In these standard terms and conditions, the following words shall bear the following meanings unless otherwise stated or appears from the context:
1.1 ‘customer’ or ‘client’ or ‘you’ or ‘your’ means the customer to whom transport services are rendered;
1.2 ‘dangerous goods’ means goods declared or considered by any legislation or authority to be dangerous, or which in our sole opinion are dangerous;
1.3 CarMove or ‘we’ or ‘us’ means CarMove Auto Transport,
1.4 ‘goods’ means goods (vehicles) transported on behalf of the customer from time to time;
1.5 ‘transport services’ means the transport of goods by road and includes the handling, storage, loading and unloading of goods.
2. Transport services
The transport services rendered by us to you from time to time will be subject to these standard terms and conditions and any documents in writing by us from time and time only. We shall not be bound by any terms conditions and stipulations imposed by you in any order forms, instructions or other documents issued by you.
You will be bound to any order form and instruction, whether in writing or not, in respect of transport services and we shall be entitled to act thereon. It shall not be a defence in your favour that the person/s issuing such order or instruction was not authorized or entitled to do so.
4. Tariffs and fees
4.1 Our fees and charges for transport services will be as quoted to you when a particular vehicle is transported. If there is no such quote, our standard tariffs and fees from time to time will be applicable (which may be obtained from us on request).
4.2 We will render – 2 weekly – statements of account to you at your postal address provided to us. Statements will be payable within 7 days of date of statement.
4.3 If the total amount, inclusive of interest, owing by you to us at any time exceeds the amount of credit approved for you from time to time we will not be obliged to render any further transport services to you and all amounts owing by you to us will be due and payable without further notice.
4.4 The tariffs and fees charged by us for transport services will be calculated upon the shortest route possible. If for any reason we must deviate from such route for any reason whatsoever, for instance (but not limited to) adverse weather conditions, road closures- or detours or requirements of any authority, we shall be entitled to levy additional tariffs and fees for additional distances travelled as a result thereof.
4.5 The tariffs and fees charged by us for transport service are furthermore calculated thereon that our procedures and requirements for transport services are followed. Should there be any deviation from these procedures and requirements (for instance by reason of specific circumstances when loading or off-loading the goods (vehicles), we shall be entitled to levy additional tariffs and fees in respect thereof upon notice to you.
4.6 If the client/owner makes use of CarMove service on/over a weekend ie. Saturday or Sunday an additional R250 will be charged.
4.7 Cancellations and refunds
4.7.1 If the client cancels the booking before the driver is dispatched, CarMove will consider a 50% refund.
4.7.2 If the client cancels the booking after the driver is dispatched, CarMove will consider a 25 % refund
4.7.3 CarMove Auto Transport reserves the right to refuse any refunds
5. Licenses and permits
If any licenses and permits are required for the transport of particular goods (vehicles) we will not transport the goods unless such licenses and permits have been obtained / issued by the client.
6.1 Goods will refer to an actual vehicle
6.2 We will not be obliged to transport any dangerous goods.
6.3 If we are unable to deliver a vehicle for any reason whatsoever you will be notified and we will require you to furnish us with instructions. If you do not furnish us with timeous instructions you will be liable for our costs and expense, in addition to any additional tariffs and fees that we may levy.
6.4 We shall not be obliged to transport any illegal goods, or goods unlawfully obtained. If, in our sole discretion, goods are illegal or unlawfully obtained we may refuse to transport such goods and will not be liable to you in any manner whatsoever.
7. Procedure and requirements
7.1 You must ensure that:
7.1.1 the goods are ready for collection at the appointed time and place;
7.1.2 all documentation required for the transport of the goods (vehicles) are prepared and correct;
7.1.3 the premises for the loading and unloading of goods (vehicles) are safe and suitable;
7.1.4 the goods (vehicles) are in a roadworthy condition for transport and have a full tank of fuel;
7.1.5 the goods conform with our specifications prescribed when accepting the instructions for the transport services, as to the nature, dimensions, engine size and fuel type thereof;
7.1.6 the goods conform with your order or instructions, when requiring us to render the transport services, as to the nature, dimensions, engine size and fuel type thereof; failing which we shall not be obliged to provide transport services and/or shall not be liable for any delay in, or failure to provide, the transport services.
8. Insurance and risk
8.1 For an additional R280.00 Ex Vat, we shall insure the vehicle against damage arising from accidental damage rendering of the transport services only.
8.2 Subject to the aforegoing, the risk in and to the goods remain with you solely and shall be carried at your risk. You must insure the goods comprehensively against any other risk including any insurance that may be required as a result of special nature of any goods.
8.3 Should, as a result of the special nature of any goods, our insurers fail or refuse the goods against risk arising from the rendering of the transport service, we shall notify you and you will be liable to insure the goods, at no cost to us, against risks arising from the rendering of the transport services. In the absence of such insurance, or proof to our reasonable satisfaction that such insurance has been effected, we shall not be obliged to render the transport services.
8.4 Insurance Excess:
In the event of any claims against our insurance, CarMove will not be liable for the excess (Minimum of R3000.00 or 10% of the retail value of the vehicle). Vehicles are covered up to a value of R250 000.00.
8.5 All vehicles transported are comprehensively insured at market value up to a maximum value of R250 000. You may wish to in terms of any damages, claim against our policy in which case our excesses will apply (see Terms and Conditions) or claim against your own private insurance in which case your private insurances excesses will apply to you. In the event that your vehicles market value is more than covered by our insurance, you will need to ensure that your vehicle is properly and comprehensively insured.
8.6 The client can choose to not make use of our insurance in which case :
The indemnity paragraph needs to be read and ticked:
With this action the client chooses to have his / her vehicle insured privately and thereby accepting his / her own insurance terms and conditions and will not have any claim of any sorts against us.
8.7 Indemnity clause: see point 11 below
8.8 Loss and theft of personal property.
CarMove AT will not be held liable for the loss and / or theft of personal possessions left in the vehicle.
The client must bring to the attention of the driver any specific items of value that will remain in the vehicle during transport and has to ensure both the client and driver signs for same on collection and delivery.
8.9 CarMove will not be held liable for any mechanical breakdowns, tyre damages or defects either during or after rendering of the service nor be required to inspect the vehicle for same upon collection.
We shall not be liable for any storage charges. Should any charges be incurred by us you agree to pay these to us on demand.
We shall be entitled to employ sub-contractors or agents for the rendering of the transport services in our discretion.
The client is choosing out of free will to not make use of CarMove Auto Transport’s insurance and is choosing to have their vehicle covered by own insurance.
Both parties jointly and severally enter into this Indemnity Agreement to hold each other harmless from any suit, liability, claim, action or loss arising out of any damages that occur during any period to the clients vehicle while in the possession of CarMove Auto Transport.
You indemnify and hold us harmless against any loss, damage, costs or claim made or alleged by any third parties, including your employees,
representatives and customers, as a result of the rendering of the transport services.
12. Consent to jurisdiction and costs
You consent to the jurisdiction of the Magistrates’ Court in respect of any legal proceeding arising from the transport services and/or any amount owing to us in respect thereof. Notwithstanding such consent we may institute action in any High Court in which event you will be liable for costs on the tariff prescribed for High Court matters. You will be liable for costs on an attorney and – client scale in respect of any legal proceedings instituted against you.
13. Quote Validity
The quote will remain valid for a period of 14 days from date of written quote.