CAPE REMOVALS TERMS AND CONDITIONS | STANDARD TRADING CONDITIONS

CONDITIONS UPON WHICH PROPERTY IS REMOVED, PACKED OR WAREHOUSED BY CAPE REMOVALS & CAPE REMOVALS AGENTS AND SUBCONTRACTORS THAT COULD BE REQUIRED TO FULFILL REGIONAL OBLIGATIONS OR SPECIFIC EXPERTISE REQUIRED IN FULFILLING A GIVEN REMOVAL CONTRACT. 

Please take time to read the following Terms and Conditions carefully as they affect your legal rights. 

This contract explains your rights, obligations, and responsibilities as the customer (“you”, “your”, yourself”), and those of Cape Removals and its agents or contractors (“we”, “us”, “our”).

These conditions can only be changed or amended by written agreement. Please note that our liability for loss or damage is limited (see Section 11). Insurance terms and conditions is a separate contract between you and the insurer and is not included in our standard service. 

This contract is entered into at the city or town of origin and is subject to the laws of the country in which this contract was made. 

Contents:

1. 1. Quotation & Scope of Work
2. 2. Your Responsibilities
3. 3. Ownership and Authority
4. 4 Payment Terms
5. 5. Cancellation or Postponement
6. 6. Access
7. 7. Delays in Transit
8. 8. Storage Terms
9. 9. Our Right to Retain, Sell or Dispose of Goods
10. 10. Insurance
11. 11. Liability for Loss or Damage
12. 12. Excluded & Prohibited Items
13. 13. Disputes and Third-Party Claims
14. 14. Subcontracting
15. 15. Your Forwarding Address
16. 16. Misconduct

1. 1. Quotation & Scope of Work

1.1. Our quotation is a fixed price and does not include insurance, customs duties, or any other fees paid to Government Departments. 

1.2. We may change the quotation if: 

1. You do not accept it within 28 days. 
2. Additional items not declared in your inventory or other form of writing are moved or stored.
3. We supply extra services at your request.
4. Access issues (stairs, long carries, inadequate doorways, truck size restrictions etc.) are not disclosed in writing before your removal date (see Section 6).
5. There are delays outside of our control or caused by yourself or your representatives, in which case we may charge for waiting time.
6. Work is delayed for more than 3 months due to your actions.
7. Our costs go up because of changes in tax rates, official exchange rates between the currency of South Africa and foreign currency, or freight charges outside of our control. 

1.3. In any of the scenarios listed in section 1.2 you agree to pay the extra charges.

1.4. Unless agreed to in writing, the following services are not included in your quotation:

1. Dismantling or reassembly of furniture.
2. Packing and/or supply of boxes.
3. Wrapping and/or supply of wrapping materials.
4. Hoisting of furniture.
5. Shuttle services. 

1.5. Excluded services. We cannot:

1. Remove filaments and fittings or take down curtains.
2. Disconnect or reconnect appliances or electronic equipment. This included removing televisions from wall brackets.
3. Remove doors from hinges.
4. Remove or lay fitted floor coverings.
5. Move or store excluded or prohibited items (see Section 12).

2. 2. Your Responsibilities

2.1. It is your responsibility to make sure that you provide us with an accurate inventory list before your removal.

1. Any additional items which need to be transported and are not listed on the inventory, will be charged accordingly. 
2. On your removal day, we will compile a list of items/goods setting out what we have packed, moved, shopped, handled or stored. This list will be final, unless you write to us within 7 (seven) days of being presented with your copy, stating any mistakes or changes that need to be made.

2.2. During your removal, it will be your sole responsibility to:

1. Arrange adequate and convenient access to the items to be moved, such as gate access and/or house/office keys.
2. Take responsibility for the security of your goods during loading and unloading by being present on site or by having someone represent you.
3. Arrange and/or pay for any necessary parking facilities.
4. Obtain at your own expense any documents necessary for the removal to be completed.
5. Ensure that nothing is taken away in error or left behind.
6. Disconnect and adequately prepare appliances, electronics, and other equipment prior to the removal.
7. Lock away any valuables such as money, jewellery, handbags, and electronics.

2.3. We are not liable for:

1.  Lost Keys.
2. Items left in appliances or furniture.
3. Any loss, damage, or extra charges resulting from failure to meet your responsibilities as listed in Sections 2.1 and 2.2.

3. 3. Ownership and Authority

3.1. By entering this contract, you confirm that:

1. The goods to be moved are your own property.
2. Or, you are authorised by the owner of the goods to enter into this contract in respect of the goods to be moved or stored. 

3.2. You indemnify us of any costs or claims against us if the statements in Section 3.1 are untrue.

4. 4. Payment Terms

4.1. By entering into this contract, you accept and agree to the following payment terms:

1. Payments are to be made via EFT and proof of payment sent to your moving consultant. We do not accept cash or cheques.
2. A 50% deposit is required to secure your booking.
3. Full payment is required directly before loading.
4. Payment for any additional services required is due before or upon us performing such services.
5. If full payment is not received by the planned delivery date, your items will be placed in storage until all outstanding balances are settled (see Section 8 & Section 9).
6. Once full payment and additional charges have been received, your goods will be delivered.
7. Any storage and redelivery costs due to non-payment will be your responsibility.
8. You may not withhold payment due to any claims you wish to make against us.
9. Overdue accounts will incur interest at a compound rate of 10% per month.
10. Legal costs to recover overdue accounts are your responsibility.

5. 5. Cancellation or Postponement

5.1. Should you cancel or delay the work we may charge you a reasonable fee to cover our expenses and/or loss of income. We shall take the length of the notice/cancellation period into account when determining the fee. 

5.2. No cancellation fee shall be charged if the person whose goods are being moved is hospitalised or dies. In the case of death, we shall refund any deposit paid to that person’s deceased estate.

6. 6. Access 

6.1. Any information regarding access issues at the loading or offloading points that weren’t disclosed and causes delays during your removal will result in additional charges. It is your responsibility to make sure the following is stated clearly in writing before the day of the move:

1. Any lifts or stairs.
2. Long carry distances. Our maximum carry distance is 35m from where the truck can park to your front door.
3. Restricted access. Please inform us if any proof of identification is needed for entrance at complexes or security estates.
4. Accessibility regarding the height and weight limits of vehicles allowed in complexes or security estates.

6.2. If the stairs, lifts or doorways are inadequate for easy delivery, or the road or approach is unsuitable for our vehicles, additional charges will apply, unless you have notified us of these issues in writing before we prepared the quotation.

7. 7. Delays in Transit

7.1. If we do not keep to an agreed written time schedule and the delay is within our reasonable control, we will pay your reasonable expenses up to a maximum of R250. 

7.2. If through no fault of ours we are unable to deliver goods, we will place them in storage. The contract will then be fulfilled and any additional service(s), including storage and redelivery will be at your expense. 

7.3. If the carrying vessel/conveyance, should for reasons beyond the carrier’s control fail to deliver the goods, or route them to a place other than the original destination, you have limited recourse against the carrier and may be liable for General Average contribution (e.g. the costs incurred to preserve the vessel/conveyance and cargo) and salvage charges, or the additional cost of onward transmission to the place, port or airport of destination. These are coverable risks and it is your responsibility to arrange adequate marine/transit coverage. 

8. 8. Storage Terms

8.1. If your goods are placed in storage—either by request or due to delayed payment, access issues, or other circumstances—you agree to the following terms:

1. Storage charges will apply at our standard rates and are payable monthly in advance.
2. Access to stored goods must be arranged in advance and may incur an access fee.
3. While in storage, your goods are not insured by Cape Removals unless a separate insurance policy is arranged by you.
4. We reserve the right to withhold access or delivery of goods until all outstanding fees (including transport, storage, and interest) are settled in full.
5. Our storage fees will be reviewed periodically. You will be given 28 days’ notice of any increases.
6. Overdue accounts will incur interest at a compound rate of 10% per month.
7. If storage fees remain unpaid for more than 30 days, we may, after giving 28 days’ written notice, sell or dispose of some or all of the goods in accordance with Section 9.
8. Storage is at your own risk unless otherwise agreed in writing.

8.2. On termination of the storage contract:

1. We require at least 14 working days’ notice if you wish to end your storage contract. If we can release the goods earlier, we will do so, but the full notice period will be charged.
2. If you make your own arrangements to collect the goods, we will charge a fee for taking them out of storage and handing them over.
3. Our account must be paid in full before the goods can be released.
4. If we wish to end the storage contract, we can end the storage contract, giving you at least 3 months’ notice.
5. Our liability will cease upon handing over the goods, as will any insurance cover arranged by us at your request. 

9. 9. Our Right to Retain, Sell or Dispose of Goods

9.1. We reserve the right to retain goods until all outstanding balances in terms of this contract are settled. 

9.2. While we keep any items/goods as security for payment the conditions of this agreement will continue to apply, and you will be legally responsible for any costs in relation to the items/goods. This includes any amounts we have paid on your behalf as well as storage and related fees. We shall not release items until all charges have been paid.

9.3. Upon giving you 28 days’ notice we are entitled to require you to move your goods from our custody and to pay all money due to us. If you fail to pay all outstanding debts due to us, we are entitled to sell or dispose of some or all the goods without further notice to recover any debts owed to us. The cost of the sale or disposal will be charged to you

9.4. In the event of your goods being sold, we will use the proceeds to settle your account and return any surplus without interest.

10. 10. Insurance

10.1. We will endeavor to protect and handle your goods with respect & care. However, due to the nature of moving and the risk that we are continuously exposed to, it must be specifically stated that Cape Removals & its subcontractors cannot assume financial responsibility or accept liability in the event of loss or damage in the relocation process.

10.2. It is your duty to insure your goods against all insurable risks during removals, shipping, and storage for their full replacement value at destination. Insurance options are your responsibility and if you (the client) decided not to take out insurance, the responsibility is entirely on you for the repairing of breakages, in the unlikely event that they occur.

10.3. We may arrange cover with our insurance company on your behalf, only via written request from you, the client, and upon receipt of a completed insurance proposal form prior to commencing the removal. The insurance cover is not effective until the premium is paid.

10.4. In the event that insurance coverage is arranged through Cape Removals:

1. Any claims of damages or lost items must please be reported to us in writing within three (3) days.
2. You are advised to insure items for their full value. In the event of under insurance, “Average” will apply. 
3. The period of cover, notwithstanding the 3-day period allowed for submission of a claim, expires on final delivery. 
4. The insurance 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. 
5. On payment of the appropriate additional premium mechanical derangement 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 manufacturer’s recommendations. The onus rests with you to ensure this is done. 
6. Insurance covers your goods from your collection point to your delivery point. If storage is the delivery point, the cover expires upon delivery to the storage facility. 
7. In the event of a claim an excess amount of R3500.00 will be payable by you, the customer. 
8. Cape Removals may, at its discretion, choose to settle the claim without claiming through our insurance brokers/companies. The excess will remain the same. 
9. Prior to claim settlement, the salvage shall be collected by Cape Removals. 
10. In the event of all, or any, of the premium not being paid prior to delivery/receipt of the goods, the insurance shall be null and void.
11. Simplified Claim procedure: 
    1. A detailed inventory of items claimed for must be submitted to Cape Removals within three (3) days of delivery.
    2. Three written estimates covering the cost of repairs and/or replacement values must accompany the list. 
    3. Pictures of the damages must be submitted with the claim.
    4. Failure to comply with points 1 to 3 above will render your claim null and void. 
    5. No employee of Cape Removals shall be separately liable to you for any loss, damage, mis-delivery, errors, or omissions under the terms of this contract. 

11. 11. Liability for Loss or Damage

11.1. Our liability (if found negligent) for losing, damaging, or failing to deliver your goods is limited to a maximum payment proportion of R200 per cubic meter of the item(s) lost or damaged, even if it forms part of a set. We may decide to pay for the repair or replacement of the item(s) should we take responsibility for any perceived negligence.

11.2. We are not liable for any loss/damage to or resulting from:

1. Difficult access to or from any room, building or other location.
2. Discolouration, such as any change in colour, fading, stains.
3. Deterioration of perishables, plants, or food items.
4. Furniture that is dismantled or re-assembled.
5. Items packed by you.
6. Items left inside a cupboard, fridge, freezer, or other furniture.
7. Keys left in furniture.
8. Damages to deep freezers/Fridges in which goods are packed.
9. Indirect (consequential) loss, except up to the maximum amounts as stated in Sections 11.1 & 11.3 (if applicable).
10. Fragile or brittle items.
11. Items with an inherent defect (a problem that was already there).
12. Mechanism in any clock, electronic or motor-driven item (unless there is any visible sign of impact damage of the item).
13. Cleaning, repairing, or restoring (unless we did the work).
14. Goods received from a 3rd party in unknown condition. Including but not limited to:
    1. Goods delivered to our storage or premises where we did not arrange the transport.
    2. Goods moved out of storage by us, where we were not involved in the initial delivery to storage.
15. Moths, vermin or similar infestation.
16. Fire, burglary, or flood while items are in store.
17. Wear and tear, leakage or evaporation, tuning and retuning, atmospheric or climatic changes.
18. Sensitive equipment, or any item that is not suitable for transportation.
19. War, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, or military coup.
20. Death, injury, sickness, or disease arising from the removal or warehousing of any frozen food or drink.

11.3. Our liability for any damage to the premises you reside on is limited to R500. 

1. Damages to premises must be recorded on the delivery slip and confirmed in writing within 7 days.
2. We may elect to carry out the repair ourselves.

11.4. We will not be liable for the loss or damage to any goods unless: 

1. Any claim for loss or damage to goods which you or your agent collect from us is notified to us in writing upon collection. We are not liable once items are moved by yourself or a representative.
2. You notify us in writing of any loss or damage to the goods within three (3) days of their delivery by us to their destination. 

12. 12. Excluded & Prohibited Items

12.1. The following items (and the items listed in Sections 12.2 & 12.3 are specifically excluded from this contract as well as any insurance contract if the mentioned goods are moved by us: 

1. Abnormal items, for example, an item that is too large or too heavy to be moved by a team of removal men without special machinery.
2. Items that cannot be moved because any stairway, passage or door is not strong or wide enough.
3. Cash, money, bank notes, stocks and other personal documents, precious stones, precious metals, bullion, trinkets, securities, jewellery, watches, sunglasses, cellular telephones, iPads, tablets, TV’s, mirrors, pictures, glass, kindles, laptops, antiques, fragile or breakables, poorly made furniture and articles which are delicate or fragile in nature.

12.2. We do not allow any of the following on our moving trucks:

1. Live animals. This includes fish, birds, lizards, and any other animals in a cage or tank.
2. Potentially dangerous, damaging, or explosive items. (Includes firearms, gas Bottles, generators and gas operated welding Machines).

12.3. This contract also specifically excludes any of the following items, which we may discard or destroy without informing you:

1. Any potential dangerous, damaging, or explosive items. 
2. Any items that might attract vermin or other pests or cause an infestation.
3. Any partly used liquids or any food or drink from a fridge or freezer. 

12.4. If they are moved by us, we are not responsible for any loss or damage you suffer in connection with the items listed in Sections 12.1, 12.2, and 12.3.

13. 13. Disputes and Third-Party Claims

13.1. You may not withhold payment for our services due to any disputes or claims.

13.2. You will have to pay any charges, expenses, damages, or penalties claimed against us in respect of the goods by a third party unless you could prove that we were negligent. These included parking charges that we may have to pay to complete a job unless we have agreed otherwise in writing.

14. 14. Subcontracting

14.1. We may sub-contract some or all the work to any of our agents, contractors, or any other organization. 

14.2. If we sub-contract, this contract will still apply to you and us. 

14.3. You agree to the terms set forth in the Bills of Lading, Consignment Notes issued by other carriers or organizations involved in the removal that we accept as your agent, and the conditions therein form part of this contract. If no such terms and conditions are in existence, then our liability will be as set out in Section 11. 

15. 15. Your Forwarding Address

15.1. If you hand us goods to be moved or stored, you must provide a forwarding address and notify us in writing if it changes within 7 days. All correspondence and notices will be considered to have been received by you seven days after posting it to the last forwarding address recorded by us. Please supply an e-mail address where possible. 

16. 16. Misconduct

16.1. Any report of misconduct of staff must please be reported to us in writing within 3 (three) days. 

THANK YOU FOR CHOOSING CAPE REMOVALS!