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.