TERMS AND CONDITIONS OF DELIVERY
- ‘We’, ‘us’ or ‘our’ means LOADALOT Pty (Ltd), registration number 2016/431199/07
- ‘You’ or ‘your’ means the customer.
- ‘Third party’, people other than ‘us’ or ‘you’
- This contract explains your rights and responsibilities, and ours.
- This contract (or a quotation) can only be changed by written agreement between you and us. One of our directors must sign any change for it to be valid.
- Moving and storing items is risky. Please pay special attention to clause 10. Our liability for loss or damage is limited. This means we are not responsible for all losses or damages you might suffer.
- Because our liability for these risks is limited, we offer insurance in our quotation against loss or damage for items being removed or stored.
- You confirm that you are at least 18 years of age or if under the age of 18 years, you are accessing the Site under the supervision of a parent or legal guardian.
- You agree that if you are unsure of the meaning of any part of the Terms and Conditions of delivery, you will not hesitate to contact us for clarification prior to making an order for delivery of your items.
- This Terms and Conditions document defines all rights, responsibilities and obligations of the customer and those of LoadAlot (pty) Ltd (henceforth referred to as “LoadAlot”).
No extrinsic evidence, whether oral or written, will be incorporated. Our correspondence address is encapsulated on our website. All correspondence must be forwarded to this address.
- The entity that you are contracting with is LoadAlot, even in a jurisdiction outside South Africa. As some or part of the Services may be supported and provided by our affiliates, we may delegate some of our Services to our affiliates, who you agree may invoice you for their part of the Services.
- Changes to this document can only be done through a written agreement between you (the client) and LoadAlot.
- In order for any change(s) to be valid, they must be signed by at least one of our directors or senior management.
- Please be aware that moving and storing household items is risky. Our liability for loss or damages is limited i.e. we are not responsible for all damages or loss you might suffer.
OWNERSHIP OF GOODS
- We make every effort to ensure that goods are delivered within the estimated timescales set out on our Site; however, delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within the estimated timescales where they did not occur due to our fault or negligence (force majeure).
- You agree not to hold the seller liable for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions of Sale if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.
- By entering into this contract you declare that:
- All the goods to be removed are your property
- Or you have the authority of the owner of the property to enter into this contract in respect of the goods to be removed.
- You will indemnify us in respect of any damages and / or cost against us if these declarations are not true
FORMATION OF CONTRACT/ TRANSACTIONS BETWEEN BUYERS AND SELLERS
ACCEPTANCE OF ELECTRONIC DOCUMENTS
- Content provided on the site is solely for informational purposes. Submissions or opinions expressed on the Site are those of the individual posting such content and may not reflect our opinions.
- Both parties agree that browsing the website and gathering information regarding the services provided by LoadAlot (henceforth referred to as “the seller”) does not constitute an offer to deliver your products, but merely an invitation to do so. The parties accept that an offer is only made once you have indicated the item(s) you want delivered, chosen your preferred payment method, proceeded to the checkout and completed the checkout process.
- Both parties agree that the acceptance of the offer is not made when the seller contacts you by phone or by email to confirm that the order has been placed online. Your offer is only accepted when we dispatch the product to you and inform you either by email or by phone of the dispatch of your ordered product.
- Before your order is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
- Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time.
- You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
- To the maximum extent permitted by law, the services provided by SokoyAfrica.com on or through the sites are provides voetstoots/ “As is”, “As available” and “With all faults”, and LoadAlot hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions and undertakings are hereby excluded.
- You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Please refer to the document titled “Return Policy” on our Site.
- Our quotation is valid for 30 days.
- All our quotations are a fixed price based on the accurate information provided by yourself.
- The quotation will only change under the following circumstances:
- If extra goods are packed, wrapped, moved or stored that are not listed on the detailed inventory and service specification supplied by yourself.
- If stairs, lifts or doorways are inadequate for easy pick up or delivery of your goods.
- If the distance from your front door to where our vehicle can park exceeds 30 meters. D. If a 10 ton truck that is 4.5 meters high and up to 21 meters long cannot enter your premises. It is your responsibility to inform LoadAlot if there is not enough space for our vehicles to enter your premises or if there will be any problems when we want to leave the premises.
- If we are misinformed, by yourself or by third parties authorised by yourself, regarding access limitations and restrictions, we reserve the right to postpone your delivery to a time and date logistically executable.
- If there are any delays caused by yourselves out of our control (for example no keys to premises, not being available at the premises for on or of loading or payment delays.) we will charge R200 p/h.
- If we are not informed regarding closing times of security gates and this causes our vehicles to be delayed.
WORK EXCLUDED FROM OUR QUOTATIONS THAT HAS TO BE PERFORMED BY THE CLIENT
- Under all the above circumstances, you agree to pay extra charges, unless you informed us in writing of the above mentioned problems before we prepared the quotation.
- Connection and disconnection of any electrical, electronic or plumbing equipment.
- Dismantling and reassembling of any furniture unless agreed so in writing.
- Removing and re-installing of any doors, security gates or windows for the purpose of moving any item out of or into the property.
- Moving of any items that require more than four men to move or any specialised equipment.
- Pack, move or store items listed below.
Should any of our staff thus do this work for you we will not accept any liability for loss or damage.
All of the following items are excluded from this contract. If moved by us we do not accept any responsibility for any loss or damages thereof:
THE RESPONSIBILITIES OF CLIENTS/ CUSTOMERS DURING THE MOVING PROCESS;
- Loose and unpacked items,
- Badly packed and unsealed cartons packed by the customer,
- Boxes exceeding 420mm x 420mm x 480mm in size,
- Owner packed boxes in a poor condition,
- Items of furniture not properly and professionally wrapped,
- Valuable items: Jewellery, Cell phones, Money, Deeds, Share Certificates, Sculptures, paintings, firearms, laptops or any similar items/ collections.
- Any potentially dangerous, damaging or explosive items may be destroyed or thrown away by us without your permission or prior knowledge.
- Potential Hazardous items to our vehicles or other goods loaded.
- It is agreed between the parties that only the items listed on the inventory are part of the Moving process;
- Where the owner pre-packs his/ her boxes, we do not guarantee the safety of goods or quality of the boxes. Should any of this work be done by our staff, we will not be liable for any loss or damage
- To notify us and properly identify any high value items (antiques, artworks Etc.) to be moved, packed or stored at least 7 days prior to the move in writing.
- To supply us with all necessary manuals / instructions or specialised tools deemed necessary for the safe dismantling/ handling/ packing or moving of any items.
- Be responsible for the security of your goods at the loading and off-loading addresses and to be present themselves.
- Ensure that all items are loaded and off loaded and not taken away or forgotten erroneously.
- Properly preparing all appliances and equipment before they are moved.
- Securing all valuables such as; wallets, cell phones, money, jewellery, handbags, lap tops, fire arms etc.
- All owner packed boxes must be packed, sealed and ready for loading prior to our trucks’ arrival.
- All furniture, electronic, electrical and plumbing appliances must be disconnected and dismantled prior to our trucks’ arrival. If this is not done we will not wait.
We are not liable for any loss, damage or additional charges because of anything listed in this clause.
ROUTE, MODE OF TRANSPORT, PACKING AND WAREHOUSING
OUR LIABILITIES FOR LOSS OR DAMAGE
- We may choose any route for delivery.
- We may choose any type of packing and transport, unless we agreed to something specific in writing.
- We may store items in any of our or our agents’ warehouses
- If we are liable for damaging, losing or failing to deliver goods, this liability will be limited to a maximum payment in proportion to one hundred rand (R100) per cubic meter of the volume of the item lost or damaged even if it forms part of a pair or sets
We may decide to pay for the repair or replacement of the item. We will not be liable for the result of damage from:
Fire, burglary, floods or any other loss while goods are in storage,
DAMAGE TO PREMISES
- Sickness, injury, disease or death arising from the removal or storage of any frozen food or drinks. Frozen foods are moved at your own risk.
- Any goods not wrapped, packed or unpacked by us or one of our agents.
- Moving of pot plants
- Fittings, fixtures, property or any other goods damaged as a result of difficult access.
- Brittle items or any items with an inherent defect, the mechanism or components in electrical, electronic, mechanical or motor driven goods (unless there are visible outward signs of impact damage), sensitive equipment or furniture that is dismantled or reassembled and any item which is not suitable for transportation.
- Leaking truck roofs resulting from damaged caused on route by low hanging tree branches that were not trimmed to a clearance height in accordance with the Road Traffic Act.
- You must note all damages to any of your premises on our documents and confirm it in writing within 3 days by registered mail. The time limit is essential. Our liability will be limited to One thousand rand (R1000.00). We may arrange to have damages repaired ourselves and must be given the opportunity to do so.
LOST, DAMAGED OR STOLEN ITEMS
- If we damage your house or premises, you must write this on our worksheet at the time.
- You must also email us within seven days to confirm the damage.
- The seven-day time limit is essential.
- Our liability for damage to premises is limited to R3000.00
- We may arrange to repair any damage ourselves, and you must give us the chance to do this
- If any item or load we move is lost or damaged:
- You must notify us about a claim in writing at the same time as you or your agent comes to collect any item, or
- You must email us your claim, and we must receive it within seven days of the actual or estimated delivery date.
HOLDING ITEMS AS SECURITY FOR PAYMENT
- The time limits are essential in both cases (collection or delivery).
- We are not liable for any loss or damage unless you follow the procedures and time limits in this clause.
We have a legal right to keep and eventually sell or dispose of any item until you have made all payments you owe us for the job carried out.
SELLING THE GOODS WITHOUT ANY NOTICE TO YOU OR ANYONE ELSE
- We may send you an email:
- demanding that you remove your items and pay us all the money you owe us, and
- Giving notice that we will sell your items if you do not remove them and pay us.
CLAIMS BY THIRD PARTIES
- If you do not pay us all the money you owe us within 28 (Twenty-Eight) days of us giving you notice, we may sell or dispose of any item without further notice.
- We will charge you for the cost of selling or disposing of any of your items.
- We will pay you anything left over after deducting the money you owe us, without interest.
THE LAW THAT APPLIES TO THIS CONTRACT SOUTH AFRICAN LAW APPLIES TO THIS CONTRACT UNLESS ONE OF OUR DIRECTORS’ SIGNS IT.
- You must pay any charge, expense, damages or penalty that any third-party claims against us in connection with any of your items or the services we provide to you, unless we were negligent, or we agreed in writing to pay relevant amount.
- Claims by third parties include, for example, parking charges that we may have to pay to do the work.
You must give us a forwarding address in writing and notify us immediately if it changes, also in writing.
- We may assume that you have received any email 10 (Ten) days after we send it to the forwarding address you gave to us.
- Any list or receipt we provide for items we have packed, moved, shipped, handled or stored will be final, unless you write to us before accepting the quotation about any mistake or item that you think we have left out.
- You may not make a claim for any item not on the list or receipt we gave you.
Please note that all times given are estimated times of arrival and may vary between 2-3 hours.
Your patience in this regard is highly appreciated.
CANCELLATION AND POSTPONEMENT
- If your cancel or postpone your removal we will charge the following fees to cover our expenses or loss:
- Cancel or postpone at least 24 hours prior to your move – no charges
- Cancellations less than 24 hours prior to your move – Cancellation fee of 50% of your removal cost and the total of all packing materials delivered to yourselves.
- Postponements less than 24 hours prior to your move– Postponement fee of 20% of your removal cost.
- Your move will only be rescheduled once we received your postponement fee. Without the proof of payment, we will not reschedule your move.
- We will not charge a cancellation fee if you cannot proceed with a removal or accept a delivery because the customer or the person whose items are being moved has died or been hospitalized.
All postponements and cancellations must be confirmed by email. Please retain proof of your email correspondence for future reference.
PAYMENT OF WORK CARRIED OUT
-Unless otherwise agreed by LoadALot in writing:
- Payment is required,
- By Electronic Transfer with enough time to reflect (clear) in our account. (We accept payment in electronic fund transfer (“EFT”), MasterCard (Visa) and Snapscan.).
- Cash on the day of the move.
PLEASE ENSURE THAT THE TERMS AND CONDITIONS ARE ALWAYS STRONGLY ADHERED
- You may not withhold any part of the agreed price for any reason whatsoever, unless agreed in writing with LoadALot.
- In the event of non-payment by you within 14 days, we will commence our legal Debt Collection procedure in respect of your case and we will pursue the amount due by you together with legal costs until they are settled in full.