Terms And Conditions
Terms and Conditions – Freight Forwarding and Transportation by MMC Transport
1. Introduction and Regulations:
1.1. MMC Transport (“the Company”) is committed to providing high-quality freight forwarding and transportation services. These terms and conditions govern the contractual relationship between the Company and its clients.
1.2. The Company undertakes to handle all transported goods with the utmost care, adhering to all applicable safety regulations and industry best practices.
1.3. Clients are kindly requested to refrain from making unnecessary calls to drivers. Recognize that the Company navigates various challenges on South African roads, including roadblocks, weight bridges, SAPS stop-and-search operations, adverse weather conditions, and driver fatigue.
2. Scope of Services:
2.1. The Company offers national and international freight transport services within South Africa.
2.2. The Company operates as both a freight forwarder and carrier, utilizing its fleet and contractual partners’ transport capacities across rail, maritime, and air transportation.
2.3. The Company maintains comprehensive liability insurance for national transportation, ensuring coverage for potential risks and damages.
3. Orders and Agreements:
3.1. Clients may place orders through written communication, email, fax, or the online booking form provided by the Company.
3.2. Orders must be accurately submitted, and the client bears full responsibility for the accuracy and completeness of all provided information.
3.3. Upon receipt of an order, the Company will generate an offer based on the information provided. Acceptance of this offer establishes a contractual agreement between the client and the Company, subject to the terms and conditions detailed herein.
3.4. Specific requirements outlined in orders or offers must be mutually acknowledged and accepted by both parties.
4. Payment Terms:
4.1. Payment for rendered services must be settled according to the invoice issued by the Company within the specified payment period outlined in the offer.
4.2. The payment period begins on the invoice issuance date.
4.3. Failure to settle invoices within the stipulated payment period may result in a contractual penalty of 0.05% per day of delay, followed by legal action if deemed necessary.
5. Changes to Orders:
5.1. Clients may request changes to orders prior to the consignment’s handover to the recipient. These changes may include, but are not limited to, return to sender, temporary halting of transportation, or delivery to an alternative destination.
5.2. The Company reserves the right to charge clients for costs associated with requested changes.
5.3. The Company may decline or modify additional instructions if they cannot be immediately executed, violate legal regulations, jeopardize safety, remain unpaid, or lack payment assurance.
6. Loading, Transportation, and Unloading:
6.1. Upon acceptance of a consignment, the driver is obligated to inspect the packaging for damages, accurately recording them in the relevant documentation.
6.2. Drivers must adhere to all South African road regulations and must refrain from utilizing devices that could negatively impact vehicle functionality. Overloading of the vehicle will result in additional costs borne by the client.
6.3. The Company shall not be held liable for damages if documented evidence proves that it was not responsible for the damages.
6.4. Damages incurred will be calculated based on the declared value outlined in the transport invoice.
6.5. In cases of consignment loss, the driver assumes full responsibility unless it can be reasonably demonstrated that the loss was unavoidable.
7. Governing Law and Jurisdiction:
7.1. The contractual relationship, inclusive of rights and obligations, shall be governed by South African law, encompassing both national and international transportation.
8. Confidentiality:
8.1. Both parties mutually agree to treat all confidential information arising from the commercial contract as strictly private. Written consent is mandatory prior to disclosing such information to any third party.
8.2. The obligation of confidentiality shall remain in effect even after the termination of the business relationship.
9. Dispute Resolution:
9.1. The parties shall diligently endeavor to resolve any differences through amicable negotiations.
9.2. If a resolution cannot be reached, unresolved disputes shall be subjected to arbitration. Both parties hereby commit to complying with the Arbitration Court’s decision within the specified timeframe.