Applies to all Cargo Principals and Carriers on the ClearCorridor platform
These terms govern all transport and associated services concluded through the ClearCorridor platform. Both Cargo Principals and Carriers have accepted these terms in advance, by electronic acceptance recorded under their respective Platform Agreements in accordance with the Electronic Communications and Transactions Act 25 of 2002. They are incorporated by reference into every Carrier Engagement Confirmation — no further negotiation or signature is required.
1. Interpretation
1.1“Cargo” means the goods described in the Carrier Engagement Confirmation.
1.2“Cargo Value” means the declared value stated in the Carrier Engagement Confirmation, which the Cargo Principal warrants is the true replacement value of the Cargo.
1.3“ClearCorridor” means ClearCorridor Technology (Pty) Ltd (Reg No 2026/458219/07), the platform provider. ClearCorridor is not a party to the transport contract.
1.4“Carrier Engagement Confirmation” or “CEC” means the document generated by the ClearCorridor platform when the Cargo Principal accepts a Carrier's bid, which perfects the transport contract between the Cargo Principal and the Carrier. CECs bear the reference prefix CCA-CEC-; the platform template code is CCA-CEC-001.
1.5“Collection Date” means the date stated in the CEC for collection. “Delivery Deadline” means the date and time stated in the CEC for delivery.
1.6“Load Rate” means the agreed transport rate stated in the CEC, in the currency of the Carrier's bid.
1.7“Free Time” means the number of days, stated in the CEC, during which Standing Time does not accrue on a load. Free Time is a single allowance for the load.
1.8“Standing Time” (also “demurrage”) means the amount per day, stated in the CEC in the currency of the Carrier's bid, payable by the Cargo Principal to the Carrier for chargeable delay beyond the Free Time, determined under clause 9.
1.9“POD” means a proof of delivery signed, stamped, and dated by an authorised representative at the offloading site, identifying the load reference number. “Verified POD” means a POD confirmed by the Cargo Principal on the platform, or deemed verified under clause 10.3.
1.10“Cargo Principal” means the party procuring transport services as identified in the CEC. “Carrier” means the party providing transport services as identified in the CEC.
1.11“Business Hours” means hours occurring on days other than Saturdays, Sundays and South African public holidays.
1.12“Business Day” means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa.
1.13“Platform” means the ClearCorridor freight compliance platform operated by ClearCorridor Technology (Pty) Ltd at clearcorridor.co.za, comprising the web portals, applications, databases, automated workflows, screening and scoring systems and document-generation systems through which Cargo Movement Requests are posted, bids are submitted and adjudicated by the Cargo Principal, Carrier Engagement Confirmations are issued, compliance information is maintained and fees are administered, as updated from time to time.
1.14Days. Unless expressly stated as business days or Business Hours, every reference to days in these terms, including the claim time bar in clause 16.4, is to calendar days.
2. Contract Formation
2.1The Carrier's bid on the ClearCorridor platform constitutes an offer to carry on the terms stated in the bid and in these Standard Carrier Engagement Terms. A bid remains open for acceptance by the Cargo Principal for 5 calendar days (domestic loads) or 7 calendar days (cross-border loads) from submission, after which it lapses automatically.
2.2The Cargo Principal's acceptance of the bid on the platform, and the platform's consequent issue of the Carrier Engagement Confirmation, constitutes acceptance of that offer. The transport contract is formed at the moment the CEC is issued.
2.3These Standard Carrier Engagement Terms are incorporated into every CEC by reference and govern the transport contract to the exclusion of any other terms either party may seek to introduce. Each party's prior electronic acceptance of these terms is recorded by the platform with version, timestamp and user identity.
2.4The Cargo Principal and Carrier each warrant that they have authority to enter into the transport contract.
3. Carrier's Obligations
3.1The Carrier shall:
3.1.1Collect the Cargo on the Collection Date at the stated origin.
3.1.2Deliver the Cargo to the stated destination by the Delivery Deadline.
3.1.3Use only the vehicle and driver recorded in the CEC. Any substitution requires notification to ClearCorridor and the Cargo Principal's prior consent via the platform — see clause 12.
3.1.4Transport the Cargo with reasonable care and diligence so as not to cause loss or damage.
3.1.5Inspect the Cargo at loading for obvious damage or shortage and note any discrepancies on the loading documentation.
3.1.6Supervise loading and offloading to prevent damage.
3.1.7Not trans-ship Cargo without the Cargo Principal's prior written consent.
3.1.8Notify the Cargo Principal immediately, both via the platform and by telephone, of any accident, hijacking, breakdown, or theft.
3.1.9Provide a daily tracking update if requested by the Cargo Principal.
3.1.10Comply with all applicable laws in every jurisdiction through which the Cargo is transported.
3.1.11Not carry more passengers than permitted by law.
3.1.12Upload a valid POD to the ClearCorridor platform within 24 hours of delivery.
4. High-Value Cargo Requirements
Where the Cargo Value exceeds R2,000,000, or the Cargo includes copper, cobalt, nickel, other base metals, solar equipment, mining equipment, or project cargo, the Carrier must additionally:
4.1Subject to compliance with laws in the relevant jurisdiction, and the Cargo Principal having awarded more than one CEC with matching collection and delivery dates, travel in convoy.
4.2Provide security escorts for the duration of the journey.
4.3Ensure all vehicles have active satellite tracking with route deviation monitoring. Equip vehicles with panic buttons linked to a control room.
4.4Ensure a Journey Management Plan is completed before each leg of a cross-border load.
4.5Deploy security personnel to any breakdown immediately.
5. Cargo Liability
5.1The Carrier is liable for loss of or damage to Cargo that occurs while the Cargo is in the Carrier's care, custody, and control, from loading to signed delivery.
5.2The Carrier's maximum liability per load is the liability cap declared at platform onboarding / sign-up and confirmed in the CEC. Where the Cargo Value exceeds the declared liability cap, the Cargo Principal bears the excess risk.
5.3The Carrier is not liable for: loss or damage caused by inherent vice or the nature of the Cargo; loss or damage caused by inadequate packaging by the Cargo Principal; loss arising from Force Majeure as defined in clause 13.
5.4Where the Carrier disputes liability, the burden is on the Carrier to prove that the loss falls within an exclusion.
5.5Cargo weight and condition at offloading, as recorded by the Cargo Principal's authorised representative, constitutes the definitive record for any shortage or damage claim.
6. Insurance
6.1The Carrier must maintain valid GIT or hauliers liability insurance at all times. The specific insurance declared and warranted by the Carrier and in force at the time of each load is recorded in the CEC.
6.2The Carrier warrants that every vehicle it uses to carry a load via the platform is covered by its insurance policy.
6.3Where the Carrier's insurance per-load limit is below the declared Cargo Value, the gap is displayed to the Cargo Principal at bid adjudication. Where the limit is below 60% of the declared Cargo Value, the platform requires the Cargo Principal to record an underinsurance acknowledgement before the CEC is issued, and the acknowledgement is recorded on the CEC. In either case, the Cargo Principal's recovery from the Carrier is limited to the Carrier's declared liability cap, not the full Cargo Value or insurance limit.
6.4The Carrier must not allow its insurance to lapse. Lapsed insurance results in platform suspension.
7. Cargo Principal's Obligations
7.1The Cargo Principal shall:
7.1.1Provide accurate Cargo descriptions, weights, dimensions, and values in the Cargo Movement Request and CEC.
7.1.2Ensure the Cargo is ready for collection at the stated time and location.
7.1.3Provide all documentation necessary for the transport of the Cargo, including customs documentation for cross-border loads.
7.1.4Ensure that the offloading site is accessible and adequately staffed to receive the Cargo by the Delivery Deadline.
7.1.5Notify the Carrier promptly of any change to collection or delivery requirements.
7.1.6Pay the Load Rate in accordance with the payment terms recorded on the face of the CEC, including, where applicable, a first tranche percentage and interval and a second tranche interval, with the final tranche due no later than 30 days from Verified POD.
8. Payment
8.1The Load Rate is fixed as stated in the CEC, in the currency of the Carrier's bid. It may not be varied after the CEC is issued without written agreement by both parties via the platform.
8.2The Carrier may not issue its tax invoice for a platform load until the POD has been uploaded to the platform and verified, or deemed verified by the Cargo Principal.
8.3Payment of the Load Rate is due in accordance with the payment terms recorded on the face of the CEC, with the final tranche due no later than 30 days from Verified POD.
8.4The Carrier invoices the Cargo Principal directly for the Load Rate, in the bid currency, and the Cargo Principal pays the Carrier directly.
8.5The Cargo Principal's payment obligation to the Carrier is separate from and independent of the Cargo Principal's obligation to pay ClearCorridor's Platform Facilitation Fee and Load Completion Fee. Payment to the Carrier does not discharge any obligation to ClearCorridor, and payment to ClearCorridor does not discharge any obligation to the Carrier.
8.6Late payment of the Load Rate accrues interest at the prime lending rate plus 2% per annum from the due date.
8.7ClearCorridor never receives, holds, collects or transmits the Load Rate or any other funds owing between the Cargo Principal and the Carrier. ClearCorridor's fees are invoiced separately by ClearCorridor in its own name.
8.8The Cargo Principal may not set off any disputed amount against the Load Rate without written agreement by the Carrier via the platform.
8.9Payment direction. The Cargo Principal shall pay the Carrier only to the Carrier's banking details displayed on the platform at the time of payment, which details the Carrier warrants. Payment to any other account, including details on an invoice or in correspondence that differ from the platform display, is at the Cargo Principal's sole risk and does not discharge the payment obligation.
9. Standing Time (Demurrage)
9.1The Free Time and the Standing Time rate for a load are those recorded on the CEC, being the terms of the Carrier's accepted bid. Where the CEC records no Standing Time rate, or records it as nil, no Standing Time is payable for that load.
9.2Standing Time is separate from and additional to the Load Rate. It is excluded from the Load Rate, from the commission base, and from every fee payable to ClearCorridor. The Carrier invoices the Cargo Principal for Standing Time directly, in the currency of the Carrier's bid, and the Cargo Principal pays the Carrier directly. ClearCorridor is not a party to, and does not receive, hold, collect or transmit, any Standing Time or any other amount owing between the Cargo Principal and the Carrier.
9.3Subject to clause 9.4, Standing Time accrues, per day beyond the Free Time and pro-rated for any part-day, for time during which the vehicle is held at the loading point, the offloading point or a border crossing. At the loading and offloading points, time runs from the vehicle's arrival ready to load or offload until loading or offloading is complete. At a border crossing, time runs from the vehicle's presentation in good order with complete documentation until it is cleared to proceed.
9.4Standing Time accrues only for delay that is not caused by the Carrier. No Standing Time accrues for delay caused by, or within the control of, the Carrier, its driver or its subcontractor, including late arrival, vehicle breakdown, an incomplete, incorrect or expired document, or a non-compliant vehicle or driver. Delay caused by the Cargo Principal's failure to have the Cargo ready for collection (clause 7.1.2) or the offloading site accessible and adequately staffed (clause 7.1.4), and delay at a border crossing not caused by the Carrier, accrue Standing Time subject to the Free Time.
9.5The Carrier bears the burden of proving the period for which Standing Time is claimed. That period is proved, in order of preference: (a) where the load is tracked on the platform, by the platform's telematics record of the vehicle's arrival at and departure from the relevant point; (b) failing which, by gate, weighbridge, customs or border records, or the Cargo Principal's acknowledgement of the times; (c) failing which, by contemporaneous, timestamped records exchanged between the parties through the platform. Where telematics is not required for the load, is unavailable, or fails, paragraphs (b) and (c) apply. To the extent the claimed period is not proved under this clause, Standing Time is not payable for the unproved period.
9.6The Carrier must notify the Cargo Principal through the platform as soon as the vehicle has stood beyond the Free Time, and both parties must take reasonable steps to limit the delay.
9.7Standing Time is invoiced by the Carrier separately from the Load Rate, supported by the evidence in clause 9.5, and is payable on the same terms as the balance of the Load Rate recorded on the CEC unless the CEC states otherwise. Payment is made only to the Carrier's banking details displayed on the platform (clause 8.9). A dispute as to Standing Time does not entitle the Cargo Principal to withhold or set off any part of the Load Rate, and is resolved under clause 16. ClearCorridor sets no interest, charge or rate on Standing Time and is not involved in its invoicing, payment, adjudication or recovery.
9.8Prolonged delay. Where the vehicle is held beyond the Free Time by delay not caused by the Carrier for more than 30 days, either party may cancel the engagement on written notice through the platform. On cancellation, Standing Time is payable to the date of cancellation. The parties deal with the Cargo as they agree; failing agreement, the Carrier may place the Cargo into secure storage at the Cargo Principal's reasonable cost and is discharged of the obligation to carry on doing so. Nothing in this clause prevents the parties agreeing to cancel or vary the engagement earlier. This clause does not limit any other right arising from the delay.
10. POD Requirements
10.1A valid POD must: be signed and stamped by an authorised representative at the offloading site; state the load reference number; state the delivery date and time; note any discrepancies in quantity or condition; and be legible.
10.2A delivery note signed only by the driver does not constitute a valid POD.
10.3The Cargo Principal has 2 Business Days from POD upload to confirm the POD on the platform or to record an objection to its validity. If neither occurs within 2 Business Days, the POD is deemed verified and the payment period in clause 8.3 begins. Saturdays, Sundays and South African public holidays are not Business Days.
10.4An objection is routed by the platform to the Carrier and recorded against the load. ClearCorridor does not adjudicate the validity of a POD or the merits of an objection; resolution is a matter between the Cargo Principal and the Carrier under clause 16.
11. Subcontracting
11.1Permitted subcontracting: Subcontracting is only permitted where the subcontractor is registered on the ClearCorridor platform under the Carrier's account and covered under the Carrier's declared GIT or haulier's liability insurance policy. No other subcontracting is permitted.
11.2Carrier liability: The Carrier remains fully liable for all acts and omissions of any subcontractor as if they were the Carrier's own. Subcontractor non-performance, cargo loss or damage, and compliance failures are the Carrier's sole responsibility.
11.3Chain subcontracting: The subcontractor may not further subcontract any load. Chain subcontracting is prohibited and is grounds for immediate suspension of the primary Carrier.
11.4Prohibited subcontracting: Subcontracting to any unregistered third party is a material breach entitling the Cargo Principal to cancel the CEC and claim any resulting losses, and entitling ClearCorridor to immediately suspend the Carrier's platform account.
12. Vehicle and Driver Commitment
12.1The vehicle registration number and driver recorded in the CEC are the vehicle and driver that will perform the load. The Carrier warrants that the recorded vehicle is roadworthy, licensed, and insured and that the recorded driver holds, for the cargo type and route, a valid professional driving authorisation as required in the driver's licensing jurisdiction (in South Africa, a PrDP).
12.2The Carrier may not substitute the assigned vehicle or driver after CEC issuance without: (a) notifying ClearCorridor via the platform immediately upon the need for substitution arising, and (b) obtaining the Cargo Principal's consent via the platform before the substituted vehicle or driver commences the load.
12.3Substitution of vehicle or driver after CEC issuance without notification and consent is a material breach entitling the Cargo Principal to cancel the CEC and claim any resulting losses.
13. Force Majeure
13.1Neither party is liable for delay or failure caused by an event beyond their reasonable control, including natural disasters, war, civil unrest, government action, or national strikes, provided they notify the other party via the platform within 24 hours of the event.
13.2If force majeure continues for more than 5 days, either party may cancel the CEC on written notice. The Carrier is entitled to payment for services performed to that point.
13.3Force majeure does not include: road congestion, border crossing delays (unless such delays are themselves the result of a Force Majeure Event), fuel shortages, driver shortage, or mechanical failure.
14. Health, Safety, and Environment
14.1The Carrier is solely responsible for the health and safety of its drivers, employees, agents, and subcontractors.
14.2The Carrier must comply with all applicable health and safety laws in every country in which it operates.
14.3The Carrier must maintain: a documented safety management system; a fleet maintenance management system; a fatigue and drug and alcohol management programme; driver training and competency records; and a drug and alcohol testing programme.
14.4Drivers must not use handheld phones while driving.
14.5Where hazardous or dangerous goods are carried, the Carrier must hold all applicable permits, licences, and training certificates required by law.
15. Cross-Border Loads
15.1For cross-border corridor loads within SADC, the Carrier must additionally hold valid C-BRTA cross-border permits, a SARS customs code, a remover in bond certificate (where applicable), and active GPS telematics.
15.2Drivers on cross-border loads must hold valid passports with at least 6 months' remaining validity, and yellow fever certificates where required by the destination country.
15.3The Carrier is responsible for all customs clearance and border documentation unless the CEC expressly states otherwise.
16. Dispute Resolution
16.1The parties must attempt to resolve any dispute by negotiation within 10 business days of written notice of the dispute.
16.2If negotiation fails, the dispute shall be finally resolved by arbitration under the AFSA Expedited Rules (disputes under R500,000) or AFSA Commercial Arbitration Rules (disputes over R500,000), seated at Durban, South Africa.
16.3The arbitral award is final and binding. Neither party may institute court proceedings without first completing the arbitration process.
16.4Any claim by either party against the other arising from a load must be instituted within 1 year of the issuance date of the relevant CEC. After this period, all claims are absolutely barred.
16.5ClearCorridor is not a party to any dispute between the Cargo Principal and the Carrier and has no obligation to participate in, fund, or determine any such dispute.
17. General
17.1These terms are governed by the laws of the Republic of South Africa.
17.2ClearCorridor Technology (Pty) Ltd may amend these terms on 30 days' notice to all platform participants. Continued platform use after the notice period constitutes acceptance of the amended terms. The version applicable to a load is the version in force at CEC issuance, as recorded by the platform.
17.3If any provision is unenforceable, the remaining provisions continue in full force.
17.4Neither Carrier nor Cargo Principal may cede or assign their rights or obligations under a CEC without the other party's written consent.