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All Services are carried out in accordance with Big Blue Trucking’s terms and conditions. Accordingly, BIG BLUE TRUCKING shall not be liable for any loss of or damage to goods in relation to the SERVICES, or for any damage (direct, indirect or consequential) arising out of such loss or damage, either to the CUSTOMER or to any other person, whether through any act of negligence of BIG BLUE TRUCKING its agents or sub-contractors, howsoever arising, and the CUSTOMER indemnifies BIG BLUE TRUCKING against any claim in respect of or arising out of the SERVICES rendered in terms hereof, it being expressly acknowledged that goods are carried at the CUSTOMERS’ risk.
Big Blue Trucking CC conducts business as a transporter of goods on behalf of its customers. As such Big Blue Trucking CC considers itself to be a Bailee. A Bailee can be defined as a person or entity that legally holds goods of another, for either payment or gratuity, and has a responsibility to take reasonable care of the goods and look after them as if it was his own. However, in accordance with the Short Term Insurance Act 53 of 1998, Big Blue Trucking CC may not insure its CUSTOMER’s goods or arrange insurance for its CUSTOMERS as Big Blue Trucking CC is not a licenced financial services provider, registered insurer or a binder holder with a registered insurer. However, as a Bailee Big Blue Trucking CC is entitled to insure its liability to its CUSTOMERS in respect of the goods in its care and/or control.