1 reviews | Active since Jul 2016
Very bad, unreliable courier company
<p>We made use of Ram to deliver kitchen doors to a company in Kimberley which we supp**** for about 9 years. The outcome was a disaster. The company in Kimberely sends us pics to show how the cargo was damaged by Ram. You can clearly see that the whole pallet of wrapped doors fell from very high. The wrapping was all torn apart. When I made contact with Ram, there responds was our wrapping was not up to standard. We used the same wrapping in the past with another delivery company from George with no problem. We start using Ram because of there portal system where you can work out your own quotation and thought they are a reliable company! Not once they complain about our wrapping in the past when they came to collect. They do not want to take responsibility for their fault and expect us to pay the Invoice of R2 492.72 for the damage goods. We had to manufacture again and send the cargo again at our cost.</p>
Good day,
Thank you for bringing this matter to my attention,
I would like to apologize for the inconvenience that has been caused to you regarding this matter.
Upon my investigation I have found that our legal department has responded to you on the 26/5/2017 in regards to this.
I would like to refer you to our terms and condition under subsection 8 and 13 as below.
8 RISK & LIMITATION OF LIABILITY FOR SERVICES
8.1 RAM shall only be liable, subject to exclusions and limitations contained herein, for any physical loss of or
damage to a Shipment resulting from the gross negligence of RAM, occurring, while the Shipment is in the
actual possession of RAM, which shall be deemed not to include any period of time the Shipment is in the care,
custody or control of any designated private or commercial air carrier or airlines.
8.2 For the avoidance of doubt it is specifically recorded and agreed that, subject to 8.1, unless otherwise agreed
in writing between the Shipper and RAM –
8.2.1 the Shipper acknowledges that the Shipper shall dispatch and RAM shall provide the Service/s solely at
the Shipper’s risk;
8.2.2 neither RAM, nor RAM’s Personnel shall be liable for any Loss, save where such Loss is due to the gross
negligence of RAM;
8.2.3 no insurance, liability option or other indemnity shall be provided by RAM to the Shipper in respect of
any of the Services.
8.3 The Shipper shall, at its option, take out and maintain its own insurance in respect of the transport of its Parcels
and the Services.
8.4 Subject to 8.5, the Shipper shall not be entitled to mark any Shipping Instruction or Waybill with the annotation
“Full Liability”, “Insurance” or any similar annotation and any such annotation shall not be binding on RAM
unless same has agreed in writing between the Parties and the Liability Charge for such Full Liability Option
have also been agreed.
8.5 RAM’s Full Liability Option shall only be available to certain Credit Approved Customers and shall in addition
be subject to the Terms and Conditions contained in RAM’s Full Liability Schedule.
8.6 Notwithstanding anything to the contrary herein contained, neither RAM nor any TPA shall be liable under any
circumstances whatsoever, for any of the Excluded Losses set out in 9.
8.7 If, notwithstanding all of the foregoing, a court should nevertheless find that RAM or any TPA is liable to the
Shipper in any way, such liability for any one Shipment shall not in any event exceed the lesser of the actual
damage sustained or R500 (Five Hundred Rand), as the case may be.
8.8 RAM and/or any TPA’s liability for any Loss that occurs while the Shipment is in the care, custody or control of
any designated commercial air carrier or airline, shall be governed and limited by the terms set forth in any air
Waybill or other contract of carriage issued for the transportation of the Shipment, and may be subject to the
Warsaw Convention/Hague Protocol/Montreal Convention, which governs and, in most cases, limits the
liability of the air carrier in respect of loss, damage or delay to cargo unless a higher value is declared for air
carriage in the relevant Section on the Waybill, in advance, by the Shipper and a supplementary charge is paid.
13 EXCLUSIONS, INDEMNITY & DISCLAIMER
13.1 Notwithstanding anything to the contrary herein contained, neither RAM nor any TPA shall be liable under any circumstances whatsoever, for any of the following Excluded Losses -
13.1.1 any loss of profit, liability, damage, shortage, claim, expense, penalty, fine and/or attorney and other professional fee and shall include of any kind whatsoever and howsoever arising or caused and whether direct, indirect, consequential or of an incidental nature and whether such Loss arises in contract, delict or otherwise; or
13.1.2 loss, in relation to any Shipment or any document shipped therewith, unless due to gross negligence by RAM or any TPA or due to a material breach of any of their respective duties; or
13.1.3 non-performance or delay, unless caused by RAM or any TPA's gross negligence or material breach of any of their respective duties;
13.1.4 shortage or mysterious disappearance or unexplained Loss to the Property within any Shipment described herein; or
RAM regrets the incident and we take this opportunity to assure you of our best efforts at all times.
Regards
Aldo
Good day,
Thank you for bringing this matter to my attention,
I would like to apologize for the inconvenience that has been caused to you regarding this matter.
Upon my investigation I have found that our legal department has responded to you on the 26/5/2017 in regards to this.
I would like to refer you to our terms and condition under subsection 8 and 13 as below.
8 RISK & LIMITATION OF LIABILITY FOR SERVICES
8.1 RAM shall only be liable, subject to exclusions and limitations contained herein, for any physical loss of or
damage to a Shipment resulting from the gross negligence of RAM, occurring, while the Shipment is in the
actual possession of RAM, which shall be deemed not to include any period of time the Shipment is in the care,
custody or control of any designated private or commercial air carrier or airlines.
8.2 For the avoidance of doubt it is specifically recorded and agreed that, subject to 8.1, unless otherwise agreed
in writing between the Shipper and RAM –
8.2.1 the Shipper acknowledges that the Shipper shall dispatch and RAM shall provide the Service/s solely at
the Shipper’s risk;
8.2.2 neither RAM, nor RAM’s Personnel shall be liable for any Loss, save where such Loss is due to the gross
negligence of RAM;
8.2.3 no insurance, liability option or other indemnity shall be provided by RAM to the Shipper in respect of
any of the Services.
8.3 The Shipper shall, at its option, take out and maintain its own insurance in respect of the transport of its Parcels
and the Services.
8.4 Subject to 8.5, the Shipper shall not be entitled to mark any Shipping Instruction or Waybill with the annotation
“Full Liability”, “Insurance” or any similar annotation and any such annotation shall not be binding on RAM
unless same has agreed in writing between the Parties and the Liability Charge for such Full Liability Option
have also been agreed.
8.5 RAM’s Full Liability Option shall only be available to certain Credit Approved Customers and shall in addition
be subject to the Terms and Conditions contained in RAM’s Full Liability Schedule.
8.6 Notwithstanding anything to the contrary herein contained, neither RAM nor any TPA shall be liable under any
circumstances whatsoever, for any of the Excluded Losses set out in 9.
8.7 If, notwithstanding all of the foregoing, a court should nevertheless find that RAM or any TPA is liable to the
Shipper in any way, such liability for any one Shipment shall not in any event exceed the lesser of the actual
damage sustained or R500 (Five Hundred Rand), as the case may be.
8.8 RAM and/or any TPA’s liability for any Loss that occurs while the Shipment is in the care, custody or control of
any designated commercial air carrier or airline, shall be governed and limited by the terms set forth in any air
Waybill or other contract of carriage issued for the transportation of the Shipment, and may be subject to the
Warsaw Convention/Hague Protocol/Montreal Convention, which governs and, in most cases, limits the
liability of the air carrier in respect of loss, damage or delay to cargo unless a higher value is declared for air
carriage in the relevant Section on the Waybill, in advance, by the Shipper and a supplementary charge is paid.
13 EXCLUSIONS, INDEMNITY & DISCLAIMER
13.1 Notwithstanding anything to the contrary herein contained, neither RAM nor any TPA shall be liable under any circumstances whatsoever, for any of the following Excluded Losses -
13.1.1 any loss of profit, liability, damage, shortage, claim, expense, penalty, fine and/or attorney and other professional fee and shall include of any kind whatsoever and howsoever arising or caused and whether direct, indirect, consequential or of an incidental nature and whether such Loss arises in contract, delict or otherwise; or
13.1.2 loss, in relation to any Shipment or any document shipped therewith, unless due to gross negligence by RAM or any TPA or due to a material breach of any of their respective duties; or
13.1.3 non-performance or delay, unless caused by RAM or any TPA's gross negligence or material breach of any of their respective duties;
13.1.4 shortage or mysterious disappearance or unexplained Loss to the Property within any Shipment described herein; or
RAM regrets the incident and we take this opportunity to assure you of our best efforts at all times.
Regards
Aldo