Conditions upon which property is removed, packed or warehoused by Joel Transport (Pty) Ltd.
This document explains your rights, obligations and responsibilities and those of Joel Transport. These conditions can only be changed or amended by written agreement.
These conditions form part and parcel to our quotation and all work undertaken by us will be done so under these conditions. By accepting our quotation, you agree and accept these conditions of service.
Our liability for loss or damage is limited, please pay special attention to Clause 8
For this reason, we offer to procure removals insurance on your behalf, insurance is a separate contract between you and the insurers. You are strongly advised to insure your goods against loss or damage during removals, shipping and storage for their full replacement value at destination. We may arrange cover on your behalf, only on receipt of a completed insurance proposal form prior to commencing the removal. Insurance cover is not effective until the premium is paid.
1. Our quotation
is valid for 7 days and does not include packing, insurance, customs duties or any other fees paid to third parties, we may change the quotation if: a)The work has not been completed within three (3) months if you have caused the delay. (b) Our costs go up because of changes in the official rate of exchange between the currency of South Africa and a foreign currency c) taxation or freight charges outside of our control are levied (d) Extra goods are removed or stored
(e) We have to collect or deliver above a second floor unless we have agreed to do so in writing. (f) We supply extra services at your request. (g) There are delays outside of our control. (h) The stairs, lifts or doorways are inadequate for easy delivery; or the road or approach are unsuitable for our vehicles; unless you told us in writing of these problems before we prepared the quotation. In all these circumstances you agree to pay the extra charges.
2. Work not included in the quotation.
Unless agreed in writing we will not:
(a) Dismantle or assemble unit-furniture (flat-pack), fitments or fittings or take down curtaining. (b) Disconnect or reconnect appliances, fittings or equipment. (c) Remove
or lay fitted floor coverings. (d)Move or store any items excluded under Clause 5. If any of our staff does this kind of work for you we will not be liable for any loss or damage.
3. Your responsibility during removals.
It will be your sole responsibility to: (a) Ensure that nothing is taken away in error or left behind.(b) Obtain all documents necessary for the removal to be completed.(c) Take responsibility for security of your goods at the departure and destination points by being present yourself or by having someone represent you.(d) Adequately prepare and stabilise appliances and equipment prior to their removal. We will not be liable for any loss or damage costs or additional charges that may arise from any of these matters.
4. Ownership of the goods.
By accepting these terms you warrant that: (a) The goods to be removed are your own property or (b) You have the authority of the owner of the property to make this contract in respect of the goods to be moved or stored. You will indemnify us in respect of any damages and/or costs against us if these warranties are not true.
5. What is excluded.
The following items are specifically excluded from this contract and if they are moved by us, we do not accept any responsibility for loss or damage:
(a) Jewellery, Firearms, Cell phones, watches, trinkets, precious stones, money, deeds, securities, stamps, coins or goods or collections of a similar kind.(b) Potentially dangerous, damaging or explosive items. (c) Goods likely to encourage vermin or other pests or to cause infestations. (d) Refrigerated or frozen food or drink.(e) Any animals including pets, birds or fish (and their cages or tanks).(f) Keys. These must be retained by you. We are entitled to dispose of (without notice) any goods submitted which are listed under 5b, 5c and 5d.
If you cancel or postpone your removal we may make a charge to
cover our expenses and/or loss.
7. Paying for the removal.
(a) You must pay our charges in cash or by a bank guaranteed cheque in advance of the removal unless the account is being paid by a government department or by an approved corporate account. (b) You may not withhold any payment because of any claim you may wish to make against us.
8. Our liability for loss or damage.
If we are liable for losing, damaging or failing to deliver your goods, our liability will be limited to a maximum payment proportion of R60 per cubic metre of the volume of the item lost or damaged even if it forms part of
a pair or set. We may decide to pay for the repair or replacement of the item. We shall not be liable for loss or damage resulting from: (a) fire, flooding loss or damage while goods are in store. (b) moths, vermin or similar infestation. C) cleaning, repairing or restoring d) war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, military coup e) wear and tear, leakage or evaporation, atmospheric or climatic changes. (f) any consequential loss of any kind except as stated in 9 below. We shall not be liable for loss or damage to: e) Items which are brittle or have an inherent defect, the mechanism or components in electronic, electrical, clockwork or motor-driven goods (unless there are outward signs and visible signs of impact damage), sensitive equipment or self-assembled furniture that is dismantled and/or re-assembled which is not suitable for transportation. (g) any goods not packed or unpacked by us. (h) items left inside cupboards or other furniture. (i) food or plants (j) fixtures, fittings, property or goods damaged as a result of difficult access. (k) goods received from a third party in an unknown condition. (l) damage to deep freezers in which goods are packed. (m) any items referred to in Clause 5.
9. Delays in transit.
If we do not keep to an agreed written time schedule and the delay is within our reasonable control, we will pay your reasonable expenses up to a maximum of R250. If through no fault of ours we are unable to deliver your goods, we will take them into store. The contract will then be fulfilled and any additional service(s), including storage and delivery will be at your expense.
10. Damage to premises.
You must note all damages to premises on the delivery receipt and confirm it in writing within seven days. The time limit is essential. Our liability will be limited to R1000 and we may arrange to have the damage repaired ourselves.
11. Time limits for claims.
We will not be liable for any loss or damage to any goods unless: (a) Any claim for loss or damage to goods which you or your agent collect from us is notified to us in writing at the time of collection. (b) You notify us in writing of any loss of or damage to the goods within seven days of their delivery by us to their destination. In both cases, time limits and the content of clause 8 are essential to the contract.
12. Our right to hold goods.
We have a legal right to withhold some or all of the goods until you have paid all our charges. These include any charges that we have paid out on your behalf. While we hold the goods and wait for payment, you will be liable to pay all storage charges and other costs incurred by withholding your goods and these items and conditions will continue to apply.
13. Our rights to sell the goods.
On giving you 28 days’ notice we are entitled to require you to move your goods from our custody and to pay all money due to us. If you fail to pay all outstanding debts due to us, we are entitled to sell or dispose of some or all of the goods to defray expenses. The cost of the sale or disposal will be charged to you. The net proceeds will be credited to your account and any eventual surplus will be paid to you without interest.
You may not defer payment to us or set off any amount due to us in the event of a claim or dispute.
15. Claims against us by third parties (people other than you and us).
You will have to pay any charges, expenses, damages or penalties claimed against us in respect of the goods by a third party unless you could prove that we were negligent. These include parking charges that we may have to pay to do the work unless we have agreed otherwise in writing.
16. Our right to sub-contract the work.
(a) We may sub-contract some or all of the work. (b) If we sub-contract, this contract will still apply to you and us.
17. Where the law applies.
This contract is entered into at the city or town of origin and is subject to the laws of the country in which this contract was made.
18. Contact details
It is incumbent on you to ensure we have your latest contact details – notices will be deemed delivered when sent to your last contact address /e mail /fax or cell phone number.
19. List of goods or receipt (Inventory).
If a list of goods or inventory is supplied, it will be final unless you write to us within seven days and specify any discrepancy or omissions. You may not make a claim for an item not on the list or receipt.
20. Revision of storage charges.
We review our storage charges periodically. You will be given 28 days’ notice of any increases.
21. Own collection
If you make your own arrangements to collect the goods out of
store we will make a charge for taking them out of storage and handing them over, our
liability will cease upon handing over the goods, as will any insurance cover arranged by
us at your request. Our account must be paid in full before the goods can be released.
22. If we wish to end the storage contract.
If your payments are up to date, we will not end this contract, except giving at least three months’ notice.
23. Banking details Nominated account
Account: Joel Transport
Account Number: 55291136544
Funds paid to any other banking account will not be accepted as payment by us.