Move a Load Terms and Conditions
Definitions and Interpretation
“Move a Load”, ”MAL”, “we”, “our”, and “us” is Move a Load Limited
“Loader” “you” and “your” is the customer that engages us to provide the Services is a person or company that arranges to have goods (loads) transported on their own behalf by any type of conveyance. Who has agreed to be bound by the contract terms and conditions contained herein, and include that person’s permitted successors and assigns.
“Mover” is a person or company who provides transportation of goods (loads) for compensation.
“Receiver” means a consignee of goods and includes the Loader’s agent.
“Services” means the services that MAL provides via its website and the receipt, packing, storing, transport, delivery and other handling of goods.
“Subcontractor” includes any person engaged by us to perform any part of the Services, including packing, storing, transporting, or otherwise handling the Goods.
“Goods” means the items that comprise the Consignment.
“Consignment” means the consignment of goods to be transported in accordance with this agreement.
“Terms” mean the contract between Loader’s and MAL, comprising these Terms and Conditions.
“Hazardous or Dangerous Goods” means any item which the CDG believes to be or about to become dangerous in nature in terms of section 26 of the Act.
“Contract of Transportation” means a contract between MAL and Loaders incorporating these Terms and Conditions as amended from time to time, including any electronic form of contract or accepted quote.
Where a Contract of Transportation is accepted by us, we agree to provide the Transport Service requested by the Customer for the carriage of the goods as set out in that Contract of Transportation.
You agree that we have full discretion as to the means, route and procedures to be followed in respect of the handling, storage, transport, and delivery of the Goods and the performance of the Services. If we specify and agree with you to use any particular means, route or procedures, we will use reasonable endeavours to do so, but if circumstances arise such that if, in our reasonable opinion, it is necessary or desirable to deviate from the agreed means, route or procedures, we may do so at your cost and without notice, and without incurring any liability to you as a result of such deviation.
Inspection of Goods and Mover’s rights
The Mover is entitled to inspect or search any goods be carried on a Transport Service believes that the goods contains Hazardous or Dangerous Goods, or any other goods for which these Conditions or any other law have not complied with. The Mover may at its sole discretion remove, or have removed at the Loader’s expense, any item that it considered to be or may be considered Hazardous or Dangerous Goods.
Inspection of Goods: The Mover shall visually inspect goods before their acceptance for Transportation. Inspections are carried out in good faith and as the Goods are presented to the Movers. Any clearly visible damage to or missing items from any Goods presented for Transportation shall be noted on the consignment note or condition report. Failure of the Mover to inspect any Goods, at all or adequately, does not impose any additional liability upon the Mover or affect any obligation of the Mover in relation to the Goods. MAL accepts no liability for any pre-existing damage.
Mover’s right to refuse to accept Goods for Transportation: MAL in its absolute discretion reserves the right to refuse to carry any Goods without the need to give any explanation to the Loader.
MAL reserves the right to charge a reasonable fee for any Goods that are not available for the Transportation at the agreed time and place. Any such fee will be charged to the Loader after the event.
We reserve the right to refuse to provide Services to any person, or in respect of any type of Goods.
Acceptance of Goods by MAL for Transport Services is deemed to occur at the time the Goods are loaded on the transporter or other means of transport used to provide the Transport Service, or when a signed docket is completed with respect of the Goods.
You authorise us to enter into any contracts on your behalf in respect of handling the Goods (including engaging contractors and subcontractors, and entering into contracts for the carriage of goods), and to otherwise handle, deal with, or provide instructions in respect of the Goods as we see fit.
Goods shall be deemed to be delivered when they are delivered to the agreed place of delivery given to us by you or your representative for that purpose, or if the Goods are to be collected from a nominated place, from the date that we advise you that the Goods are available for collection from that nominated place.
We shall use all reasonable commercial endeavours to deliver the Goods to the designated address (or make the Goods available for collection by you or your representative)
If we are unable deliver the Goods we may transport the Goods to another location for storage, and all costs so incurred shall be for your account, including our reasonable administration costs.
We are entitled to sell or dispose of all Goods which, in our reasonable opinion and only after due inquiry, cannot be delivered either because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the consignee or any other person after fourteen (14) days’ notice in writing of intention to sell or dispose of the same has been given to you. All charges and expenses arising in connection with the storage and sale or disposal of the goods shall be paid by you.
Unless we expressly state in writing that certain prices are a fixed quote, any and all pricing information provided to you (including freight rates) are estimates only, and we reserve the right to pass on any increase in such prices, howsoever arising
You agree that you are liable for all of our charges and those of any subcontractor (including shipping costs), and any other costs, disbursements or expenses reasonably incurred by us in relation to the Goods or the provision of the Services (including any storage fees, demurrage fees, loading or unloading fees, towage)
Unless otherwise agreed by us in writing, an invoice is due and payable by you immediately upon the invoice being issued by us to you.
All payments of invoices by you (or on your behalf) must be made in full and without any deduction or right of set off or counterclaim
If any amount payable to us by you under this agreement is overdue:
We may take steps to recover any overdue amounts (including engaging a debt collection agency), and you indemnify us and shall pay on demand all costs and expenses (including legal costs on a solicitor and own client basis) incurred by us in recovering any amounts owing by you to us under this agreement; and
if you fail to make a payment when it is due or if we believe that you may not pay us when a payment is due, we may at our sole discretion suspend any Services (including suspending delivery of the Goods) or terminate this agreement. We are not liable to you in any way for any costs or losses arising directly or indirectly from such suspension or termination.
The Goods remain at your risk at all times, and you acknowledge that it is your responsibility to effect appropriate and adequate insurance for the Goods.
Notice of claim: Any claim against the MAL in respect of alleged damage to Goods carried on a Transport Service must be given in writing to the MAL within twenty four hours after the date on which the MAL’s responsibility for those Goods has ceased. The MAL must be given a reasonable opportunity to investigate the claim and to appoint a repair agent or obtain two repair quotes to repair any Goods that are proven to be damaged in the course of Transport Services.
If claims are not made before the Goods are repaired by the Customer or the MAL is not given a reasonable period to investigate the claim and appoint an agent or obtain quotes as required under clause 9.1 above (for repair of goods that are proven to be damaged in the course of Transport Services and fall within the liability provisions set out in clause 10 the Customer shall be conclusively deemed to have accepted the Goods as conforming with the Contract of Carriage in all respects and to have waived absolutely any claims for incorrectly delivered or damaged Goods and the MAL shall not have any liability in respect of those claims or otherwise in respect of the Vehicles.
Warranties and liability
If you are acquiring the Services for the purposes of a business, you agree that the provisions of the Consumer Guarantees Act 1993 do not apply. If the Consumer Guarantees Act 1993 does apply, then nothing in this agreement shall restrict the application of that Act.
If the Carriage of Goods Act 1979 applies to any Services provided under this agreement, the contract is at limited carrier’s risk as that term is defined in that Act.
Other legislation: This agreement shall be read subject to the provisions of any legislation that compulsorily applies to the Services, provided that nothing in this agreement shall be construed as a waiver of any rights under such legislation or as an increase of any of its liabilities or responsibilities.
Warranties by you
You warrant and represent to us on a continuing basis:
Ownership: that you are either the owner of the Goods, or the authorised agent of the owner of the Goods, and are authorised by any person who has or may acquire an interest in the Goods to enter into and accept the terms of this agreement;
Particulars: the accuracy and completeness of all descriptions, values, weights and other particulars of the Goods, and all other information provided to us by you or your representatives in relation to the Goods or otherwise in connection with the Services;
You fully indemnify and hold harmless us and our employees, subcontractors and agents against any costs, losses, claims, liabilities, proceedings and expenses (including legal costs incurred on a solicitor and own client basis) incurred and any loss or damage suffered by us or our employees, consultants or agents:
by reason of any third party claims under clause
arising from your negligence
arising from any breach by you of the terms of this agreement
MAL 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.
These Terms supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these Terms.