TERMS AND CONDITIONS ASSOCIATED TO LOSS OR DAMAGE


IMPORTANT


 


Please read our terms and conditions very carefully. 


 


Yeslike’s LIABILITY IS EXCLUDED as well as that of its employees or agents for loss, damage and delay in all circumstances unless otherwise provided.  Where so provided, Yeslike’s LIABILITY IS LIMITED to stated amounts and only where liability is accepted. In addition, strict time limits apply where notice of claims is required.  It is your duty to obtain insurance cover to protect your interests.


 


 


YESLIKE’S LIABILITY


 


Yeslike shall not be liable for any loss or damage to the goods. Where Customers lodge a claim and Yeslike 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 ASSUMPTION OF LIABILITY below). We reiterate claims received after this time period will not be considered. Further to the above:


 


·         Yeslike shall not be liable for indirect or consequential loss or damage to any consignment of goods;


 


·          Yeslike shall not be liable whatsoever for any loss or damages howsoever arising in respect of late or non- delivery of any goods.


 


 


LOSS OR DAMAGE TO GOODS


 


·         No responsibility or liability whatsoever shall attach to Yeslike or its employees for any loss or damage to goods unless such loss or damage:


 


o   Occurs whilst the goods are in actual care, custody and control of Yeslike;


 


o   Is due to the gross negligence, intentional and/or wilful act or default of Yeslike or its employees.


 


·         Yeslike shall under no circumstances be liable for:


 


o   Loss or damage incurred through goods being tendered with inadequate packaging and packing;


 


o   Any loss or damage whatsoever caused due to the perishable, fragile or brittle nature of the goods and packaging;


 


·         Notwithstanding anything to the contrary contained or implied in this clause (LOSS OR DAMAGE TO GOODS), no ASSUMPTION OF LIABILITY by Yeslike is extended to the following:


 


    • Livestock, live fish, pets or any animal, jewellery, furs, watches, precious metals and stones, artworks and antiques;
    • Treasury notes, specie, bullion, cash bonds, deeds, stamps and securities;
    • Manuscripts, documents, plans, computer systems records;
    • Non-ferrous metals, copper, brass and scrap, explosives, ammunition and the like;
    • Used household goods and personal effects unless loss or damage is caused by Fire, Collision, Overturning, Theft following and Theft/Hijack
    • Dangerous drugs which are the subject of various International Conventions;
    • Temperature controlled foodstuffs, frozen or chilled


 


unless Yeslike agrees in writing prior to the goods being tendered to accept liability for the handling of the items listed in this clause;


 


·         If Yeslike 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.


 


 


ASSUMPTION OF LIABILITY / LIMITED RISK PROTECTION


 


·         Yeslike does not provide insurance to the Customer. However, subject to the terms and conditions (outlined in our ASSUMPTION OF LIABILITY / LIMITED RISK PROTECTION document)  and only in particular stated instances, Yeslike will assume liability for loss or damage suffered by a Customer in respect of the items specified 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;


 


·         In the event that the Customer has indicated that assumption of liability is required, an additional fee shall be charged for assumption of liability which shall be payable to Yeslike as follows:


 


o   In the event that the Customer has indicated that assumption of liability by Yeslike is required, the fee charged for assumption of liability by Yeslike shall be 2.1% of the declared value minimum R35.00.  The maximum declared value in any instance shall not exceed R10,000.00 (TEN THOUSAND RAND);


 


·         IMPORTANT INFORMATION:


 


o   Yeslike 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, road transportation or airfreight;


 


o   Yeslike is not responsible for ordinary loss in weight or volume or ordinary wear and tear of the consignment of goods;


 


o   Yeslike is not responsible for loss, damage or expense caused by delay, even though the delay caused by a risk insured against;


 


o   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”.


 


o   The Customer and/or Sender shall advise Yeslike in writing to yeslike@2ship.com, strictly within 48 hours, of the damaged/ lost or stolen goods being delivered/or expected to receive. No claims will be entertained if not received within the 48-hour notice period;


 


o   Yeslike’s assumption of liability for the declared value of any one parcel, shall not exceed R10,000.00 (TEN THOUSAND RAND). The declared value must be substantiated, by a purchase invoice or an up to date valuation certificate from a professional valuator;


 


o   No assumption of liability by Yeslike is extended to the following:


 


§  Livestock, live fish, pets or any animal, jewellery, furs, watches, precious metals and stones, artworks and antiques;


§  Treasury notes, specie, bullion, cash bonds, deeds, stamps and securities;


§  Manuscripts, documents, plans, computer systems records;


§  Non-ferrous metals, copper, brass and scrap, explosives, ammunition and the like;


§  Used household goods and personal effects unless loss or damage is caused by Fire, Collision, Overturning, Theft following and Theft/Hijack


§  Dangerous drugs which are the subject of various International Conventions;


§  Temperature controlled foodstuffs, frozen or chilled


 


unless Yeslike agrees in writing prior to the goods being tendered to accept liability for the handling of the items listed in this clause;


 


o   All charges, including the fees charged, owing to Yeslike in respect of the assumption of liability will be payable to Yeslike as per the conditions of payment.


 


·         IN THE EVENT OF THE CUSTOMER WANTING TO LODGE A CLAIM:


 


In the event of a claim:


 


o   Document the condition of the goods upon delivery. Make clear exceptions on the delivery receipt noting any loss and/or damage to the goods and/or the packing and/or the containers.


§  Take pictures – photographs will be very helpful as evidence.


 


o   Minimise the loss – immediately protect the goods from further loss or damage:


§  Separate wet goods from dry goods


§  Repack to prevent further loss or damage


§  Move goods to a secure location


§  IMPORTANT:  Preserve all packing, damaged goods and seals until advised otherwise by Yeslike or their representatives.


 


o   Notify Yeslike via e-mail (yeslike@2ship.com) of any possible claim as soon as possible but no later than 48 hours after delivery. Depending on the nature of the claim Yeslike’s claims team will guide the claimant on the documentation required and procedures to follow.


 


o   The Customer shall be responsible for the first amount payable or excess as follows:


§  All Claims:  10% of claim min R150.00 but maximum R1,500.00 per waybill.


§  The excess will automatically be deducted prior to settlement.