Contracts of carriage exclude liability

Clients who refuse transit
insurance must accept full
liability for any damages
to their goods as most hauliers
in South Africa contract out
of liability.
According to hauliers, their terms
and conditions of carriage are of
such a nature that they contract out of
liability and customers should rely on
their insurance.
FTW reader Dean van Tonder
found himself in such a predicament
after various woodworking goods
were delivered damaged to his home
in Windhoek after several months
in storage.
According to a major transporter
in the country, it is impossible to
expect the haulier to accept liability.
“We cannot, ourselves, carry
liability for damage or loss as the
replacement value of a household
is invariably many times greater
than the price charged for the
removal,” said one haulier, who
preferred to remain anonymous. “We
therefore decline any liability with
regard to damages or losses. We offer
transit insurance that can be used to
cover damages.”
Legal experts advise taking
insurance from the company
when offered as this offers the
only security under current
consumer legislation.