Terms and Conditions
Terms and Conditions of Trade
These terms and conditions set out the terms applicable to any services performed for a customer by Consolidated Transport and Rigging CC.
▪ (a)Customer means the party requesting the provision of the Services and any party acting on its behalf.
▪ (b)Plant means all plant, equipment and machinery provided or made available to or for the purposes of the Customer, including all trucks, trailers, forklifts, cranes, lifting, jacking and skating equipment and elevating work platforms.
▪ (c)Services means all services provided by CTR pursuant to these Terms, including the hire and transport of plant, machinery, structural steel, over dimension and/or overweight items, and the uplifting, movement and re-installation of all types of machinery and other equipment for the benefit of the Customer, and includes the making available by CTR of drivers and other specialist personnel in connection therewith.
▪ (d)CTR means Consolidated Transport and Rigging CC and includes any of its directors, employees or agents.
▪ (e)Terms means these Terms and Conditions of Trade, as they may be amended from time to time without any prior notification of CTR, and includes any accepted quotation, estimate or order and CTR’s terms of credit where credit is extended to the Customer.
2. Application of these Terms
1. These Terms apply to the provision of any Services to the Customer.
2. CTR reserves the right at any time to vary or add to these Terms, which notification will take effect from the date of next placement of any order by the Customer.
3. Binding contract
1. CTR agrees to provide the Customer with Services in accordance with these Terms, subject to the Customer’s acceptance of any quotation or estimate provided by CTR.
2. Any written acceptance by a Customer of a quotation or estimate for Services provided by CTR constitutes a binding contract between CTR and the Customer. Acceptance can also be signified through the Customer allowing the Services to be commenced, where a quotation or estimate has been provided by CTR and agreed in writing.
3. Despite clause 3.2, CTR has absolute discretion to refuse or accept to provide any Services unless specifically itemised in CTR’s quotation.
1. Where a written quotation is given by CTR for provision of Services, it will remain valid for 7 (seven) days or such shorter period as may be specified in the quotation.
2. Any quoted prices may be subject to certain specific terms and conditions specified in the quotation or estimate by CTR, which are to be read in addition to these Terms as if specifically incorporated.
3. CTR may complete an estimate for Services where it is not possible to quantify the full scope of Services. In this situation daily or hourly rates will be supplied and agreed to in writing before the Services commence.
4. CTR reserves the right to unilaterally amend a quotation and invoice the balance thereof, and the Customer hereby accepts same, should it become evident that the quoted service and the service actually rendered are in any way different.
5. Credit Approval
1. CTR reserves the right to conduct a credit check of the Customer and these Terms are subject to CTR remaining satisfied as to credit risk.
2. If, in the opinion of CTR, the credit of the Customer becomes impaired, CTR reserves the right to suspend performance of or terminate an order and these Terms until such a time as CTR has received full payment or satisfactory security and is satisfied as to the Customer’s credit.
3. CTR reserves the right to cancel any order, re-evaluate all payment terms, require full or partial payment, or require assurance of the Customer’s ability to perform its obligations under this agreement. Any exercise of rights by CTR under clauses 5.2 and 5.3 is without prejudice to any pre-existing obligations of the Customer.
1. Where no price is stated in writing by CTR, the Services provided will be at CTR’s then current rate schedule.
2. Where the provision of any Services requires additional or special training in order to comply with the Occupational Health and Safety Act or any other site-specific health and safety requirements, the cost of compliance will be in addition to the quoted price at a rate of cost plus 10%.
3. Rates submitted may be subject to change in the event of force majeure, including natural disasters, road or bridge closures, delay at boarder posts, ports, road diversions or other causes beyond CTR’s control. In these circumstances, CTR will contact the Customer as soon as possible and notify it of any changes.
4. Where CTR becomes subject to an increase in government levies, e-tolls, taxes or charges, relevant to the provision of Services (other than taxes on its own income or fuel price increases) CTR reserves the right to pass these on to the Customer by way of a price increase.
1. CTR may require the payment of a deposit on account of payment, before commencing delivery of the Services, the amount of which will generally be specified the quotation.
2. CTR will issue a VAT-compliant invoice to the Customer on or after completion of the Services by CTR and payment is due within 7 days unless, if credit has been arranged, the terms of credit provide otherwise. In such event, payment will be due in accordance with the terms of credit.
3. CTR may in its discretion accept the provision of Services on the basis that the consignee (if other than the Customer) will pay its charges but the Customer remains liable for payment in default of payments by the consignee.
4. Interest on overdue amounts will be charged at CTR’s prevailing bank overdraft interest rate plus 2%.
5. Any costs or expenses incurred by CTR in recovering any outstanding monies including debt collection agency fees and legal fees shall be paid by the Customer.
6. No payment obligation shall be considered discharged until CTR has received the full benefit of it.
7. Payment is due in full, when due, notwithstanding any dispute about any aspect of the Services or any invoice. Resolution of the dispute in accordance with these Terms will provide for any repayment that may be due.
8. To secure payment in accordance with these Terms, the Customer hereby grants to CTR a lien over the Customer’s plant, equipment or materials that are subject of the Services provided.
8. Period of Hire
1. The period of hire will start when CTR mobilises to collect the relevant plant equipment or materials and will end upon delivery to the specified site(s), unless agreed otherwise.
9. Site conditions, access and damage to services or property
1. The Customer will ensure that the ground at all relevant sites is adequate to support all Plant needed to undertake the Services provided by CTR.
2. The Customer is solely responsible for any loss or damage caused while any item of Plant is entering, leaving or working on those sites.
1. The parties to this agreement undertake to obtain and maintain for the duration of this Agreement sufficient insurance to cover its liability and responsibilities arising out of or under and in connection with this Agreement.
2. CTR can procure additional insurances for a specific plant, however, should the Customer fail to advise or request additional insurance for a specific plant, CTR will not be held liable for any liability arising out of the provision of service in that regard.
3. Notwithstanding any provision in this Agreement, the Customer shall obtain and maintain as a minimum the following insurance:
▪ insurance in terms of the Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993 or other relevant legislation (“COIDA”) and shall ensure that it has paid all assessments due under COIDA. The Customer shall upon request by CTR, submit proof to the satisfaction of Standard Bank that it has paid such assessments;
▪ public liability insurance in respect of claims for death of and/or injury to persons or loss of and/or damage to Third Party property.
1. This Contract is at limited carrier’s risk, unless otherwise specified in CTR’s quotation. The Customer is responsible for arranging all necessary insurance to cover the full cost/value (as determined by the Customer) of the Customer’s plant, equipment or materials that CTR is required to transport as part of the Services, unless otherwise agreed between the parties.
2. CTR is not liable for any loss or damage to the Customer’s plant, equipment or materials the subject of the Services or for any other loss suffered by the Customer in connection with or as a result of performance by CTR of the Services, unless otherwise agreed between the parties as per the quotation. CTR’s maximum liability for direct damages will be capped at R5 000 000.00 (five million rand), unless otherwise agreed between the parties. In no event shall CTR be liable for any indirect or consequential loss, including loss of revenue, profits or opportunity or any damages for which the Customer may become liable.
3. The Customer indemnifies CTR from and against any third-party claims arising as a result of or in connection with performance of the Services.
4. Notice of any claim against CTR must be given within 48 hours of completion of the Services (which by default will be upon delivery of the relevant plant, equipment or materials to the agreed site) in order for a claim to be valid. Such claim must be in writing with the relevant proof attached (i.e by way of photographic evidence, official expert report etc). CTR will have no liability for any loss unless such claim is so delivered.
5. CTR is not liable for any delay or failure to perform its obligations under these Terms if the cause of the delay or failure is the result of a force majeure event beyond its control.
6. Notwithstanding, the form (whether in contract, delict, or otherwise) in which any legal action may be brought, CTR’s maximum liability for direct damages for any breach, penalty, act or omission arising out of the provision of services will not exceed R4 000 000.00 (four million rand).
12. Personal guarantee of signatories
1. If the Customer is a company or trust, then the signatories for it, by signing and in consideration for CTR agreeing to provide the Services to the Customer, personally and jointly and severally guarantee the Customer’s payment in full in accordance with these Terms.
1. Failure by CTR to enforce any part of these Terms on any occasion is not a waiver by CTR of its rights under these Terms.
2. The Customer is not entitled to assign or transfer any of its rights or obligations under these Terms without CTR’s prior written consent.
3. These Terms are governed by South African law and the parties are subject to the jurisdiction of the South African courts.