Terms & conditions

Terms and Conditions

1. Definitions

1.1 “Fastrak Couriers” is a trading name for Fastrak Couriers (Pty) Ltd (or such other registered entity as may be reflected on official company documentation).

1.2 “Customer” means the shipper, owner, consignee, sender, prospective customer, or their agent for the shipment of goods, or any person with whom Fastrak Couriers contracts for the purpose of providing any advice, information or service.

1.3 “Goods” means any goods handled, transported or dealt with by Fastrak Couriers or on its behalf on the instructions of the Customer, and includes any container or other equipment used in connection with such goods.

1.4 “Owner” means the owner of the Goods to which any business concluded under these Terms and Conditions relates and any other person having any interest therein.

1.5 “Terms and Conditions” means the terms and conditions set out in this Fastrak Couriers Terms and Conditions document.

1.6 “Sub‑contractor” means any entity employed by Fastrak Couriers to render courier services or aspects of courier service (road or air), including any portion of a journey or any aspect related to the rendering of courier services generally.
1.7 “Third Party” means any person or entity not a party to this agreement.

2. Services and Delivery Times

2.1 All delivery time indications relate to working days (Mondays to Fridays) only. Typical services may include:

Next Day: Economical overnight delivery to main centres (with outlying areas typically within 72 hours, depending on destination) before 12h00 the next day.
Road Economy: Cost‑effective delivery to main centres and regional areas within approximately 2–5 days.

2.2 For service categorisation, destinations within a 50 km radius from recognised main centres are usually regarded as main centres; areas outside this radius are considered regional and may take longer depending on service frequency.
2.3 The Customer is deemed to have indemnified Fastrak Couriers against any losses, damages, expenses and fines arising from any inaccuracy or omission due to negligence on the part of the Customer.

3. Website Disclaimers

3.1 Packaging

3.1.1 The Customer warrants that all Goods have been properly and sufficiently packed and prepared. The Customer indemnifies Fastrak Couriers against all damage to Goods arising from improper packaging, and Fastrak Couriers may reject collection, without refund, if items are not properly packaged.
3.1.2 One shipment equals one box or flyer, unless specified that the shipment consists of more than one box or flyer; each additional piece (up to a maximum of three) must have its own dimensions and weight declared, and charges apply per piece with a maximum weight per piece of 30 kg.
3.1.3 Where multiple pieces in one shipment share the same collection and delivery address, the system may allow entry of multiple weights and dimensions; otherwise separate bookings must be made.

3.2 Insurance

3.2.1 All shipping ordered on the Fastrak Couriers website comes with a fixed insurance liability of up to R1 000, included automatically in the total cost of shipping once these Terms and Conditions are accepted.
3.2.2 In the event of an insurance claim, the Customer must provide a commercial invoice and proof/receipt of purchase; without these, Fastrak Couriers is not liable to pay out any insurance claim.
3.2.3 Any claim in respect of duties and liabilities or insurance must be lodged in writing within 7 days after delivery of the Goods or the date when the Goods should have been delivered, and suit must be brought within 9 months thereafter, failing which Fastrak Couriers shall be discharged from all liability.
3.2.4 Fastrak Couriers shall not refund the Customer for loss or damage if:

Goods are insufficiently packaged.
No commercial invoice/proof of purchase is provided.
Goods are second‑hand items.
Goods are prohibited items as set out in the prohibited goods clause.

3.2.5 If a refund is requested after an attempted collection or delivery, Fastrak Couriers reserves the right to refuse any refund or to refund freight charges only up to 50%.
3.2.6 In the event of theft, an insurance amount up to R1 000 will be provided in accordance with the commercial invoice submitted, whichever is lesser; in the event of gross negligence by Fastrak Couriers leading to theft, a commercial settlement may be determined after investigation.

3.3 Weight Discrepancy

3.3.1 The Customer is responsible for declaring the true weight and dimensions of consignments and acknowledges that discrepancies discovered later may result in additional charges, which are payable before or at the conclusion of the conveyance or release of the consignment.
3.3.2 Fastrak Couriers’ calculation of actual or dimensional weight will apply in case of discrepancy, and where the difference in charges exceeds R50, additional charges will be billed and the shipment may be held until full payment is received.
3.3.3 If misdeclaration of weight or dimensions requires a special vehicle for collection or delivery, Fastrak Couriers may refuse collection or delivery without refund.

3.4 Prohibited Goods

3.4.1 Fastrak Couriers will not accept or deal with, among others, precious stones, jewellery, valuables, antiques, pictures, human remains, livestock, plants, framed items, cellphones and cellphone commodities, liquids, food or frozen food, explosives, flammable or radioactive materials, corrosives, poisons, or illegal substances.
3.4.2 Fastrak Couriers also reserves the right not to accept certain items such as televisions, furniture, kitchen appliances, laptops, gaming consoles, solar panels, glass items, medication, cash, important governmental or educational documents, tyres, machinery, and similar items.
3.4.3 Dangerous or noxious Goods may only be accepted with Fastrak Couriers’ prior written consent, and the Customer warrants full compliance with applicable laws and labelling requirements.
3.4.4 If such Goods are delivered to Fastrak Couriers in breach of these provisions, Fastrak Couriers may destroy or otherwise deal with them at the Customer’s risk and expense, and the Customer indemnifies Fastrak Couriers against all loss or damage arising therefrom.
3.4.5 Goods in Fastrak Couriers’ care may be sold or disposed of at the Customer’s expense after notice if they deteriorate, are insufficiently addressed, the Customer cannot be identified, or they are not collected within 21 days after written notice to collect.

4. Exclusion of Consequential Loss

4.1 Fastrak Couriers shall not be liable for any consequential or special damages or other indirect losses, including loss of income, profits, interest, utility or market, whether or not Fastrak Couriers had knowledge that such damage might be incurred.
4.2 For online purchases where the supplier chooses Fastrak Couriers as courier, insurance applies only up to R1 000 and packaging remains the responsibility of the supplier; second‑hand items from such suppliers are shipped entirely at the Customer’s risk and no consequential claims will be entertained.

5. Collection, Delivery and Warehousing

5.1 All collection instructions or agreed variations, however given, are binding and subject to these Terms and Conditions.
5.2 Any waybill or air waybill (original or copy), including those digitally signed, held by Fastrak Couriers will be prima facie proof of delivery.
5.3 If delivery is not accepted at the appropriate time and place, Fastrak Couriers may store the Goods at the Customer’s risk and expense.
5.4 Pending forwarding or delivery, or if required by the Customer, Goods may be warehoused or otherwise held at any place in Fastrak Couriers’ discretion, at the Customer’s risk and expense.
5.5 Fastrak Couriers may refuse Goods upon collection without refund if the driver suspects prohibited Goods, or if the Customer is unavailable during the agreed collection time window; rebooking will be at the Customer’s expense.
5.6 Fastrak Couriers reserves the right to refuse collections or deliveries to or from government departments, casinos, schools, mines, airports, embassies, universities, retail stores, chain store distribution centres, or online pick‑up/drop‑off points, without refund.
5.7 The sender is the party billed for the service; if the sender does not provide a printed waybill with the parcel after two collection attempts, Fastrak Couriers may refuse collection without refund.

6.1 Except under prior written arrangements, Fastrak Couriers will not accept or deal with bullion, precious stones, jewellery, valuables, antiques, human remains, livestock, plants, cellphones and similar high‑risk Goods.
6.2 The Customer must obtain prior written consent before tendering dangerous or noxious Goods, and warrants full compliance with legal and labelling requirements.
6.3 Fastrak Couriers may destroy or otherwise deal with such Goods if delivered in breach of these provisions, at the Customer’s risk and expense, and the Customer indemnifies Fastrak Couriers for all resulting loss.
6.4 Goods in Fastrak Couriers’ care may be sold or disposed of at the Customer’s expense after reasonable notice if they deteriorate, are insufficiently addressed, the Customer cannot be identified, or they remain uncollected after 21 days from notification to collect.

7. Examination of Goods

7.1 Fastrak Couriers is not responsible for failing to examine landed Goods or act on discrepancies unless timeously advised by the landing or discharging agent that such Goods have been landed and that a discrepancy exists.
7.2 Fastrak Couriers is not responsible for counting bundled or palletised Goods, and any counting undertaken by Fastrak Couriers is without liability and may attract an additional charge.

8. Recovery of Duty Overpaid

8.1 If any duty, tax, levy, freight, cartage or other impost has been paid in an incorrect amount, any responsibility of Fastrak Couriers ceases if the Customer does not promptly advise Fastrak Couriers and take all steps necessary to enable recovery of the amount overpaid.
8.2 If the Customer’s act or omission prejudices Fastrak Couriers’ right of recovery, the Customer is deemed not to have complied with these provisions.

9. Customer’s Undertakings

9.1 The Customer must inform Fastrak Couriers in writing within 7 days of any change of member, shareholder, owner, partner, or address, or at least 14 days prior to selling or alienating the business, failing which a material breach occurs and credit facilities may be withdrawn.
9.2 The Customer warrants that:

It is the owner or authorised agent of the owner of the Goods.
Any owner, sender or consignee is bound by these Terms and Conditions.
All information and instructions supplied are accurate, true and comprehensive, and the Customer indemnifies Fastrak Couriers against all related claims.
All Goods will be properly prepared, packed, stowed, labelled and marked.

10. Time of the Essence

Time is of the essence for the performance by the Customer of all obligations owed to Fastrak Couriers in terms of any agreement governed by these Terms and Conditions.

11. Fastrak Couriers’ Discretion

11.1 In the absence of specific written instructions, Fastrak Couriers may decide when and how to discharge its obligations.
11.2 Where there is a choice of tariff rates or premiums, Fastrak Couriers may in its discretion determine declarations and the extent of liability assumed by carriers, warehousemen, underwriters or other parties.

12. Principal and Agent

12.1 Unless otherwise agreed in writing, Fastrak Couriers may act either as principal or as agent in procuring carriage, storage, packing or handling of Goods.
12.2 When acting as agent, Fastrak Couriers may enter into any contracts reasonably required to fulfil the Customer’s instructions, which will be binding on the Customer.

13. Combined Transport Documents

Fastrak Couriers may issue combined transport bills of lading or similar documents for the movement of Goods; these Terms and Conditions will apply except where inconsistent with such documents, and additional charges may apply.

14. No Public Carrier

Fastrak Couriers deals with Goods on the basis that it is neither a common carrier nor a public carrier.

15. No Warranties

Fastrak Couriers makes no warranties or representations other than those specifically provided in these Terms and Conditions or notified in writing from time to time.

16. Limitation of Liability

16.1 Fastrak Couriers and its affiliates, directors, agents and employees are not liable for consequential damages (including loss of profits) or for negligence other than gross negligence.
16.2 Other liability, where applicable, will be limited in accordance with the applicable airway bill, bill of lading, or similar transport convention.

17. Prices

17.1 The Customer agrees to Fastrak Couriers’ standard rates for services, which may be obtained on request and are subject to increase on notice in the event of increased costs or statutory charges.
17.2 Disputes regarding increases may be resolved by an independent auditor jointly elected, whose certificate will be final and binding.
17.3 The Customer is liable for all taxes, levies, deposits and other charges raised by authorities or intermediaries in connection with the Goods, and for any related payments, fines, penalties, expenses or losses.
17.4 The Customer remains liable for the correct amount of any charge notwithstanding incorrect invoicing.

18. Payment and Credit

18.1 Amounts in tax invoices are due and payable immediately on order, or, for approved credit customers, within 30 days from month‑end of invoice.
18.2 The Customer has no right of set‑off or withholding and is not entitled to any extension of time for payment unless agreed in writing.
18.3 The risk of payment by cheque or similar means through the post rests with the Customer.
18.4 Indebtedness may be proven by a certificate signed by a director or independent auditor, which will be prima facie proof of the amount owed.
18.5 No debt owed to Fastrak Couriers will prescribe before 6 years from due date.
18.6 Late payment may result in immediate withdrawal of credit facilities and all amounts becoming due and payable.
18.7 Fastrak Couriers may withdraw credit facilities at any time at its discretion.
18.8 If a nominated third‑party debtor fails to pay, the Customer remains liable.
18.9 The Customer consents to storage and use of personal information for credit assessment and to disclosure to credit bureaus and financial institutions, without liability for good‑faith disclosure.

19. Discounts

Fastrak Couriers is entitled to retain all discounts, brokerages, commissions and allowances and is not obliged to disclose or account to the Customer for such amounts.

20. Lien

20.1 All Goods and related documents are subject to a lien and pledge for monies due to Fastrak Couriers for present and past debts.
20.2 Fastrak Couriers may sell all or any Goods by public auction or private treaty on reasonable notice (not exceeding 14 days) in order to recover monies due.

21. Force Majeure

Fastrak Couriers is not liable for delay or non‑performance directly caused by force majeure events, subject to these Terms and Conditions.

22. Disputes and Breach

22.1 If a party breaches this agreement and fails to remedy within 10 business days of written notice, the aggrieved party may:

Claim specific performance (with or without damages).
Cancel the agreement (with or without damages) by written notice, where the breach is material.

22.2 Costs awards will be recoverable on an attorney‑and‑own‑client scale unless otherwise determined by a court.

23. Notices

23.1 Documents will be deemed delivered:

Within 3 days of prepaid registered mail to the Customer’s chosen address.
On delivery by hand.
Within 24 hours of being emailed to any email address provided by the Customer.

23.2 The Customer’s chosen domicilium is the physical or postal address supplied to Fastrak Couriers (as may be updated in writing).

24. Assignment and Subcontracting

24.1 Fastrak Couriers may render services itself or through its group companies on these Terms and Conditions.
24.2 Fastrak Couriers may employ or entrust Goods to third parties on terms it negotiates; the Customer agrees that Fastrak Couriers has no responsibility for acts or omissions of such third parties, even if Fastrak Couriers pays their charges.

25. Binding Agreement

25.1 These Terms and Conditions constitute a binding agreement between Fastrak Couriers and the Customer when accepted and/or when an order is placed and accepted.
25.2 Any order only becomes final and binding upon receipt and acceptance by Fastrak Couriers.

26. Suretyship

Where applicable, the Customer’s authorised signatory may bind themselves as surety and co‑principal debtor for the Customer’s obligations and waive certain legal benefits as recorded in the credit application or related documents.

27. General

27.1 If any provision is unenforceable, it shall be severed and the remaining provisions will remain in full force.
27.2 No variation is binding unless in writing and signed by a duly authorised representative of Fastrak Couriers.
27.3 No relaxation or indulgence constitutes a waiver or estoppel or prevents strict future enforcement.

28. Website Content and Use

28.1 The contents of the Fastrak Couriers website, including software, text, graphics, images, trade names, logos, trademarks and service marks, are protected by law and remain the property of Fastrak Couriers or its licensors; unauthorised use is prohibited.
28.2 To register as a user, the Customer must provide a unique username and password and certain personal details; the Customer is responsible for keeping these confidential and for all activity under their account.
28.3 The Customer agrees not to interfere with the proper working of the website, nor to use automated tools to monitor, copy or modify the website without prior written consent, and may not use the website to distribute unlawful, defamatory or hate speech material.