Conditions Upon Which Goods Are Removed, Packed and Warehoused


THE CONTRACTORS are not common carriers and do not undertake the obligations or liabilities of a common carrier. THE CONTRACTORS may at their absolute discretion refuse to accept for carriage of any goods or any class of goods and shall not be obliged to assign any reason for such refusal. THE CONTRACTORS accept goods for carriage only upon these terms and conditions.

Estimates are given on the understanding that the work can be carried out in the method to be decided by the Contractors and without interruption or hindrance. Interruption or delay may increase the cost and necessitate an extra charge. Estimates may be subject to amendment if not accepted within 21 days of the date thereof.

Estimates are given on the condition that work can be conveniently carried out by means of the ordinary staircases and doorways and that there is an adequate and practical road and approach to the door of the building within which the goods are to be placed available for the vehicles of the Contractors, otherwise an extra charge will be made. Should window and/or other tackle be necessary it will be used at the Contractor’s discretion and at the customers risk and expense, and the customers shall indemnify the Contractors against all claims whatsoever made against the Contractors arising out of the use of such tackle, except claims by the Contractor’s workmen. It is understood that if premises are difficult to approach, with the particular type of vehicle used by the contractors at their entire discretion, or are not on a public road, delivery is completed when the vehicle is brought to the nearest accessible point and there offloaded. The accessibility as determined by the Contractors will be final.

Every endeavour will be made to carry out the work by the time desired, but the Contractors will not be liable for any loss from any cause beyond their control, e.g. delay in railway, road or sea transit, mechanical breakdown, stress of weather, labour troubles.

Estimates do not included the taking down and putting up of curtains, fixtures, gas, electric or other fittings, or billiard tables ; the relying or fitting of carpets or floor coverings; the refixing of blinds, mirrors, cornices or other fittings; or the rehanging of pictures, but if such work is done these conditions apply thereto.

The Contractors will not accept for removal and/or packaging and/or warehousing any dangerous or damaging or explosive articles or substance, or for storage of food, or anything likely to encourage vermin or other pests, and no claim shall be made against the Contractors for loss or damage due to or arising out of the presence of such articles or substance. The customer shall be liable for and indemnify the contractors against any claims made and for any loss or damage that may be suffered by the Contractors or any third party through the presence of such articles or substances amongst the customers goods. If any article or substance is discovered, the Contractors may, at their discretion, remove, sell, destroy or otherwise dispose of same, and shall not be responsible or accountable for the value thereof.

The Contractors shall not be responsible for any loss or damage of any nature whatsoever sustained or suffered by you and howsoever, and from whatsoever cause arising and even if we and/or our servants and/or our agents are negligent, the basis of this quotation being that our work and storage will be affected entirely and solely at your risk.

The Contractors will, when specifically instructed in writing by the customer to do so, and following prior payment by him of the requisite premium, arrange wide insurance protection on the Contractors own “All Risk Declaration” Policy, but always excluding loss, damage and expense caused by:-

(i) Delay, Confiscation, Detention or Loss of Market.

(ii) Moth, Vermin, Rats, Inherent Vice, Wear and Tear, Deterioration or Depreciation, including Depreciation arising from
process of cleaning, repairing or restoring.

(iii) Rust (unless due to accident to carrying vehicle) or Climatic or Atmospheric Conditions or extremes of temperature.

(iv) Breakage, Scratching or Chipping of gramophone records or musical instruments of any type, unless due to an accident
by the carrying vehicle.

(v) Mechanical or Electrical Derangement (unless due to an accident to the carrying vehicle), of Clocks, Barometers, Scientific
or Musical Instruments, Television Receivers, Radio Sets or Gramophones, Sewing Machines, Refrigerators, Stoves,
Electrical Appliances, Typewriters, Cameras or Photographic Equipment.

(vi) Breaking of gas pipes of refrigerators is classified as derangement.

In general, Conditions of this Insurance are:-

(a) The first R1000 of any claim is excluded.

(b) Cash, Bank Notes, Stamps, Securities of any kind, gold, silver, or platinum articles, jewellery, precious stones, medals are excluded. Documents of any other type are covered for their cost of restoration or replacement, but not for any value for information contained in them, nor for the liability accruing from their destruction or loss.

(c) It is subject to Average and Full Value of the complete household including all effects must be insured. Insurance for less than full value will mean a proportionate reduction in any claim.

(d) Reinstatement, Repair or Replacement of property lost or damaged may be effected instead of paying the amount of any loss or damage.

(e) Liability for any articles forming part of a pair, set or collection is limited to a pro rata proportion of the overall value of the pair, set or collection.

(f) Any articles not professionally packed by the Contractors are excluded.

(g) Notification of any loss or damage must be given to the Contractors as soon as possible, but in any event, not later than 48 hours from time of delivery.

(h) Claims caused by earthquake, war, invasion, act of foreign enemy, hostilities, or warlike operations (whether war be declared or not), civil war, mutiny, riot, military or popular uprising acts of terrorism, insurrection, rebellion, revolution, military or usurped, martial law or state or siege or any of the events or causes which determine the proclamation or maintenance of martial law or state of siege, are excluded.

(i) Insurance is effected when required under the Contractor’s own Declaration Policy and instructions are given to the Contractors are the only evidence of the insurance arranged.

Packages containing plate, jewellery or valuables should be sealed and handed to the foreman.

It is incumbent on the Customer to see that nothing required to be removed is left behind, that no goods and/or fixtures are taken away in error, also that protection is arranged for articles left in unoccupied premises, as the Contractors will not under any circumstances accept such responsibility.

A customer sending property to be warehoused is required to furnish an address to which communications are to be directed and to register his or her signature with the Contractors for mutual protection. The customer shall during the currency of the agreement at all times remain liable to ensure that any change of such address is registered in the Contractor’s books. On Receipt of the goods, the Contractors will issue to the customer a receipt or inventory of the goods and such receipt shall be final and conclusive between the Contractor’s and the customer, and no discrepancy shall be recognised or entertained unless it be immediately pointed out.

The Contractors shall have a general lien upon all goods in their possession for all monies due to or liabilities incurred to them, and if part of the goods have been delivered, removed or despatched the Contractors shall have a general lien upon the remainder of such goods for such monies and liabilities until paid to them. The Contractors shall be entitled to charge warehouse rent and other expenses incurred during all periods during which a lien on the goods is being asserted.

The Contractors charges shall be payable to them or their agents in cash as soon as any of the goods removed are tendered for delivery outside the premises at which they are to be delivered, or in the case of goods stored or received for packing prior to the delivery or removal or despatch of any of the goods from the premises of the Contractors.

Charges for warehousing shall be due and payable monthly in advance in respect of each calendar month in the first day of each month. Storage taken in during the first 15 days of a month will be charged as a full month but thereafter as half a month. Storage going out during the first 15 days will be charged as a half month but thereafter as a full month, and shall be exclusive of the cost of removing, packing, stowing away, or unstowing and/or delivery, for all of which services the Contractors shall be entitled to make a charge.

Should the Contractors incur or be put to any costs charges, or expenses in consequence of any claim or claims being made to or against any goods warehoused or have to pay damages arising out of any such claim, such costs, damages, charges, and expenses shall be recoverable from the customer in addition to all other charges.

If any sum due to the Contractors by the Customer shall be three months in arrear, or if any goods stored are not removed when the Contractors determine the storage, the Contractors shall (after sending by post to the Customer, or his agent, to the registered address one month’s notice of their intention to sell such goods, or in the event of no address of the customer being registered as before provided, then one month after giving such notice in a public newspaper), have full power to open and examine any part or the whole of the property, and to sell the whole or any part thereof by public auction, and the customer shall be liable for the costs and expenses thereby incurred and the Contractors may apply the proceeds of the sale in payment of or towards all sums due and liabilities incurred to the Contractors by the customer. Any surplus will be paid over to the customer without interest on application, but save therefore the Contractors shall be released from all liability whatsoever to the customer in relation to the goods. The Contractors shall not be liable under any circumstances for any claim made after the expiration of the said month’s notice.

At least 14 clear days’ notice shall be given by the customer and received by the Contractor before the removal of any goods from the warehouse.

The Contractors shall not be bound to deliver from the warehouse any goods without an order in writing by the customer, who or whose agent shall if required be present at the time of delivery and give a receipt for the goods, and the Contractors shall not be bound to deliver any goods without the production to them of the original inventory.

The Contractors will not accept responsibility for any damage caused to drives, pathways, gates, fences, underground water or sewerage mains, septic tanks or overhead electric or telephone wires unless the Contractors, or their Drivers, are warned beforehand by the customer that they may not enter the premises with their vehicles. In this event, an extra charge will be made for the additional carrying distance involved. Any damage to premises must be pointed out to the Contractor’s foreman in charge at the time and confirmed in writing within twenty-four hours after the damage is alleged to have occurred, time being the essence of the Contract.

A claim shall not be made the reason for deferring payment of any monies payable to or liabilities incurred to the Contractors.

No agent or person employed by the Contractors shall have any authority to alter or qualify in any way these terms and conditions.

The Contractors shall have the power to terminate the contract to store by sending by post one month’s notice to the address last registered with them by the customer as being the address to which communications to him are to be sent as required by Condition 11 above.

When a contract is made for a specified quantity, and additional goods are removed and/or warehoused, an extra charge shall be made and the above condition shall apply.

The Contractors may at any time during any removal transfer the goods from the vehicle to vehicle pending transfer to their own or any other storing place and when the goods are in store they may remove them from one store to another. The Contractor reserves the right to sub-contract.

The insurers are not liable for any damage to goods which were not professionally packed by the Contractors and placed in suitable containers before transit, neither unless unpacked by them on delivery, nor in respect of damage to any goods not listed and described in the inventory lodged with the Contractors prior to packing. If the value of the contents of any one case or trunk together with the value of the case or trunk itself, packed either by Contractors or owners, exceeds R1 500 then a detailed list of the contents together with the value of each individual piece must be supplied.

If any dispute, difference or question shall at anytime herein arise between the parties hereto or their respective representatives touching any claims or counter-claims put forward on the part of the Client against the Contractors, the claim shall be referred for arbitration or two arbitrators (one to be appointed by each of the parties hereto or by his of their representatives or assigns) and their umpire according to the law of the time being governing the decision of disputed by arbitration in the state or country within which the Contractor’s office concerned with the making of this contract is situated within which office the Contract shall be deemed to have been made. The costs of any such arbitration shall be in the discretion of the arbitrators and their umpire (if any) and the award of such arbitration and their umpire (if any) shall be condition precedent to any legal proceedings in a court of law in respect of any matters hereby agree to be subject of arbitration. The arbitration shall, unless otherwise agreed, be held in the town in which the Contractor’s office from which the Contract is deemed to have been made as aforesaid is situated.

Should a customer for any reason not be able to accept his goods upon arrival at the destination, and the goods have to be offloaded into Store, an extra charge will be made for storage and subsequent delivery.

No work will be undertaken until a signed copy of this Quotation has been received by Lush Removals and Storage, which copy will form the only binding contract between the parties.

Extensive damage may occur to mechanical and electrical appliance during transit if mechanism is not made secure. All items must be serviced for removal by the agents or other qualified persons. All motors and pick-up arms should be secured and clocks, barometer, etc should be dismantled and carefully packed, as should all other mechanical and scientific apparatus. It is stressed that it is not part of the Contractors responsibility, and no liability whatsoever falls upon the contractors.

Do not leave loose items in drawers when goods are to be stored or removed. All small pieces must be packed in cases or cartons (see Condition 25). Keys of all description must be retained by the customer, they are not the responsibility of the Contractors.

No Firearms to be carried.

In the event of any default in respect of any terms and conditions in this contract by the Client, Client shall be liable for all costs and collection charges on an attorney and client scale in the event of the above matter being handed to an attorney.

In all actions between the parties under this agreement the whole cause of action shall have, or be deemed to have, arisen within the jurisdiction of the Magistrate’s Court at Pietermaritzburg, Natal, South Africa and the customer hereby agrees and consents to the jurisdiction of the Pietermaritzburg Magistrate’s Court.