TERMS AND CONDITIONS - USE OF THIS WEBSITE

Africatransport reserves the right to add, delete, or modify any provision this Agreement at any time without notice. Copyright  2010 - Africatransport. CEO and Webmaster: Silvan Pillay
 
Acceptance Of This Agreement
Your access to and use of this website ("the Website") is subject exclusively to these Terms and Conditions. You may not use this Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

General
We reserve the right to accept, reject, or terminate ads we believe are of an unethical, or illegal or placed without a proper mandate. We may or may not grant you the opportunity to provide documentary evidence that you are legally allowed to place a specific ad. We reserve the right, especially in the event your ad is in direct competition with our business. We shall not be bound to provide an explanation for rejecting or terminating an ad placed on this website. We provide this service in good faith, we however maintain our right to protect the interest of our own business.
 
Management Clause
The Service is provided on an "as is" basis without any warranty. Africatransport makes no condition or representation of any kind, that the service will perform to any particular standard or be free from any bugs, errors or remain unaffected by computer viruses or other similar features affecting the performance of such software. All such warranties and conditions, express or implied are expressly disclaimed, including any warranty or condition of merchantability of fitness for a particular purpose. Africatransport, its Administrators, Subsidiaries and/or Employees will not be liable for any claims or damages, direct or indirect, incidental or consequential which include but are not limited to, damages for loss of profits, business interruption or loss of information, arising from the use or inability to use the Service whether such claims or damages are based in tort including negligence or based upon any other theory of liability or cause of action.

Advice
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision. Users of this website must ensure that they conduct their own due diligence when concluding any transaction with others users via this website. Africatransport of its affiliated companies, members and  staff shall not be held responsible for any incidental matters that arise out of any transaction concluded between users of this website and the information contained herein.
 
Changes to Website, Software, and Services
Africatransport reserves the right to change or remove (temporarily or permanently): The Website or any part of it without notice and you confirm that Africatransport shall not be liable to you for any such change or removal - discontinue any software, service, or promotion (including but not limited to any previsions, parts thereof, licensing, pricing) as advertised on this website at any time without notice and you confirm that Africatransport shall not be liable for any such change or removal - any promotional discount vouchers or coupon codes at anytime with notice and you confirm that Africatransport shall not be liable for any such change or removal -  this Agreement at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
 
Links to Third Party Website's
The Website may include links to third party website's that are controlled and maintained by others. Any link to other website's is not an endorsement of such website's and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
 
Copyright
The Intellectual Property Rights in this website and the materials on or accessible via it belong to 'Africatransport' or its licensors. This website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this website).

For these purposes "Intellectual Property Rights" includes the following (wherever and when ever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.
 
Limitation Of Liability
The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

To the extent permitted by law, Africatransport will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

Africatransport makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Africatransport for death or personal injury as a result of the negligence of Africatransport or that of its employees or agents.
 
Indemnity
You agree to indemnify and hold Africatransport and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Africatransport arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
 
Severability
In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
 
Applicable Law and Dispute
This Agreement and all matters arising from it are governed by and construed in accordance with the laws of South Africa whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be South Africa.
 
Headings
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement. 
 
Entire Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

TERMS AND CONDITIONS - TRANSPORT SUBCONTRACTORS

Transport Services

1. Truck Owner shall provide Transporter with transport services using their own truck(s), trailers and drivers for the routes described in ANNEXURE A to transport the goods.
2. The Client may also offer other routes and rates to Transporter. Upon acceptance of such offer, Transporter shall inform Truck Owner of such routes and rates which shall form part of this agreement.
3. The transportation service shall, in accordance with established policies and procedures include the following:
a. Loading of goods at loading points.
b. Offloading of goods at offloading points.
c. Providing proof of delivery of goods in a good condition, and
d. Rendering Statement of Accounts and relevant documentation on a weekly and monthly basis, to Transporter as defined hereunder.

Duration of agreement

4. This agreement shall be effective on the start date as defined. This agreement shall be automatically renewed on a monthly basis for a minimum period of 12 (twelve months). Annual renewal shall be in accordance with performance measures discussed on a monthly basis. Notwithstanding however that this agreement may terminate in accordance with the termination of the contract between Client and Transporter (if Transporter does not meet Client expectations) or in accordance with either the Mine Life of the Mines and Collieries involved or supply and demand factors between the Mines, Power Stations and/or other places of loading and offloading of goods under this agreement.

Payment for transport services

5. The Rates (Excluding VAT) payable to Truck Owner for the provision of transport services is defined in ANNEXURE A.
6. Diesel shall be provided on account to Truck Owner and shall be deducted from the gross revenue (rate per ton).
7. Rates and the price of diesel are subject to change with notice in accordance with market changes. Such changes shall be communicated to Truck Owner. Refer ANNEXURE A.

Truck Owner, Truck requirements, Cargo restrictions and Drivers

8. Truck Owner is an independent contractor and the Truck Owner shall not be deemed to be an employee of Transporter.
9. Drivers shall be employees of Truck Owner and Truck Owner shall ensure to adherence to the Labour Laws of South Africa.
10. Truck Owner shall be responsible for any or all fines and penalties imposed by the State or other relevant Stakeholders.
11. Truck Owner undertakes to ensure that all trucks (including tarpaulins), transporting the goods are always in a road worthy condition and clean. Transporter and Client reserves the right to refuse loading trucks that are not road worthy, that have perforated tarpaulins or that are soiled with dust, dirt or other debris or do not meet any other safety and precautionary measures which are part of the Client’s Policy.
12. In the event of a breakdown, truck servicing, repairs and maintenance (“repair”), Truck Owner shall ensure that the truck is timeously attended to. Where such repair is expected to exceed 48 hours, Truck Owner shall inform Transporter. Truck Owner shall have the first option to replace the said truck within 48 hours. Transporter reserves the right to replace the said truck with another truck for the duration of this agreement belonging to another Truck Owner if it is believed that the said truck will be non-operational for a period exceeding 72 hours (unless arrangements have been made with and accepted by Transporter).
13. Truck Owner undertakes to ensure that all trucks are comprehensively and correctly insured for the transportation of goods under this agreement together with the applicable Goods in Transit Insurance. Transporter or Client shall not in any way be liable for loss or damage to Truck Owner’s trucks, trailers and any other assets owned by Truck Owner. The responsibility of asset protection rests with Truck Owner.
14. Unless otherwise discussed and agreed between the Parties, Truck Owner undertakes to ensure that trucks shall not transport any other goods while transporting the goods under this agreement.
15. All trucks shall be required to carry such logos and identification marks as Transporter (as directed by Principal Contract Holder or Mine Management) shall elect to place.
16. Truck Owner undertakes to ensure that drivers maintain a standard of conduct in accordance with established guidelines at loading and offloading points and as advised during their induction. Drivers shall wear safety gear, equipment and clothing and driver accommodation shall be the responsibility of Truck Owner.

Loading and Delivery Documentation

17. All original proof of delivery documentation, weighbridge slips, receipts and documentation of the goods carried in terms of this agreement shall be provided to Transporter on a weekly basis or on demand.  
18. No payment shall be made in terms of this Agreement until the said Proof of Delivery documentation, Weighbridge slips, receipts and/or other documents that have been properly signed and completed by the recipient and submitted to Transporter in accordance with established procedures.

Passing of Risk

19. Responsibility and risk to and for the product will pass to the Truck Owner upon the goods being loaded onto his truck and the driver having signed the documentation, and shall at all times remain with him until delivery of the goods by off-loading in accordance with the instructions given and with all delivery documentation having been signed by the duly authorised person at the offloading point.
Invoices and Payment Terms

20. Weekly statements of account in respect of work carried out by the Truck Owner during each and every seven days of the month must be rendered to the Transporter on every Tuesday morning at 10h00 or as otherwise indicated by Transporter to Truck Owner when such procedure may change in the event of Weekends and Public Holidays affecting month end closure. The statement of account shall set out:
1. Proof of Delivery Slips
2. Diesel Slips
3. Weekly statement of account in the form of a spreadsheet indicating the following:
o Vehicle Registration
o Route
o Tonnage
o Rate
o Diesel (Litres and Price)
o Amount Earned: (Tonnage x Rate) + (VAT) – Diesel Cost = Net Amount
4. Truck Owner undertakes to ensure that all documentation is rendered on time and any late submission of all relevant documents may affect the payment terms to Truck Owner.

21. Payment to Truck Owner will be 30 days after invoice allowing up to 5 -10 days after the 30 day period for Electronic Fund Transfers and in the case where month end may be affected by weekends and/or public holidays. Payment will be made directly from Transporter to Truck Owner within 24 hours after payment has been received by Transporter from Client.
22. Where truck owner withdraws his trucks without a 30 day notice period or any other reasonable period accepted by Transporter, all monies not paid out will be withheld as a penalty.

Damages and losses

23. All missing or damaged cargo and any excessive leakage during the period the goods is under the responsibility of Truck Owner shall be debited against the invoices based on the current value of the goods.

Sub-contracting

24. Unless otherwise agreed with Transporter, Truck Owner is not authorized to sub-contract some or all of the transportation services and shall remain liable and accountable for the transportation services and for the cargo at all times.

Force majeure

25. If at any time during the course of this agreement it shall become impossible for any of the parties hereto to perform any of its obligations for reasons of force majeure, that party shall promptly notify the other in writing of the existence of such force majeure, whereupon the party giving notice shall be relieved from such obligation or obligations as long as the force majeure persists.

Liabilities

26. Truck Owner shall have full and sole responsibility for and shall save Transporter harmless from any claim or liability arising in connection with death, physical injury, property damage or loss sustained during the execution of this agreement, except where attributable to the negligence of Transporter.

Notices

27. Any notice to be given under this agreement shall be validly sent if sent by facsimile or delivered by hand to the party to be notified at the address herein indicated.

Arbitration

28. Any dispute arising out of this agreement will be settled by amicable discussion between the parties. However, if this is not possible, the dispute shall be referred to arbitration in South Africa, one arbitrator to be nominated by Transporter and the other by Truck Owner. In case the arbitrators shall not agree, then legal action may be taken by either party. Each party shall bear its own legal costs and expenses where such legal action is taken.

Governing Law

29. This agreement is governed by South Africa law.

Language

30. It is hereby agreed that the terms and conditions stipulated in this agreement have been mutually accepted and understood. The parties agree that the valid language for this agreement shall be English. No part of this contract may be waived or disputed on the basis of misunderstanding of the text or any other linguistic difficulty on the part of either party.

Whole Agreement

31. This agreement contains the whole agreement of the parties, which cannot be varied or added to except with the written consent of both parties. In witness whereof, both parties have initialed each page and placed their hands and seals the day first herein referred to: