• “Whelson” shall mean Halwick Investments (Private) Limited trading as Whelson Transport, its successors-in-title, orders and/or assigns, who carry out the transportation for and on behalf of the customer;
  • “Customer” shall mean the person who instructs Whelson to undertake the transportation and shall be deemed to include the person who completed any attached credit application form as Applicant and any person whose name and address appears on the face of Whelson’s invoice and/or statement and shall include the customer’s consignees, successors in title, order and/or assigns;
  • “Dangerous goods” shall mean goods which are in Whelson’s sole opinion likely to cause damage to person and/or property and shall include but not be limited to goods which are noxious, dangerous, hazardous, inflammable, radio-active, explosive, and/or goods likely to harbour or encourage vermin or pests, and/or goods falling within the definition of “hazardous and dangerous goods” in the South African Railway Regulations or any similar regulations applicable in any territory through which or to which Whelson carries goods;
  • “Goods” shall mean any goods which are transported in terms hereof;
  • “Law” shall include the common law, statutes, ordinances, by –laws and regulations;
  • “Person” shall mean any being or entity capable of rights and duties;
  • “Sub-contractors” shall mean any person with whom Whelson contracts to carry out transportation in terms of the contract;
  • “Transportation” shall mean (without restricting the generality of this term) the conveyance of goods;
  • “Vis major” shall mean riots, strikes, lockouts, labour disturbances or disputes, boycotts, economic sanctions, a state of war, industrial legislation, terrorism, civil commotion or disturbances, attacks upon Whelson’s employees or vehicles, floods, rationing or non-availability of fuel, vehicle accident, breakdown in vehicle or equipment, commercial exigencies, acts of God, or any other cause whatsoever beyond Whelson’s reasonable control.