Terms & conditions
Terms &
conditions
1. Interpretations and definitions
- In this document, the following words of phrases shall the definitions and or meanings ascribed to it:
- “Company” means BOB GROUP (PTY) LTD, including any and all subsidiaries and/or affiliates, including all of its directors, offices, employees or agents;
- “Counter” means any counter delivery services operated or controlled by the Company;
- “Goods” means such moveable items handed over to the Company for the performance of the Services, whether such items were accepted by the Company or not, and the risk of which shall remain with the Sender and/or Recipient as the case may be by agreement between the Sender and Recipient;
- “Parcel Locker” means any parcel locker service operated or and controlled by the Company;
- “Prohibited Items” mean any weapons, poisonous or infectious substances, cash, human remains, jewellery, toxic materials, animals, inflammable or dangerous materials, or any other items that are illegal, requires a permit or licence to be in possession of, to transport or receive;
- “Recipient” means the person to whom the Goods are intended to be delivered as part of the Services performed by the Company;
- “Services” means the collection, transportation and/or delivery of Goods for, on behalf of and/or on instruction of the Sender, including all acts, operations, processes and other services necessary, incidental, ancillary or related thereto, which shall all be subject to the Agreement;
- “Sender” means the person for or on behalf of whom, or on whose instruction the Company performs the Services;
- “Subcontractor” means and includes any person who, under a contract or arrangement with any other person (whether the Company or not) performs or agrees to perform the Services or any part of the services;
- “Terminal” shall mean any Parcel Locker or Counter within the BOB BOX Smart Terminal Network of the Company;
- “Terms and Conditions” means these Terms and Conditions as published, republished, amended and/or replaced from time to time, read with any official related documents of the Company, as well as all correspondence from the Company from time to time, which are deemed to be accepted by the Sender, and the Recipient;
- “User” means the Sender, Recipient or the Sender and Recipient as required by the context.
- Words denoting, the singular shall include the plural and vice versa;
- Any gender includes the other genders;
- References to persons shall include reference to juristic persons and vice versa;
- Industry specific terms shall have the meaning generally assigned to in the industry, unless the contrary appears from these Terms and Conditions or the context.
- Should any number of days have to be calculated, the first day shall be excluded from the calculation and the last day included in the calculation.
2. Acceptance of terms and conditions
- By making use of the Services, whether as Sender or Recipient, such person shall be deemed to have accepted the Terms and Conditions, whether they have explicitly agreed thereto prior to the performance of the Services or not.
- It is recorded that the Sender has been provided with a copy or reference to the Terms and Conditions prior to instructing the Company to perform the Services, that it has accepted the Terms and Conditions, and the Sender shall ensure that all Recipients are provided with a copy of or reference to these Terms and Conditions before the performance of the Services to the Recipient.
- The Company reserves the right to unilaterally modify, amend, change, supplement or replace these Terms and Conditions, with or without notice to the User. The Terms and Conditions as they stand when a waybill is issued, shall be applicable to the Services in relation to that waybill.
- In addition to these Terms and Conditions, any terms and conditions of a Subcontractor shall apply to the Services.
3. Description of services
- The Services shall include, but not be limited to:
- The collection and delivery of Goods to the Terminal;
- The Company may subcontract the handling, storage and transportation of Parcels to third parties, including the Courier. In rendering the Services, the Company and the Client are bound by the terms of service of such third parties, including the Courier.
- When the Shipment is ready for collection from the terminal or counter, the Recipient will receive a notification via Email and/or SMS. The notification will have an OTP (One time pin), this must be keyed on the keypad of the locker or provided to the counter clerk.
- If a parcel is not collected within 48 Hours after the first collection notification, the Shipment will be returned to the nearest courier branch where alternative arrangements will be made. Additional charges will apply.
- All delivery time frames do not include the day of collection.
- Any Service charge quoted by the Company is subject to change, modification and/or withdrawal pursuant to a change in any direct or indirect circumstances beyond the control of the Company.
4. User obligations
It shall be the sole responsibility of the User to:
- Select the correct Terminal. An Incorrect Terminal Selection may incur additional service charges;
- Ensure that dimensions of the parcel are in line with the compartment size selected, namely:
- small (56cm x 32cm x 12cm);
- medium (56cm x 32cm x 26cm); and
- large (56cm x 32cm x 53cm).
- If the compartment size selected is too small and a bigger one is required, additional charge might apply.
- Prepare and pack the Goods for shipment to withstand normal rigours of road transportation;
- It’s the Sender’s responsibility to ensure all parcels are adequately packaged and conspicuously mark any valuable or fragile items. Notwithstanding the aforesaid, the provisions regarding the risk in and insurance of the Goods remains unaltered;
- Ensure that the Locker or Counter location (address) and waybill number is marked clearly on the shipment, which may require printing of the provided waybill to be placed onto the parcel.
- Ensure that the customer collects the parcel within 48 hours of receiving the pin notification, the Shipment will be returned to the nearest courier branch where alternative arrangements will be made. Additional charges will apply.
5. Restrictions and prohibited items
- The Services are excluded for Prohibited Items.
- Goods that exceed the maximum permissible weight applicable to the Terminal shall not be collected or be returned to the nearest courier hub, from where it shall be transferred and delivered to the Recipient, which may incur additional service charges.
6. Storage of package(s)
The User agrees to and authorises the Company to store any Goods that are in transit between the Sender and the Receiver.
7. Conditions of carriage
- Goods are accepted subject to the terms and conditions stipulated by any other carriers, Subcontractors, handlers and any other party into whose possession or custody they may pass to finalise and deliver goods that come into their possession.
- Under no circumstances shall any strict liability attach to the Company.
8. Insurance, exclusion and limitation of liability
- The provisions of this clause shall take precedence over any clause and/or communication by or on behalf of the Company to the contrary.
- The Company shall under no circumstances be liable towards the User or any third party for any loss or damage, whether direct, indirect, consequential or otherwise, during the performance of the Services by the Company, provided that the following liability limits shall apply to any liability of the Company:
- The Company’s liability shall be limited to events that occurs while Goods are in the actual control and possession of the Company;
- The event giving rise to damages occurs as a result of a wilful or gross negligent act on the part of the Company;
- The Company’s monetary liability shall be limited to the actual cost of the Goods up to a maximum of R1000 plus 2.5% of the amount by which the actual cost of the Goods exceeds R1 000.00.
- The User shall ensure that the Goods are sufficiently insured, at its own cost, for the maximum permissible replacement value thereof, and indemnifies the Company against any and all claims by any person for any loss or damage suffered as a result of the Company performing the Services on instruction of the User.
- The Sender indemnifies the Company against any claims by the Recipient against the Company and the Recipient indemnifies the Company against any claims by the Seder against the Company.
- The Company may, in its sole and absolute discretion insure any Goods in transit during its performance of the Services, but the absence of such insurance shall under no circumstances give rise to any claims against the Company for any loss of or damage to the Goods for whatever reason.
- Notwithstanding the generality of the exclusion of liability for the Company, the Company shall not be liable for any loss or damage whatsoever towards the User for acts other than the wilful and unlawful acts of the Company.
9. Parcels
- Only Parcels weighing up to 24 kg and with dimensions up to 56cm x 34cm x 52cm will be accepted.
- The Package(s) can be monitored through the “Track my parcel” feature that is available on the Bob Box website.
- Bob Box Lockers offer a delivery service twenty-four (24) hours a day, seven (7) days a week. This schedule may undergo changes depending on the accessibility and/or opening of the premises in which the Bob Box Locker is located, leaving the provision of the delivery service subject to it.
- Bob Box Counters offer a delivery service from 08h00 to 17h00, on business days. This schedule may undergo changes depending on the accessibility and/or opening of the premises in which the Bob Box Counter is located, leaving the provision of the delivery service subject to it.
- The Company will not be responsible when the delivery of a package is impossible due to:
- Incomplete or incorrect address.
- Non-collection by the recipient within the expected period.
- Non-compliance to contracted measures and weight.
10. Warranties
The User, whether it is the Sender and/or Recipient, warrants to the Company that:
- The address of the Recipient exists, that the Terminal is selected by the User and/or that the Company is able to, by applying reasonable commercial practices, deliver or make the Goods available for collection, by the Recipient.
- That any changes to the Services will be communicated timeously to the Company, so as to minimise unnecessary charges (for which the User shall be liable) and ensure efficient delivery of the Goods to the selected Terminal. Notwithstanding the aforesaid, the User shall be liable for any unnecessary Service charges incurred as a result of a change to the Services requested by the User.
11. Breach and suspension of services
- Should the User fail to comply with any of its payment obligations towards the Company, the Company reserves the right to suspend the Services to or from the User until such time that such payment obligations are fulfilled. This discretion of the Company is not limited to a specific waybill or consignment but attaches to the name and/or profile of the User.
- The Company shall exercise a lien over any Goods in its possession for the due and punctual performance of the User of its payment obligations towards the Company.
- Should the User be in breach of its payment obligations towards the Company, the Company reserves the right to suspend the performance of the Services until such time that the User has rectified its breach of its payment obligations.
- Should the User remain in breach of its payment obligations for a period of 30 (thirty) days from date of written notification to the User demanding rectification of its breach, the Company shall be entitled to proceed, without further notification or demand, to sell any Goods held under the lien as provided for in clause 11.2, to satisfy the outstanding payment obligations towards the company in part or in full, including any costs associated with the storage and selling of such goods. The User shall remain liable for any shortfall after the Company has exercised its rights in terms of this clause 11.4, and any surplus proceeds shall be paid to the User within 60 (sixty) days after a written demand therefor by the User.
- The selling price of the Goods as contemplated in clause 11.4 shall be final and binding. The User shall only have a claim against the Company if the Goods were sold below a proven market value, and only after the lapse of 24 (twenty-four) hours after payment has been made by the User of its full indebtedness towards the Company, whether then due, owing and/or payable or not.
- The Company may, at any time when the User is in breach of its payment obligations towards the Company, terminate the services, and retain as security for payment of such outstanding payment obligations, any Goods in possession of the Company.
- In order to give effect to the provisions of this clause 11, the User authorises the Company to open and examine any Goods to determine its value and saleability, the determination of which shall be in the absolute discretion of the Company, which determination shall also be final and binding.
- Nothing contained in this clause 11 shall confer any obligations on or liability for the Company for the safekeeping, deterioration, destruction or other loss or partial loss of the Goods, and the rights afforded to the Company in terms of this clause 11 shall be without prejudice and in addition to any other rights the Company may have against the User.
12. Personal information
- Reference to “the Act” in this clause shall refer to the Protection of Personal Information Act 4 of 20213, as amended or re-enacted from time to time.
- Each party undertakes to comply with any obligations imposed on it by the Act and indemnifies the other parties against any breach by it of any of such obligations, provided that each party shall only be bound by such provisions of the Act as prescribed for the capacity in which each party processes personal information pursuant to the receipt and performance of the Services.
- It is recorded that each party consents to the processing of such Personal Information to the extent required in terms of the Act for the receipt and performance of the Services, provided that the Personal Information so processed shall not be limited to only such information that are strictly necessary for the receipt and performance of the Services.
- The Privacy Policy, if any, of each party shall apply to the Services and are incorporated herein by reference.
13. General
- It is specifically recorded that the User does not rely on any terms, warranties, conditions and/or representations other than those made in terms of these Terms and Conditions by or on behalf of the Company.
- The User shall be liable for all costs incurred by the Company to enforce any of the provision of these Terms and conditions, on an Attorney and Client Scale, which costs shall include but not be limited to, mediation costs, pre-litigation costs, pre-arbitration costs, arbitration costs and litigation costs.
- No relaxation or indulgence granted by the Company to the User shall in any way prejudice the rights of the Company in terms of these Terms and Conditions, nor shall it be deemed to be a waiver of nay of the Company’s rights in terms of these Terms and Conditions.
- Each User chooses as its domicilium citandi et executandi the last address of such User known by the Company.
- Should any term and/or condition of these Terms and Conditions be found by a competent forum to be illegal or unenforceable, any alternative interpretation that would remove such illegality and or unenforceability shall be preferred, and only if no alternative interpretation is possible, shall such provision be severed from the balance of these Terms and Condition, which shall remain in full force and effect.
- These Terms and Conditions, together with any other documents incorporated by reference, shall constitute the entire agreement between the parties, and shall supersede any other terms, conditions, communications, publications or the like, which are less favourable to the Company.
Last updated on 2023-08-15.
If there are any questions regarding the terms and conditions, please contact us.
