not portray Code & Copy, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Code & Copy logo or other proprietary graphic or trademark, or those of their affiliates, as part of the link without prior written permission of the owner of the graphic or trademark.

Code & Copy may provide links from the Code & Copy website to other websites which may offer services to you and is not responsible for evaluating the content or offerings made on these websites.

  1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT YOUR USE OF THE Code & Copy WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY SOUTH AFRICAN LAW, Code & Copy DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Code & Copy WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE Code & Copy WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

 

ALL WARRANTY ON PRODUCTS ARE STRICTLY COMPLIANT WITH THE CONSUMER PROTECTION ACT. SHOULD AN ADDITIONAL MANUFACTURER’S WARRANTY BE AFFORDED ON THE PRODUCT, SUCH PRODUCT WILL BE RETURNED AT OUR COST TO THE END-USER, IF FOUND IN COMPLIANCE WITH THE TERMS OF SUCH WARRANTY.

 

Applicable law

The Code & Copy website and all communications and transactions concluded using the website, are governed by, and you agree to, the application of the laws of the Republic of South Africa. As the website is targeted at South African citizens and residents any limitations on implied warranties or the exclusion or limitation of certain damages which may be applicable under the laws of any other jurisdiction are expressly waived by you.

  1. TERMS OF TRADE WITH Code & Copy

Invitation to do business

Only when Code & Copy has accepted your offer to purchase and the acceptance is communicated to you, will an enforceable agreement of sale be transacted.

Despite our best efforts, a small number of the products or services offered on the website may be mis-priced. If we discover a mis-pricing, we will do one of the following:

  • If the correct price is lower than our stated price, we will charge the lower amount.
  • If the correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before accepting your order or notify you that the order has not been accepted.

IMPORTANT: If any products or services are supplied and delivered to you directly by, or through, a third party, even though access to the products and services is gained through the Code & Copy website, the supply of these products and services may be subject to conditions which differ from those governing the terms of trade with Code & Copy. You shall be solely responsible for ensuring that you understand and agree to the terms and conditions governing the sale of these products and services. Place and time of agreement

Agreement as to the terms of use of the Code & Copy website shall be deemed to have be accepted by you at the time that you first accessed the Code & Copy website.

Backorders

Due to the popularity of some products or services, Code & Copy may not always have any products or services ordered by you in stock. Code & Copy will accept orders for out of stock products or services to ensure that you will be the first to receive the item once it becomes available. If the products and services ordered by you are not available or only a portion is available, you may cancel the order, or re-order the quantity that is available, or place a backorder. Once the products or services become available, it will be shipped to you.

Electronic communications

When you visit Code & Copy or send e-mails to us, you are communicating with us electronically. Code & Copy will communicate with you by e-mail or by posting notices on the Code & Copy website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Registration

Registration as a purchaser is restricted to individuals who may legally enter into binding and enforceable agreements. No person under the age of 18, or not legally permitted to enter into a binding and enforceable agreement, may register as a purchaser. Any person not permitted to register as a purchaser but who does so, shall be guilty of committing a fraud and Code & Copy may take whatever legal action it deems necessary to obtain the appropriate relief.

In registering as a purchaser you are required to provide Code & Copy with, complete and accurate information about yourself and you warrant that the information provided is correct.

If you are in breach of, or Code & Copy believes that you may breach, any of the terms and conditions governing the use of, or trading using the Code & Copy website, Code & Copy may, in it's absolute discretion, either suspend or terminate your registration as a purchaser.

Password

You are solely responsible for ensuring the confidentiality of your password, which authenticates your identity. You acknowledge this responsibility and agree that any communication or transaction that may be made using your password, shall be attributed to you.

If you suspect that the confidentiality of your password has been compromised you should immediately advise Code & Copy of this fact by email. Code & Copy shall on receipt of the email suspend your registration pending your further instructions. You shall remain responsible for all transactions effected prior to the suspension of your registration and liable for any payments that may flow from these transactions.

  1. AMENDMENT TO TERMS AND CONDITIONS

Code & Copy may amend the terms and conditions governing access to the Code & Copy website as well as trade using the website.

  1. PRIVACY AND SECURITY STATEMENT

Code & Copy knows that you care how your personal information may be collected, processed and used; we appreciate your trust that Code & Copy will do so carefully and sensibly.

The information provided by you helps us personalize and continually improve your shopping experience at Code & Copy. Here are the types of information we gather.

  • Automatic Information: Code & Copy receives and stores certain types of information whenever you interact on the Code & Copy website or communicate with Code & Copy by email. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your web browser accesses Code & Copy.
  • Information You Give Us: We receive and store information you enter on the Code & Copy website or that you may provide to Code & Copy in any other manner. Certain of the information provided on registration is mandatory to assist us in ensuring that the communications and transactions entered into with you may be completed effectively and lawfully.
  • E-mail Communications: To help us make e-mails more useful, we may receive a confirmation when you open e-mail from Code & Copy, if your computer supports such capabilities.

By providing the information to Code & Copy you consent to Code & Copy collecting maintaining, storing and processing the information, provided that Code & Copy shall:

  • not disclose your personal information to a third party other than to effect the transactions agreed to in using the Code & Copy website without obtaining your express consent to do so;
  • only disclose your personal information, without your consent, if legally required to do so;
  • be entitled to use the information provided by you to compile statistical or aggregated information in such a way that you may not be identified.

While Code & Copy and its affiliates shall take commercially reasonable care to safeguard the information provided by you to Code & Copy from unauthorized access or disclosure, Code & Copy does not represent or guarantee that the safeguards will provide absolute protection.

  1. INTELLECTUAL PROPERTY STATEMENT

Copyright in any information or trade marks displayed anywhere on the Code & Copy website are protected by worldwide copyright laws and treaty provisions. The copyright of these materials is held by Code & Copy, or by the original creator of the materials, or by suppliers and service providers to Code & Copy.

  1. DISPUTE RESOLUTION

Any dispute arising out of or in connection with this agreement including any question regarding its existence, validity or termination, will be resolved in accordance with the law of South Africa. The language used during the dispute resolution process will be English. For the purposes of any arbitration:

  • you choose the email address chosen by you in registering as a purchaser; and
  • Code & Copy chooses support@codeandcopy.co.za

By using the Code & Copy website and accepting the conditions of use of the website and trade conducted using the website you bind yourself to the terms of arbitration provided in this agreement.

  1. COMPLIANCE WITH STATUTORY CONSUMER PROTECTION PROVISIONS

Code & Copy adheres to the provisions of Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 (“the Act”). Chapter VII of the Act provides protection to consumers and the provisions of the Act relevant to commercial transactions that may be effected on the Code & Copy website, as well as the information required in terms of the Act, are provided for your reference.

 

Return of products or cancellation of service agreements

Code & Copy shall, subject to the exclusions provided for below and the provisions relating to any return of products or cancellation of a service agreement, allow the return of products or cancellation of a service agreement, within seven days of the date of receipt by you of the products or the conclusion of an agreement to provide services. Exclusions from return of products or cancellation of service agreements

The provisions of this agreement relating to the return of goods and cancellation of any agreement to provide services shall not apply if:

  • any products and services are acquired by auction;
  • to services which commenced with the customers consent, (either express or implied) prior to the expiry of the seven day period;
  • where the price of the products or services depends on fluctuation in financial markets beyond the control of Code & Copy;
  • where the products are personalised or made to the customers specifications;
  • where the products by reason of their nature cannot be returned;
  • if audio, video recordings or any form of computer software are either used or if supplied other than in digital form, if the seal on the storage media is broken;
  • the sale of reading material in whatever form.

Customers obligations on return of products and services

If a customer cancels any transaction in respect of which delivery of the products or services (to the extent that the may be returned) have been delivered, within seven days of the receipt of the products or services, the customer shall return to Code & Copy or it’s authorised agents, the products, undamaged in any manner, together with all packing materials and documentation delivered by Code & Copy or its agents, to the customer as well as a written indication of the customers choice to cancel the transaction.

The customer shall refund to Code & Copy all direct expenses incurred by Code & Copy or it’s authorised agents, in the delivery of the products and services ordered by the customer, as well as the direct expenses incurred by Code & Copy or it’s authorised agents in accepting return of the products and cancellation of the provision of services, arising as a result of the return of the products or cancellation of the services ordered by the customer.

 

Code & Copy’s obligations on return of the products and services

Within thirty days of return of the products or receipt of notice of cancellation of the agreement to deliver services Code & Copy or it’s authorised agents shall refund to the customer any amounts paid by the customer less any amounts due by the customer to Code & Copy as provided for above.

Disclosures in terms of section 43 of the Act: The following information is made available to you in compliance with Section 43 of the Act.

Full name and legal status of website owner: Code & Copy is the trading name and is wholly owned by Code & Copy a company duly incorporated in terms of the company laws of South Africa.

NOTE: Warranty turnaround time, minimum 14 days.

Description of Services: Code & Copy provides access to a variety of products and services that may be purchased online all of which are, or will be, described on the Code & Copy website.

Price of goods: Prices are displayed on the website and are subject to Code & Copy rights in respect of any mis-pricing stipulated in the clause dealing with Invitation to do business above. All prices of products and services displayed on the Code & Copy website are inclusive of Value Added Tax.

Payment: Payment terms and manner of payment are stipulated in the clause dealing with payment above.

Terms and conditions governing this agreement: The full Terms and Conditions applicable to the access and use of the services provided on the Code & Copy website and any amendments thereto, shall at all times be available on the Website, save to the extent that they may be varied in writing by the parties. These terms may be accessed on this Website, downloaded and stored, or reproduced at any time.

Delivery of products or services: The anticipated time of delivery of any products or services, purchase using the Code & Copy website shall be indicated at the time that any order is accepted by Code & Copy

Transaction records and history: A full record of transactions effected using Code & Copy shall be available to the user for a period of 14 days from delivery of the products or services to the purchaser by Code & Copy or it’s agents.

Dispute resolution: The provisions governing Dispute Resolution are stipulated under the clause Dispute Resolution above.

Privacy and Security: The provisions governing Privacy and Security are provided for under the clause Privacy and Security above.

Minimum duration of Agreement: There shall be no minimum duration of agreements entered into between users and registered purchasers to use the Code & Copy website. All agreements shall endure indefinitely subject to either parties rights to terminate the agreement. The termination of the agreement by either party shall be without prejudice to any rights between the parties existing at the time of the termination, which shall endure beyond the date of termination. 

Trade & Delivery Terms and Conditions

Code & Copy Pty Ltd and C-market has selected the courier Guy as the preferred courier agent, any client, user or any person selected by a user or client that has purchased any item from Code & Copy or C-market will be held to the terms and conditions set out below as per the terms and conditions set by The courier guy which can be found here: https://www.thecourierguy.co.za/terms-conditions/

1. INTERPRETATION AND DEFINITIONS
1.1. "Conditions" means these Conditions of Carriage as set out in this document and published electronically at https//c-market.co.za, as amended from time to time;
1.2. "Courier" means the person and/or corporate entity specified on the face of the invoice;
1.3. "Goods" means the items accepted by Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) for carriage on behalf of the the Sender 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" 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. Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) 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 on the back of Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) waybills and other publications. In case of conflict between these conditions and the conditions on any Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) waybill, manifest, shipping label or other transit documentation, 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. Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) 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 Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) and a duly authorised representative of the Customer.

2.4. All business undertaken including guidance, information or service provided by Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) 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 Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) and the Sender of the goods.
2.5. The Sender 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 Sender will be bound by the signature of any of its employees, servants and agents on the Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) 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 finalise and deliver goods that come into their possession.

2.8. Under no circumstances shall any strict liability attach to Code & Copy Pty Ltd, C-market or The Courier Guy (TCG).

3. OPERATIONAL PROCEDURES
3.1. Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) reserves the right to transport the goods received from any Customer and/or the Sender by any means at its disposal and may use any carrier to perform its duties. All goods that require forwarding to facilitate delivery may be held at Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) discretion and the Customer and/or the Sender’s cost until suitable delivery arrangements can be arranged. Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) is entitled to use independent parties to perform any of the functions required for completion of its duties. Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) shall have no responsibility or liability to the Customer and/or the Sender for any act, or omission of such third party even though Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) may be responsible for the payment for such third parties charges. Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) however reserves the right to, at its sole election, take action on behalf of the Customer and/or the Sender should the independent carrier fail to carry out its duties suitably. The costs associated with taking such action would be for the account of the Customer and/or the Sender and are payable on demand.

4. TIMEOUS INSTRUCTIONS
4.1. The customer shall be obliged to give any instructions to Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) timeously and in writing in order to afford Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) a reasonable opportunity to comply with such instructions, but Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) shall be entitled, but not obliged, to act on oral instructions alone. If there is a conflict between any oral or written instructions or between the various written instructions themselves, or in the absence of instructions, Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) shall determine the course to be adopted, in its sole discretion, having regard to the Customers known requirements, if any, and if not it is recorded that Overnight Service shall be the default service selected. Notwithstanding that Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) may purport or attempt to act on any instructions, no liability shall attach to Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) for failure, whether negligent or otherwise, to perform such instructions. Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) shall be entitled to recover its charges and/or expenses including those incurred acting in terms hereof.

5. TARIFFS AND QUOTATIONS
5.1. All quotations, rates, tariffs and surcharges are subject to withdrawal or revision by Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) at any time. Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) shall be at liberty to revise all quotations, rates, tariffs or surcharges with or without noticing cases where Code & Copy Pty Ltd, C-market and third party organisation's costs are affected by any of its suppliers and may do so without notice to the Customer. Charges are calculated on the basis of either actual or volumetric mass, and for purposes of rating, the greater of the two calculations is deemed to be the chargeable mass for the purposes of measuring the volume, mass and/or dimensions of any package. The measurements as calculated by the dimensions machinery and/or company representative will be regarded as conclusive proof of the volume, mass and/or dimensions of the package so measured. Only written quotations provided by Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) will be valid.

6. COLLECTION OF GOODS
6.1. If any goods have not been accepted or collected by the Recipient and/or its nominee within a reasonable time after the tender thereof, and for the purposes thereof notification to the Recipient and/or its nominee of the fact that the goods are available for collection or that Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) is willing to deliver the goods shall be deemed to be a good and sufficient tender, Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) shall notify the Customer at its legal address (domicilium citandi et executandi) and, after the expiration of ten (10) days from the posting to that address of such written notice and unless the Customer shall give Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) instructions to redeliver the goods, at the Customer’s expense, Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) shall be entitled and authorised irrevocably and in re suam, to sell or dispose of the goods and retain from the proceeds the charges, expenses and costs incurred in the carriage thereof.

7. 7. Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) LIEN AND OTHER RIGHTS IN TERMS OF GOODS IN Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) POSSESSION
7.1. Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) and /or its nominee reserve the right to open and examine any goods tendered to fulfil security obligations at any time.
7.2. Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) shall have a lien and shall be entitled to hold any goods, documents and/or any refunds, claims or recoveries in its possession or under its control as security for any monies owing to Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) by the Customer, whether past or present, for the courier of any goods subject to these terms and conditions of carriage;

7.3. Although Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) may initially have granted credit to the Customer, Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) may at any time, at its sole discretion, retain possession of any goods pending the discharge of the Customer’s indebtedness to Code & Copy Pty Ltd, C-market or The Courier Guy (TCG), whether or not such indebtedness relates to the courier of the goods retained in possession or not;

7.4. In the event that Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) exercises its lien and retains possession of any goods as reflected herein above, then Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) shall be entitled to store the goods at such place as it deems fit, at the Customer’s expense;
7.5. If any monies owing to Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) are not paid by the Customer within 30 (thirty) days after they are due, Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) shall be entitled, without further notice to the Customer:
7.5.1. to open and examine the goods;
7.5.2. to sell the whole or any part of the goods in such manner and on such conditions as it deems fit;
7.5.3. to apply the proceeds of any sale, after deducting all expenses thereof, in payment or reduction of any amount due by the Customer to Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) (including storage costs envisaged in 3 here above, provided that any surplus shall be paid over to the Customer without interest immediately after the sale, if the Customer’s address is known, and if not, upon demand made by the Customer within 90 (ninety) days of the sale;
7.6. Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) shall not be liable for any loss, damage or deterioration of any such goods attributable to the implementation of this clause;
7.7. Code & Copy Pty Ltd, C-market and third party organisation's rights under this clause are not exhaustive and are in addition to any other rights which it may have against the Customer.
7.8. If it is necessary for an examination to be conducted by Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) in respect of any discrepancy in the goods which are landed from any vessel, aircraft, vehicle or container, the responsibility to comply with any regulations, laws and/or obligations pertaining to the goods remains that of the Customer and/or the Sender, notwithstanding the contractual relationship between Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) and Customer and/or the Sender.

8. PACKAGING AND DELIVERY PARAMETERS
8.1. Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) does not accept or courier packages which exceed the size limitation being 1m x 1m x 1m and the weight limitation being, 50kgs.
8.2. Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) shall not be liable for any loss, damage or deterioration of any goods and as such we emphasise that it is the sole responsibility of the Customer / Sender to:
8.2.1. package goods for transportation and ensure that all goods are adequately packaged to withstand the ordinary incidents of transit risk and normal rigours of road transportation. Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) may supply a container to the Sender wherein which to place the goods;

8.2.2. adequately and clearly address each consignment to enable effective delivery thereof.

9. DELIVERY OF GOODS
9.1. The onus of establishing the conditions of the goods at the time of delivery thereof by Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) shall rest with the Customer and/or the Sender. Without limiting the generality of the aforegoing, Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) shall be entitled to delay the dispatch of any goods or expedite the date of dispatch if they, in the sole discretion of Code & Copy Pty Ltd, C-market or The Courier Guy (TCG), consider it necessary for the safety of the goods or if, in the sole discretion of Code & Copy Pty Ltd, C-market or The Courier Guy (TCG), there is a backlog of goods with higher priority and/or any other reason. Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) will only deliver goods that are the property of the Customer and/or the Sender and the Customer and/or the Sender warrants that it is authorised to accept and its accepting these conditions not only on behalf of itself, but also as agent for and on behalf of all other persons who are or may become interested in the goods. The Customer and/or the Sender hereby undertake to indemnify Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) against any damages, costs and expenses resulting from any breach of this warrantee.

10. COMPANY LIABILITY
10.1. Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) shall not be liable for any loss or damage to the goods. Where Customers lodge a claim and Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) chooses to accept limited liability as specified herein, then and in such a case, no such claim shall be considered unless the Customer and/or Sender lodges a claim in writing within 48 hours after delivery of the goods to the Recipient (see INSURANCE AND ASSUMPTION OF LIABILITY below). We reiterate claims received after this time period will not be considered. Further to the above:
10.1.1. The Company’s liability shall not exceed R1,000 (ONE THOUSAND RAND) per Consignment;
10.1.2. Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) shall not be liable for indirect or consequential loss or damage to any consignment;
10.1.3. Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) shall not be liable whatsoever for any loss or damages howsoever arising in respect of late or non-delivery of any goods.

11. LOSS OR DAMAGE TO GOODS
11.1. No responsibility or liability whatsoever shall attach to Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) or its employees for any loss or damage to goods unless such loss or damage:
11.1.1. Occurs whilst the goods are in actual care, custody and control of Code & Copy Pty Ltd, C-market or The Courier Guy (TCG);
11.1.2. Is due to the negligence, intentional and/or wilful act or default of Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) or its employees.
11.2. Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) shall under no circumstances be liable for:
11.2.1. Loss or damage incurred through goods being tendered with inadequate packaging and packing;
11.2.2. Any loss or damage whatsoever caused by the perishable, fragile or brittle nature of the goods and packaging;
11.2.3. Loss or damage to any parcel exceeding the prescribed size or weight limitations being 1mx1mx1m, and 50kgs.
11.3. Notwithstanding anything to the contrary contained or implied in this clause 11 (eleven), No assumption of liability by Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) is extended to the following: mechanical or electrical goods unless contained in brand new and original packaging. Antiques or antiquities of any description, arms, ammunition, live animals of any description, bank and treasury notes, bullion, bulk cargo of any description, cash, deeds, designs, documents, explosives, furs, gold bullion, silver nuggets, models, molds, patterns, plans, precious metals, specie, travelers cheques, brass and scrap metal, seafood, fresh produce, frozen goods, aircraft unless Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) agrees in writing prior to the goods being tendered to accept liability for the handling of the items listed in this clause.

11.4. If Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) is for any reason unable to effect delivery of the goods, reasonable steps would be taken to return the goods to the Customer and/or the Sender. The Customer and/or the Sender shall be responsible for the costs of carriage, attempted delivery and return of the goods.

12. DANGEROUS GOODS
12.1. No goods will be received or accepted by Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) including radioactive materials which are or may become dangerous, inflammable or noxious, or which by their nature are or may become liable to cause injury or damage to any person, goods or property whatsoever without Code & Copy Pty Ltd, C-market and third party organisation's consent in writing prior to the goods being tendered. Should Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) consent to the movement of any of the above, the containers or packaging must be marked accordingly as to comply with the applicable legislation, regulations or requirements of any authority. Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) reserves the right to destroy any of the above should the necessary consent not be confirmed in writing prior to the goods being tendered. Whether or not the Customer and/or the Sender was aware of the nature of the goods and whether or not Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) written acceptance thereof was obtained, The Customer and/or the Sender shall be deemed to have indemnified Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) against loss, damage or liability caused by Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) as a result of the tender of the goods to Code & Copy Pty Ltd, C-market or The Courier Guy (TCG). Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) shall not transport any prohibited goods including without limitation any goods and materials, the carriage of which is prohibited by any laws, rules and/or regulations. In the event that the Customer and/or the Sender consigns such items with Code & Copy Pty Ltd, C-market or The Courier Guy (TCG), the Customer and/or the Sender shall indemnify Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) against all claims, damages or losses arising in connection herewith and Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) shall have the right to deal with such items as it shall see fit including the right to abandon carriage of the same immediately upon Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) having knowledge that such items infringes on these conditions. The Customer and/or the Sender shall be responsible and liable, without limitations for all costs, fines, damages, loss of income and/or legal costs which Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) may incur as a result of the Customer and/or the Sender’s breach of this clause.

12.2. Under No circumstances will Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) accept liability for goods of this nature, and customer and/or sender must provide written proof that the goods in question are comprehensively insured with a reputable insurer for the duration of the carriage of the goods prior to the goods being taken into Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) care, custody and control.

13. INSURANCE AND ASSUMPTION OF LIABILITY
13.1. Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) does not provide insurance to the Customer. However, subject to the terms and conditions herein and only in particular stated instances, Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) will assume liability for any loss suffered by a Customer in respect of the items specified in the waybill subject to an additional charge being levied in respect thereof, and provided further that the Customer has indicated specifically that such assumption of liability is required.

13.2. In the event that the Customer has indicated on the waybill that assumption of liability is required, an additional fee shall be charged for assumption of liability which shall be payable by the Sender /Customer to Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) as follows;

13.2.1. In the event that the Customer has indicated on the waybill that assumption of liability by Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) is required but no value is declared on the waybill or otherwise, a fee in the amount of R 50.00 shall be charged for the assumption of liability by Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) to the value of an amount not exceeding R2,500.00 (TWO THOUSAND FIVE HUNDRED RAND);

13.2.2. In the event that the Customer has indicated on the waybill that assumption of liability by Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) is required and the declared value exceeds R2,500.00 (TWO THOUSAND FIVE HUNDRED RAND), the fee charged for assumption of liability by Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) shall be 2% of the declared value but not exceeding R10,000.00 (TEN THOUSAND RAND).

13.2.3. Prepaid Customers shall automatically receive the benefit of Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) assuming liability to the value of an amount not exceeding R1,000.00 (ONE THOUSAND RAND) at no extra fee charged;

13.2.4. In the event that a Prepaid Customer has indicated that assumption of liability is required and the declared value exceeds R1,000.00 (ONE THOUSAND RAND) the fee charged for assumption of liability by Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) shall be 2% of the declared value.
13.2.5. IMPORTANT EXCLUSIONS:

13.2.5.1. Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) is not responsible for the packaging of the customer’s parcel/s and shall not, under any circumstances be liable for any loss or damage to a parcel/s which was not adequately and appropriately packaged to withstand the ordinary rigors and risk of courier transit and road transportation. Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) shall not courier or accept liability for any parcel exceeding the prescribed size limitation being 1m x 1m x 1m and 50kgs.
13.2.5.2. Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) is not responsible for ordinary loss in weight or volume or ordinary wear and tear of the consignment.
13.2.5.3. Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) is not responsible for loss, damage or expense caused by delay, even though the delay caused by a risk insured against.
13.2.5.4. Claims shall only be considered if the waybill has been endorsed, i.e. confirming the damage / loss on delivery or endorsed to read “not unpacked and checked”.
13.2.6. The Customer and/or Sender shall advise Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) in writing, strictly within 48 hours, of the damaged / lost or stolen goods being delivered/or expected to receive, at claims@thecourierguy.co.za. No claims will be entertained if not received within the 48 hour notice period.

13.2.7. Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) assumption of liability for the declared value of any one parcel, shall not exceed R30,000.00 (THIRTY THOUSAND RAND). In the event that the declared value exceeds R30,000.00, special arrangements must be made with Code & Copy Pty Ltd, C-market or The Courier Guy (TCG). The declared value must be substantiated, by a purchase invoice or an up to date valuation certificate from a professional valuator.

13.2.8. No assumption of liability by Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) is extended to the following: mechanical or electrical goods unless in brand new and original packaging. Antiques or antiquities of any description, arms, ammunition, live animals of any description, bank and treasury notes, bullion, bulk cargo of any description, cash, deeds, designs, documents, explosives, furs, gold bullion, silver nuggets, models, molds, patterns, plans, precious metals, specie, travelers cheques, brass and scrap metal, seafood, fresh produce, frozen goods, aircraft.

13.2.9. All charges, including the fees charged, owing to Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) in respect of the assumption of liability will be payable to Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) as per the conditions of payment laid out in these conditions of carriage.
13.3. In the event of the customer wanting to lodge a claim:

13.3.1. The damaged goods must be returned to Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) together with the original invoice reflecting the purchase price (proof of value) of the item. These are required for assessment and/or salvage prior to consideration of a claim. Should the damaged goods and proof of value of item/s not be received by Code & Copy Pty Ltd, C-market or The Courier Guy (TCG), Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) shall not be obligated to honour its limited assumption of liability.
13.3.2. the customer shall be responsible for the first amount or excess amount as follows?
13.3.3. In the event of a hi-jack or theft a minimum of 15% of the declared value will be charged);
13.3.4. In the event of loss due to non-hi-jack or no theft a minimum of 10% (TEN PERCENT) of the declared value will for charged.
13.3.5. The excess will automatically be deducted prior to settlement.

14. WARSAW CONVENTION
When shipments are tendered for international destinations the provisions of and law to the Warsaw Convention may apply and in most cases, further limits the liability of Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) in respect of loss or damage to such consignments.

15. LEGAL
In cases where non-payments of monies due to Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) occur, the Customer and/or the Sender shall be liable for and shall pay all legal costs incurred by Code & Copy Pty Ltd, C-market or The Courier Guy (TCG). The Customer and/or the Sender shall be liable for all costs incurred in the recovery of any monies here-under, including collection commission, attorney and own client costs, whether incurred prior or during the institution of legal proceedings, or, if Judgement has been granted, in connection with the satisfaction or enforcement of such Judgment.

16. GENERAL
No relaxation or indulgence of these conditions of carriage shall in any way prejudice Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) rights nor shall they be deemed to be a waiver of any of Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) rights in terms of these conditions and no variation, waiver, indulgence and/or relaxation of such conditions shall be binding upon Code & Copy Pty Ltd, C-market or The Courier Guy (TCG).

17. DOMICILIUM
The Customer and/or the Sender appoints their address as set out under “Details of Customer” in the Credit Application as his domicilium citandi et executandi for all purposes relating to his agreement and may amend this in writing to Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) within seven (7) working days of the change.

18. JURISDICTION OF MAGISTRATES COURT
Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) shall be entitled, at its sole election, to institute any proceedings against the Customer and/or the Sender in any Magistrates Court having jurisdiction over it, even though the cause of action or amount claimed is beyond the jurisdiction of the court. This clause does not preclude Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) from, at its sole discretion and election, instituting action in the High Court and the Customer and/or the Sender also consents to the jurisdiction of the High Court in the jurisdiction elected by Code & Copy Pty Ltd, C-market or The Courier Guy (TCG).

19. COSTS
The Customer and/or the Sender shall be liable for all costs incurred by Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) in the recovery of any amount or the enforcements of any rights which it has here-under, including collection charges and costs on an attorney and own client scale and cost of counsels as on brief whether incurred prior to or during the institution of legal proceedings or if Judgement has been granted in connection with the satisfaction or enforcement of such Judgements. The Customer and/or the Sender undertakes to pay the cost of the suretyship and cession contained herein including and stamp duty payable thereon and agrees that such costs can be debited to their account.

20. CONSEQUENTIAL LOSS
Under no circumstances whatsoever including as a result of its negligent (including grossly negligent) acts or omissions or those of its servants, agents, or agents on whose behalf Code & Copy Pty Ltd, C-market or The Courier Guy (TCG), would be liable, in respect of any loss or damage sustained by the Customer and/or the Sender of any nature whatsoever or any damage caused to the assets of the Customer and/or the Sender or assets kept on its premises by any third parties or in regard to the Customer and/or the Sender’s business or sustained by any of its customers, howsoever caused including the negligent, grossly negligent, and acts or omissions of Code & Copy Pty Ltd, C-market or The Courier Guy (TCG), its services, agents or others for who it may be liable to in law.

21. SEVERABILITY
In the event that any term and or condition herein are proven to be invalid or unenforceable, then such term and/or condition shall not affect the validity or enforceability insofar as the remaining terms and conditions are concerned;

22. WHOLE AGREEMENT
22.1. These terms and conditions (which by inference includes those agreements and conventions expressly referred to herein) constitute the entire agreement between the parties and shall prevail over, exclude and supersede any other terms or conditions, stipulations, warranties, statements of fact or opinion or representations, oral or written, whatsoever have been made or relied upon by either party other than as specifically included herein.

22.2. The Sender expressly confirms that it does not rely upon or claim any other terms, warranties, conditions or representations relating to the use of Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) services under these terms and conditions .

23. NO VARIATION
No variation or cancellation of these terms and conditions shall be of any force or effect unless reduced to writing and signed by or on behalf of Code & Copy Pty Ltd, C-market or The Courier Guy (TCG);

24. NO WAIVER
Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) shall be regarded as having waived, or be precluded from exercising any right under these terms and conditions by reason merely that Code & Copy Pty Ltd, C-market or The Courier Guy (TCG) has shown any indulgence to the Customer or fails to exercise or delays in exercising any right in terms hereof;

25. SEVERABILITY
In the event that any term and/ or condition herein are proven to be invalid or unenforceable, then such term and/or condition shall not affect the validity or enforceability insofar as the remaining provisions of these terms and conditions are concerned; and