Terms and Conditions of Carriage
CX TRANSPORT AND MOVERS (PTY) LTD
- Definitions
1 “Company” refers to CX Transport and Movers (Pty) Ltd, including its owners, directors, management, employees, agents, and subcontractors.
1.2 “Customer” refers to the person(s) or entity(ies) engaging the Company for transportation or moving services.
1.3 “Goods” refers to any items, property, or cargo being transported or handled by the Company on behalf of the Customer.
1.4 “Services” refer to all transportation, moving, handling, and associated activities provided by the Company.
1.5 “Consequential Loss” refers to any indirect, incidental, or resulting damages, including but not limited to loss of profit, revenue, business, goodwill, or any other financial loss. - No Liability for Loss or Damage
1 The Company shall not be held liable for any loss, damage, or destruction of Goods while in transit, loading, unloading, storage, or handling, regardless of the cause, including but not limited to negligence, theft, fire, accidents, force majeure, or third-party acts.
2.2 The Customer acknowledges that all Goods are transported and handled entirely at their own risk. It is the Customer’s responsibility to insure the Goods against any risk of loss or damage.
2.3 The Company does not accept responsibility for loss or damage due to insufficient packaging, fragile items, hidden defects, wear and tear, or improper loading not performed by the Company. - Delays, Breakdowns, and Consequential Loss
1 The Company does not guarantee delivery or completion times and shall not be liable for any delays due to traffic, weather, breakdowns, mechanical failure, strikes, government restrictions, or any other circumstances beyond its control.
3.2 The Company shall not be liable for any Consequential Loss suffered by the Customer due to delays, cancellations, or failure to deliver as scheduled.
3.3 In the event of a vehicle breakdown, the Company will use reasonable efforts to arrange alternative transport; however, this is not guaranteed. - Customer’s Responsibility
1 The Customer warrants that they have full ownership or authorization to transport the Goods and that such transportation does not violate any laws.
4.2 The Customer is responsible for ensuring that all Goods are properly packed, labeled, and prepared for transport.
4.3 The Customer shall provide accurate information regarding the nature, value, and handling requirements of the Goods. The Company shall not be responsible for any loss arising from incorrect or incomplete information.
4.4 The Customer shall ensure that the premises for collection and delivery are accessible and safe for the Company’s personnel and equipment. - Insurance
1 The Company does not provide insurance coverage for Goods. It is the Customer’s responsibility to obtain adequate insurance against loss, damage, or delay.
5.2 If the Customer requests the Company to assist in arranging insurance, this will be subject to separate terms, and the Company shall not be liable for any failure of the insurer to honor claims. - Indemnity
1 The Customer agrees to indemnify and hold the Company harmless against all claims, liabilities, damages, costs, and expenses arising from the transportation or handling of the Goods, except in cases of proven willful misconduct by the Company.
6.2 The Customer shall indemnify the Company against any claims from third parties resulting from the transportation, handling, or storage of the Goods. - Right to Refuse Transport
1 The Company reserves the right to refuse the transportation of any Goods that are hazardous, illegal, dangerous, or deemed unsuitable at the sole discretion of the Company.
7.2 The Company may refuse to transport Goods if the Customer has not complied with these Terms and Conditions. - Storage and Abandoned Goods
1 If the Goods are not collected or delivered due to the Customer’s fault, the Company may store them at the Customer’s expense and risk.
8.2 If the Goods remain unclaimed for more than 30 days, the Company reserves the right to dispose of them as it sees fit, and the Customer shall remain liable for all storage and disposal costs. - Force Majeure
1 The Company shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, government regulations, or industrial action. - Dispute Resolution
1 Any dispute arising from these Terms and Conditions shall first be resolved through negotiation. If unresolved, the dispute may be referred to mediation or arbitration under applicable laws. - Governing Law
1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company operates.
11.2 Any legal action or proceeding shall be brought exclusively in the courts of competent jurisdiction in the Company’s operating area. - Acceptance of Terms
1 By engaging the Company for its Services, the Customer acknowledges and agrees to these Terms and Conditions.
12.2 No variation or amendment to these Terms shall be valid unless agreed to in writing by an authorized representative of the Company.