1.1 ShipGuard is an option that protects You against Accidental Damage or Theft of Eligible Product(s) whilst being Transported by the Transport Operator as procured via Shiprazor. It takes away Your risk up to the purchase price of the Eligible Product(s), but not more than the maximum amount per Waybill shown in the Risk Acceptance Table (the “Table”) above.
1.2 ShipGuard is a voluntary shipment protection option made available to You through the Shiprazor platform in accordance with these ShipGuard Ts&Cs.
Note: ShipGuard is not a contract of insurance.
The terms listed below, when shown in capital letters in this document, have the specific meanings as defined here:
2.1 Accidental Damage/Damage means physical damage to the Eligible Product(s) or a failure that prevents its correct operation, resulting from sudden and unforeseeable external events, including but not limited to impact from being dropped, exposure to fire, or contact with liquids and Damage has the same meaning.
2.2 Accumulation Limit means the maximum risk amount that will be accepted in respect of any one loss or number of losses arising from one event as mentioned in the Table above.
2.3 Act of Terrorism means any act, including but not limited to the use of force or violence and/or threat thereof, of any person or group of persons, whether acting alone or on behalf of or in connection with any organisation or government which from its nature or context is done for, or in connection with, political, religious, ideological or similar purposes or reasons, including the intention to influence any government and/or to put the public, or any section of the public, in fear.
2.4 Collection Point means any location, other than the Consigned Address, where You have instructed the Eligible Product(s) to be delivered to.
2.5 Consigned Address means the physical address within the Territory to which the Transport Operator has been instructed to deliver Your Eligible Product(s).
2.6 Consignee means the person to whom the Eligible Products are to be Delivered.
2.7 Delivery means the transportation of Eligible Product(s) by road, rail, vessel or air anywhere within the Territory by the Transport Operator to a Consigned Address and for which a Waybill has been issued. All references to ‘Delivered’ have the same meaning.
2.8 Eligible Merchant or Seller means a natural person or juristic entity who utilises Our platform to procure Delivery of the Eligible Product(s).
2.9 Eligible Product(s) means any physical product, that is above the Minimum Value per Waybill stated in the Table above that are not:
(a) Counterfeit or fake goods;
(b) Perishable goods or live plants;
(c ) Stocks, shares, bonds, currencies, or digital assets;
(d) Goods purchased privately from individuals;
(e) Illegal or confiscated Goods;
(f) Animals or livestock;
(g) Firearms, precious metals, gemstones, art, antiques, collectables, jewellery, and watches above the specified limit;
(h) Bullion, cash, traveller’s cheques, tickets;
(i) Real estate;
(j) Motor vehicles, motorcycles, watercraft, aircraft;
(k) Temperature-sensitive goods; or
(l) Any property excluded by the Transport Operator’s Waybill.
2.10 Loss/Lost means the destruction beyond repair, or permanent loss of possession and/or ownership of an Eligible Product.
2.11 Minimum Value means the minimum value per Waybill for which We will accept risk as stated in the Table.
2.12 Other Insurance means any other insurance that You might have that provides coverage for Your Eligible Product(s).
2.13 Perishable goods mean products that may deteriorate over delivery times because of their nature or environment. Some examples include (but are not limited to) food, perfume, medicine, pharmaceutical products, cosmetics or chemicals.
2.14 ShipGuard fee means the fee referred to in 4.1.
2.15 ShipGuard Ts&Cs means these ShipGuard terms and conditions document.
2.16 Shiprazor means Shiprazor (Pty) Ltd having company Registration Number 2023/766518/07
2.17 Territory means within the borders of the Republic of South Africa.
2.18 Theft or Stolen means unlawful taking of the Eligible Product(s) without Your or Our permission with the intention of permanently depriving You ownership of it.
2.19 Transport means the transportation of Eligible Product(s) by road, rail, vessel or air anywhere within the Territory by the Transport Operator and for which a Waybill has been issued. All references to ‘Transported’ will have the same meaning.
2.20 Transport Operator means a courier company or entity carrying on business as a professional transport operator and undertaking the Delivery of the Eligible Product(s) either directly or through a subcontractor carrying on business as a professional transport operator.
2.21 Us, We or Our means Shiprazor (Pty) Ltd.
2.22 War means any armed conflict, whether declared or undeclared, between nations or within a nation, including invasion, hostilities, civil war, rebellion, revolution, insurrection, or the exercise of military or usurped power. War includes armed conflict conducted by regular or irregular military forces, paramilitary organizations, or insurgent groups, and does not require a formal declaration of war.
2.23 Waybill means a document that identifies the Eligible Product(s) that need to be Delivered, along with the Transport Operator’s terms and conditions of carriage. It also serves as proof that the Eligible Product(s) have been collected for delivery by the Transport Operator and allows for the tracking of the Eligible Product(s).
2.24 You or Your means an Eligible Merchant who selected and paid for the ShipGuard benefit via the Shiprazor platform
3.1 ShipGuard accepts the risk of Loss of or Damage to the Eligible Product(s) resulting from the following events during a Delivery:
3.1.1 Failure of delivery;
3.1.2 Accidental Damage during transit; and
3.1.3 Theft up to 12 (twelve) hours of Delivery.
3.2 Valid claims will only be considered where You comply with all Your obligations as set out in these ShipGuard Ts&Cs and have successfully paid the ShipGuard Fee.
3.3 Risk acceptance by Us is limited to the maximum amount specified in the Table above per Waybill, regardless of the number of claims made.
3.4 Important: Risk acceptance by Us is limited to Deliveries within the borders of the Republic of South Africa.
4.1 ShipGuard will accept risk for the agreed fee, which must be paid or charged to Your Shiprazor account before the commencement of a Delivery.
5.1 Unless otherwise stated herein, We will bear the risk in terms of these ShipGuard Ts&Cs from the time that the Eligible Product(s) is collected by the Transport Operator from the collection address as stated on Your Waybill until the time that the Eligible Product(s) is Delivered or a failure of Delivery occurs at the Consigned Address as stated on Your Waybill.
5.2 We do not accept the risk for any Accidental Damage or Theft to the Eligible Product(s) before collection and after Delivery unless otherwise stated in these ShipGuard Ts&Cs
6.1 We will not pay You for any Loss of or Damage arising from or in any connection with:
(a) Any non-compliance with or breach by You of any condition of carriage set out in the Waybill or these ShipGuard Ts&Cs.
(b) Any Theft due to negligence, such as leaving Eligible Product(s) unattended within the boundary of the property of the Consigned Address for more than twelve [12] hours or a failure to take reasonable precautions to secure the Eligible Product(s) after Delivery.
(c ) Any Theft of Eligible Product(s) which are Delivered on a Cash On Delivery (COD) basis.
(d) Any Theft of the Eligible Product(s) that occurs when the Eligible Product(s) is stored in a Collection Point.
(e) Any claim where there is proof of delivery at the Consigned Address by a hand signature or a photograph of the Eligible Product(s) being Delivered.
(f) Any claim where there is no tracking information for the Eligible Product.
(g) Any fault, defect, failure, error or omission in design or faulty workmanship or materials.
(h) Any inherent vice, or latent defect in the Eligible Product(s).
(i) Any insufficiency or deficiency of packing and/or packaging of the Eligible Product including but not limited to:
(1) fragile goods not being labelled as fragile; or
(2) failure to providing accurate or correct Consigned Address This exclusion will not apply if the insufficiency, deficiency or failure did not contribute to the Loss, Damage or destruction of the Eligible Product(s).
(j) Any mechanical, electrical or electronic failure unless there is visible external physical damage that occurred while being Transported and probably caused the failure.
(k) Any ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear.
6.2 These ShipGuard Ts&Cs do not protect You for losses which are or arise or result directly from or in connection with:
(a) Any consequential loss.
(b) Cyber Attack. Cyber Attack refers to any use or operation of any computer, computer system, computer software programme, malicious code, computer virus or process or any other electronic system, as a means for inflicting harm or causing damage to the Eligible Product(s).
(c ) Your committing or condoning or allegedly committing or condoning any:
(1) dishonest or fraudulent act or omission; or
(2) any malicious, criminal or intentional breach of the law.
(d) The lawful seizure, confiscation or detention of all or any part of the Eligible Product(s).
(e) Any Loss of or Damage to Eligible Products(s) that occurs at a storage facility or warehouse used by the Transport Operator during the Delivery process.
(f) Failure of Delivery because of Insolvency of the Eligible Merchant, or Transport Operator.
(g) Any losses resulting from strike, riot, civil commotion, absence, shortage or withholding of labour of any description including but not limited to lockout and labour disturbance.
(h) Any port, harbour or road blockage.
(i) Any radioactive contamination, chemical, biological, bio-chemical, or electromagnetic damage.
(j) War, invasion, act of foreign enemy hostilities (whether War be declared or not), civil War, rebellion, revolution, insurrection or military or usurped power, nationalisation, confiscation, requisition, seizure or destruction by the government or any public authority.
(k) An Act of Terrorism.
(l) Natural disasters, including (but not limited to) fire, flood, earthquake, storm, lightning, hurricane, tsunami or other natural disaster.
(m) Asbestos or materials containing asbestos.
(n) Damage due to any mould, moths, insects, rats or vermin.
(o) Damage caused by any variation in temperature.
(p) Any intentional wrongful delivery of the Eligible Product(s).
(q) Technological breakdown or failure experienced by You.
(r) Losses which are recoverable from any other sources such as, but not limited to the Your bank, Your payment card provider, or third party payment platforms.
7.1 These claim conditions apply to the whole of the ShipGuard Ts&Cs unless otherwise stated.
What You must do:
a) Report any claim to Us within 30 (thirty) calendar days or as otherwise specifically stated herein failing which We may reject Your claim.
b) Report it to the police or relevant authority within 48 (forty-eight) hours of suspecting or becoming aware of a Theft and retain documentary evidence, such as a police report or loss reference, for use in support of Your claim.
c) You will be asked to disclose to Us details of the incident giving rise to the claim and upon request You must complete the relevant mandatory data fields in the Shiprazor claims portal with all the necessary supporting claims information and submit a completed
claim form We will be providing.
d) Provide Your Waybill number.
e) Provide all Your original invoices, receipts, reports including crime reference number where applicable, and any other documentation necessary or required to support Your claim.
f) Provide proof of purchase for items being claimed. If no proof of purchase can be provided Your claim may not be paid, and this decision will be made at Our discretion.
g) You must obtain a repair or replacement quotation from a reputable service provider when requested by Shiprazor for the repair or replacement of a Damaged Eligible Product.
h) All information and evidence required by Us must be furnished at Your expense and must be in such form and nature as We may prescribe to process the claim.
i) If You fail to comply with these ShipGuard Ts&Cs, We may be entitled to refuse to pay or reduce the claim that may be payable.
j) Carefully read this document to determine what is covered, noting particularly conditions and exclusions and/or requests for specific data relating to Your claim.
k) We will make payments of claims within thirty (30) calendar days after the claim has successfully been validated by Us.
l) You must take all reasonable precautions to prevent further loss or Damage.
7.2 All claims can be reported by using the Shiprazor online claims portal which is in Your Shiprazor portal profile.
7.2.1 What do You need to supply for a Damage claim?
7.2.2 What do You need to submit a Loss or Theft claim?
7.3 Shiprazor will at Our sole discretion elect whether to repair or replace a Damaged Eligible Product(s).
7.4 The Minimum Value amount as specified in the Table above will be deducted from each successful claim made herein.
7.5 We will have the right to deal with any salvage in any manner We see fit, including sale, repair, or disposal. Any proceeds recovered by Us from the salvage may be deducted from the claim amount payable to You.
Fraudulent Claims
7.6 If any claim is in any respect fraudulent or if any fraudulent means are used by You to obtain any benefit under these ShipGuard Ts&Cs, We will have no payment obligation in respect of such claim and will be entitled to terminate Your ShipGuard protection immediately.
7.7 We reserve the right, in Our sole discretion, to claim repayment from You within 14 (fourteen) business days of receipt of a written demand from Us in respect of amounts paid to You under the ShipGuard Ts&Cs that are subsequently found to have been paid in respect of a fraudulent claim. If You fail to repay the amount within 7 (seven) business days, Shiprazor may suspend or terminate Your access to the Platform and ShipGuard benefits, set off the amount against any monies owed to You, take legal action, and recover reasonable legal and collection costs incurred in recovering the amount.
All ShipGuard complaints must be emailed to Us using the following email address: shipguard@shiprazor.com. If unresolved within 30 days, either party may refer the matter to mediation or to a court having jurisdiction in South Africa.
9.1 This ShipGuard service is governed by South African law.
9.2 Shiprazor has the right to request a transfer to Us of Your rights to pursue recovery from third parties for ShipGuard losses paid to You.
9.3 No interest is payable on claim amounts.
9.4 If You provide information that is intentionally or carelessly false, leave out important details, or make a claim that is dishonest or exaggerated, Your ShipGuard claim will be rejected.
9.5 We will not provide protection and We are not liable to pay any claim or provide any benefit in terms of this ShipGuard Ts&Cs to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose Us or our group entity to any sanctions, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom, Republic of South Africa or United States of America.
9.6 In the event You become entitled to a refund of or reimbursement of all or part of Your loss from any other source, or if there is in place any other insurance against the events covered under this Policy, We will only be liable for the excess of the amount recoverable from such other source or insurance.
9.7 A person who is not a party to the ShipGuard Ts&Cs contract has no right under the prevailing laws and regulations to enforce any of their terms.
9.8 ShipGuard is not an insurance contract and does not replace or substitute any other insurance You may have. Shiprazor also does not provide any financial advice or assess Your personal or business needs for this protection option; You need to determine if ShipGuard is suitable for Your own needs.
If You require any further assistance or wish to contact Us directly, please visit Our Contact Us page at https://shiprazor.com/instant-
customer-support/.
We process Your personal information in accordance with the Protection of Personal Information Act, 2013 (POPIA) in order to provide risk acceptance, manage and settle claims, and pursue the legitimate interests of Shiprazor to enter into and perform this contract. We will retain Your personal information only for as long as required by law and for the purposes outlined above. By providing Your information, You are giving Your consent and acknowledgement for Us to Use it in these ways. If You provide Us with information about other individuals, You must ensure that they are aware of and consent to or accept this Use of their information. Providing Your personal information is voluntary. However, if You choose not to provide it, or if You withdraw Your consent at a later stage, this may affect Our ability to offer You the ShipGuard or to process any future claims. We are committed to protecting Your information and will comply with Our Privacy and Personal Information Policy and applicable legal standards. For more details on how We handle Your information, please refer to Our Privacy and Personal Information Policy at https://shiprazor.com/privacy-policy/. In some cases, Your personal information may be transferred to countries outside South Africa, including those that may not have the same data protection laws. We will only do this when it is legally justified and appropriate safeguards are in place. You are responsible for keeping Your information up to date and must inform Us of any changes including banking details. For quality assurance, staff training, and fraud prevention, We may record telephone calls and Use video surveillance. When necessary, we may share Your personal information with third parties including Our group companies and affiliates, service providers, claims investigators, insurers, authorities, the police and fraud prevention agencies. We may also at Our discretion Use AI tools and databases to help prevent fraud and money laundering. We do not Use Your personal information for marketing purposes or share it with other companies for marketing unless You have given Us written consent. If You would like more information about Your rights or wish to make a complaint, You can contact Our Information Officer, whose details are available in Our Privacy and Personal Information Policy.
Our relationship with You is governed by the ShipGuard Ts&Cs which are applicable to ShipGuard with necessary changes.
