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Terms and Conditions

Terms and Conditions

Internal terms and conditions for freight forwarding and transportation of MMC Transport.

Introductory regulations

"Its our sole purpose to deliver a good professional service, your item be it a motorcycle/boat/motorvehicle, it will be strictly handled and treated with the outer most respect as if it were our own. Due to the distances that we travel to make sure that your Lesuire item gets to you in the same condition as showroom quality or how we have recieved it in. Please refrain from making unecessary calls to the Driver/s as it adds a lot of undesired pressure, we have to deal with alot of issues on the South African roads, (Road blocks, Weight-bridges, SAPS stop & searches, Weather - Gast winds, even Tiredness of Driver/s including Customers that are not available for deliveries and/or even break-downs of travelling inclosed vehicles, this all contributes to unnecessary and unforeseen delays to shared-load and/or direct load trips. Please be bare & be patient for the safety of your Items"

Scope of road freight transport and insurance

1. MMC Transport offers national transport and international freight transport within the South Africa.
2. In legal and business relationships, MMC Transport acts as a freight forwarder and carrier.
3. The company’s own vehicles as well as the contractual partners’ transport capacities in rail, maritime and air transport constitute the fleet’s technical basis to exercise business relations.
4. MMC Transport has a liability insurance for national transportation.

Orders and offers

1. Orders are the contractual partners’ drafts of the transportation of goods and the implementation of such transports.
2. Orders can be placed in writing, by e-mail or fax and have to be confirmed in writing.
3. The contractual partner is responsible for the accuracy and completeness of his/her data. This applies to orders as well as to instructions before and during transportation.
4. Based on the order, MMC Transport will draw up an offer referring to the documents received.
5. By confirming the offer, the contractual partner enters into a business relationship with MMC Transport. Confirming the offer means accepting the internal terms and conditions.
6. Orders and offers may optionally also contain other special requirements of both contractual partners.
7. The contractual relationship obliges the parties to haul the delivery from the dispatch location to its destination, with the applicant undertaking to bear the transportation costs. In the event of unforeseen circumstances, the price will be increased by the expenses incurred.

Terms of payment

1. Payments for the performed services are to be made according to the issued invoice within the term of payment defined in the offer.
2. The term of payment begins with the issue date of the invoice.
3. In the event of a failure to pay invoices within the term of payment, the issuing party is entitled to a contractual penalty equal to 0.05 % for each day of delay.

Changes to orders for the transportation of goods

1. Until the consignment is handed over to the recipient, the contractual partner can subsequently notify the freight forwarder that:
a/ the consignment should be sent back to the sending address b/ the consignment should be halted during transportation for a certain time c/ the consignment should be hauled to another destination.
2. In the event of any requested changes, MMC Transport is entitled to reimbursement of the costs in connection with the change order.
3. MMC Transport can refuse to perform additional instructions, postpone them or implement them in a different way if: a/ the instruction cannot be performed at the time of being given b/ its implementation would violate generally binding legal regulations or endanger the health of the persons responsible c/ the additional costs have not been paid or their payment is not ensured.

Loading, transportation and unloading of the consignment

1. Loading the consignment a/ When taking over the consignment, the driver is obliged to check the packaging for any damages and to enter such damages into the Load Sheet document.
2. Driver a/ The driver is obliged to adhere to all regulations according to South Africa Roads. b/ The driver is not allowed to use any agents which influence appliances installed in the vehicle. c/ In case of an overload of the vehicle, the applicant is obliged to bear all additional costs for the overload. d/ At physical checks of the goods during customs clearance, the opening and closing of the containers is documented.
The contractual partner is not entitled to claim damages if MMC Transport proves based on documents that it did not cause the damages.
3. Consignment handover is the delivery of the consignment to the end customer. This is confirmed by a signature on the Load Sheet document upon receipt of the consignment.
The extent of damages to the goods is calculated by means of the value declared on the transport invoice. If an entire consignment or a part thereof is lost during transportation, the driver is fully responsible for this loss.
The driver is not responsible if he proves that he was not able to avert the damage.
1. The contractual relationship as well as the resulting rights and obligations are subject to South Africn law. This applies to national and international transportation.

Final provisions

1. The business partners treat any information on the respective other party which emerges from the commercial contract and of which they gain knowledge during its implementation as confidential and confirm that they will not disclose any information to third parties without written consent of the other party. The confidentiality obligation between the contractual partners is also effective after the end of the business relationship.

Settlement of disputes

1. If possible, differences of opinion between the business partners will be settled consensually.
2. If an agreement is not possible, disputes will be settled in an arbitration procedure.
The parties undertake to comply with the decision of the Arbitration Court within the stated period.