Terms and conditions
OUR CONDITIONS OF CONTRACT FOR REMOVING, PACKING, WAREHOUSED, STORING OR HANDLING PROPERTY by Elliott Mobility (Pty) Ltd
- We”, “us” or “our/s” means Elliott Mobility(Pty) Ltd. Registration Number 91/00704/07.
- “You” or “your” means the customer.
- This contract explains the rights, duties and responsibilities of both the customer and Elliott Mobility (Pty) Ltd.
- 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.
- 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.
- Because our liability for these risks is limited, we offer insurance in our quotation against loss or damage of items being removed or stored.
- Insurance is a separate contract between you and the insurance company and those conditions of insurance are separated from these conditions.
- OUR QUOTATION
- 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.
- 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.
- 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.
- We will charge additional fees unless you informed us in writing, before we sent you the quote: –
- 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.
- WORK NOT INCLUDED
(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 agreement or permission.
- ROUTE, 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 agreed to something specific in writhing.
- 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.
- YOUR RESPONSIBILITIES
- 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 items delivered to us by someone else on your behalf; and
- arrange adequate and convenient access to the items to be moved such as gate access and/or house/office keys.
- 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.
- OWNERSHIP OF THE GOODS (ITEMS)
- 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/item 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.
- You assure/warrant/promise that: –
- WHAT IS EXCLUDED FROM THIS CONTRACT
- 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.
- This contract also specifically excludes any of the following items, which we may throw away, discard or destroy without informing you: –
- This contract specifically excludes any: –
- any potentially dangerous, damaging or explosive items;
- any items 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.
- CANCELLATION OR POSTPONEMENT OF MOVE
- We may charge a reasonable deposit for any advanced booking of our services.
- 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.
- 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.
- PAYMENT OF OUR CHARGES
- Payment of charges can be made by way of EFT or Credit Card.
- 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 preforming such services.
- For any amount that remains unpaid after due date, we may charge interest on it at the rate of 4% above Standard Bank’s prime bank rates.
- We shall have a general lien (claim) over any item/ or 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.
- 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.
- OUR LIABILITY FOR LOSS OR DAMAGE
- We are liable for the loss, damage and/or failure to deliver your items/goods, in Terms of Section 51 (3) read with Section 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 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 R300.00 (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,
- 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 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).
- 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 clock, electronic or;
- motor-driven item (unless there are 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 freezer or fridge;
- keys left in furniture;
- items delivered to or from an auctioneer, auction room, communal (shared) storage area or other similar business;
- items received by or from some else.
- 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.
- DELAYS IN TRANSIT
- 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,
- 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,
- You shall be liable for the extra storage and delivery costs resulting from the delay as set out in (b) above.
- DAMAGE TO PROPERTY
- If we damage your premises, you must take note of this and record the alleged damage on our worksheet provided,
- The damage to the premises must be confirmed in writing by us by registered post within 7 (seven) days of the goods being delivered,
- We may arrange to have any damage repaired ourselves and must be given the chance to do so,
- Our liability for for the damage to the premises is limited to R 5 000 (Five Thousand Rand).
- 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 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.
- OUR RIGHT TO HOLD GOODS AS SECURITY FOR PAYMENT
- We have a right to keep and eventually sell or dispose of 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.
- 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.
- We shall not release items/goods until charges have been paid.
- OUR RIGHT TO SELL THE GOODS WITHOUT ANY NOTICE TO YOU OR ANYONE ELSE
- 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.
- You shell be legally responsible for the cost of selling/disposing of your items/goods.
- We shall pay you the balance of any monies left over (should there be any) after all monies owed to us have been deducted.
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.
- CLAIMS AGAINST US BY THIRD PARTIES (PEOPLE OHTER THAN YOU AND US)
- Claims by a third party include parking charges that we may have to pay in order to provide our service to you,
- 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.
- 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 will 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.
- THE LAW APPLING TO THE CONTRACT
- This contract will be regarded as having been entered into in the city or town where the items/goods are collected from;
- 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.
- YOUR FORWARDING ADDRESS
- You must provide us with a forwarding address and must notify us, in writing, within 5 (five) days of the address changing.
- All written communication and notices will be considered to have 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.
- LIST OF GOODS OR RECEIPT (INVENTORY)
- 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.
- You may not make a claim for any items/goods that are not on the list/receipt given to you by us.
- PAYMENT OF STORAGE CHARGES
All charges including removal charges must be paid before release by us of any item from store.
- REVISION OF STORAGE CHARGES
We review our storage charges periodically. You will be given 28 (twenty eight) days notice of any increased.
- 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 cost owing for that particular month.
- If you wish to end the storage contract, you must do so by giving us 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 if the items/goods to or from our storage warehouse, then we shall charge you for any work done in handling the items/goods.
- IF WE WISH TO END THE STORAGE CONTRACT
If your payments are up to date, we will not end this contract , except by only give you at least 3 (three) calendar month’s notice.
- 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 Clause 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.
You are strongly advised to insure your consignment against all insurance 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.
- 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;
You 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. You 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 secured manner and processed in terms of South African law and for the purpose you have authorised. You 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 you 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.
- BRIBERY AND CORRUPTION CHARTER
The Elliott Group’s fundamental values are integrity, transparency and accountability; based on these values the Elliott Group has a longstanding 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
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