Trading Conditions | MJV Logistics

The following conditions hereinafter set out shall relate and govern all transactions entered between MJV LOGISTICS and consignees. The transporters standard conditions of trade will super cede any and all other standard conditions of trade. This includes all clients, sub contractors and any other party that involves itself with the business of the transporter.

Definitions:

“the transporter” shall mean MJV LOGISTICS or its duly authorised agents.
“the client” shall mean the consignee / consignor.
“the goods” shall mean subject matter or the consignment entrusted to the transporter as reflected to the surface of this document.

CHARGES

If the goods are consigned prepaid payment shall be due by the client to the transporter on issue of instructions by the client, unless credit facilities have been arranged by the client with the transporter and such credit facilities have been confirmed by the transporter in writing.

Should the transporter, in the absence of credit facilities being granted to the client, accepts the clients instructions and convey the goods without actual prepayment, all charges shall be paid by the client to the transporter upon demand
Goods consigned “collect” shall be at the instructions of the client who will not withstanding instructions to collect be liable to the transporter for the said charges should payment for any reason whatsoever not be forthcoming from the consignee.
Where the transporter applies unilaterally a general increase to its rates, such increase will apply to the transaction for shall be accepted by the client notwithstanding any notification of such increase has been given to the client
Interest of 5% shall be charged on all overdue accounts and charged due by the client to the transporter.

PACKAGING AND MARKING

The client shall endure that all waybills are properly completed in every respect and shall be bound by all information thereon stated. The client shall indemnify the transporter against all claims and losses and fines however so arising from any inaccuracy or omission in description and packaging.
It is the clients duty to ensure that the goods are properly and sufficiently packed and securely contained, having due regard to the nature and fragility of the goods.
The client indemnifies the transporter against any claims that may arise against transporter as a consequence of the client failing to comply with this cause.

STORAGE

If for any reason whatsoever, there is a delay in the delivery of the goods to the consignee the goods shall be stored by the transporter who has the right to raise the storage charges at the rate approved by the South African Road Transport Association, which charges shall be payable by the client upon request. All goods stored by the transporter shall be at the risk of the client and the transporter shall not be liable for loss or damage thereof however so arising.

SUB CONTRACT

The transporter shall be entitled to sub contract where deems necessary.
The responsibility lies with the sub contractor to ensure that his/hers goods-intransit insurance is valid at all times.
All goods/cargo loaded by the sub contractor on behalf of the transporter will be done so with his/her own judgement and may not only on instructions given by the transporter. The onus lies with the sub contractor and his staff to make sound judgements based on their equipment and the nature of the cargo/goods to be transported.
It is the sub contractor’s responsibility to endure that his vehicle/equipment is in good condition at all times. Any claims resulting due to the above not adhered, will be for the sub contractor account.

LIEN

All goods and documents relative hereto are subject to a special lien and pledge in favor of the transporter as security for any amounts due to by the client.
Subject to paragraph (c) herein set out, if any payment to the transporter remains unpaid after due notice is given to the client the transporter may sell the goods in its possession, for an amount the transporter deems appropriate, at its sole discretion. The proceeds of such sale after defraying all charges and amount due to the transporter. If any shall be paid to the client.
Before possessing with a sale under (b) above the transporter shall in writing notify the client of its intention to sell its goods and should thereafter, the amount due to the transporter remain owing for a period of 14 days from date to this notice, proceed with the envisaged sale.
Whilst any goods are being stored by the transporter in excess of its lien, the transporter shall be entitled to raise storage charges thereon

RISK AND INSURANCE

Any claims against the transporter by the client in respect of any loss whatsoever, damage howsoever arising shall be limited to max amount of the sum (R250 000) Two Hundred and Fifty Thousand Rand per consignment.
Unless otherwise specifically requested by the client and confirmed in writing by the transporter, the goods consigned shall bear no relative insurance and shall be conveyed at the sole risk of the client. It is the duty of the client to arrange its insurance cover in the goods consigned.
Where special arrangements have been made for insurance by the transporter for goods being conveyed such insurance charges shall be recoverable by the transporter from the client.
The transporter shall only reimburse the client of the actual amount paid by the insurers.

CLAIMS

With regard to goods conveyed the transporter shall bear no liability should the client provide false information. The client shall be responsible and liable for any claims whatsoever nature, however caused.
All claims must be reported in writing to our offices within 24 hours of occurrence. Any claims reported after this time will not be entertained.

All monies due to the company in relation to the services rendered shall be paid to the company on delivery of the consignment to the client unless otherwise agreed upon and payment be made without deduction or set off an amounts due may be deferred or withheld any reason whatsoever, in particular the sum of a claim against the company by the consignee to withhold any money due to the company. The proper channels need to be followed for claims.

In the event of the company being coerced to institute legal proceedings against the sender or consignee in order to recover charges and other lawful expenses, the consignee be liable for all attorneys and client charges and commissions.

The sender hereby consents to the jurisdiction of the magistrate’s court having proceedings against it, if the irrespective proceeding comply jurisdiction of the court.