Definitions: In this Agreement, unless the context requires otherwise:
"Act” means the Contract and Commercial Law Act 2017 as amended from time to time.
"Agreement” means the agreement constituted by the account application form, these conditions, and any variation or amendment made in accordance with these conditions.
"Carriage” means the whole of the operations and services provided by the Company in respect of the receipt, carriage and delivery of the "goods”.
"Company” means TRUST MOVERS LIMITED its employees, agents (Delivery Partners), subcontractors, and assignees.
"Customer” means the person, firm or company specified as the Customer and which term includes any "Contracting Party” in terms of the Act.
"Dangerous Goods” includes firearms, noxious, dangerous, or inflammable goods, any goods likely to cause damage or which it is unlawful to carry, or advised by the Company from time to time to be dangerous goods.
"Goods” has the meaning given to it in the Act.
"High Risk Items” includes bullion, cash, coins, negotiable instruments, (such as vouchers) securities or bearer securities (including credit cards and uncrossed cheques), traveller’s cheques, precious stones, jewellery, stocks, bonds, antiques, paintings or any works of art, passports, goods of a fragile nature, Dangerous Goods, Perishable Items, second hand car parts, items over 1.8metres in length, or any other high risk item advised to the Customer by the Company from time to time as such.
"Perishable Items” means goods of a perishable nature, refrigerated items and/or items which need to be delivered within a limited time span.
"Proof of delivery” means company stamp, receiver’s signature (whether receiver is consignee or any person at the consignee’s address), scanned bar code, electronic name, electronic signature or any other reliable acknowledgement of receipt.
This Agreement is made between the Customer and the Company. All business undertaken by the Company, including the provision of any advice, information or other services, is undertaken upon and subject to this Agreement
Where the Customer is a business (as defined by the Consumer Guarantees Act 1993), it agrees that is acquiring the Company's services for the purpose of a business and that the Consumer Guarantees Act 1993 does not apply. Where the provisions of the Consumer Guarantees Act 1993 apply, the provisions of this Agreement will be read subject to the application of that Act, and in the case of any conflict, the provisions of that Act will apply.
Subject to the provisions of the Act, Sections 284, 285, 286, 287, 288, 289, 290, 291 and 292 shall apply to this Agreement only to the extent that they extend or enlarge the Company's rights and powers in terms of this Agreement. Sections 274, 275, 276, 277, 278, 279 and 280 are modified by clause 19 of this Agreement and the relevant sections shall, in relation to any matter arising out of the provisions of those sections, have effect subject to the express terms contained hereunder.
The Company may subcontract the performance of all or any part of this Agreement.
The Customer undertakes that no claim or allegation shall be made against any subcontractor, servant or agent of the Company which attempts to impose any liability whatsoever in connection with the performance, manner or performance or non-performance of the Company's obligations hereunder.
The Customer expressly warrants to the Company that it is the owner or the authorised agent of the goods and that it is authorised to accept and does accept this Agreement not only for itself but also for and on behalf of all other persons who are or may hereafter become interested in the goods. " arrows or "This way up" markings) or any similar markings.
Subject to the other provisions of this Agreement (in particular but not by way of limitation clauses 12 and 13), goods are accepted for Carriage by the Company at the time the Company collects those goods for delivery. The Company shall have no liability whatsoever in respect of those goods prior to that time.
The goods shall be deemed to have been delivered when they are physically deposited at the address given to the Company by the Customer or consignee for that purpose, or have been collected from the Company's premises or an authorised agent of the Company. The Customer accepts that no form of acknowledgement that delivery has occurred is required to be obtained except in those instances where the Customer has specified, and the Company has agreed, that the Company obtain proof of delivery. In addition, where:
the delivery is to a rural area (an additional 2 or 3 days for delivery may be required); or the consignee has signed an Authority to Leave form;
the Customer agrees that no proof of delivery or form of acknowledgement that delivery has occurred need be obtained, regardless of any form of ticket used.
The company can only deliver to a physical address. We are not liable for the loss of any item that is presented to us for delivery to a postal address.
The company will endeavour to deliver items (correctly addressed) within the delivery target for the "said" service. However, we do not guarantee delivery of your item within these delivery targets.
The Customer warrants that all goods have been labelled correctly and that the contents of packages are adequately and securely packed, wrapped and cushioned for courier transportation. The Company does not provide special handling for packages bearing "fragile", package orientation markings (eg. "UP " arrows or "This way up" markings) or any similar markings.
Insurance of the goods is the responsibility of the Customer.
The Company retains the right to open any package, inspect any goods, and refuse Carriage to any person in respect of any consignment that by reason of the dangerous or other character of its contents is likely, in the sole judgment of the Company, to soil, taint, or otherwise damage other goods or equipment carried by the Company or that is economically or operationally impractical to transport, or that is improperly packed or wrapped.
The Customer will indemnify the Company against all losses, penalties, claims, damages (including damage or deterioration by or to any other consignment), costs and expenses of any kind whatsoever, howsoever caused or arising and, (without limiting the generality of the foregoing) whether caused or arising:
All goods (and documents relating to goods) shall, immediately they come into possession of the Company, be subject to a particular and general lien and right of detention for all moneys due to the Company by the Customer or the consignee, consignor or owner, whether in respect of such goods or otherwise. If any moneys due to the Company are not paid within fourteen (14) days after notice has been given to the person from whom the moneys are due that such goods are being detained, then they may be sold by auction or otherwise at the sole discretion of the Company and at the expense of such person, and the net proceeds applied in or towards satisfaction of any such indebtedness. Any such sale shall not prejudice the right to recover any balance due or payable in respect of the services provided hereunder or the cost of the said detention and sale. If at any time payment from the Customer to the Company shall be in arrears, any subsisting obligation of the Company shall be suspended and the Company shall not be under any liability to the Customer during such period.
The Company shall be under no liability whatsoever unless:
Any notice to be given under this Agreement shall be deemed to be received if delivered, or forwarded by registered post, to the registered office of the party to receive it or the usual or last known residence or place of business of such party.
The Company may review, vary and amend this Agreement at any time provided any variations and amendments are notified to the Customer. Except as provided for in clause 23, no variations or amendments to this Agreement shall be binding on the Company unless they are in writing, signed by or on behalf of both parties.
The Company shall not be liable to the Customer for any failure to carry out its obligations or for any loss or damage suffered by the Customer where such failure or such loss or damage is caused by mechanical breakdown of any equipment, weather conditions, strikes, lockouts, labour disputes or restraint of labour, act of God, war (whether declared or not), any act, regulation or restriction imposed by Government, riot or civil commotion, any act or omission of the Customer, its servants, subcontractors or agents, or any cause beyond the control of the Company.
The terms and conditions set out herein shall prevail over the terms and conditions set out in any document used by the Company (unless expressly acknowledged to override this Agreement), the Customer, the owner or any other person having an interest in the goods and purporting to have a contractual effect.
All information about our conditions of carriage were correct at the time of printing.