Proposed New - Terms and conditions
1. DEFINITIONS 1.1. In these Standard Trading Conditions and Terms of Carriage, the following terms shall have the following meaning.
1.1.1. “The company” – Goeie Hoop Vervoer Spoeddiens, registration number 2020/232376/07.
1.1.2. “consignment” – means all goods transported under a single waybill
1.1.3. “goods” – includes all goods or documents transported by the company for the shipper and includes the packaging in which the goods or documents are contained.
1.1.4. “The shipper / the sender / Customer” – includes any person, natural or corporate, at whose request or instance, or on whose behalf, or for whose account, the company transports the goods: and specifically includes the sender of the goods;
1.1.5. “transport” – includes the loading, handling, storage, carriage and unloading
1.1.6. “waybill” – includes any waybill or consignment note pertaining to the goods
1.1.7. “Excluded goods” means items that are excluded from insurance cover without prior notice in writing to the company. These include, but not limited to, valuable goods (including antiques, collectables, watches, jewelry, diamonds and other precious stones), fragile goods (including ceramics, glassware, lighting, TV’s / Monitors, musical instruments), money, tickets (including lottery tickets and any form of transport), perishable foods and any living animals.
1.1.8. “COD” means Cash on Delivery or Electronic transfer before any consignment will be delivered
2. These Trading Conditions and Terms of Carriage apply to all goods transported by the company including any services by our third party
3. All goods are carried at owners / shippers’ risk and the company accepts no liability for loss or damage.
4. All goods will be properly and appropriately packed, marked, labeled and addressed to ensure safe transportation.
5. The company will have the right to refuse to accept a consignment if the company feels the goods are insufficiently packed and / or are deemed to be high risk due to goods being of a fragile nature.
6. Without limitation to the provisions of clause 3, should it be deemed that the company has been negligent in any manner and is liable for any loss and/or damage:
6.1. Carriers’ maximum liability is R1 000 000.00 inclusive of VAT, per vehicle, and not per consignment. It is the duty of the shipper to inform Goeie Hoop Vervoer Spoeddiens in writing 24 hours prior to shipment if any consignment has a value of over R250 000.00. Additional cover will then be arranged.
6.2. Any claims must be submitted in writing within 48 hours from the consignment being delivered to its destination
6.3. Detailed invoices must be supplied for the company to compare quotes ensuring the value of the claim is not higher than the actual manufacturing costs or repairs.
6.4. Any successful claims will be paid out as and when the claim is finalized with the insurance broker.
6.5. The shipper shall retain all receipts and/or copies of collection and delivery notes as these will be required to support any claim for compensation and/or refund
7. Goeie Hoop Vervoer Spoeddiens shall not be liable to pay any refund or claim in respect of Excluded Goods
8. The Customer is responsible for ascertaining if the contents of any consignment are hazardous or dangerous
8.1. The Customer must not send or attempt to send a consignment containing any hazardous or dangerous goods by any of the services of the company unless written confirmation has been received and agreed by the company.
8.2. The Customer shall be liable to the company and its third parties for all loss, damages or injury arising out of the carriage of hazardous or dangerous goods.
9. The sender / shipper shall write the full address, including name and contact number for both the sender and receiver under the “to” and “from” sections of the waybill. It is the sender’s responsibility to ensure the address is correct as the company will take no responsibility for any loss due to a consignment being delivered to the wrong, incorrect or old address. A new waybill is to be made out for any changes of address should there be any as the company will only deliver to the address on the waybill.
10. While the company undertakes to use all reasonable endeavors to deliver within the advertised / allowed times, the company does not guarantee this.
11. The company does not accept liability for any loss of contracts, business, profits, revenue, anticipated savings or any indirect or consequential loss or damage whatsoever or howsoever arising whether from contract, breach of statutory duty, tort (including the negligence of the company, its officers, employees, contractors and third parties) or otherwise
12. The company shall not be liable for any loss, damage or delay to the extent that such results from any acts or omission of circumstances outside of our reasonable control, including but not limited to, any adverse weather conditions, traffic congestion, mechanical breakdown, obstruction of highway and from any industrial action whatsoever.
13. Charges are calculated according to the higher of actual or volumetric weight per consignment. The company shall have the right to re-weigh and re-measure any goods delivered to it for transportation and to make any corrections.
14. Where the company is instructed to collect payment of its charges and disbursements, or any portion thereof, from the consignee or any other person, the shipper will nevertheless remain responsible for the payment thereof if they are not paid in full by such consignee or other person, immediately when due.
15. Where goods dispatched for the account of the receiver, and are rejected by the receiver for whatsoever reason, the sender will carry the costs.
16. The customer undertakes that no claims shall be made against any director, servant or employee of the company which imposes or attempts to impose upon him any liability in connection with the rendering of any services which are the subject of these Trading Terms and Conditions of Carriage and hereby waive all and any such claims.
17. No variation of these Trading Terms and Conditions of Carriage shall be binding on the company unless embodied in a written document signed by a duly authorized director of the company. Any purported variation or alteration of these Trading Conditions and Terms of Carriage otherwise than as set out above shall be of no force and effect, whether such purported variation or alteration is written or oral or takes place before or after receipt of these Trading Conditions and Terms of Carriage by the customer.
18. Any consignments (new or old) powered by fuel of a combustible nature including, but not limited to engines, gearboxes, generators, compactors, motorcycles must be drained of all fuel and oil, the battery must be disconnected and secured or crated on a pallet.