Terms and Conditions
Iron Horse Relocations (Pty) Ltd Terms and Conditions
REMOVAL, STORAGE and RISK COVER Terms and Conditions
Terms & Conditions under which all work carried out by Iron Horse
Relocations CC is covered.
These conditions explain your rights, obligations, and responsibilities and those of Iron Horse Relocations for removal, storage and risk cover services. Where these conditions use the word ‘you’ or ‘your’ it means you as the removal customer. The terms ‘we’, us’, ‘our/s’ refers to Iron Horse Relocations. It is your obligation to ensure these terms and conditions have been read and understood as ALL work carried out by Iron Horse Relocations is subject to these terms and conditions.
1. Quotation
The quotation is provided FREE of any charges and you are under NO OBLIGATION to accept. The removal quotation issued by Iron Horse Relocations (“the quotation”) is a fixed price. Unless otherwise stated on its face, it does not include risk cover, VAT, customs duties and inspections or any other fees payable to government bodies. Iron Horse Relocations may change the quoted price for the removal or make additional charges if any of the following have not been taken into account when preparing the quotation or, if separately confirmed by Iron Horse Relocations in
writing: a) You do not accept the quotation in writing within 28 days, providing at the time of acceptance a firm removal date which Iron Horse Relocations agrees in writing.
b) By reason of your delay, the removal is not carried out or completed within three months of the date of acceptance of the quotation.
c) Iron Horse Relocations’ costs increase because of currency fluctuations, changes in taxation, freight charges and diesel/fuel prices for reasons beyond our control.
d) The work is carried out on a Saturday, Sunday or Public Holiday at your request.
e) Iron Horse Relocations has to collect or deliver goods from/to above the ground and first floor of a property.
f) Iron Horse Relocations supply any additional services not included or requested to be included in the quotation, including moving or storing extra goods (these conditions will apply to such work in any event).
g) The stairs, lifts or doorways at the property are inadequate for free movement of the goods without the need for mechanical equipment or structural alteration, or the approach, road or drive to the property is unsuitable for Iron Horse Relocations’
vehicles and/or containers to get to and load and/or unload within 20 metres of the doorway, and as a result Iron Horse Relocations have to carry out extra work not included within the quotation.
h) Any parking or other fees or charges that must be paid by Iron Horse Relocators in order to carry out the removal services on your behalf.
i) There are delays or events outside Iron Horse Relocations’ reasonable control.
j) Items to be lifted/carried/loaded/moved require more than 4 men to be lifted/carried/loaded/moved.
2. Work Not Included in the Quotation Unless agreed by Iron Horse Relocations, in writing, they will not, as part of the quoted removal services:
a) Dismantle or assemble unit or system furniture, fitments or fittings.
b) Disconnect or reconnect appliances, fixtures, fittings or equipment.
c) Take up or lay fitted floor coverings.
d) Move storage heaters, unless they are dismantled.
e) Move items from a loft or cellar, unless properly lit, and floored and safe access is provided.
f) Move or store any items excluded under clause 4 of these conditions.
Iron Horse Relocations staff will not be authorised or qualified to carry out such work. It is recommended that a properly qualified person is separately employed by you to carry out these services, if required.
3. Your Responsibility It will be your sole responsibility to:
a) Declare to Iron Horse Relocations the value of the goods being removed and/or stored.
b) If any risk cover offered by Iron Horse Relocations in the quotation is not accepted (and paid for in advance of the start of the removal), arrange adequate risk cover for the goods submitted for removal, and/or storage, against all insurable risks.
c) Obtain at your own expense, all documents, permits, licences, and/or customs documents necessary for the removal to be completed.
d) Be present or represented throughout the removal.
e) Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
f) Arrange proper protection for goods left in unoccupied or unattended premises, or where other people such as (but not limited to) tenants or workmen are, or will be present.
g) Prepare and properly stabilise all appliances or electronic equipment prior to their removal.
h) Empty, properly defrost and clean refrigerators and deep freezers. Iron Horse Relocations are not responsible for the contents of this equipment.
i) Provide Iron Horse Relocations with a contact address for correspondence during removal, and/or storage of goods. Iron Horse Relocations will not be liable for any loss or damage, costs or additional charges that may arise from any of these matters.
4. Goods not to be submitted for removal or storage The following items are specifically excluded from this contract unless otherwise agreed as below.
a) Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind.
b) Prohibited or stolen goods, drugs, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.
c) Plants or goods likely to encourage vermin or other pests and/or plants or goods likely to cause infestation.
d) Refrigerated or frozen food, drink, products or goods.
e) Any animals and their cages or tanks including pets, birds or fish.
f) Goods which require a special licence or government permission for export/import or translocation.Such goods will not be removed by Iron Horse Relocations except
with their prior written agreement. In the event that they do remove such goods, Iron Horse Relocations will not accept liability for loss or damage wholly or mainly attributable to the special nature of the goods concerned. If you submit such goods without Iron Horse Relocations’ knowledge and prior written agreement, they will not be liable for any loss or damage and you will indemnify Iron Horse Relocations against any charges, expenses, damages or penalties claimed against them.
In addition, Iron Horse Relocations shall not be entitled to dispose of (without notice) any such goods which are listed under clause 4.
5. Ownership of the goods
By entering into this contract, you declare that:
a) The goods to be removed and/or stored are your own property,
or
b) The person(s) who own or have an interest in them, have given you authority to make this contract, and have been made aware of these conditions. If these declarations are found to be false, you will be held liable for claims against Iron Horse Relocations regarding damage/loss, in respect of goods named on the quote that is the subject of this agreement.
6. Charges if you postpone or cancel the removal If you postpone or cancel this contract, Iron Horse Relocations may charge according to how much notice is given. Notification must be in writing by recorded delivery or electronic medium that can provide proof of time and date stamp.
a) More than 14 working days before the removal was due to start: NIL payable.
b) Less than 14 working days before the removal was due to start: 50% of the full removal charge.
c) Less than 7 working days, 100% of the full removal charge Note: The start of the removal is viewed as the first day that the removal crew are due to be present at the pick-up address
7. Paying for the Removal Unless otherwise agreed by Iron Horse
Relocations in writing:
a) Payment is required,
(i) By Electronic Transfer with enough time to reflect (clear) in
our account
b) You may not withhold any part of the agreed price for any reason whatsoever, unless agreed to in writing by Iron Horse Relocations.
8. Our liability for loss or damages
Reference to an item is reference to any one article, suite, pair, set, complete case, carton, package or other container. Iron Horse Relocations’ liability for loss or damage is limited. This is set out in clause 8(a)(i) below.
a) Liability for loss or damage
(i) In the event of Iron Horse Relocations losing or damaging your goods, if they are liable, Iron Horse Relocations will pay you up to a maximum sum of ZAR 450.00 for each item which is lost
or
damaged, to cover the cost of repairing or replacing that item. Where any item is part of a pair or set, Iron Horse Relocations will only pay for the actual parts which are lost or damaged. No payments will be made for articles that are not damaged or lost.
or
(ii) Iron Horse Relocations, in their sole discretion, may choose to repair or replace the damaged item. If an item is repaired Iron Horse Relocations will not be liable for depreciation in value.
b) Other than by reason of Iron Horse Relocations’ negligence, they will not be liable for any loss, damage or failure to produce
or
deliver the goods if this is caused by one or other of the circumstances set out in the following:
(i) By fire, howsoever caused.
(ii) By war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside Iron Horse Relocations’ reasonable control.
(iii) By normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances.
(iv) By moth or vermin or similar infestation.
(v) By cleaning, repairing or restoring unless Iron Horse Relocations did the work.
(vi) To any goods in wardrobes, drawers or appliances, or in a package, bundle, case or other container not both packed and unpacked by Iron Horse Relocations.
(vii) For electrical or mechanical derangement to any appliance, instrument or equipment.
(viii) To jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of a similar kind, howsoever caused.
(ix) To any goods which have a relevant proven defect or are inherently defective.
(x) To animals and their cages or tanks including pets, birds or fish.
(xi) To plants and pots in which they are housed/contained.
(xii) To refrigerated or frozen food, drink, products or goods.
c) Iron Horse Relocations will not be liable for damages or costs resulting indirectly from, or as a consequence of loss, damage, or failure to produce the goods.
d) No employee of Iron Horse Relocations shall be separately liable to you for any loss, damage, mis-delivery, errors or omissions under the terms of this contract.
9. Extra conditions that apply to imports/exports For goods destined to, or received from, a place outside the Republic of South Africa.
a) Iron Horse Relocations will accept liability only for loss or damage to goods when they are in our actual possession, and if it can be proven that we were negligent. In such circumstances, Iron Horse Relocations will accept liability as in condition.
8(a)(i)
or
8(b) above. Iron Horse Relocations is not liable for any loss, damage or failure to produce the goods if it is caused by those circumstances set out in condition 8(c) above.
b) Where Iron Horse Relocations engages an international transport operator, shipping company or airline, to convey your goods to the place, port or airport of destination, they do so on your behalf and subject to the terms and conditions set out by that carrier. By agreeing to these terms you confirm their availability to appoint such party on your behalf.
c) If the carrying vessel/conveyance, should for reasons beyond the carrier’s control, fail to deliver the goods, or route them to a place other than the original destination, you may have limited recourse against the carrier, and may be liable for General Average contribution (e.g. the costs incurred to preserve the vessel/conveyance and cargo) and salvage charges (e.g. charges payable to a person who saves those goods), or the additional cost of onward transmission to the place, port or airport of destination. These are insurable risks and if appropriate it is your responsibility to arrange adequate marine/transit risk cover. These risks will not be covered by Iron Horse Relocations
d) Iron Horse Relocations does not accept liability for goods confiscated, seized or removed by Customs Authorities or other Government Agencies.
e) All loads that are based on a shared container or shared vehicle are subject to additional terms, delivery times cannot be guaranteed and any dates or times given should be used for the purpose of guidance only. If time scales are quoted in days then this is calculated on working days and excludes Saturday, Sunday or any public holiday in both the RSA and country of delivery.
f) Iron Horse Relocations cannot be held responsible for additional costs accrued to/by you, for delayed delivery, for whatsoever reason. Including but not limited to 3rd parties, including administration delays
10. Risk Cover
Transit risk cover is offered on your quotation, and is highly recommended.
a) Cover excludes breakages of all fragile articles, which include, but are not limited to, mirrors, pictures, crockery, china, etc, unless professionally packed.
b) Cover excludes Antiques and Artworks unless they have been valued beforehand and approved by the risk cover company.
c) Cover excludes mechanical and electrical derangement.
d) The maximum liability for the loss of any one item not professionally packed, is limited to R450.00
e) The maximum liability for the loss of any one box, carton, crate, trunk suitcase, or similar item, not professionally packed, is limited to R450.00
f) Cover excludes loss or destruction of Money, Medals, Jewellery, Watches, Precious Stones and the like, Precious Metal and Bullion.
g) You are advised to cover items for their full value. In the event of under risk cover, “Average” will apply.
h) The period of cover, notwithstanding the 7 day period allowed for submission of a claim, expires on final delivery at the address as reflected on the quote.
i) The risk cover Company may at its own option repair, reinstate or replace any property loss or damage or may pay the amount of the loss or damage. Where any item is part of a pair or set, Underwriters will only pay for the actual parts which are lost or damaged. No payments will be made for articles that are not damaged.
j) The Company’s liability (or the carrier’s liability if liable) for any claim or claims is limited to the sum covered.
k) Explosives, firearms, ammunition, livestock, plants and pot plants, water features, are excluded from the Policy.
l) On payment of the appropriate additional premium mechanical derangement cover is included provided these are genuine kitchen and household appliances (excluding electronic equipment of any kind) and provided that the appliances are prepared for transit in accordance with the manufacturer’s recommendations. The onus rests with you to ensure this is done.
m) Risk Cover covers your goods from your collection point to your delivery point, if storage is the delivery point, the cover expires on delivery to the storage facility.
n) Brokers: Multimodal Marine Broking Services CC
o) All Risks Cover Excess: 10% of the claim amount with a minimum of R15,000.00 for each and every claim by the insured
p) Total Loss Cover Excess: Claim Excess – Subject to a minimum of R 5,000.00 for each and every claim
* THEFT / HIJACKING OF ENTIRE CONSIGNMENT / SHIPMENT:
– 10% of the claim amount with a minimum of R 15,000.00 payable by the insured
q) SASRIA optional at 0,001044% of the sum insured OR a minimum premium payment of R 50,00
p) Iron Horse Relocations may, at its discretion, choose to settle the claim without claiming through our risk cover
brokers/companies.
q) Prior to claim settlement, the salvage shall be collected by Iron Horse Relocations.
r) In the event of all, or any, of the premium not being paid prior to delivery/receipt of the goods, the risk cover shall be null and
void.
11. Simplified Claim procedure
a) A detailed inventory of items claimed for must be submitted to Iron Horse Relocations within seven (7) days of delivery at the address on the quote which is the subject of this agreement.
b) Three written estimates covering the cost of repairs and/or replacement values must accompany the list.
c) Pictures of the damages must be submitted with the claim.
d) Failure to comply with points (i), (ii) and (iii) above will render your claim null and void.
12. Time limit for claims
a) For goods which Iron Horse Relocations deliver, you must note any visible loss, damage or failure to produce any goods at the time of delivery.
b) If you or your agent collects goods from our warehouse, you must note any loss or damage at the time the goods are handed to you, requesting that Iron Horse Relocations acknowledges and confirms your note.
c) Iron Horse Relocations will not be liable for any loss of or damage to the goods unless a claim is notified to Iron Horse Relocations in writing as soon as such loss or damage is discovered and in any event within seven (7) days of delivery of the goods by Iron Horse Relocations.
13. Delays in transit
a) Iron horses Relocations will not be liable for delays in transit. This includes any additional expenses incurred by yourself for board and lodge or any other personal expenses.
b) If through no fault of Iron Horse Relocations we are unable to deliver your goods on the allocated day, Iron Horse Relocations will take them into store. The contract will then be fulfilled and any additional service(s), including storage and delivery, will be at your expense.
c) If we are unable to complete the removal services on the stated delivery day and time due to delay on your part Iron Horse Relocations may be entitled to charge for additional charges, such as for extra waiting time.
14. Damage to premises or property other than goods
a) Iron Horse Relocations will not be liable for any damage to premises or property other than goods submitted for removal and/or storage unless they have been negligent.
b) If Iron Horse Relocations cause damage as a result of moving goods under your express instruction, against our advice, and to move the goods in the manner instructed will inevitably cause damage, they shall not accept that they were negligent. c) If Iron Horse Relocations are responsible for causing damage to your premises or to property other than goods submitted for removal and/or storage, you must note this on the worksheet or delivery receipt.
15. Right to Hold the Goods (lien)
Iron Horse Relocations shall have a right to withhold and/or ultimately dispose of some or all of the goods until you have paid all Iron Horse Relocations’ charges and any other payments due under this or any other contract. These include any charges that they have paid out on your behalf. Whilst Iron Horse Relocations hold the goods without payment you will be liable to pay all storage charges and other costs incurred as a result of them withholding your goods and these removal/storage terms and conditions shall continue to apply.
16. Sub-Contracting the work
a) Iron Horse Relocations reserves the right to sub-contract some
or all of the work.
b) If Iron Horse Relocations sub-contract, then these conditions will still apply.
17. Route and Method
a) Iron Horse Relocations have the full right to choose the route for collection and/or delivery.
b) Unless it has been specifically agreed in writing on the Quotation, other space/volume/capacity on our vehicles and/or container may be utilised for consignments of other customers.
18. Extra Conditions that Apply to Storage
Storage refers to goods stored in our warehouse facilities, but is not limited to warehouse storage.
a) Forwarding address If you do not provide an address or respond to our correspondence or notices, we may publish such notices in a public newspaper in the area to or from which the goods were removed.
b) Revision of storage charges Iron Horse Relocations may review their storage charges periodically. You will be given twenty-eight (28) days’ notice in writing of any increases.
c) Right to Sell or Dispose of the Goods On giving you twenty-eight (28) days’ notice Iron Horse Relocations is entitled to require you to remove your goods from their custody and pay all money due to them. If you fail to pay all outstanding debts due to Iron Horse Relocations they are entitled to sell or dispose of some or all of the goods without further notice. The cost of the sale or disposal will be charged to you. The net proceeds will be credited to your account with the removal company and any eventual surplus after settlement of all money (and charges) due to Iron Horse Relocations will be paid to you (without interest).
d) Termination If payments are up to date Iron Horse Relocations will not end this contract except by giving you three (3) calendar months’ notice in writing. If you wish to terminate your storage contract, you must give Iron Horse Relocations at least fourteen (14) days’ notice. If they can release the goods earlier, they will do so, provided that your account is paid up to date. Storage will only be charged for the number of days it was in storage. Days will be calculated by excluding the first day it is taken into storage and including the last day when removed/collected from storage.
e) Handling fees If you make your own arrangements to collect or deliver the goods from/to our warehouse we are entitled to charge a handling fee. Iron Horse Relocations’ liability will cease upon handing over the goods.
f) Iron Horse Relocations will notify the customer of any changes to the agreement, whilst the agreement is in place with the customer.