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TransMovers & Transporter Terms and Conditions

It is your obligation to ensure that these terms and conditions have been read and understood as all work carried out by TransMovers and Transporters is subject to these terms and conditions.

You as the customer by requesting a quotation using our website platform acknowledge that you are accepting our terms and conditions. All correspondence henceforth may be recorded for quality and security purposes

Herewith are the Terms and Conditions for the BOOKING SERVICES offered by TransMovers for FURNITURE REMOVALS, STORAGE and INSURANCE RISK COVER with its National Furniture Moving Partners called Transporters. These conditions explain your rights, obligations, and responsibilities and those of TransMovers for making a booking on your behalf with its Partners of Furniture Movers. Where these conditions use the word ‘you’ or ‘your’ it means you as the removal customer. The terms ‘we’, ‘us’, ‘our/s’ refers to TransMovers. The terms ‘Transporter’, ’Transporters’,’ Partner’ refers to the National Moving Partners who are located across the country that TransMovers makes a booking with on your behalf.

1.  Broker Booking Service

TransMovers is acting as the broker between you and the Transporter to find you the best rates and service for your furniture removal requirements. We will connect you with the transporter of your choice as soon as your booking has been confirmed with us. We will ensure that a detailed booking is made with the transporter on your behalf however we do not hold any responsibility if the transporter decides to cancel your move request, change dates, change the quotation, if your items are damaged in the process and if there is any loss or injury. We will do our best to assist you if the above-stated events happen but keep in mind that we are not held liable if we are unable to assist you. If you do feel that the transporter fulfilling your move request is violating our Transporter Policy, you can contact us immediately and we will either suspend or terminate the transporter in question from the use of our platform or services until further notice. We reserve the right to keep our booking service fee of the quotation paid to us in the event of the above stated or the cancel policy will apply. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

2.  Indemnification

In no case shall TransMovers, our managing members, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers, transporters or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, expenses, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Our liability shall be limited to the minimum extent permitted by law. You agree to indemnify, defend and hold harmless TransMovers and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns, transporters and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

3. Quotation

3.1 The quotation provided to you is under no obligation to accept. The removal quotation issued by us (“the quotation”) is a fixed price confirmed with the transporter and with our booking service fee added. Unless otherwise stated on its face, it does not include full comprehensive risk cover, VAT, customs duties and inspections or any other fees payable to government bodies. We or Transporters may change the quoted price for the removal or invoice additional charges if any of the following have not been taken into account when preparing the quotation or, if separately confirmed by us in writing:

a) You do not accept the quotation in writing within 15 days, providing at the time of acceptance a firm removal date which we agree to in writing.

b) By reason of your delay, the removal is not carried out or completed within one months of the date of acceptance of the quotation.

c) Transporters costs increase because of currency fluctuations, changes in taxation, freight charges, share-load availability, double bookings, route changes, road conditions and diesel/fuel prices for reasons beyond our control.

d) The quotation has been prepared from the information given by the customer should there be any changes within the inventory list, distances, stair levels and date of removal.

e) Transporters supply any additional services not included or requested to be included in the quotation, including moving or storing extra goods (these conditions will apply to such work in any event).

f) The stairs, lifts or doorways at the property are inadequate for free movement of the goods without the need for mechanical equipment or structural alteration, or the approach, road or drive to the property is unsuitable for Transporters vehicles and/or containers to get to and load and/or unload within 20 meters of the doorway, and as a result Transporters have to carry out extra work not included within the quotation.

g) Any parking or other fees or charges that have to be paid by Transporters in order to carry out the removal services on your behalf.

h) There are delays or events outside Transporters reasonable control.

i) Items to be lifted/carried/loaded/moved require more than 4 men to be lifted /carried /loaded / moved.

3.2 The onus is on you to inform TransMovers in writing of extra goods which were not part of the quotation or booking. We will provide you with a separate quotation which you will need to approve prior to us transporting any extra goods.

4. Work not included in the quotation

Unless agreed by us and Transporters in writing, they will not, as part of the quoted removal services:

a) Dismantle or assemble unit or system furniture, fitments or fittings.

b) Disconnect or reconnect appliances, fixtures, fittings or equipment.

c) Take up or lay fitted floor coverings.

d) Move storage heaters, unless they are dismantled.

e) Transporting of extra goods that are not approved as part of the booking contract.

f) Move items from a loft or cellar, unless properly lit, and floored and safe access is provided.

g) Move or store any items excluded under clause 6 of these conditions.

Transporters staff will not be authorized or qualified to carry out such work. It is recommended that a properly qualified person is separately employed by you to carry out these services, if required.

5. Your responsibility

It will be your sole responsibility to:


a) To confirm in writing with TransMovers should you have any extra goods or additional services requirements on the day of your move.


b)Declare to us the value of the goods being removed and/or stored.


c) If any risk cover offered by us in the quotation is not accepted (and paid for in advance of the start of the removal), arrange adequate risk cover for the goods submitted for removal, and/or storage, against all insurable risks.


d) Obtain at your own expense, all documents, permits, licenses, and/or customs documents necessary for the removal to be completed.


e) Be present or represented throughout the removal with Transporters.


f) Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.


g) Arrange proper protection for goods left in unoccupied or unattended premises, or where other people such as (but not limited to) tenants or workmen are, or will be present.


h) Prepare and properly stabilize all appliances or electronic equipment prior to their removal.
Empty, properly defrost and clean refrigerators and deep freezers. Transporters are not responsible for the contents of this equipment.


i) Provide Transporters with a collection and delivery address for correspondence during removal, with more than two contact details and/or storage of goods. We and Transporters will not be liable for any loss or damage, costs or additional charges that may arise from any of these matters.


j) Keep copies of collection and delivery notes for record and to resolve disputes.



6. Goods not to be submitted for removal or storage


The following items are specifically excluded from this contract unless otherwise agreed in writing.


a) Jewelry, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind.


b) Prohibited or stolen goods, drugs, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.


c) Plants or goods likely to encourage vermin or other pests and/or plants or goods likely to cause infestation.


d) Refrigerated or frozen food, drink, products or goods.



e) Any animals and their cages or tanks including pets, birds or fish.


f) Goods which require a special license or government permission for export/import or translocation. Such goods will not be removed by Transporters except with their prior written agreement. In the event that they do remove such goods, TransMovers and Transporters will not accept liability for loss or damage wholly or mainly attributable to the special nature of the goods concerned. If you submit such goods without Transporters’ knowledge and prior written agreement we, transporters will not be liable for any loss or damage and you will indemnify us and Transporters against any charges, expenses, damages or penalties claimed against them. In addition, Transporters shall be entitled to dispose of (without notice) any such goods which are listed under clause 6.



7. Ownership of the goods


By entering into this contract, you declare that:


a) The goods to be removed and/or stored are your own property, or


b) The person(s) who own or have an interest in them, have given you authority to make this contract, and have been made aware of these conditions.


c) You will meet any claim for damages and/or costs against us and Transporters if these declarations are not true.



8. Charges if you cancel the removal


a) We and Transporters reserve the right to cancel the removal at any time should client breach any of the terms and conditions.


b) Cancellation fees shall apply should you need to cancel your booking


c) 100% of the full removal charge will be applicable.


d) All deposits are non-refundable.



9. Paying for the Removal


Unless otherwise stipulated on your booking or agreed by us in writing:


a) A 50 percent EFT payment is required in order to secure your booking and will need to reflect in our bank account prior to collection of your goods, although the full amount is more preferable to avoid any additional bank changes or delays.


b) The remaining balance payment will need to be paid before collection and will need to reflect in TransMovers bank account prior to the delivery being scheduled.


c) You may not withhold any part of the agreed price or any additional services costs for any reason whatsoever, unless agreed to in writing by TransMovers.



10. Our liability for loss or damages


Reference to an item is reference to any one article, suite, pair, set, complete case, carton, package or other container. TransMovers and Transporter liability for loss or damage is limited. This is set out in clause 10 below.


a) Liability for loss or damage


(i) In the event of a Transporter losing or damaging your goods, if they are liable, TransMovers will pay you up to a maximum sum of ZAR250.00 for a maximum of 5 items lost or damaged, to cover the cost of repairing or replacing that item. Where any item is part of a pair or set, TransMovers will only pay for the actual parts which are lost No payments will be made for articles that are not damaged or lost.



OR


(ii) TransMovers, in their sole discretion, may choose to repair or replace the damaged item. If an item is repaired TransMovers will not be liable for depreciation in value.


b) Other than by reason of Transporters negligence, they will not be liable for any loss, damage or failure to produce or deliver the goods if this is caused by one or other of the circumstances set out in the following:


(i) By fire, collision, overturning or any acts of nature howsoever caused.


(ii) By war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside Transporters reasonable control.


(iii) By normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods.


This includes goods left within furniture or appliances.


(iv) By moth or vermin or similar infestation.


(v) To any goods in wardrobes, drawers or appliances, or in a package, bundle, case or other container not both packed and unpacked by Transporters.


(vi) For electrical or mechanical defects to any appliance, instrument or equipment


(vii) To jewelry, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of a similar kind, howsoever caused.


(viii) To any goods which have a relevant proven defect or are inherently defective.


(ix) To animals and their cages or tanks including pets, birds or fish.


(x) To plants and pots in which they are housed/contained.


(xi) To refrigerated or frozen food, drink, products or goods.


c) We and Transporters are not liable for any scratches and dents of goods during transit.


d) We and Transporters will not be liable for damages or costs resulting indirectly from, or as a consequence of loss, damage, or failure to produce the goods.


e) No employee of ours and Transporters shall be separately liable to you for any loss, damage, mis-delivery, errors or omissions under the terms of this contract.



11. Risk Cover/Insurance


11.1 Option 1: We offer free GIT (goods in transit) cover to a value of R150000. This ONLY covers F.O.C (Fire, Collision and Overturning). It excludes: breakages, damages, theft and hijacking. You will be liable to pay the excess fee in the event of a claim. You will need to take full comprehensive insurance cover as in point 11.2 below for Full Comprehensive Risk Cover.


11.2 Option2: Full Comprehensive Risk Cover


Full comprehensive risk cover is highly recommended for those unforeseen events that may occur.


a) Cover excludes breakages of all fragile articles, which include, but are not limited to, mirrors, pictures, crockery, china, etc, unless professionally packed by Transporters.


b) Cover excludes Antiques, Artworks and paintings unless they have been valued beforehand and approved by the risk cover company.


c) Cover excludes mechanical and electrical defects.


d) Cover excludes scratches and dents of goods.


e) The maximum liability for the loss of any one item not professionally packed, is limited to R200.00


f) The maximum liability for the loss of any one box, carton, crate, trunk suitcase, or similar item, not professionally packed, is limited to R200.00


g) Cover excludes loss or destruction of Money, Medals, Jewelry, Watches, Precious Stones and the like, Precious Metal and Bullion.


h) You are advised to cover items for their full value. In the event of under risk cover, “Average” will apply.


i) The period of cover, notwithstanding the 7-day period allowed for submission of a claim, expires on final delivery.


j) The risk cover Company may at its own option repair, reinstate or replace any property loss or damage or may pay the amount of the loss or damage. Where any item is part of a pair or set, Underwriters will only pay for the actual parts which are lost or damaged. No payments will be made for articles that are not damaged.


k) The Insurance Company’s liability (or our or the transporters liability if liable) for any claim or claims is limited to the sum covered.


l) Explosives, firearms, ammunition, livestock, plants and pot plants, water features, are excluded from the Policy.


m)On payment of the appropriate additional premium mechanical defects cover is included provided these are genuine kitchen and household appliances (excluding electronic equipment of any kind) and provided that the appliances are prepared for transit in accordance with the manufacture’s recommendations. The onus rests with you to ensure this is done.


n) The onus rests with you to ensure that your appliances such as TV’s , Fridges, washing machines and any other appliances are tested in the presence of the Transporter so it is verified that the goods are in working condition prior to packing.


o) Risk Cover covers your goods from your collection point to your delivery point, if storage is the delivery point, the cover expires on delivery to the storage facility.


p) Excess payable by you in the event of a claim: 10% of claim (minimum ZAR5,000.00), payable by you, the customer.


q) We and transporters may, at its discretion, choose to settle the claim without claiming through our risk cover brokers/companies. The excess will remain the same.



r) Prior to claim settlement, the salvage shall be collected by us or Transporter.


s) In the event of all, or any, of the premium not being paid prior to delivery/receipt of the goods, the risk cover shall be null and void.


t) Simplified Claim procedure to be followed by the customer


(i) Copies of collection and delivery notes and a detailed inventory of items claimed for must be submitted to Transmovers within seven (7) days of delivery


(ii) Three written estimates covering the cost of repairs and/or replacement values must accompany the list


(iii) Pictures of the damages must be submitted with the claim (iv) Failure to comply with points (I), (ii) and (iii) above will render your claim null and void.


u) Time limit for claims


(i) For goods which Transporters deliver, you must note any visible loss, damage or failure to produce any goods at the time of delivery and record it on the delivery note.


(ii) If you or your agent collects goods from our warehouse, you must note any loss or damage at the time the goods are handed to you, requesting that the Transporter acknowledges and confirms your note.


(iii) TransMovers and Transporter will not be liable for any loss of or damage to the goods unless a claim is notified to TransMovers in writing as soon as such loss or damage is discovered and in any event within seven (7) days of delivery of the goods by the Transporter.



12. Delays in transit


a) We and the transporter will not be liable for delays in transit. This includes any additional expenses incurred by yourself for board and lodge or any other personal expenses. TransMovers as your booking agent will however at its discretion make an accommodation booking for 1 night of maximum value of R500 for you at a B&B should a transporter not honor the delivery date schedule. The maximum limit being R500 for the accommodation. This will not be applicable should the reasons be beyond the transporters control.


b) If through no fault of the Transporter, the Transporter are unable to deliver your goods on the allocated day, the transporter will take them into store. The contract will then be fulfilled and any
additional service(s), including storage and delivery, will be at your expense.


c) If we are unable to complete the removal services on the stated delivery day and time due to delay on your part we and the Transporter may be entitled to charge for additional charges, such as for extra waiting time.



13. Damage to premises or property other than goods


d) We and Transporter will not be liable for any damage to premises or property.




e) If Transporters cause damage as a result of moving goods under your express instruction, against our advice, and to move the goods in the manner instructed will inevitably cause damage, they shall not accept that they were negligent.


f) If Transporters are responsible for causing damage to your premises or to property other than goods submitted for removal and/or storage, you must note this on the worksheet or delivery receipt.



14. Right to Hold the Goods (lien)


We and Transporters shall have a right to withhold and/or ultimately dispose of some or all of the goods until you have paid all charges and any other payments due under this or any other contract. These include any charges that they have paid out on your behalf. Whilst Transporters hold the goods without payment you will be liable to pay all storage charges and other costs incurred as a result of them withholding your goods and these removal/storage terms and conditions shall continue to apply.



15. Sub-Contracting the work


a) TransMovers as your booking agent reserves the right to sub-contract some or all of the work out to preferred Transporters.


b) If TransMovers sub-contract, then these conditions will still apply.



16. Route and Method


a) Transporters have the full right to choose the route for collection and/or delivery.


b) Unless it has been specifically agreed in writing on the Quotation, other space/volume/capacity on our vehicles and/or container may be utilized for consignments of other customers utilizing share-load methods.



17. Extra Conditions that Apply to Storage


Storage refers to goods stored in our or Transporters warehouse and self-storage facilities, but is not limited to warehouse and self-storage storage.


a) Forwarding address


If you do not provide an address or respond to our correspondence or notices, we may publish such notices in a public newspaper in the area to or from which the goods were removed.


b) Revision of storage charges


We and Transporters may review their storage charges periodically. You will be given twenty-eight (28) days’ notice in writing of any increases.


c) Right to Sell or Dispose of the Goods



On giving you twenty-eight (28) days’ notice we and Transporters is entitled to require you to remove your goods from their custody and pay all money due to them. If you fail to pay all outstanding debts due to us or Transporters they are entitled to sell or dispose of some or all of the goods without further notice. The cost of the sale or disposal will be charged to you. The net proceeds will be credited to your account with the removal company and any eventual surplus after settlement of all money (and charges) due to us and Transporter will be paid to you (without interest).


d) Termination


If payments are up to date, we and Transporters will not end this contract except by giving you three (3) calendar months’ notice in writing. If you wish to terminate your storage contract, you must give us and Transporter at least fourteen (14) days’ notice. If they can release the goods earlier, they will do so, provided that your account is paid up to date. Charges for storage are payable to the date when the notice should have taken effect.


e) Handling fees


If you make your own arrangements to collect or deliver the goods from/to our and Transporters warehouse we are entitled to charge a handling fee. Our and Transporters liability will cease upon handing over the goods.


f) Self-Storage


The onus is on you, the client, to ensure that a representative is present to load and/or deliver goods from/to a self-storage unit.


We and Transporters are not under any circumstances responsible for the consignment in a self-storage unit.


18. You automatically accept our terms and conditions including those of the Transporters should you be using our booking service.