Terms & conditions applicable to the removal and storage

1. LIABILITY
1. THE CONTRACTOR will not, under any circumstances whatsoever, be held liable for any damages sustained by THE OWNER arising out of any work done by THE CONTRACTOR for THE OWNER, and the wrapping, packing, transport and storage of THE OWNER's goods by THE CONBTRACTOR, or by THE CONTRACTOR's agents, are carried out entirely at THE OWNER's risk. In addition, THE CONTRACTOR shall not be liable for any loss of whatsoever nature arising from the delivery of the goods on a date later than that specified, from the delivery of the goods to a destination other than that specified, or from any consequential loss arising therefrom.

•  BASIS OF QUOTATION:

•  Quotations may be varied or withdrawn at any time before acceptance in writing, by THE OWNER ;

•  This quotation is given on the basis that :-

The work will be carried out by THE CONTRACTOR according to the method, and along the routes selected by THE CONTRACTOR in its sole discretion, without interruption, hindrance or postponement arising from factors beyond its control.

2.2.2. THE CONTRACTOR's vehicles and/or staff are available at a time or at times enabling it to carry out the work according to the quotation.

•  Part loads will be conveyed and delivered at THE CONTRACTOR's convenience ;

2.2.4. Any increase in the scale of wages or salary in respect of THE CONTRACTOR's employees, or of those of its agents, any increase in the licence fees, taxes, rail, air, or even sea rates over those ruling at the time the quotation is given, will be passed on the THE OWNER ;

2.2.5. Should any costs or charges be imposed upon THE CONTRACTOR in respect of the work, which were not applicable at the time that the quotation was given, they will be passed on THE OWNER ;

2.2.6. Should any goods be included in the consignment, over and above those in respect of which the quotation was given, THE CONTRACTOR will be entitled to vary the quotation to take account of those goods, subject thereto that THE OWNER will remain bound to the terms of the first – accepted quotation unless a fresh agreement is reached between the parties;

•  Should THE CONTRACTOR not catty out the work as envisaged in the quotation, for any reason whatsoever, THE CONTRACTOR will be entitled, at least, to recover such expensed as it may have incurred, and to recover such expenses as it may have incurred, and to recover its reasonable charges in respect of such work as it may have performed;

•  The quotation excludes amounts which may have to be paid in respect of customs dues, clearing charges, in respect of air, sea, or railfreight, dock dues, landing fees, the costs of the preparation of documents, the costs of procuring permits, or any other charges of a like nature over which THE CONTRACTOR has no control ;

•  The contractor will be able to remove the goods by hand, and without the use of any special equipment, and that THE CONTRACTOR will not have to convey the goods more than 40 metres from the place where they are usually kept, to THE CONTRACTOR's means of conveyance and that the goods can be conveyed to that conveyance without the removal of any obstacles such as doors, windows or the like ;

•  THE CONTRACTOR is entitled to add to the amount of this quotation, the cost of procuring and employing any special means enabling it to remove the goods to its means of conveyance, to load them thereon, and to offload then therefrom and to place then in storage, as well as the cost of removing any hindrance to such removal of the goods and of replacing that hindrance thereafter ;

2.2.11. THE CONTRACTOR will be entitled to add to the amount of the quotation, the costs of employing any expert or specialist to detach, dismantle, or otherwise render removable any item of whatever mature unless the contrary is specified in writing in the quotation.

•  DELAY AND DEVIATION :

3.1 Should THE CONTRACTOR be unable to carry out the work on the date or at the time stipulated, this will be done as soon thereafter as reasonable possible subject thereto that THE CONTRACTOR will not, under any circumstances, be liable for any damages or consequential damages which may arise as a result of a delay in carrying out the work ;

3.2 Should any cause beyond THE CONTRACTOR's control necessitate the carrying out of the work along routes, or by methods not envisaged at the time the quotation was given, such that THE CONTRACTOR's cost of carrying out the work are increased, THE CONTRACTOR will be entitled to pass this increase on to THE OWNER, who shall be liable therefor ;

•  PROTECTION OF PREMISES :

THE CONTRACTOR will not be responsible for protecting or guarding the premises from which the goods are to be removed under any circumstances whatsoever, and the responsibility for arranging for the premises to be secured will remain with THE OWNER. Should THE CONTRACTOR, nonetheless, arrange for the securing of the premises, once vacated, or during the course of the removal of the goods, the costs attendant thereupon will be borne by THE OWNER.

•  GENERAL INDEMNITY :

The owner hereby indemnifies THE CONTRACTOR in respect of any claims of whatever nature which may be brought against it by third parties arising from the package, removal, cartage and storage of the goods.

•  NOXIOUS, CORROSIVE, INFLAMMABLE OR GENERALLY DANGEROUS GOODS:

The owner shall not include in the goods dealt with in the quotation any goods which are noxious, corrosive, inflammable, or in any way likely to cause harm. A breach by THE OWNER of these provisions will entitle THE CONTRACTOR forwith to abandon the work, and to recover from THE OWNER its pro rata charges in respect of the work, up to the time of abandonment.

•  DELAY BY OWNER :

Should a delay be caused to THE CONTRACTOR in connection with the carrying out of the work as a result of any mis-statement, mis-representation or failure to disclose, whether innocent, negligent, or fraudulent, on the part of THE OWNER, or as a result of any default, or failure by THE OWNER to co-operate with THE CONTRACTOR to enable it to carry out the work, or if THE OWNER or consignee is unable to receive the goods at the place where they are to be delivered, immediately on the arrival, THE CONTRACTOR will be entitled to unlaod them into a storage place of its choice, THE OWNER hereby irrevocably and in remsuam appointing THE CONTRACTOR as his/her/its agent to conclude any agreement of storage and/or delivery on THE OWNER's behalf, hereby agreeing that delivery at such storage place shall be deemed to be delivery pursuant to the contract between the parties and agreeing to 10 th December 1996 pay any/…. pay any additional expenses which may be occasioned to THE CONTRACTOR as a result of such delivery.

•  INVENTORY

8.1 THE CONTRACTOR shall upon receiving the goods, prepare an inventory thereof ;

8.2 The aforesaid inventory need not state the condition of the goods or the contents of any article, suitcase, bundle, package or other container, subject thereto that the absence of any mention of the condition of any thing, or content of any thing, shall not be deemed to be an indication that the particular thing was in any particular condition, whether good or poor, or that any particular thing contained anything at all ;

8.3 The inventory will be final and conclusive as between the parties unless a discrepancy between the inventory and the goods actually dealt with is pointed out and recorded in writing within 10 days of THE CONTRACTOR commencing the work.

•  ACCESS TO GOODS AND COLLECTION :

•  Once the goods have been taken into the possession of THE CONTRACTOR, access thereto will only be allowed upon presentation of the duly signed inventory issued by THE CONTRACTOR, and, if the person requiring access is not THE OWNER, upon the provision of an authority in writing, signed by THE OWNER before two witnesses, authorising the bearer to have access to the goods, and, if applicable to remove goods from the consignment ;

•  THE CONTRACTOR will be given 7 days clear notice before any access is allowed to the goods, if such access is to be had between the 8 th and 21 st day of any calendar month, and 15 clear days notice if such access is to be hand between the 22 nd of any month and the 7 th day of the following month.

•  25 clear days notice shall be given to THE CONTRACTOR of THW OWNER's intention to collect, or to have collected the goods out of any store in which they may be stored by THE CONTRACTOR.

•  THE CONTRACTOR shall be entitled to refuse access to or collection of the goods without the production of the inventory prepared by THE CONTRACTOR, and, in the event the access to the goods, or the collection of the goods, is to be by a person other than THE CONTRACTOR, without a letter of authority in favour of such person, duly signed by THE OWNER before two witnesses.

•  NO access to, or collection of the goods will take place unless THE CONTRACTOR, or an agent of THE CONTRACTOR is present.

10. STORAGE AND OTHER CHARGES :

•  Unless otherwise stated in writing the charges for storage are for a calendar moth, or part thereof, the minimum charge being for one month ;

•  Storage charges do not include charges which may be levied in order to allow access to the goods, inspection thereof, removal, collection, packing, cleaning, receiving, stowing, unstowing, handling, fumigation, searches, or any attendance upon owners or their agents, or upon customs or clearing agents, in respect of which charges THE OWNER will be liable.

11. TIME FOR PAYMENT, AND METHOD OF PAYMENT :

THE CONTRACTOR's charges shall be payable in cash, and if THE CONTRACTOR accepts payment by cheque, it shall have no obligation to commence any of the work until the relevant cheque has been cleared, payment being deemed to take place only upon clearance.

11.2 THE CONTRACTOR will undertake no work until the sum of R has been paid to it.

11.3 Storage charges in respect of any goods are payable monthly in advance on the 1 st day of each month;

•  Should any amount due by THE OWNER to THE CONTRACTOR not be paid on the due date thereof, THE OWNER will pay interest to THE CONTRACTOR at the rate of 24% per annum as from the due date of the payment, until it is actually paid.

12. CONTRACTOR'S LIEN AND RIGHT OF PARATE EXECUTIE : -

•  THE CONTRACTOR shall have a lien over all THE OWNER's goods which it takes into its possession, in respect of all amounts which may become due to it in terms of the agreement between the parties, whether in terms of the original quotation accepted by THE OWNER or any extension or variation thereof.

•  THE CONTRACTOR's lien will secure the full amount due to it in respect of any cause of debt whatever including amounts due by it as envisaged to arise from the terms hereof, or otherwise, and whether in respect of expenses incurred by THE CONTRACTOR, or its agent.

•  THE CONTRACTOR, either itself, or through any of its agents in any place whatever, will be entitled to sell the goods, or any part thereof, by a method of its choice, selected in its sole and unfettered discretion, to defray whatever amounts may be due to it.

•  THE CONTRACTOR will not be obliged to sell only sufficient of the goods to defray an amount due to it, but will be entitled to sell all the goods, as envisaged herein, in which case the excess of the proceeds of such sale, over and above the amount actually due to THE CONTRACTOR, will be deposited by THE CONTRACTOR in an interest bearing account with a financial institution of its choice, for the credit of THE OWNER.

•  In the event THE CONTRACTOR elects to sell the goods or part thereof by Public Auction, it will be sufficient if such sale is advertised in one edition of an English language newspaper circulating in the district where the goods were taken into the possession of THE CONTRACTOR, alternatively where they are at the time of the sale.

•  The owner hereby irrevocably waives any right to make any claim against THE CONTRACTOR on the basis that any of his or her goods have been disposed of at a value less than their actual value at the time of disposal, or in respect of any claim whatsoever arising from such disposal, indemnifies THE CONTRACTOR in respect of any claims which may be made by any third party against THE CONTRACTOR in respect of the disposal of the goods taken into THE CONTRACTOR's possession.

•  For the purposes hereof, THE OWNER irrevocably and in remsuam authorises THE CONTRACTOR to dispose of his/her goods, and to pass ownership thereof to any purchaser of the goods or part thereof.

•  There will be no obligation whatsoever upon THE CONTRACTOR to give notice to THE OWNER of its intention to exercise its rights in terms of this clause, which will be enforceable upon any amount due by THE OWNER to THE CONTRACTOR not being paid punctually on the due date thereof.

•  JURISDICTION AND COSTS :

•  This quotation constitutes a consent by the parties in writing to the jurisdiction of the Magistrate's Court for the determination of any matter whatsoever which may arise between them, but, notwithstanding the provisions hereof, THE CONTRACTOR will have the right to bring any action or application against THE OWNER in the Supreme Court.

•  Should it be necessary for THE CONTRACTOR to take legal advice with regard to any matter relating to the agreement between THE OWNER, then : -

•  In respect of non-litigious work, THE OWNER undertakes to pay THE CONTRACTOR's legal expenses calculated on the non-litigious tarrif promulugated by the Law Society of the Cape of Good Hope ;

•  In respect of litigious work, THE OWNER undertakes to pay THE CONTRACTOR's legal expenses on scale as between attorney and own client, together with collection commission, if applicable such that THE CONTRACTOR obtains a full and complete indemnity in respect of all its costs whatsoever to the fullest possible extent.

14. DOMICILIUM CITANDI ET EXECUTANDI AND SERVICE OF NOTICES :

14.1 Subject to the provisions of this clause, and if no other domicilium be appointed herein by THE OWNER, THE OWNER chooses domicilium et executandi for all purposes whatsoever relating to the relationship between he/she and THE CONTRACTOR, at the address from which THE CONTRACTOR removed the relevant goods, notwithstanding the fact that THE OWNER is fully aware that he/she may no longer be at that address ;

14.2 The owner will be entitled to appoint a domicilim citandi et executandi for the purposes envisasged in this clause, provided that such domicilium is a numbered street address in a Town or City within the Republic of South Africa ;

14.3 THE CONTRACTOR chooses its domicilium citandi et executandi for all purposes relating to the relationship between it and THE OWNER, at P.O.Box10380, Linton Grange, Port Elizabeth , 6015 ;

14.4 All notices and communications to THE OWNER, including the inventory, shall be deemed to have been duly served and received 4 days after posting, if sent by registered post ;

15. INCORPORATION AND NON-VARIATION OF THESE TERMS :

•  The terms set forth herein, will mutatis mutandis , be incorporated in any other agreement whatsoever concluded between the parties, whether that agreement be in writing and signed by or on behalf of the parties.

15.2 No variation of this agreement will be of any force or effect whatsoever unless concluded in writing and signed by or on behalf of the parties.

16. PROOF OF AMOUNTS DUE :

The amount due by THE OWNER to THE CONTRACTOR shall be proved by means of a certificate given under the hand of any member of THE CONTRACTOR, and the full onus of proving that the certificate is not given by a member of THE CONTRACTOR, or that any information set forth therein is not correct, will be upon THE OWNER such that, if the amount due or the calculation thereof is the only issue between the the parties in any litigation, the duty to begin leading evidence will be upon THE OWNER.

17. INSURANCE : -

Should THE CONTRACTOR deem it necessary, in its sole discretion, will be entitled to insure the goods on the terms, and for an amount to be determined by THE CONTRACTOR and the costs of such insurance will be payable by THE OWNER on demand.

•  WARRANT OF AUTHORITY :

The person signing this quotation as, or on behalf of THE OWNER, by his signature hereto warrants that he/she has the authority to contract with THE CONTRACTOR and undertakes that, should the actual owner of the goods for any reason not be bound by the terms and conditions hereof, they will be binding upon the signatory hereto as if that signatory, and THE CONTRACTOR, at all times intended to contract between THE CONTRACTOR and the signatory, and, in addition the signatory hereby indemnifies THE CONTRACTOR in respect of any claims of whatever nature may be brought against it as a result of its dealings, of whatever kind with the goods.