Schenker South Africa (Pty) Ltd v Fujitsu Services Core (Pty) Ltd

Schenker South Africa (Pty) Ltd and Fujitsu Services Core (Pty) Ltd concluded a National Distribution Agreement incorporating the Standard Trading Terms and Conditions (STC) of the South African Association of Freight Forwarders. Fujitsu imported consignments of computer equipment from Germany and engaged Schenker to handle logistics, clearing, forwarding and warehousing. In June 2012, Schenker’s employee, Mr Lerama, collected the goods from the SAA cargo warehouse at OR Tambo International Airport using Schenker-issued documents and access cards, but failed to deliver them and instead stole the goods. Fujitsu sued Schenker in delict for damages, relying on Schenker’s vicarious liability. Schenker conceded vicarious liability but contended that its liability was excluded by exemption clauses in the STC.

The appeal was upheld with costs. The High Court’s order was set aside and replaced with an order dismissing Fujitsu’s claim with costs.

The case reaffirms that, under South African law, clearly worded exemption clauses can exclude liability for delictual claims, including those arising from intentional wrongdoing by employees, provided the language is unambiguous and no public policy considerations intervene. It confirms the continuing authority of Goodman Brothers and clarifies the application of contractual risk allocation in logistics and freight-forwarding agreements.