Terms and conditions

OUR CONDITIONS OF CONTRACT FOR REMOVING, PACKING, WAREHOUSED, STORING OR HANDLING PROPERTY by Elliott Mobility (Pty) Ltd

 

1. INTRODUCTION
(a) “We”, “us” or “our/s” means Elliott Mobility (Pty) Ltd. Registration Number 91/00704/07
(b) “You” or “your” means the customer.
(c) This contract explains the rights, duties and responsibilities of both the customer and Elliott Mobility (Pty) Ltd.
(d) This agreement and/or quotes can only be validly changed if done so in writing and signed by both the customer and an authorised
person from Elliott Mobility (Pty) Ltd.
(e) Moving and storing items is risky. Please pay special attention to clause 10. Our liability for loss or damage is limited. This means we are
not responsible for all losses or damages you might suffer.
(f) Because our liability for these risks is limited, we offer insurance in our quotation against loss or damage of items being removed or
stored.
(g) Insurance is a separate contract between you and the insurance company and those conditions of insurance are separated from these
conditions.

2. OUR QUOTATION
(a) Our quotation depends on sufficient resources being available on the day you want us to do the work. We will confirm this availability for the date requested, or state the next business day on which we can confirm their availability, in writing, within seven days of you accepting our quotation.
(b) Our quotation does not include insurance, customs duties, cargo dues and any other legal or government fees that may be due in relation to this contract.
(c) You agree to pay any additional charges if: –
• you do not accept our quotation within 28 days and we change our quotation;
• you cause any delays in us carrying out the work;
• our costs increase because of a change in tax, freight or foreign agent’s charges;
• our costs increase because of a change in the exchange rate between the rand and any relevant foreign currency;
• there is any delay that we have no control over;
• we pack, remove or store additional items that were not included in our quotation.
(d) We will charge additional fees unless you informed us in writing, before we sent you the quote that: –
• we have to collect or deliver above a second floor;
• any stairway, lift or door is too small or narrow for easy access or delivery;
• the road or approach is unsuitable for our vehicles;
• you want us to pack, remove or deliver items on a weekend or public holiday.

3. WORK NOT INCLUDED IN THE QUOTATION
(a) Unless we agreed to it in writing, we will NOT:-
• dismantle or assemble any furniture or fittings, with the exception of normal beds which can easily be dismantled using normal tools;
• take down curtains or blinds;
• disconnect or reconnect appliances, fittings or equipment, such as stoves and washing machines;
• remove or lay fitted floor coverings, such as wall to wall carpets;
• move or store any items excluded in terms of Clause 7 below.
• We are not responsible for any loss or damage if any work listed above is done by one of our employees / agents without our written

4. ROUTE,
agreement or permission.
MODE OF TRANSPORT, PACKING AND WAREHOUSING
• We may choose any route for delivery unless alternative arrangements are agreed to by both parties in writing.
• We may choose any type of packing and transport, unless we agree to something specific in writing.
• We may use other space or capacity on our vehicles or in shipping containers for other customers’ items, unless our written quotation
says that we will not do this.
• We may unload and reload your items from or into a vehicle or shipping container.
• We may store items in any of our or our agents’ warehouses.

5. YOUR RESPONSIBILITY
(a) It shall be your sole responsibility to:-
• make sure that no items are left behind or taken away in error;
• obtain and/or purchase any document needed, giving permission for the move to be completed, such as a visa;
• arranging for security for your items when they are collected or delivered, by being there yourself or by arranging someone else to
be there for you;
• properly prepare any appliance or equipment before it is removed;
• organise and pay for any parking necessary to complete the work required:
• locking away any valuables such as money, jewellery, handbags and cellphones;
• inspecting or arranging for someone to inspect any item delivered to us by someone else on y our behalf; and
• arrange adequate and convenient access to the items to be moved such as gate access and/or house/office keys.
(b) We are not liable for any loss, damage or extra charges because of anything listed in this clause. We are never responsible for lost keys.

6. OWNERSHIP OF THE GOODS (ITEMS)
(a) You assure/warrant/promise that: –
• you are the owner of the goods/items to be moved; or
• You are authorised by the owner of the goods / items to enter into this contract and have them moved;
• You indemnify us against any damages and / or costs awarded against us if the warranty / assurance is not true.

7. WHAT IS EXCLUDED FROM THIS CONTRACT
(a) This contract specifically excludes any;
• valuable items, such as any item of jewellery, watches, precious stones, money, stamp collections, title deeds, share certificates, or
any similar items or collections;
• animals in its cage or tank, including any pet, bird or fish;
• plants or flowers, including pot plants and dried flower arrangements;
• abnormal items, for example, an item that is too large or too heavy to be moved by a team of removal men without special
machinery; and any
• items that cannot be moved because any stairway, passage or door is not strong or wide enough.
(b) This contract also specifically excludes any of the following items, which we may throw away, discard or destroy without informing you:
• any potentially dangerous, damaging or explosive items;
• any item that might attract vermin or other pests or cause an infestation; and
• any partly used liquids or any food or drink from the fridge or freezer.
• We are not responsible for any loss or damage you suffer in connection with any of the items excluded in this clause.

8. CANCELLATION OR POSTPONEMENT OF MOVE
(a) We may charge a reasonable deposit for any advanced booking of our services.
(b) Should you cancel or delay the work we may charge you a reasonable fee to cover our expenses/loss of income. We shall take the
length of the notice / cancellation period into account when determining the fee.
(c) No cancellation fee shall be charged if the person whose items / goods are being moved is hospitalised or dies. In the case of death, we
shall refund any deposit paid to that person’s deceased Estate.

9. PAYMENT OF OUR CHARGES
(a) Payment of charges can be made by way of cash, EFT or Bank Guaranteed Cheque.
(b) Charges are due, owing and payable for: –
• direct removals: before removal starts;
• storage costs: on the first business day of each month;
• delivery: prior to delivery;
• international moves: prior to us starting to pack;
• any other services: before or upon us performing such services.
(c) For any amount that remains unpaid after due date, we may change interest on it at the rate of 4% above Standard Bank’s prime bank rates.
(d) We shall have a general lien (claim) over any items / goods in our possession covering all amounts due and / or expenses incurred, this means that under certain circumstances we may sell your items in our warehouse to recover your debts owed to us.
(e) If we have to instruct our attorneys to recover any amount you owe us, you will have to pay all our legal costs (on the higher attorney and client scale), including commission, tracing fees and any other expenses.

10. OUR LIABILITY FOR LOSS OR DAMAGE
(a) We are liable for the loss, damage and / or failure to deliver your items / goods, in terms of section 51 (3) read with s 65 (2) of the Consumer Protection Act 68 of 2008 if;
• the cause of the loss / damage / failure to deliver is directly caused by us, one of our employees and / or agents,
• the loss / damage / failure to deliver is NOT attributable to substandard packing materials, maintenance on vehicles / vessel or any
other material or object used in the supply chain, that we should be aware of,
• our liability will be limited to R 300.00 (Three Hundred Rand) per cubic metre of the volume of the item lost or damaged, even if the
item forms part of a pair or a set,
(b) We are not liable for loss / damage resulting from;
• war (whether declared or not), invasion, sabotage, civil war, rebellion, military coup or similar situation beyond our reasonable control;
• fire, burglary or flood while items are in store.
• Moth, vermin or similar infestation;
• cleaning, repairing or restoring (unless we did the work ourselves);
• atmospheric or climatic changes;
• discolouration, such as any change of colour, fading, stains,
• worsening quality or condition of any plant or perishable item;
• difficult access to or from any room building or other location; or
• indirect (consequential) loss, except up to the maximum amount in clause 11 below (if that clause applies).
(c) We are also not liable for loss / damage to any;
• fragile or brittle items;
• items with an inherent defect (a problem that was already there)
• mechanism in any clockwork, electronic or
• motor-driven item(unless this is any visible sign of impact damage on the outside of the item);
• sensitive equipment, or any item that is not suitable for being transported;
• furniture that is dismantled or re-assembled;
• items packed by you;
• items left inside a cupboard or other furniture;
• items left in a deep freeze or fridge;
• keys left in furniture;
• Items delivered to or from an auctioneer, auction room, communal
• items delivered to or from an auctioneer, auction room, communal (shared) storage area, or other similar business;
• items received by or from someone else.
(d) We move frozen items and perishables at your own risk and are not liable (responsible) for any death, injury, sickness and or loss suffered following the removal and storage of any such items.

11. DELAYS IN TRANSIT
(a) If the cause of the delay of the delivery of your items / goods is within our reasonable control we shall pay your reasonable expenses directly resulting from such delay, within 14 (fourteen) days of forwarding of proof of such expenses to us,
(b) If we are unable to deliver your items / goods and which delay is not caused through any fault of ours, then such goods shall be placed into storage and delivered as soon as can be arranged,
(c) You shall be liable for the extra storage and delivery costs resulting from the delay as set out in (b) above.

12. DAMAGE TO PROPERTY
(a) If we damage your premises, you must take note of this and record the alleged damage on our worksheet provided,
(b) The damage to the premises must be confirmed in writing by us by registered post within 7 (seven) days of the goods being delivered,
(c) We may arrange to have any damage repaired ourselves and must be given the chance to do so,
(d) Our liability for damage to the premises is limited to R 5 000 (Five Thousand Rand).

13. TIME LIMITS FOR CLAIMS
No liability for any loss or damage to your consignment and/or items moved will be accepted by us unless;-
• For items which you and/or your agent collect from us, claims notification is given to us in writing at the time of collection.
• For any other circumstances, written claims notification is received by us within 7 (seven) days of delivery of your consignment at
its destination.
In both cases, time limits are essential to the contract.

14. OUR RIGHT TO HOLD GOODS AS SECURITY FOR PAYMENT
(a) We have a right to keep and eventually sell or dispose of any items / goods until you have paid all or any charges owed to us in terms of this contract, which may include any amounts we have paid on your behalf.
(b) While we keep any items / goods as security for payment, the conditions of this agreement shall continue to apply and you shall be legally responsible for storage and other costs in relation to the items / goods.
(c) We shall not release items / goods until all charges have been paid.

15. OUR RIGHT TO SELL THE GOODS WITHOUT ANY NOTICE TO YOU OR ANYONE ELSE
(a) We shall send a letter by registered post to your forwarding address as provided by you in clause 20 below;
• demanding that you remove your items / goods and pay us any money owed within 60 (sixty) days of the letter being delivered to
you;
• giving you notice that we shall sell your items / goods if you do not collect the items / goods and pay all money owed.

(b) You shall be legally responsible for the cost of selling / disposing of your items / goods.
(c) We shall pay you the balance of any monies left over (should there be any) after all monies owed to us have been deducted.

16. DISPUTES
You may not delay payment or deduct (set off) any amount owed to us in terms of this contract in the event of a claim or dispute arising.

17. CLAIMS AGAINST US BY THIRD PARTIES (PEOPLE OTHER THAN YOU AND US)
(a) Claims by a third party include parking charges that we may have to pay in order to provide our service to you;
(b) You shall be liable for any charges, expenses, damages or penalties claimed against us by a third party in connection with any of your
items / goods or the services we provided you, unless you can show that we were negligent or we agreed, in writing, to pay third party claims.

18. OUR RIGHT TO SUB-CONTRACT THE WORK
• We may sub-contract some or all the work to any other organisation.
• If we sub-contract, this contract we still apply to you and us.
• You agree to the terms set forth in the Bills of Lading, Consignment Notes and any such documentation issued by other carriers or
organisations involved in the removal and nominated by us. These conditions form part of this contract. If no such terms and conditions are in existence then our liability will be as set out in clause 10.

19. THE LAW APPLYING TO THE CONTRACT
(a) This contract will be regarded as having been entered into in the city or town where the items/goods are collected from,
(b) The Law of the Republic of South-Africa will apply to the contract, unless the contract is signed in a foreign country, in which case the law
of that country will apply.

20. YOUR FORWARDING ADDRESS
(a) You must provide us with a forwarding address and must notify us, in writing, within 5 (five) days of the address changing;
(b) All written communication and notices will be considered to have been received by you 10 (ten) days after posting / delivering any communications / notices to the forwarding address given by you to us. You must provide a forwarding address and notify us in writing if it changes. All correspondence and notices will be considered to have been received by you 10 (ten) days after posting to the last
forwarding address supplied by you to us.

21. LIST OF GOODS OR RECEIPT (INVENTORY)
(a) A list / receipt of items / goods setting out what we have packed, moved, shipped, handled or stored will be final, unless you write to us within 7 (seven) days of being presented with the list / receipt, stating any mistakes or changes that need to be made;
(b) You may not make a claim for any items / goods that are not on the list / receipt given to you by us.

22. PAYMENT OF STORAGE CHARGES
All charges including removal charges must be paid before release by us of any item from store.

23. REVISION OF STORAGE CHARGES
We review our storage charges periodically. You will be given 28 (twenty eight) days notice of any increases.

24. STORAGE CONTRACT AND CHARGES
• Our minimum charge for storage is one calendar month
If your items / goods are released before the 15th of the calendar month, we may (at our choice) only charge you half of the storage costs owing for that particular month.
• If you wish to end the storage contract, you must do so by giving is 15 (fifteen) days’ written notice. If possible, we shall release the items / goods before the 15 (fifteen) day notice period has ended.
• Storage charges shall be due, owing and payable up until the end of the 15 (fifteen) day notice period or the release of the items / goods to you, whichever date is the later.
• Charges for storage, delivery into or from storage and warehouse handling fees are charged for separately unless they have been clearly included in your quote.
• If you organise for your own delivery / collection of items / goods to or from our storage warehouse, then we shall charge you for any work done in handling the goods / items.

25. IF WE WISH TO END THE STORAGE CONTRACT
If your payments are up to date, we will not end this contract, except by giving at least 3 (three) calendar months notice.

26. HANDING OUT CHARGES
If you choose any party other than us to collect your consignment from our warehouse, the same notice period and payment terms apply as set out in condition 24 and we are entitled to make a charge for handing the consignment over to them. Our liability will cease upon handing over the consignment.

27. INSURANCE
You are strongly advised to insure your consignment against all insurable risks during packing, moving, shipping and storage for their full replacement value at destination. We may arrange cover through our insurance company on your behalf but only on receipt of a completed insurance proposal / application form prior to our commencement of the work. The insurance cover is not effective until the completed insurance proposal form is in our possession and until the premium has been paid to us. Any such insurance arranged by us will constitute a separate contract between you and the insurance company.

28. DATA PROTECTION
“POPI” shall mean the Protection of Personal Information Act, No 4 of 2013, as amended from time to time, including any regulations made under the Act; “Privacy and Data Protection Conditions” refers to the 8 (eight) statutory prescribed conditions for the lawful Processing of Personal Information;
I acknowledge that any Personal Information supplied to Elliott is provided voluntarily and that Elliott may not be able to comply with its obligations if the correct Personal Information is not supplied to Elliott. I understand that privacy is important to the Responsible Parties and the Responsible Parties will use reasonable efforts in order to ensure that any Personal Information in their possession or processed on their behalf is kept confidential, stored in a secure manner and processed in terms of South African law and for the purposes I have authorised. I warrant that all information, including Personal Information, supplied to Elliott is accurate and current and agree to correct and update such information when necessary. By submitting any Personal Information to Elliott in any form I acknowledge that such conduct constitutes a reasonable unconditional, specific and voluntary consent to the processing of such Personal Information in the following manner by Elliott and/or verification information suppliers.

29. BRIBERY AND CORRUPTION CHARTER
The Elliott Group’s fundamental values are integrity, transparency and accountability; based on these values the Elliott Group has a long- standing commitment to combat kickbacks, extortion, bribery and corruption in all forms in international business. We subscribe to the prevention of corruption act 12 of 2004 and any similar international legislation.
Where there is doubt, guidance should be sought from Human Resources, the Finance Director or Regional Director. No financial or other inducements should be given to third party organizations or to individuals from such organization’s under any circumstances, including government agencies and representatives.
Sales of the Company’s services and purchases of products and services from suppliers will be made solely on the basis of quality, performance, price, value and/or for the benefit of the Group, and never on the basis of giving or receiving inducements in the form of payments, gifts, entertainment or favors or in any other form.
For further information on Data Protection or Bribery and Corruption, please refer to our website – www.elliottmobility.com

30. DISCLAIMER
Elliott mobility (Pty) Ltd would like to welcome you to our website by clicking on the link www.elliottmobility.com. By viewing our website, you hereby acknowledge that you have read, understood and accepted the disclaimers.

Privacy Policy

The Personal Information Act promotes the protection of personal information processed by public and private bodies. To introduce certain conditions for the processing of personal information, to provide for the establishment of an Information Regulator to exercise certain powers and to perform certain duties and functions in terms of this Act and to adhere to the Promotion of Access to Information Act, 2000. To provide for the issuing of a code of conduct, to provide for the rights of persons regarding unsolicited electronic communications and automated decision making and to regulate the flow of personal information across borders.

What information do we collect?
We collect information from you when you contact us for a service request when moving locally or internationally. Personal data may include but not limited to the following: your full name, passport details, family details, contact numbers, email addresses, work permit details, photos (of your household and belongings), payment information and your residential address.

What do we use your information for?
The information we collect from you can be used in the following ways: to initiate Elliott Mobility services, to improve our service delivery, to send email updates and to improve our customer service.

How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal data. All sensitive information supplied is encrypted in the Elliott Mobility database, only to be accessed by those authorised with special access rights to internal systems. If you wish to access or correct information for relocation, please contact an Elliott Mobility consultant.

Do we disclose any information to outside parties?
We would never sell or trade personal data. Personal data is kept confidential. However, to carry out the authorised services, we sometimes transfer personal information to third parties for the purposes of a good. These third parties include but not limited to trusted partners and shipping lines, as long as the parties agree to keep this information confidential. We are a multinational organisation, our third parties may be located in countries or jurisdictions other than your place of residence. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.

What say do you have?
We rely on the information you give us to provide the right service to you. You can decide not to share some of your information, restrict access to your personal record or withdraw your consent for us to use your personal information, but this may affect our ability to provide you with the best possible services. You may withdraw your consent given in writing. If you do withdraw your consent to any or all purposes and depending on the nature of your request, we may not be able to continue to provide our service for you.

How long will we retain your personal data?
Your personal data is retained to the extent one or more purposes for which it was collected remains valid and for other legal or business purposes for which retention may be necessary.

Google
In accordance with some of Google’s recent compulsory policies, we herewith inform you that we might be tracking your cookies as our web site / company is currently undertaking Google AdWords remarketing of any other Google AdWords feature that tracks such cookies.

By visiting this site, you agree that certain of our Google AdWords remarketing and or other advertisements can follow you as you visit other web sites that forms part of Google’s Display Network (GDN).

Note that we shall under no circumstances be utilizing any personally identifiable information as obtained through our Google AdWords remarketing campaign in any other related marketing endeavours – online or otherwise. (Such restricted utilization of information includes the sharing of such with third parties.)

The Company shall under no circumstances be using any sensitive information of any nature on any of our remarketing tags.

The Company shall duly endeavour to adhere to all of the current in-effect policies of Google related to remarketing or any other form of Google advertising in all of its Google AdWords marketing campaigns. (In instances of possible non-conformity to such, the Company shall endeavour to rectify such in a prompt manner.)

You may opt out of seeing advertisements for web site, by simply clicking here: – http://www.google.com/policies/technologies/ads/.

We have implemented certain Google Analytics features for the primary purpose of attempting to ascertain the success of our online marketing endeavours via the Google AdWords platform.


Our anti-bribery and anti-corruption commitment to you

Bribery of any government official in any country is strictly against Elliott Mobility’s policy, even if the refusal to make such a payment would result in the company losing a business opportunity. Every country, to our knowledge, prohibits the bribery of its own officials. Many countries have laws that make it illegal to bribe officials of other countries. In the U.S, that law is the Foreign Corrupt Practices Act (FCPA). Employees with duties involving trade or travel outside of the U.S. must be familiar with this act.

South Africa also adopts this practice called Organisation for Economic Cooperation and Development (OECD) recommendations on reducing corruption. The OECD Recommendations on Combating Bribery, Bribe Solicitation and Extortion (2011) requires enterprises not to directly or indirectly, offer, promise, give or demand a bribe or other undue advantage to obtain or retain business or other improper advantage. Enterprises should also resist the solicitation of bribes and extortion.

These obligations are not different to the six guidelines used to create an adequate procedure against the UK Bribery Act prosecution. It’s important for South African businesses to initiate a robust anti-corruption programme to comply with and avoid the UK Bribery Act and Foreign Corrupt Practices Act prosecution. However, it’s clear that South African companies should be doing this in any event, to ensure compliance with the Companies Act.

By agreeing and committing not to be involved or implicated in any Act of Anti-Bribery or Corruption, Elliott Mobility undertakes to:
• 
Never engage in any form of bribery, either directly or through a third party.
• Never offer or make an improper payment, or authorise an improper payment (cash or otherwise) to any individual, including any local or foreign official anywhere in the world.
• Never attempt to entice an individual, or a local foreign official to act illegally or improperly.
• Never offer, or accept, money or anything of value, such as flights, kickbacks or commissions, about the procurement of business or the award of a contract.
• Never offer or give any gift or token of hospitality to any public employee or government official or representative if there is any expectation or implication for a return favour.
• Never accept any gift from any business partner if there is any suggestion that a return favour will be expected or implied.
• Never facilitate payments to obtain a level of service which one would not normally be entitled to.
• Never disregard or fail to report any indication of improper payments to the appropriate authorities.
• Neve entice or assist another individual to break any applicable law or regulation

Download FIDI anti-bribery and anti-corruption charter


FIDI Affiliated Branch

View our FIDI approval document.

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