CONTRACT CONDITIONS UPON WHICH PROPERTY IS REMOVED, PACKED, WAREHOUSED OR HANDLED BY BRITISH INTERNATIONAL REMOVALS.
This contract explains the rights, obligations and responsibilities of the customer and those of British International Removals. Use of the words "you" or "your" refers to the customer, and use of the words "we", "us" or "our/s" refers to British International Removals.
These conditions can only be changed by written agreement between you and a member of ours.
Liability for loss or damage is limited. Please pay special attention to clause 10. For this reason we have offered removal and storage insurance in our quotation. Insurance is a separate contract between you and the insurers, and the insurance conditions are separate from our conditions of contract.
1. OUR QUOTATION
Our quotation does not include insurance, customs duties, advalorem wharfage and any other fees paid to government departments. We may change the quotation if:-
- You do not accept it within 28 (twenty eight) days.
- You have caused any delay or postponement in our handling of the goods.
- Our costs increase because of change in the official rate of exchange between the currency of South Africa and foreign currency, taxation or freight charges and charges raised by an agent in a foreign country.
- Extra items to which these conditions apply are packed, removed and / or stored.
- We have to collect or deliver above a second floor unless we have agreed to do so in writing.
- We supply additional services upon your request.
- There are delays outside of our control.
- The stairs, lifts or doorways are inadequate for easy delivery, or the road or approach is unsuitable for our vehicles, UNLESS you advised us in writing of these problems before we prepared this quotation. In all these circumstances you agree to pay the extra charges.
2. ROUTE AND MODE OF TRANSPORT AND PACKING
- We have the full right to choose the route of delivery.
- Unless it has been specifically agreed by us in writing, we have the full right to choose the mode of packing.
- Unless it has been specifically agreed to in writing on our quotation, other space/volume/capacity on our vehicle and / or in shipping containers may be utilized for consignments of other customers.
- We have the full right to unload and reload your consignment from and into a vehicle and / or shipping container.
3. WORK NOT INCLUDED IN THE QUOTATION
Unless agreed to in writing we will not:-
- Dismantle or assemble any furniture or fitting or take down curtaining, with the exception of normal beds, which can easily dismantle using normal tools.
- Disconnect or reconnect appliances, fittings or equipment.
- Remove or lay fitted floor coverings.
- Move or store any items excluded under clause 6.
If work of this kind is done for you without our written agreement, we will not be liable for any loss or damage.
4. YOUR RESPONSIBILITY DURING REMOVALS
It will be your sole responsibility to:-
- Ensure that nothing is taken away in error or left behind.
- Obtain at your own expense all documents necessary for the move to be completed.
- Arrange for security of the consignment at the origin and destination points by being present yourself or by having someone represent you.
- Adequately prepare and stabilize appliances and equipment prior to their removal.
- Arrange and pay for any necessary parking facilities.
We will not be liable for any loss, damage or additional charges that may arise from any of these matters.
5. OWNERSHIP OF THE GOODS
By entering into this contract you warrant that:-
- The entire consignment to be moved is your own property.
- You have the authority of the owner of the property to enter into this contract in respect of the items 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.
6. WHAT IS EXCLUDED
The following items are specifically excluded from this contact and if they are moved by us we do not accept responsibility for loss or damage:-
- Jewellery, watches, trinkets, precious stones, money, deeds, securities, stamps, coins or items of collections of similar kind.
- Potentially dangerous, damaging or explosive items.
- Items likely to encourage vermin or other pests or to cause infestation.
- Liquids in partly used form and refrigerated / frozen food or drink.
- Any animals and their cages or tanks including pets, birds or fish.
- Pot plants, plants and flowers of any description and dried flower arrangements.
- Items of an abnormal nature (e.g. items which are too large or too heavy) which cannot be manhandled and / or carried out of or into a premises due to inadequate staircases, passages and / or doorways.
We are entitled to dispose (without notice) any items listed under 6(b), 6(c) and 6(d).
7. KEYS
Keys must be retained by you. Under no circumstances will we be liable for the loss of keys.
8. CANCELLATION OR POSTPONEMENT
If you cancel or postpone any work to be done by us we may charge to cover our expenses and / or loss of revenue.
9. PAYMENT OF OUR CHARGES
- Charges are payable by you in cash, bank cheque or bank guaranteed cheque.
- Charges are payable for:-
Direct removals - prior to commencement of the move.
Storage - in advance, on the first day of each calendar month.
Delivery from store - prior to delivery.
International removals - prior to commencement of packing and / or uplifting.
Any other services - before or upon rendering such service.
- For any amount remaining unpaid after the due date, we will be entitled to charge interest at 4% above the prime lending rate as determined by the South African Reserve Bank.
- We shall have a general lien upon any consignment in our possession covering all amounts due and / or expenses or liabilities incurred.
10. 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 of R30.00 (thirty Rand) per cubic meter 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 the replacement of the item. We shall not be liable for loss or damage resulting from:-
- Fire, burglary or floods, whilst goods are in store.
- Moths, vermin or similar infestation, cleaning, repairing or restoring (unless we did the work), war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, military coup, wear and tear, rust, leakage or evaporation due to atmospheric or climatic changes.
- Death, injury, sickness or disease arising from the removal or warehousing of any food, perishable items, frozen food or drink. Frozen goods are only moved at your risk.
- Discoloration from whatsoever cause.
- Consequential loss of any kind except as stated in clause 11 below.
- Items which are brittle or have an inherent defect, the mechanism in clockwork, electronic or motor-driven goods (unless there are outward and visible signs of impact damages), sensitive equipment of furniture that is dismantled and / or re-assembled and any items which is not suitable for transportation.
- Loss or damage to goods packed by you.
- Items left inside cupboards or other furniture.
- Deterioration of food or plants.
- Items received from a third party.
- Difficult access to or from the destination premises.
- Items left in a freezer or refrigerator.
- Keys left in items of furniture.
11. DELAY 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 R250.00 (two hundred and fifty Rand). If through no fault of ours we are unable to deliver your consignment, we will move the consignment into store at which time the contract will then be fulfilled and any additional service(s), including storage and redelivery will be for your account.
12. DAMAGE TO PREMISES
If we damage your premises, you must make a note to this effect on our worksheet and confirm this in writing to us by registered mail within 3 (three) days. The time limit is essential and our liability for damage is limited to R500.00 (five hundred Rand). We may arrange to have any damages repaired ourselves and we must by given the opportunity to do so.
13. TIME LIMIT 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, claim notification is given to us in writing at the time of collection.
- For any other circumstances, written claims notification is received by us within 3 (three) days of delivery of your consignment at its destination.
In both cases time limits are essential to the contract.
14. OUR RIGHTS TO HOLD GOODS
We have a legal right to withhold or ultimately dispose of some or all of the goods until you have paid all our charges and other payments due under this contract. These include any charges, which 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 and these terms and conditions will continue to apply.
15. OUR RIGHT TO SELL GOODS WITHOUT NOTICE TO YOU OR ANYONE ELSE
On giving you 28 (twenty eight) days notice, sent by registered mail to your forwarding address (refer clause 20), 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 do so, we are entitled to dispose of some or all of the goods without prior notice. The cost of the sale or disposal will be charges to you. The net proceeds will be credited to your account and any eventual surplus will be paid to you without interest.
16. DISPUTES
You may not defer payment to us or set off any amount due to us in the event of a claim or dispute.
17. CLAIMS AGAINST US BY THIRD PARTIES (PEOPLE OTHER THAN YOU OR US)
You will have to pay any charges, expenses, damages or penalties claimed against us in respect of the services provided by us for you and in respect of your consignment by a third party unless you are able to 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.
18. OUR RIGHT TO SUB-CONTRACT THE WORK
- We may sub-contract some or all of the work to any other organization of our choice.
- If we sub-contract, this contract will still apply to you and us. You agree to the terms set forth in the Bill of Lading, consignment notes and any such documentation issued by other carriers or organizations involved in the removal and nominated by us, and these conditions form part of this contract. If no such conditions are in existence then our liability will be as set out in clause 10.
19. WHERE THE LAW APPLIES
This contract is entered into in the city or town from which the contract originated and is subject to the laws of the country in which this contract is drawn up.
20. YOUR FORWARDING ADDRESS
You must provide a forwarding address and notify us in writing of any changes. All correspondence and notices will be considered to have been received 10 (ten) days after posting to the last forwarding address supplied to us by you. If no forwarding address is supplied, then notices will be sent to the last known address.
21. GENERAL INVENTORY LIST / RECEIPT
If a list of items packed, moved, shipped, handled and / or stored by us or receipt for them is provided by us, it will be final unless you write to us with 7 (seven) days and specify any changes. You may not make a claim for any item not on the list or receipt.
22. PAYMENT OF STORAGE CHARGES
All charges, including removal charges, must be paid before release by us of any items from store.
23. REVISION OF STORAGE CHARGES
Our storage rates are revised annually in January of each year. The annual increment amounts to approximately 10 (ten) %.
24. STORAGE CONTRACT
- The minimum charge for any period will be for one calendar month.
- Storage is charged on a calendar month basis and, if a consignment is released before the 15 th day of any calendar month, we may, at our discretion, charge only half of the full charge due to us for that particular calendar month.
- If you wish to end this contract you should provide us with at least 15 (fifteen) working days notice. If we are in a position to release the consignment earlier we will do so. Charges for storage are payable until the date when the notice would have ended.
- If you make your own arrangements to collect the consignment, we will raise a charge for handling out of store to cover the work done by us.
- All charges due to us must be paid in full before the consignment or any part of the consignment may be released from our store.
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) full calendar months notice.
26. HANDLING OUT CHARGES
If you choose someone else 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.
27. INSURANCE
You are strongly advised to insure your consignment for its full replacement value at destination. We may arrange insurance coverage through our insurance company or transporters, on your behalf but only on receipt of a completed insurance valuation form prior to our commencement of the work. The insurance cover is not effective until the completed insurance valuation form is in our possession and until the premium has been paid to us. Whilst we reserve the right to charge an insurance handling fee, any such insurance arranged by us will constitute a separate contract between you and the insurance company. Certain terms, conditions and excesses apply to all insurances. Insurance arranged by us is done in terms of institute cargo clauses B, unless otherwise specified. The full conditions are available upon request. |