1. INTRODUCTION

1.1 These Terms and Conditions of Carriage (“Terms”) apply to all transportation, collection, delivery, storage, handling and related logistics services provided by MegaStar Trading 1

CC t/a MegaStar Logistics (“MegaStar”, “we”, “us” or “our”). 1.2 By requesting, authorising or accepting any service from MegaStar, the customer (“Client”, “Sender”, “Consignor” or
“you”) agrees that these Terms form part of the agreement between the parties.
1.3 These Terms are intended to be read together with any quotation, service agreement, credit application, waybill, delivery instruction or other written agreement issued or accepted by
MegaStar. 1.4 Where there is a conflict between these Terms and a specific written agreement signed by both parties, the signed agreement will prevail to the extent of the inconsistency.

2. SERVICES
2.1 MegaStar provides road-freight and logistics services, including, where applicable:
 Express Air – same-day and overnight services;
 Overnight Road Freight;
 Same-Day Road Freight;
 Economy Road Freight;
 Collection and delivery services;
 Load and transport coordination; and
 Other logistics services agreed with the Client.
2.2 Delivery timeframes provided by MegaStar are estimates unless a specific delivery commitment has been expressly agreed to in writing.
2.3 Delivery times may be affected by traffic, road conditions, weather, vehicle breakdown, accidents, strikes, delays at collection or delivery points, incorrect information supplied by the
Client, loading delays, border or regulatory requirements and other circumstances beyond MegaStar’s reasonable control.

3. ROUTING AND METHOD OF TRANSPORT
3.1 MegaStar may determine the appropriate route, vehicle, carrier, depot, subcontractor or method of transportation required to perform the service.
3.2 MegaStar reserves the right to alter the route or method of transportation where reasonably necessary due to road conditions, adverse weather, road closures, traffic restrictions, vehicle
restrictions, safety considerations, regulatory requirements or other circumstances affecting the safe or practical transportation of the goods.
3.3 Where a change in route or transportation method results in additional costs, MegaStar may recover such reasonable additional costs from the Client, provided that the Client is
informed where reasonably practicable.

4. DESCRIPTION AND CONDITION OF GOODS
4.1 The Client warrants that all information supplied to MegaStar concerning the goods is complete and accurate, including:
 description and nature of the goods;
 quantity and weight;
 dimensions;
 declared value;
 packaging requirements;
 collection and delivery addresses;
 contact details; and
 any special handling or transportation requirements.
4.2 The Client is responsible for ensuring that goods are properly packaged, labelled, secured and prepared for transportation.
4.3 MegaStar may refuse, suspend or terminate the transportation of goods where the goods are inadequately packaged, incorrectly declared, unsafe, unlawful or likely to create a risk to
persons, vehicles, property or other consignments.
4.4 MegaStar is not responsible for loss or damage resulting from inadequate, defective or inappropriate packaging, labelling or preparation of the goods, except to the extent that such
liability cannot lawfully be excluded or limited.

5. LOADING AND UNLOADING
5.1 Unless otherwise agreed in writing, the Client is responsible for ensuring that the goods are ready for collection at the agreed time and location.
5.2 The Client must ensure that the collection and delivery premises are reasonably accessible and suitable for the vehicle being used.
5.3 Any waiting time, additional loading or unloading requirements, re-delivery, additional collection or special handling caused by circumstances attributable to the Client or consignee
may result in additional charges.

6. OWNER’S RISK AND INSURANCE OF GOODS
6.1 Unless otherwise expressly agreed in writing, goods are transported at the owner’s risk.
6.2 The Client remains responsible for arranging adequate insurance cover for the goods against loss, theft, damage or destruction during transportation, loading, unloading and any agreed
storage or handling.
6.3 MegaStar does not automatically provide insurance cover for the full value of the goods.
6.4 Where the Client requires MegaStar to arrange additional goods-in-transit insurance or specific insurance cover, such arrangement must be requested in writing before the goods are
collected and must be expressly accepted by MegaStar in writing.
6.5 Any insurance arranged through or facilitated by MegaStar will be subject to the applicable insurer’s policy terms, conditions, exclusions, excesses, limits and requirements.
6.6 The Client acknowledges that an insurance premium, excess, policy limitation or other charge may apply where additional insurance is requested.
6.7 MegaStar will not be responsible for any portion of an insured claim that is not recoverable from the insurer due to a policy exclusion, excess, under-insurance, inaccurate declaration of value, inadequate packaging, non-disclosure, breach of policy conditions or any other matter attributable to the Client, except where applicable law provides otherwise.

6.8 The Client remains responsible for ensuring that the declared value of the goods is accurate and sufficient for its insurance requirements.

6.9 Nothing in these Terms is intended to exclude or limit any liability which cannot lawfully be excluded or limited under applicable South African law.

7. LIABILITY FOR LOSS, DAMAGE OR DELAY

7.1 MegaStar will exercise reasonable care in providing its services.

7.2 Subject to applicable law and these Terms, MegaStar will not be liable for loss, damage or delay arising from circumstances beyond its reasonable control.

7.3 Such circumstances may include, without limitation:

 acts of God;

 severe weather;

 floods;

 fires;

 accidents;

 road closures;

 traffic congestion;

 civil unrest;

 strikes or industrial action;

 theft or criminal activity;

 governmental or regulatory restrictions;

 mechanical failure;

 incorrect or incomplete information supplied by the Client;

 inadequate packaging;

 inherent defects in the goods;

 natural deterioration of the goods; or

 delays caused by the Client, consignor or consignee.

7.4 MegaStar will not be liable for indirect, special or consequential loss, including loss of profit, loss of production, loss of business opportunity or similar consequential losses, to the

extent permitted by law.

7.5 Nothing in these Terms excludes liability for fraud, wilful misconduct, gross negligence or any other liability which cannot lawfully be excluded or limited.

8. DANGEROUS, HAZARDOUS AND PROHIBITED GOODS

8.1 The Client must disclose in writing, before collection, whether any goods constitute dangerous, hazardous, flammable, explosive, toxic, corrosive, regulated or otherwise restricted

goods.

8.2 Dangerous goods must be correctly classified, packaged, marked, labelled and documented in accordance with all applicable laws and regulations.

8.3 MegaStar reserves the right to refuse transportation of dangerous or hazardous goods where the required information, documentation, packaging, vehicle requirements, permits,

insurance or other legal requirements have not been satisfied.

8.4 The Client indemnifies MegaStar, to the extent permitted by law, against losses, costs, claims, penalties, damage or injury arising from the Client's failure to properly declare, package,

label or document dangerous or hazardous goods.

8.5 MegaStar's handling of dangerous goods will be subject to applicable South African road-transport and dangerous-goods legislation and regulations.

9. COLLECTION AND DELIVERY

9.1 MegaStar will deliver the goods to the delivery address and/or consignee specified by the Client.

9.2 The Client is responsible for providing accurate collection and delivery details.

9.3 If delivery cannot be completed due to an incorrect address, unavailable consignee, refusal of delivery, restricted access or circumstances attributable to the Client or consignee,

MegaStar may charge for reasonable additional costs incurred.

9.4 Proof of Delivery (“POD”) may be provided electronically or in another agreed format.

9.5 A signed POD, electronic confirmation or other reasonable delivery confirmation may constitute evidence that delivery has been completed, subject to any legitimate dispute regarding

the condition or quantity of the goods.

10. CLAIMS FOR LOSS OR DAMAGE

10.1 Insurance / GIT cover is not provided unless requested in writing and agreed upon by both parties prior to carriage.

10.2 No insurance cover on cash sales.

10.3 Any claim relating to loss, shortage or damage must be notified to MegaStar in writing as soon as reasonably possible after delivery or discovery of the loss or damage.

10.4 The Client must provide all information and documentation reasonably required to investigate the claim, including and are not limited to :

 the relevant waybill;

 POD;

 photographs;

 invoice or proof of value;

 description of the loss or damage;

 packaging information; and

 any other relevant supporting documentation.

   No claim will be entertained should any lost/damaged goods be reported in writing within 24 hours

10.5 Where insurance has been arranged, the Client must comply with the insurer’s claim notification and documentation requirements.

10.6 MegaStar will reasonably cooperate with the Client and/or insurer in investigating a valid claim.

11. CHARGES AND PAYMENT TERMS

11.1 All charges for transportation and related services are based on the quotation or agreed tariff applicable to the service.

11.2 Unless otherwise agreed in writing, MegaStar's standard credit terms are 30 days from date of invoice.

11.3 The Client remains responsible for all amounts due to MegaStar, including where a third party or consignee was expected to make payment.

11.4 If the Client requests a service on behalf of another party, the Client remains liable for payment unless MegaStar has expressly agreed otherwise in writing.

11.5 Any disputed invoice must be raised in writing within a reasonable period after receipt, identifying the specific amount and reason for the dispute. Undisputed amounts remain

payable in accordance with the agreed payment terms.

11.6 We reserve the right to withhold/store goods/deliveries to recover outstanding amounts due to MegaStar.

12. INTEREST ON OVERDUE ACCOUNTS

12.1 Any amount not paid by the due date may accrue interest at 25% per annum, calculated from the due date until the date of payment, subject to applicable law.

12.2 MegaStar reserves the right to suspend further credit facilities or services where an account is overdue.

12.3 The Client remains liable for reasonable costs incurred by MegaStar in recovering overdue amounts, including legal and collection costs, to the extent permitted by law.

13. CREDIT APPLICATION AND CREDIT FACILITIES

13.1 Approval of a credit application is at MegaStar’s discretion.

13.2 MegaStar may conduct reasonable credit and trade-reference checks before approving or continuing a credit facility.

13.3 The Client warrants that all information supplied in its credit application is true, complete and accurate.

13.4 MegaStar may review, amend, reduce or withdraw a credit facility where circumstances reasonably justify doing so.

13.5 The Client must immediately notify MegaStar of any material change to its ownership, business registration, banking details, trading status or contact details.

14. LIEN AND RIGHT OF RETENTION

14.1 To the extent permitted by law, MegaStar may exercise any applicable lien or right of retention over goods in its lawful possession where amounts properly due and payable remain

outstanding.14.2 MegaStar will exercise any such right in accordance with applicable law and will provide any notices required by law.

15. SUBCONTRACTING

15.1 MegaStar may appoint or utilise subcontractors, agents, carriers or other service providers where reasonably necessary to perform the services.

15.2 Where subcontractors are used, MegaStar will remain responsible for managing the service in accordance with the agreed terms, subject always to the applicable legal framework and

these Terms.

16. CUSTOMER RESPONSIBILITIES

The Client agrees to:

16.1 provide accurate and complete information;

16.2 ensure goods are properly packaged and labelled;

16.3 disclose dangerous or restricted goods before collection;

16.4 ensure that all required permits, licences and documentation are available;

16.5 make goods available for collection at the agreed time;

16.6 ensure that the consignee is able to receive the goods; and

16.7 pay all amounts due to MegaStar within the agreed payment period.

17. COMPLIANCE WITH LAW

17.1 The parties will comply with all applicable South African legislation and regulations relevant to the transportation and handling of goods.

17.2 This includes applicable road-traffic, transport, dangerous-goods, occupational health and safety, consumer-protection, insurance and other relevant legal requirements.

17.3 Where legislation imposes mandatory obligations or rights which conflict with these Terms, the applicable legislation will prevail.

The National Road Traffic Act and its regulations regulate road-traffic matters in South Africa, while specific regulations impose requirements relating to certain transportation agreements

and insurance arrangements.

18. LIMITATION OF LIABILITY

18.1 Any limitation or exclusion of MegaStar’s liability contained in these Terms applies only to the extent permitted by applicable law.

18.2 Nothing in these Terms is intended to:

 exclude liability where such exclusion is prohibited by law;

 deprive a consumer of a statutory right;

 exclude liability for gross negligence where such exclusion is prohibited;

 mislead the Client regarding its legal rights; or

   override mandatory provisions of applicable legislation.

18.3 Where the Consumer Protection Act applies to a transaction, any limitation, assumption of risk or indemnity contemplated by applicable law will be brought to the Client’s attention in

the manner required by law.

19. INDEMNITY

19.1 To the extent permitted by law, the Client indemnifies MegaStar against reasonable losses, claims, costs, damages and expenses arising from:

 inaccurate or incomplete information supplied by the Client;

 improper or inadequate packaging;

 undeclared dangerous or prohibited goods;

 unlawful goods;

 failure to obtain required permits or approvals;

 breach of these Terms by the Client; or

 acts or omissions of the Client, consignor or consignee.

19.2 This indemnity does not apply to the extent that the relevant loss was caused by MegaStar's own conduct or where such indemnity is prohibited or restricted by applicable law.

20. CANCELLATION AND SUSPENSION

20.1 MegaStar may suspend or cancel a service where: payment is overdue; the Client has provided materially incorrect information; the goods are unsafe or unlawful; required documentation is unavailable; transportation would breach applicable law; or the Client otherwise materially breaches these Terms.

20.2 Any cancellation charges will be determined in accordance with the applicable quotation, tariff or written agreement.

21. FORCE MAJEURE

21.1 Neither party will be liable for failure or delay in performing its obligations where such failure or delay results from circumstances reasonably beyond that party’s control (this also includes any acts of God).

21.2 The affected party will take reasonable steps to minimise the impact of such circumstances and resume performance as soon as reasonably practicable.

22. NOTICES AND COMMUNICATION

22.1 Notices relating to services, accounts, claims or disputes must be provided in writing.

22.2 Electronic communication, including email, may be used where the parties have agreed to communicate electronically.

22.3 The Client is responsible for ensuring that MegaStar has its current contact and email details.

23. GOVERNING LAW AND JURISDICTION

23.1 These Terms are governed by the laws of the Republic of South Africa.

23.2 Any dispute arising from these Terms will, where appropriate, first be addressed through good-faith discussions between the parties.

23.3 Subject to any mandatory jurisdiction or dispute-resolution provisions imposed by law, the parties consent to the jurisdiction of the appropriate South African courts having jurisdiction over the matter.

24. GENERAL

24.1 These Terms, together with the applicable quotation, waybill, credit application and any written agreement between the parties, constitute the basis upon which MegaStar provides its services.

24.2 No amendment to these Terms will be binding unless communicated or agreed in writing by MegaStar, subject to applicable law.

24.3 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

24.4 A failure by MegaStar to enforce any provision immediately does not constitute a waiver of that provision.

24.5 Headings are included for convenience and do not affect interpretation.