Super Car Carriers Professional Closed and Open Car Transporter
Standard Terms & Conditions of Carriage of Vehicles by Road
In these conditions the following words and/or terms bear the meaning ascribed herein:
- “Carriers” means Super Car Carriers and includes the Carrier’s servants and agents and any person or persons carrying any goods forming the subject matter of this contract under and in terms of a subcontract with carrier.
- “Consignor” means the owner of the vehicle/s or the person having lawful title to the vehicle/s or possession thereof and the duly authorised agent of the consignor.
- “Consignment” means the goods forming the subject matter of this agreement, being motor vehicles transported individually under such vehicle’s own power, towed or whether carried.
- “Consignee” means the person to whom or in the event of no name being given to the consignor, the address at which the vehicle/s are to be delivered. In the absence of the person named by the consignor as the consignee and having the appearance of being a person authorised by the consignor or the consignee to accept delivery on behalf of the consignee.
No Variation of Conditions
It is hereby agreed that any consignment carried is accepted subject to the conditions contained in this agreement and no variation of this agreement will be of any force or effect unless reduced to writing and signed by the parties. The terms hereof shall have preference over any other agreement, or terms of carriage, which may be the subject matter of any prior, or subsequent document entered into between the carrier and the consignor.
Exclusion of Common Law Liability
We also refer to the Super Car Carriers “Liability Conditions and Exclusions”.
Quotations and Additional Costs
Transportations, Clearing, Storage and towing rates issued by the carrier to the consignor is generally governed under current scale of wages, railway or shipping rates and subject to annual review in line with operational and administration cost increases. Unless specified to the contrary in writing, quotations exclude customs duties, taxes, final clearing charges, towing and fines.
Increase of Quotations
- In the event of the carrier being obliged to incur reasonable additional costs in the execution of its obligation in that it has to purchase and / or hire additional services, equipment or materials, including licences or permits, to enable the carrier to deliver a consignment, with or without prior notification to the consignor, then in such event the consignor agrees that it will be liable for such additional costs not initially quoted on and which amounts will be invoiced to the consignor along with the initially quoted charge. The Carrier will be entitled to recover the additional charges incurred in this matter.
- The Carrier will furthermore be entitled to increase the remuneration specified in the quotation in the event of the consignor altering the quantity of the consignment to be carried in proportion to such increase / or decrease.
- In the event of the Carrier being obliged to deviate from the route selected by it, or to carry the consignment over another route, for any reason necessitating such detour, including but not limited to the following: adverse weather conditions, impassable or dangerous roads, bridges, pontoons and ferries, the carrier will be entitled to charge an additional sum over and above the quoted amount as a result of extra distance travelled including but not limited to tolls, liability cover or charges levied by lawful authorities.
- The consignor or consignee will be liable for storage charges and/or fines incurred by the carrier or its agent in respect of the safekeeping of the consignment at any border post or other area nominated by the Carrier which amount will be payable upon collection / delivery of the consignment against the Carrier’s invoice.
Payment of Carrier’s Remuneration
Unless specially agreed upon parties, the Carrier’s remuneration will be payable in accordance with terms as set out by the Carrier’s Financial Controller at the time of the movement.
- The Carrier shall have a lien over all consignments carried and in the event of non-payment of any portion of monies due by the consignor to the Carrier determined by the Financial Controller. The Carrier’s lien shall come in existence as soon as the carrier takes possession and control of the consignor’s goods and the lien will persist until all amounts owing to the Carrier from time to time have been paid in full, whether or not the costs relate to the goods in the Carrier’s possession at the time. It is specifically agreed that all goods in the Carrier’s possession shall serve as security for payment of all and any amounts that may owe by the consignor to the Carrier. The Carrier’s lien shall further endure until such a time that all amounts have been paid and the lien shall not lapse as a result of delivery of any goods to a consignee. The Carrier shall be entitled to retrieve the goods from the consignee in the event of the consignor defaulting on any payment obligations to the Carrier.
- If the consignor does not affect payment of any amounts owing to the Carrier, the Carrier shall in addition to its lien, specified in clause 7.1 above, be entitled to charge the consigner storage in respect of all goods in the Carrier’s possession, forming part of the Carrier’s lien, which storage charges shall be market related and be calculated on a day to day basis.
Release of Obligations
In the event that the Carrier is unaware of the delivery address of the consignee or the address on the application is not correct, the Carrier will be released from all liability whatsoever in respect of the consignment. The Carrier shall be entitled to deliver the goods to the address of the consignee specified on the particular delivery documentation, alternatively the Carrier shall be entitled to deliver the goods and leave same at the closest branch of the South African Police Services, or Police Authorities should the consignment to have been delivered outside the Border of the Republic of South Africa.
Condition of Consignment at Time of Delivery to Carrier:
The condition of the vehicle shall be deemed to be that as stated on the condition report at time of collection / delivery and this document shall be prima facie proof of the contents and condition of any vehicle at the time of delivery, loading / collection with a photo of the vehicle. On acceptance of the condition report by the consignors duly authorised representative, shall be deemed that the vehicle was collected / delivered in an undamaged condition and the consignor shall bear the burden of proving the contrary.
Liability for Damage to or Loss of Goods:
The Carrier will ensure appropriate Liability Cover for the consignment on the consignors’ behalf against damage to, or loss of any goods, subject to the further terms and conditions.
- Liability of the Carrier in respect of any claim arising out of loss or damage to a delivered consignment; however such loss or damage may arise may not exceed the consignors invoiced value.
- The Carrier excludes liability in circumstances where any damage to or loss of any consignment is occasioned as a result of a patent or latent defect in the vehicle.
- Any remuneration awarded by the Carrier or its Insurer / Liability Cover Provider or Agent in terms of the SCC Claims Procedure arising as a result of damage or loss to any consignment shall be payable in the Currency and Country where the liability cover was required.
- The Carrier shall take out Liability Cover over the goods at the consignor’s invoice value. Liability Cover will be regarded as the “Dealer Billing Price” of the vehicle. In the event of a claim arising out of loss or damage to a consignment the consigner and / or consignee shall be obliged to accept the remuneration offered by the Insurer and / or Liability Cover Provider or its agent in full and final settlement of damages or loss suffered without further liability by the carrier.
- All claims will strictly be handled in accordance of the Carriers’ Claims Procedure of which a copy is available on request.
- A levy of R 500.00 will be charged for any non-runner vehicle transported or stored by the Carrier and the Carrier reserve the right to employ, if necessary the services of an outside Towing Contractor at the consignors expense as to assist in the further delivery of the non-runner vehicle.
- Should a vehicle be delivered to any Border on instruction of the consignor and if Liability Cover was taken out, the liability cover will lapse immediately on the signoff of the vehicle by the consignor, consignee or its agent.
- The Carrier will not be liable for any loss and / or damages to any consignment with Liability Cover after 36 hours of being off loaded at any Border post for Customs clearing and/ or inspection purposes. The Liability Cover will resume in accordance with the terms of the Liability Cover Provider once the consignment is returned to the Carrier’s custody for the duration to its final destination and Liability Cover will lapse immediately upon handover against a signed Proof of Delivery Document presented by the Carrier to the consignee or it’s Agent.
Should the consignor opt to make use of his own insurance in respect of the specific goods, such goods shall be carried at the consignor’s Exclusive Risk and the Carrier shall not be liable for any damages and / or losses sustained by the consignor whilst the goods are in custody of the Carrier, whether it is being stored, driven under its own power, or being transported on the Carriers vehicle transporter. Proof of insurance will be required.
- The Carrier shall be advised by the consignor / consignee of any damages within a period of 12 hours from the date of delivery of the consignment and such damages shall be recorded on the Proof of Delivery document presented to the consignee or its nominated Agent at the time of delivery.
- In the event of the Carrier disclaiming liability in respect of any claim, any action or suit for review must be instituted within 3 months of said disclaimer.
- NOTE: Should the consignor not institute action within a three-month period, the consigner shall not be entitled to proceed for the recovery of any amounts the Carriers in respect of the specific load and shall have no claim in respect of any alleged damages under any circumstances whatsoever.
- The Carrier will not accept liability for any personal effects and loose articles placed in the vehicle for transportation.
- The Carrier will not accept liability for mechanical failures and electrical defects that a consignment may encounter whilst driven under own power on to or off the car transporter. The onus rests upon the consignor to ensure sufficient fluid levels in respect of consignment whether it is consigned to own power delivery or carried prior to handover to the Carrier and the Carrier is exempt from liability of any claim loss or damage arising there from. The consigner have to ensure that the vehicle is in a clean condition before collection of the vehicle and ensure that the vehicle is fit for transportation. Any defects that is on the vehicle has to be pointed out to the Carrier or its representative before handing the vehicle over to the Carrier.
The consignment may be carried via any route at the sole discretion of the Carrier. It is recorded that the Carrier use predetermined routes and that all quotations are prepared in accordance with these standard routes. Should the Carriers however deviate from the route as a result of circumstances beyond its control, in its sole discretion, the Carriers shall be entitled to reasonable additional remuneration and expenses incurred as a result of the deviation, which the consignor agrees to pay immediately on presentation of an Invoice by the Carrier.
Limitation of Carrier’s Liability Resulting from Incorrect Address of Consignee or Failure of consignee to take Delivery of the consignment.
The onus is upon the consignee to supply full delivery details to the Carrier in terms of its administration requirements. The Carrier will not be responsible for any loss or damage in respect of incorrect delivery of the consignment due to incomplete or incorrect delivery details being supplied to the Carrier and, in the absence of gross negligence, the Carrier will not be liable for any loss or damage incurred as a result of the consignee, or his duly authorised agent, not being present to receive the consignment.
Limitation of Carrier’s Liability in Relation to Time of Delivery
The Carrier will deliver the consignment in terms of the times and dates of delivery as specified on the delivery documentation provided. The Carrier will not be liable for any delays in delivery of the consignment, including by, not limited to the detention thereof by any Border post authority or Traffic authority, carried or for any loss, damage or detention arising there from if the Carrier’s inability to deliver as a result of circumstances beyond its control.
Storage Charges on Failure by Consignor or Consignee to take Delivery
The Carrier will be entitled to charge the consignor storage charges at a reasonable rate (it will be presumed that the Carrier’s charges are reasonable until the contrary is proved by the consignor) in respect of any period during which the Carrier is obliged to store the goods carried by reason of the failure of the consignor or the consignee to take delivery thereof, when tendered by the Carrier or in the event of the Carrier being unable to deliver the said consignment due to the fault of the consignor or consignee.
Special Limitation of the Carrier’s Liability
Notwithstanding the terms of this agreement, the Carrier will not be liable for:
- The loss of a particular market;
- Indirect or consequential damages;
- Loss of value of vehicle after repairs and
- Loss or damage arising from riots, civil commotion, strikes, lockouts or stoppage of work from whatever cause, whether partial or general.
- Glass cover including windscreens and Stone chips damages to any part of the vehicle is EXCLUDED from the Carrier’s Liability Cover. NO glass and stone chip claims will be entertained by the Carrier Liability Cover Providers.
- The Carrier or its Liability Cover Provider reserve the right to decline on liability Cover for Exotic / Vintage type of vehicles which decision will be at the sole discretion of the Liability Cover Provider.
Liability Cover and Exclusions
- All quotes include cover of R 1.5 million per load by Goods in Transit (GIT) insurance.
- GIT Cover includes Fire, Collision, Overturning, Theft following and Hijack.
- GIT Cover excludes damage to Windscreens, glass, hail, scratches, stone chips, mechanical and electrical fault claims.
- Excess: Non hijack - 10% of claim, minimum R 10 000.00 (ten thousand rand)
- Hijack / theft – 20% of claim, minimum R 15 000.00 (fifteen thousand rand) per vehicle per GIT claim is payable by the client per vehicle whilst in transit following loss/damage of any nature as described below.
- Loose items in the vehicles are left at own risk and are not covered by insurance.
- Super Car Carriers will not be held liable for the loss of any loose items/goods/parts/luggage/tools etc left in the vehicle/s.
- Super Car Carriers will not accept liability for mechanical failures and electrical defects that may arise or encounter whilst driven under own power on to or off the car transporter. The onus rests upon the client to ensure sufficient fluid levels are in the vehicle being transported.
- Super Car Carriers shall not be liable for any claim of whatsoever nature (whether in contract or in delict) not covered by the aforementioned GIT Cover and/or in respect of which the GIT Cover claim was repudiated and whether for damages or otherwise , howsoever arising unless such claims arises from a grossly negligent act or grossly negligent omission on the part of Super Car Carriers or its servants; and if such claims arises at a time when the vehicle in question are in the actual custody of Super Car Carriers and under its actual control. Notwithstanding anything to the contrary contained in these trading terms and conditions, Super Car Carriers will not be liable for any indirect and consequential loss arising from ant act or omission or statement by the Super Car Carriers, it’s agents, servants or nominees, whether negligent or otherwise.
Where any consignment is consigned to any place beyond the limit of the Carrier’s usual delivery radius, the Carrier will (at all times & for whatever reason) have the power and authority at its discretion, to employ another carrier on the consignor’s behalf and at the consignor’s expenses in order to ensure the carriage of the consignment to the address of the consignee, whether such carriage be effected by road or by whatever means. In the event of such power being exercised, the Carrier will be entitled to agree to, and to accept any conditions of carriage imposed by any other and the consignor will be deemed to have had knowledge of, and to have accepted, any such conditions of carriage, provided that the Carrier’s liability as defined herein will in no way be extended by any such conditions of carriage.
Domicilium Citiandi Et Executandi
The consignor hereby appoints the address a given on the credit application as its domicilium citandi et executandi. The consignor may change its elected address as contemplated herein by giving the carrier written notice of its new address.
Presumption as to Notices
Any notice required to be given by the carrier or the consignor will be deemed to have been validly given if posted to the domicilium citandi et executandi of the consignor and will be deemed to have been received by the consignor within 5 (five) days of the date of posting.
South African Laws
In the event of any dispute arising out of this agreement or terms hereof, or the interpretation of the agreement, the laws of the South Africa shall apply.
The parties consent to the jurisdiction of the Magistrate Court in respect of any legal action which either of the parties may institute against the other, provided that such consent shall not be construed as excluding the right of either to pursue legal action in the Supreme Court of South Africa. Should either party institute action against the other, the successful party shall be entitled to recover all costs incurred on the scale of fees as between attorney and client.
- A copy of the vehicle registration document must accompany the booking document and proof of payment.
- Estimate of transport are valid for 14 days. All estimates shall be subject to the terms and conditions as provided.
- Vehicles will be transported in the closed carriers or open carrier as indicated on booking document.
- Payments are strictly in advance. A minimum deposit of 50% must be paid soonest after the estimate was issued to ensure the vehicle is booked for the agreed departure date. Bookings are subject to availability at time of payment. Failure to do so will result in a first come first serve basis and the collection/delivery date will not be guaranteed. The balance of the estimate must be paid at least 24hours prior to departure, failing which the vehicle will not be transported.
- All payments are to be made in full by means of electronic funds transfer into the account nominated on the documentation. Proof of payment must be emailed to email@example.com. Payment shall only be deemed to have been received once it reflects in the nominated account.
- Due to limitations of suburban roads which include, but not limited to, Estates, Townhouse complexes, narrow streets, Shopping Centres, low growing trees, door-to-door services are not always possible. Super Car Carriers will arrange to meet at the nearest safe area for collection and delivery.
Cancellation fee of R 2,000.00 for cancellation of booking within three days before loading as signed and agreed upon beforehand. Cancellation of booking within 24 hours before loading or upon arrival to load the Full Invoice is payable as signed and agreed upon.