SCOPE OF SERVICES & LIMITS OF LIABILITY
For the purposes of this Agreement “valuables” shall be taken to mean and include: cash, bank and currency notes, coins, crossed and uncrossed cheques, traveller’s cheques, postal and money orders, current postage and revenue stamps, semi refined gold ore or bullion, other precious metals and gems, including industrial diamonds, and any other valuable article whatsoever.
- Fawcetts shall not be liable to The Hirer for any consequential loss of any nature, resulting from any delays in delivery or other factors, unless such loss or damage results from gross negligence on the part of Fawcetts or its employees acting within the course of their business.
- Fawcetts shall not be liable to The Hirer for loss, damage or destruction of valuables caused by or due to any of the following:
- shortage or surplus due to error or omission in the preparation of cash sums by banks or other such institutions, or by any person not employed by Fawcetts;
- the consequences of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, riot, insurrection, military or usurped power;
- detention, confiscation, destruction or requisition by the customs or other officials or authorities, whether such acts be legitimate or not;
- fraud or dishonesty of any person in the employment of Fawcetts unless notified to Fawcetts within 24 hours of establishing such loss.
- It is recorded and agreed that, in undertaking to provide its services to The Hirer, Fawcetts does not warrant that it will succeed in preventing any loss, damage, injury or other event that The Hirer fears might occur.
- It is specifically agreed that, in the event that any State authority, including the Zimbabwe Republic Police, Security Forces, Customs Officers, Officers of any parastatal body or other similar officials, whether or not they are duly or properly authorized, assume partial or complete control over or access to any operations, objects or matters entrusted to Fawcetts in accordance with this Agreement, Fawcetts shall be absolved from any liability for any loss or damage whatsoever resulting therefrom.
- Cash, bullion and other valuables conveyed by this service are insured against losses of up to USD400,000.00 subject to a 10% excess on any claim. This shall be Fawcett’s limit of liability on any one claim. Furthermore, in the event that Fawcetts may have been found to have acted with gross negligence that contributes directly to any loss suffered by The Hirer, Fawcetts’ liability shall be limited to USD250,000.00 per claim, less the standard 10% excess. All the above shall be confined to claims which are notified in writing at Fawcett’s domicilium citandi et executandi within 7 (seven) days of the happening of the event.
- It is recorded that Fawcetts is not the insurer of The Hirer and, accordingly, recommends that The Hirer should take out such insurance as it may deem fit against any harm or loss as it may consider appropriate, and Fawcetts agrees that The Hirer may cede any right of action it may have against Fawcetts to any insurer with whom The Hirer may have insured any risk arising out of this Agreement.
UNDERTAKINGS BY THE HIRER
- The Hirer undertakes that during the period of this Agreement and for one year after the termination thereof, it will not offer or give employment in any security capacity to any person who is or has been an officer or servant of Fawcetts, nor employ any security company promoted or directed by such person.
- The Hirer irrevocably indemnifies Fawcetts, its Directors, employees and representatives against any claim that may be instituted against any one or more of them, and which rises out of or is in connection with any search conducted by any of Fawcetts’ personnel, or any arrest made in good faith in the course of the duties provided by Fawcetts in terms of this Agreement.
- The Hirer agrees to pay interest on any overdue or outstanding accounts at the rate charged from time to time by Fawcett’s bankers in respect of overdraft facilities.
- The Hirer undertakes that it will not withhold the payment of fees in consequence of any claim or for any loss, or in terms of any claim for set-off unless agreed in writing by Fawcetts.
RESOLUTIONS OF DISPUTES AND JURISDICTION
- Fawcetts will not enter into dispute over any matter arising from the Services provided in terms of this Agreement with anyone other than The Hirer or its legally appointed representative.
- Should it be necessary, for any reason, for Fawcetts to engage Legal Practitioners to pursue any action, the costs of such Legal Practitioner shall be payable by the Hirer on the scale as between Legal Practitioner and Client, including any commission at Law Society Tariff Rates.
- The terms and conditions set out herein shall apply to any additional services provided to The Hirer from time to time, whether temporary or permanent and whether set out as an amendment or addition to the Schedule or not.