FREIGHT FACTORY TERMS & CONDITIONS
These conditions explain the rights, obligations, and responsibilities of all parties to this Agreement. Where we use the word ‘You’ or ‘Your’ it means the Customer.
‘We’, ‘Us’ or ‘Our’ means the “Company”. The “Company” being Freight Factor (Pty) Ltd trading as Freight Factory with offices at 46 Lakeshore Road, Capricorn Business Park, Muizenberg, Cape Town, 7975 and Unit 4 Samrand Circle, 2 Sterling Road, Kosmosdal, Samrand, Johannesburg, 0157. Registered in South Africa, Reg no : 2018/375813/07 and VAT Reg no : 4860284167.
“Our premises” or “Our warehouse” means our premises at 46 Lakeshore Road, Capricorn Business Park, Muizenberg, Cape Town, 7975 and Unit 4 Samrand Circle, 2 Sterling Road, Kosmosdal, Samrand, Johannesburg, 0157.
These terms and conditions can be varied or amended without notice
We limit or exclude our liability for loss and damage. We can arrange insurance for your benefit upon request. This insurance will be separate from this contract and subject to the terms and conditions of the policy. Unless otherwise stated, any claim is subject to a 5% excess and any claim that is handle via our office will be subject to an administration handle fee.
Please take particular note of section 14(1) which states we hold no liability for any costs associated with delays outside of our control
- Our Estimates / Quotations
- All sailing dates and ocean transit times are estimates; this may change without prior notice.
- Our quotations, unless otherwise stated, does not include insurance, cancellation/postponement waivers, customs duties, inspections, or any fees, or taxes payable to government bodies or agencies.
1.3 Some quotations may include charges in different currencies. The ZAR amounts will always be paid to Freight Factor (Pty) Ltd in South Africa whereas other currencies will be paid into our Foreign Investec account or paid to the destination agent by arrangement.
1.4 All quotations for shipping vehicles are based on them being running vehicles (unless stated otherwise).
1.5 Our quotation is valid for thirty days from the date of issue. Unless already included in our quotation, additional charges will apply in the following circumstances:
1.5.1 If the vehicle has been stored with us prior to shipping and you cancel your shipment.
1.5.2 If payment is made by credit card.
1.5.3 Destination Duties and GST, import permit and evaluation.
1.5.4 If the vehicle being shipped is modified or different to that we have mentioned in the quote.
1.5.4 If the vehicle does not fit in a container due to additional modifications e.g. wider arches, or parts in the vehicle.
1.5.5 If parts in the vehicle have not been fully disclosed to us in writing prior to accepting the quotation.
1.5.6 If any additional parts shipped separate to vehicle have to be exported from country of origin separately due to container loading restrictions, timing issues e.g. arriving at port later than rest of consignment.
1.5.7 Any customs charges, port charges, storage charges or shipping costs due to additional items shipped that do not fit in the vehicle. Destination charges and customs fees may be applied to the additional items that we hold no liability for.
1.5.8 Difficulty in collection of vehicles e.g. if we are not informed it is a non-runner, if vehicle parked in location difficult to access, if vehicle not available for collection at time/date agreed.
1.5.9 Any additional Roll-on-Roll-off shipment charges for example if vehicle becomes a non-runner prior to loading or is oversized from standard.
1.5.10 Our costs change because of currency fluctuations, changes in taxation, freight, fuel, ferry or toll charges beyond our control, additional port charges e.g. X-Ray, Customs stop.
1.5.11 Any fuel needed in order to move the vehicle other than for Police Clearance, eg. for repairs or restoration.
1.5.12 Removal of window tints are chargeable.
1.5.13 Erroneous quotations provided by our Sales Team for any variations due to incorrect information supplied, fluctuations in foreign currency exchange rates or any other matters beyond our control.
1.5.14 Additional marine insurance added due to other vehicles being shipped without stating the additional vehicle clearly in writing to us prior to accepting quotation e.g. quad, scooter or motorbike in vehicle
1.5.15 Port storage charges caused by delays in unloading, port handling or customs clearance.
1.5.16 Storage charges at our facility if vehicle is ready to collect but left beyond 7 days unless by prior arrangement.
1.5.17 All quotations exclude the charge for the release method. This charge may vary depending on the release method you require.
1.5.18 Once you have booked and a deposit has been paid for your shipment, if you wish to cancel after this point then a cancellation fee will be applicable (plus any costs incurred).
1.5.19 All quotations are based on vehicles not being loaded with additional items. If you do load your vehicle with extra cargo, then surcharges may be applicable. Please note if shipping via roll on roll off you will not be able to load additional items inside your vehicle, if you do your vehicle will be rejected at the port of origin.
- Vehicle Inspections
2.1 We strongly recommend anybody purchasing a car to have a full mechanical check carried out on the vehicle.
2.2 Any vehicle inspection you purchase through us is deemed to be a basic road test and photographic evidence-based inspection. It is not a full mechanical check unless clearly stated in writing that we have arranged this as a special additional service.
2.3 We will not be held liable for any defects missed in a vehicle inspection.
2.4 Although vehicle inspections include checking of paperwork, we hold no liability for errors on paperwork, unpaid licence fees, outstanding fines.
2.5 We will not be held liable for any mechanical defects discovered at any stage in the process on your vehicle.
2.6 We act on your behalf to organise vehicle inspections, any we do so on your behalf are subject to the terms and conditions set out by the inspection provider.
2.7 We advise levels to be checked and anti-freeze added prior to collection, we hold no liability caused by low fluid, oil or anti-freeze in the vehicle.
2.8 We strongly advise to ensure the vehicle is not ‘Radically Altered’ from the original build, e.g. a vehicle on an original title but has modified chassis, engine, brakes etc may incur additional taxes, testing and registration costs.
3.1 All pricing on our quotation is combined with ZAR and destination or origin currency depending on whether it is imported or exported and is exclusive of VAT.
3.2 Payment is due once the container has been shipped on board.
3.3 All payments must be paid to the value stated on the invoice in full. Bank fee’s and any transfer costs are for the clients account. Short-payments will be require re-payments from the client.
3.4 If arrangement has been made to pay destination charges to the destination agent, payment must be paid prior to arrival to obtain release. No shipments will be released without payment. All late payments will incur penalties, demurrage and storage fees which will be for your account.
3.4 We allow for 21 days whereby payment has not been received, thereafter we reserve the right to sell part or all the goods. The cost of sale or disposal will be charged to the client. Any eventual surplus will be paid without interest.
4.1 Where we engage an international transport, operator convey your goods to the place, port, or airport of destination, we do so on your behalf and subject to the terms and conditions set out by that carrier. Freight Factory (or any supplier contracted thereof) are in no way whatsoever liable for any damages or loss or theft whilst your goods / vehicle is in transit.
4.2 We hold no liability for any associated costs with any delays in collecting the vehicle e.g. storage charges, hire car costs, auction house costs.
4.3 We hold no liability for any mechanical checks or defects not noted at collection.
4.4 We hold no liability for any damage to vehicle interiors.
4.5 We hold no liability for any parts shipped within the vehicle.
4.6 We do not insure or hold any liability for any items collected by the transport operator unless specifically set up in writing prior to collection taking place.
4.7 We advise any original documents are mailed to ourselves or associated agents rather than handed to the driver.
4.8 We hold no liability for missing keys or documents handed to any transport operators.
4.9 We reserve the right to increase our quote or estimate if the vehicle is a non-runner and we have not been previously advised of this in writing.
4.10 Collection will be by open transport unless specifically quoted upfront or in writing.
4.11 We hold no liability for damage, theft or dirtying caused by weather if open transportation has been used if we were not implicitly instructed to use enclosed transport in writing prior to collection.
4.12 We do not hold any liability for any damage, mechanical defect, lien, title / registration missing, incorrect or non-expected date on title / registration or legal status of the vehicle that is already on the vehicle prior to shipping.
4.13 All goods collected / delivered must have a detailed inventory documented.
4.14 Any additional costs arising from collection / delivery arranged by Freight Factory or the client for that matter will be for the client’s account / expense. Vehicles delivered or collected by Freight Factory (or any supplier contracted thereof) representatives must be supplied with a comprehensive check sheet detailing all damages and associated details.
4.15 Any collections/deliveries that have been booked and confirmed to you, must be cancelled in writing at least 2 working days prior to the collection/delivery date.
- Loading and Customs Clearance
5.1 Your vehicle will be loaded by operatives that we instruct to do so on your behalf and so subject to the terms and conditions set out by them.
5.2 We do not hold any liability for damage caused by poor lashing / strapping / loading.
5.3 We reserve the right to increase or costs if vehicle is not as described, not in original state or condition and / or different to as be expected for a vehicle of that year/make/model.
5.4 We hold no liability for vehicles with excessive rot or damage caused by strapping to parts of the car which should reasonably be able to withhold a strap.
5.5 Vehicles in shared container may be loaded using industry standard forklift attachments, we do not hold any liability for damage caused by these machines.
5.6 Containers with infestation will need to be fumigated at destination ports and these costs will be automatically added to your invoice.
5.7 We do not hold any liability for illegal substances being shipped in the vehicle.
5.8 We do not hold any liability for items which must be secured, loaded or shipped separately if they do not fit within the vehicle. Additional securing, shipping and customs charges are likely to apply.
5.9 Sometimes customs will stop a vehicle / container being loaded and it has to be delivered back to quayside and subsequent storage applies, we do not hold any liability for these charges and will add them to our invoice.
5.10 Without a valid original title your car will not be able to be exported (unless it is a race car or parts, and we are provided with notarised bill of sale). Storage charges are applied at many foreign ports if original documents are not received within 14 days
5.11 We do not hold any liability for ensuring your title gets to our offices in country of export.
5.12 All cargo will be classed as non-hazardous (unless stated otherwise). This may involve certain measures actioned by Freight Factor (Pty) Ltd to assure this is the case. Freight Factor (Pty) Ltd will not accept liability for any measures that may need to be taken to ensure all cargo is shipped as hazardous.
5.13 For containers delivered / collected to/from customer premises, No loading/unloading assistance will be provided (unless stated otherwise).
6.1 All Business is transacted in accordance with the Standard Trading Conditions of South African Association of Freight Forwards.
6.2 We do not hold any liability for items put in the car that are not clearly notified to us in writing prior to collection as personal effect shipments.
6.3 We make all reasonable judgement as an experienced vehicle shipper to use only quality shipping providers in terms of loading, shipping and unloading vehicles, we do so on your behalf and subject to the terms and conditions set out by that shipper.
6.4 Other than as a result of our negligence or breach of contract we will not be liable for any loss, damage or failure to produce the goods as a result of:
6.4.1 Normal wear and tear, natural or gradual deterioration, leakage, or evaporation or from perishable or unstable goods
6.4.2 Damage caused to the vehicle by items shipped within the vehicle.
6.4.3 Moth or vermin or similar infestation.
6.4.4 For any goods which have a pre-existing defect or are inherently defective.
6.4.5 Mould inside/outside of the vehicle.
6.4.6 You must declare the correct weight/container number and seal number of any containers you load.
6.4.7 It is the shipper’s responsibility to ensure that the vehicle/unit/cargo complies with the destination country’s import regulations and documentation requirements.
6.4.8 All cargo must be suitably packed and prepared.
6.4.9 We are not liable for any paint defects that may occur whilst the vehicle is in our care or whilst in transit.
- Unloading, Destination Port and Destination Customs
7.1 If your vehicle is not unloaded at our premises, by our staff, we will use an agent appointed on your behalf and subject to the terms and conditions set out by that agent
7.2 The ports charge a daily storage fee per day, this is chargeable following 3 days of the container being unloaded. Some third-party bonded warehouses charge a rate per CBM per day. We will not be liable for any storage charges caused by delays in container movement or customs clearance outside of our control.
7.3 We hold no liability for SA import duties – any values we give you prior to SA customs clearance are only estimations and may fluctuate from the actual payments asked for by customs.
7.4 X-Ray or customs inspections are charged to the customer at cost.
7.5 We hold no liability if your vehicle is refused entry into SA or any destination country.
7.6 It is your responsibility to ensure dates on documents handed to customs including entry forms, proof of age, etc are correct. We hold no liability for additional taxes, charges, duties, etc. due to any dates on incorrect paperwork.
7.7 Removing vehicle from port or any of our warehouses without informing us of any issues within 24 hours implies that you are happy with the vehicle condition, both mechanically and physically and no further claims can be made.
7.8 For containers delivered / collected to/from customer premises, no loading/unloading assistance will be provided (unless stated otherwise).
- Transport to the workshop
8.1 Transport to our workshop will be arranged by us for you with a suitable transport provider and we do so on your behalf, subject to the terms and conditions set out by that shipper.
8.2 We hold no liability for damage caused by transport arranged with a third party.
8.3 Any damage caused by a third-party provider we can arrange for repair under their insurance policy.
- Termination & Refunds
10.1 We offer no refunds due to delays outside of our control.
- Additional Services and Offers
11.1 We will not be held liable for any delays when using this service
11.2 If the seller / buyer pulls out of the sale of the vehicle and we have already sent the funds to the overseas agent, the below charges maybe applicable.
- ESCROW Fee
- Cancellation Fee
- Overseas Trucking Charges (if we have sent a truck to collect or with 48hours of the booked collection)
11.3 If the sale of the vehicle turns out to be a scam and we have tried to process the ESCROW service, charges in 11(2) will be applicable.
11.4 We do not carry out a full vehicle inspection on the vehicles and if the vehicles have mechanical and structural defects, we will not be held liable for these. (note this is a payment service only).
- General Timescales and Additions
12.1 We do not guarantee any delivery times – we work as hard as we can to have your vehicle at destination as soon as possible – we cannot control certain factors such as the weather, customs, etc. and so do not hold any liability for delays nor any costs associated with any delays, for example hire car costs, missed events/holidays/shows due to delay of vehicle.
12.2 We shall not be liable for delays or failures to provide the services under this agreement as a result of war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, adverse weather, third party industrial action, re-scheduled sailing, departure or arrival times, port congestion, or other such events outside our reasonable control.
12.3 Any complaint with respect to any services carried out by us must be restricted to communications with us only. We will not be liable for resolving any mistakes, issues or problems unless all correspondence remains with us.
12.4 Shipments are based on the quotations mentioned frequency and transit times however this may vary due to market forces, vessel availability, weather, strikes, custom holds and other forces outside of our control.
13.1 In the unfortunate event of loss or damage to your cargo in transit, the liability of Freight Factory and/or the shipping lines, carriers, or other cargo handlers to pay compensation will be strictly limited to a very small amount or even excluded altogether.
13.2 You are shipping your goods at your own risk. To protect your property, it is of vital importance that you have Marine Cargo Insurance. You can either arrange it yourself or ask us to do so on your behalf. If you ask us to do so, we will arrange it efficiently, at a competitive price and with minimum fuss. Please contact us for a quotation.
13.3 This subject is of such importance that we will be unable to progress your shipment unless you have given us a prior instruction to arrange cargo insurance or you have confirmed you have made your own insurance arrangements or have elected to proceed without insurance in the full knowledge that you are unlikely to receive full compensation or any compensation at all in the event of loss or damage.
13.4 Insurance Exclusions
- Mere mechanical, electrical and electronical disturbances
- Rust, Oxidation, Discoloration, Twisting and Bending
- Simple/mysterious disappearance
- Radioactive Contamination, Chemical, Biological, Bio-chemical and Electromagnetic weapons
- Abandonment for Radioactive Goods
- Cyber Attack
- Joint Sanction Clause
- Abandonment and Piracy
- Strikes, Riots, Civil Commotion, Terrorism
- Confiscation exclusion
- Deductible / Excess payable by client for any one claim
13.5 In the event that you do opt and pay for Freight Factory insurance, please check with your respective Freight Factory representative as to what this insurance does and does not cover.