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TERMS & CONDITIONS
1. Definitions
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 MBM Auto Car Movers or ‘we’ or ‘us’ means MBM Auto Car Movers;
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.
3. Authority
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 & 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 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-
4.3 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-
4.4.1 If the client cancels the booking before the driver is dispatched, MBM Auto Car Movers will consider a 50% refund.
4.4.2 If the client cancels the booking after the driver is dispatched, MBM Auto Car Movers will consider a 20 % refund.
4.4.3 MBM Auto Car Movers reserves the right to refuse any refunds.
5. Licenses & 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. Goods
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 & 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.
8. Storage
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.
9. Indemnity
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 MBM Auto Car Movers.
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.
10. Consent To Jurisdiction & 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.
11. Quote Validity
The quote will remain valid for a period of 14 days from date of written quote.