Truck Rentals | Truck Hire | Furniture Removals

1.	The contractors are not common carriers and do not undertake the obligations or liabilities of a common carrier. The CONTRACTORS may, at there absolute discretion refuse to accept for carriage any goods or any class of goods and shall not be obliged to assign any reason for such refusal. The contractors accept goods for carriage only upon these terms and conditions.
2.	All Transport work carried out in terms of the contract, including the loading, off-loading, packing, storing and/or safekeeping of any and all goods, is done at the exclusive risk of the owner of such goods. The Contractor is not responsible for any loss and/or damages, including consequential damages, which the owner may suffer as a result of the performance of services by the contractor in terms of this contract. In particular it is agreed that the contractor accepts no liability for any damages, which the owner may suffer, even if such damages are caused intentionally or grossly negligently. The owner is required to obtain insurance coverage for all damages which he may suffer as a result of any occurrence and/or any conduct foreseen or referred to in this paragraph. Should the owner fail to obtain the required insurance coverage, it will be deemed that the owner is in the same position as the insurer who would supply such insurance cover? The Contractor will endeavor to obtai n the necessary insurance coverage on behalf of the owner, provided that the prescribed premium payable in respect thereof is received together with the completed application for insurance form before the commencement of the execution of contract. These stipulations are made by the parties for the benefit of the Contractor and of any person whose acts they are in law liable and any person who may perform any of the Contractors obligations hereunder who shall be entitled at any time before judgment be given against them to accept the benefit of the said stipulation.
3.	Quotations are given on the understanding that the work can be carried out in the method to be decided on by the Contractors, without interruption or hindrance.
4.	The customer is to ensure that adequate facilities are available to the Contractor to enable it to carry out its obligations for instance to provide lifts, free passageways and suitable access for the contractor’s vehicles to within 30 meters the door of the building from/to which goods are to be removed/delivered. There has to be an adequate, practical road and approach to the door of the building within which the goods are to be placed available for the Removal Vehicles of the Contractors. If all or any of the conditions of this clause are not fulfilled the customer agrees to pay all expenses arising from any additional work involved.
5.	Should window and/or other tackle be necessary, it will be used at the contractor’s discretion and at the customer’s risk and expense, and the customer shall indemnify the Contractors against all claims whatsoever made against the Contractors arising out of the use of such tackle, except claims by the contractor’s workmen.
6.	It is understood that if premises are difficult to approach with the particular type of vehicle used by the Contractors at their entire discretion, or are not on a public road delivery is completed when the vehicle is brought to the nearest accessible point and there offloaded. The accessibility as determined by the Contractor will be final.
7.	Quotations may be subject to amendment if anything over which the Contractors have no control over comes into force after the date of the quote! (Increase or decrease of salaries, licenses taxes, petroleum products etc.)
8.	If the Contractor is unable to carry out the work on the date or the time requested, it will do so on a reasonable date or time hereafter. While every endeavor will be made to carry out the work on the date and the time requested, the Contractor shall not be liable for any loss or expense through delay in railways, mechanical or electrical breakdowns, failures or breakages, inclement weather, labour troubles or from any cause beyond the Contractor’s control, or for consequential losses from any cause whatsoever. Should the Contractor’s vehicles be forced to deviate from their normal route due to damaged roads, bridges, pontoons, etc, or from any cause beyond the Contractor’s control, such deviation shall entitle the Contractor to make an additional charge to cover the expense arising from the extra mileage and time involved. Furthermore, if the goods under this Contract are delayed en route by reason of any default or wrong declaration of the customer, or for any reason beyond th e control of the Contractor, or if the customer or consignee is unable to receive the goods in the premises or at the place where they are to be delivered immediately on their arrival, the Contractor shall be at liberty (time being of the essence in this regard) to unload them into his own or any other storing place for storage, and the customer hereby irrevocably and in ram suam appoints the Contractor as his/her agent to enter into any agreement of Storage or Cartage and /or Delivery in this regard. Delivery at any such storage place shall be deemed to be delivery in accordance with the Contract and these conditions shall apply thereto. Any additional expense to the Contractor due to delay, extra mileage and offloading shall be recoverable from the customer and the Contractor shall have a lien n the goods for all charges incurred up to the time that the customer shall take delivery of any or all the goods, or until the time that the goods are placed in any other store.
9.	Estimates do not include the taking down or putting up curtains, fixtures, gas, electric or other fittings, or billiards tables; the relaying or fitting of carpets or floor coverings, the refixing of blinds, mirrors, cornices or other fittings; or the rehanging of pictures. If such work or any work not specifically stated in the Quotation is done these conditions apply thereto, and an extra charge to cover the Contractors additional expenses and/or any loss suffered by the Contractor shall be paid by the customer
10.	No agents or employee of the Contractor has any authority to alter, vary or qualify in any of these terms and conditions, nor enter into any contract on the Contractor’s behalf, nor sign any receipt of documents that have not been previously submitted to and approved in writing by the Contractor.
11.	The contractors will not accept for removal and/or packing and/or warehousing any dangerous or damaging or explosive articles or substance, or for storage of food, or anything likely to encourage vermin or other pests, and no claim shall be made against the Contractors for the loss or damage due to or arising out of the presence of any such article or substance. The Customer shall be liable for and indemnify the Contractors against all claims made and no claim shall be made against the Contractors for the loss or damage due to or arising out of the presence of any such articles or substances amongst t he Customer’s goods. If any article or substance is discovered the Contractors may, at their discretion, remove, sell, destroy or otherwise dispose of it and shall not be responsible or accountable for the value thereof.
12.	The Contractors shall not be responsible for any loss or damage of any nature whatsoever sustained or suffered by the customer and howsoever and from whatsoever cause arising and even if the contractor and/or their servants and/or their agents are negligent, the basis if this quotation being that our work and storage will be affected entirely and solely at the customers risk
13.	The Contractors will, when specifically instructed in writing by the Customer to do so, and following prior payment by him of the requisite charge arrange wide insurance protection on the Contractor’s own “All Risk In transit” Policy, but always excluding loss, damage or expense caused by:
	a.	Delay, Confiscation, Detention or Loss of market.
	b.	Moth, Vermin, Rats, Inherent Vice, Wear and Tear, Deterioration or Depreciation arising from process of cleaning, repairing and restoring.
	c.	Breakage, Scratching or chipping of Compact Discs
	d.	Mechanical or Electrical Derangement of Clocks, Barometers, Scientific or Musical Instruments, Television Receivers, Radio Sets or Gramophones, Sewing Machines, Refrigerators. Stoves, Electrical Appliances, typewriters, Cameras or Photographic Equipment, Tape Recorders, Hi-fi Sets, Deepfreezes, Washing Machines and Computers.
	e.	Breaking of gas pipes of refrigerators is classified as mechanical derangement.
	The General conditions of this Insurance are:
		The first R250 of any claim is excluded Cash, Bank Notes, Stamps, Securities of any kind, gold, silver, or platinum articles, jewellery, precious stones, medals, are excluded. Documents of any other type are covered for their cost of replacement, but not for any value of information contained in them, nor for any liability accruing from their destruction or loss. IT IS SUBJECT TO AVERAGE AND FULL VALUE (FULL VALUE IS CURRENT COST LESS DEPRECIATION) OF THE COMPLETE HOUSEHOLD INCLUDING ALL EFFECTS MUST BE INSURED. INSURANCE FOR LESS THAN FULL VALUE WILL MEAN A PROPORTION REDUCTION IN ANY CLAIM! Reinstatement, Repair, or Replacement of property lost or damaged may be effective instead of paying the amount of any loss or damage. Liability for any articles forming part of a pair, set or collection is limited to pro rata proportion of the overall value of the pair, set or collection. Any articles not professionally packed by the Contractors are excluded. Notification of any loss or damage must be given to the Contractors as soon as possible, but in any event, no later than 72 hours from time of delivery. Claims caused by war, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not) civil war, mutiny, military rising, military or usurped power, martial law or state of siege or any other event or cause which determines the proclamation or maintenance of martial law or state of siege, or nuclear activity, are excluded. Insurance is affected when required under the Contractor’s own “all Risk In transit” Policy and instruction given to the Contractors are the only evidence of the insurance arranged! The Insurers are not liable for any loss or damage to goods, which were not professionally packed by the contractors and placed in suitable containers before transit, neither unless unpacked by them on delivery, nor in respect of damage to any goods, not listed and described in the inventory lodged with the contractors prior to packing. If the value of the contents of the carton or container, packed either by the contractor or the owners, exceeds R250, then a detailed list of the contents, together with the value of each individual piece must be supplied with valuation form. Mechanical derangement, the limit of any loss is R2000.
14.	Packages containing plate, jewellery or valuables should be sealed and handed to the foreman.
15.	It is incumbent on the Customer to see that nothing required to be removed is left behind, that goods and/or fixtures are not taken away in error, also that protection is arranged for articles left in unoccupied premises, as the Contractors will not under any circumstances accept such responsibility.
16.	The Contractor will not accept responsibility for any damage caused to drives, pathway, gates, fences, underground water or sewerage mains, septic tanks or overhead electric or telephone wires unless the Contractors, or their drivers, are warned beforehand by the Customer that they may not enter the premises with their vehicles. In this event an extra charge will be made for the additional carrying distance involved. Any damages to premises must be pointed out to the Contractor’s foreman in charge at the time and confirmed in writing within twenty-four hours after the damage is alleged to have occurred, time being the essence of the contract.
17.	A claim shall not be made the reason for deferring payment of any monies payable to or liabilities incurred to the Contractors.
18.	When a contract is made for a specific quantity and additional goods are removed and/or warehoused, an extra charge shall be made and the above conditions shall apply.
19.	The Contractor may at any time during any removal, transfer the goods from vehicle to vehicle-pending transfer into their own or any other storing place and when goods are in store they may remove them from one store to another. The Contractor reserves the right to sub-contract.
20.	Should goods be stopped by Customs, the client will be responsible for any charges incurred by the Contractor.
21.	In the event of any payment not being paid on due date, the contractors shall be entitled to levy interest at the common law interest rate, and if court action is instituted the Contractors shall be entitled to payment of legal cost on an attorney and client scale inclusive of collection commission. The parties consent to the jurisdiction at the magistrate court, but the contractor’s reserves the right to institute actions in the Supreme Court of South Africa.
22.	If any dispute, difference or question shall at any time hereinafter, arise between the parties hereto or their respective representatives touching any claims put forward on the part of the client against the Contracts, the claim shall be referred to arbitration to two arbitrators (one to be appointed by each of the parties hereto or by his or their representatives or assigns) and their umpire according to the law for the time being governing the decision or disputes by arbitration in the state of country within which the Contractor’s office concerned with the making of the contract is situated within which office the Contact shall be deemed to have been made. The costs of any such arbitration shall unless otherwise agreed be held in the town in which the Contractor’s office from which the Contract is deemed to have been made as foresaid is situated.
23.	In the event of a customer signing the contract as an agent of a company or corporate body and in the event of the company or corporate body not paying the contractors charges, the customer shall be jointly and severally liable for payment in terms of the contract.
ADVICE Extensive damage may occur to mechanical and electrical appliances and musical instruments during transit if mechanism is not made secure. All items must be serviced for removal by the agents or other qualified persons. All motors and pick-up arms should be secured and clocks, barometers, etc, should be dismantled and carefully packed, as should all other mechanical and scientific apparatus. It is stressed that it is not part of the Contractor’s responsibility, and no liability whatsoever falls upon the contractors. All small pieces must be packed in cases or cartons. The Contractor will under no circumstances be responsible for keys. The Customer must retain them!