JKR HAULAGE POLICIES

Conditions Precedent

JKR Haulage shall only be obliged to perform provided:
2.1 JKR Haulage, in its sole opinion, has received sufficient notice and information of the customer’s requirements to enable it to properly carry out the transportation and to ensure that a suitable and appropriate vehicle is available;
2.2 The necessary consents and statutory permits have been granted and remain in force (in the event of such consents or permits being refused or withdrawn for any reason whatsoever, such that no transportation may be performed, the contract, if any, shall terminate and no liability for damages or otherwise shall attach to JKR Haulage);
2.3 The customer is not in breach of any terms or conditions of this contract or any other contract concluded with JKR Haulage;
2.4 JKR Haulage is satisfied as to the customer’s solvency, and ability and readiness to pay for the services to be rendered in terms of the contract within the time and in the manner therein prescribed.

Quotations and Payment

3.1 Prices are as quoted by JKR Haulage to the customer. Quotations shall remain open for acceptance by the customer for a period of 14 (fourteen) days from the date thereof, and if not accepted during such period (which acceptance shall be communicated in writing to JKR Haulage), shall automatically lapse.
3.2 All quotations are subject to JKR Haulage’s Standard Terms and Conditions of Trading. JKR Haulage reserves the right to negotiate a rate adjustment with the customer, in the event of any increase in the price of fuel, tyres and/or labour.
3.3 Quotations are based, interalia, on quantities, densities, dimensions, mass, properties, technical data, and other information supplied by the customer, and are accepted by JKR Haulage in good faith under representation by the customer.
3.4 Any variance from the factors set out in 3.3 shall entitle JKR Haulage to adjust the rate quoted to take into account such variance, or to suspend performance, or cancel the contract, without thereby incurring any liability whatsoever, and in the event of any such cancellation or suspension, JKR Haulage reserves to itself the right to claim from the customer such damages as JKR Haulage may have suffered.

Quotations are subject to the following conditions:

4.1 That the work carried out by JKR Haulage is not subject to any interruption, hindrance or postponement;
4.2 That the route to be decided by JKR Haulage is not subsequently varied;
4.3 The availability of JKR Haulage’s vehicles and/or staff on the date required;
4.4 That all part loads are conveyed and delivered at JKR Haulage’s convenience.

The customer undertakes responsibility for the following:

5.1 Any increase in JKR Haulage’s costs coming into force after the date of the quotation
5.2 All costs connected with any delays due to interruption, hindrance, local traffic, municipal regulation or non-production of necessary licences, permits or customers forms;
5.3 Any additional charges on a pro-rata basis in circumstances where the volumes, quantities or scopes of work have increased over that which has been quoted for;
5.4 Any increase in charges should there by a change of route due to circumstances beyond JKR Haulage’s control;
5.5 Expenses incurred and/or losses sustained by JKR Haulage arising out of any postponement or cancellation by the customer;
5.6 Increased charges in the event of stoppages or delays in the carrying out of the work to which the contract relates, provided that such stoppages or delays are caused by circumstances beyond the reasonable control of JKR Haulage or are such that JKR Haulage could not reasonably foresee or prevent the cause of such stoppages or delays arising.
5.7 Subject to the foregoing conditions, and provided JKR Haulage performs within the time period agreed between the parties, the price quoted shall remain fixed. If, JKR Haulage performs after such time period, the price quoted shall be subject to reasonable escalation.
5.8 JKR Haulage shall be entitled at any time by notice to the customer, to cancel or resale from any quotation or executory agreement in the circumstances where it becomes impracticable or uneconomical for JKR Haulage to carry out the contract, and the customer shall have no claim whatsoever against JKR Haulage for any loss that the customer might incur as a result of JKR Haulage cancelling.
5.9 The freight is to be paid in full in the quoted currency without deduction or set off at such address as JKR Haulage may direct from time to time, and the customer’s obligation to JKR Haulage will not be discharged until the full purchase price is received in cash or is paid into JKR Haulage’s bank account. Payment by electronic transfer shall only discharge the customer of its obligations when the funds are received and cleared in JKR Haulage’s bank account.
5.10 Under no circumstances whatsoever does JKR Haulage authorise the customer to utilise the services of messengers, couriers, postal authorities/services to delivery any cheque, bank notes, Promissory Notes, bills of exchange and cash to JKR Haulage. Where the customer elects to utilise such services the customer does so at its own risk and the messenger, courier postal authority and the like is and will be the agent of the customer.
5.11 The customer is obliged and liable to pay to JKR Haulage on demand all charges levied by JKR Haulage’s bankers arising out of the dishonour of any of the customer’s cheques, bills of exchange, Promissory Notes, special clearances thereof and cash deposit fees.
5.12 In the event of a dispute between JKR Haulage and the customer, all amounts which may in future become due to JKR Haulage, shall be deemed to immediately become due to JKR Haulage, and the customer acknowledges that JKR Haulage has the right to retain the goods in its possession or which may come into its possession as a lien for monies due.
5.13 Should the customer fail to make payment on due date, the full amount outstanding shall immediately become due and payable to JKR Haulage notwithstanding that, in the case of approved accounts, payment is due only within 30 (THIRTY) days of the date of JKR Haulage’s invoice.

Insurance

6.1 JKR Haulage shall be under no obligation whatsoever to insure the goods.
6.2 JKR Haulage has the facility to offer comprehensive goods in transit insurance, including hijacking cover. Unless stated to the contrary in writing, quoted rates exclude insurance and goods are carried at the customer’s risk. Should the customer require JKR Haulage to insure goods carried, JKR Haulage requires a letter from the customer stating the following:

• • That the goods carry no form of insurance;
• • The value to which the load must be insured (cost price);
• • The estimate loads per month;
• • That the customer requires insurance from JKR Haulage;
• • The commodity being carried.

6.3 The letter must be as detailed as possible, showing all variances of the load. The additional cost per load for insurance will be supplied on presentation of the said letter and shall be for the customer’s account. In the absence of this letter, JKR Haulage is deemed not to have taken out insurance for and on the customer’s behalf and the customer is accordingly deemed to carry its own insurance.
6.4 It shall not be obligatory upon JKR Haulage to effect insurance on any goods being handled or stored upon express instructions given in writing by the customer, and all insurance effected by JKR Haulage is subject to the usual exceptions and conditions of the policies of the insurance company or underwriter taking the risk. JKR Haulage shall not be under any obligation to effect a separate insurance on each consignment, but may declare each on an open or general policy. Should the insurer’s dispute their liability for any reason, the insured shall have recourse against the insurers only and JKR Haulage shall not be under any responsibility or liability in relation thereto, notwithstanding that the premium upon the policy may not be at the same rate as that charged by JKR Haulage or paid to JKR Haulage by the customer.
6.5 In all cases where there is a choice of tariff rates of premium offered by carriers, warehousemen, underwriters or others, depending upon the value declared or the extent of the liability assumed by the carrier, warehousemen, underwriter or other person, it shall be in the entire discretion of as to what declaration, if any, should be made and what liability, if any, should be imposed on the carrier, warehousemen, underwriter or other person, unless express instructions in writing are timeously given by the customer.