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All business is underwritten according to FBN TRANSPORT’s standard terms and trading conditions, which are printed on the reverse of all FBN TRANSPORT waybills and on the FBN TRANSPORT Credit Application forms. Notwithstanding these conditions, the following also applies.

 

RESTRICTIONS

Certain goods are restricted for carriage due either to their hazardous nature, by Customs regulations or the provisions of the Road Transportation Act. It is the responsibility of the sender to ensure the goods are not restricted, hazardous or dangerous for carriage by sea, air or road and that the relevant legal requirements in respect of hazardous cargo are complied with.

 

RATES:

Rates offered exclude the following...

(a) V.A.T.

(b) INSURANCE

(c) ANY COMMISSIONS OR DISCOUNTS UNLESS REDUCED BY WRITTEN CONFIRMATION

(d) DOCUMENTATION

(e) FUEL SURCHARGE

 

The fuel surcharge is an additional percentage cost calculated at our current rate. This percentage is calculated on the average diesel price increase or decrease and fluctuates on a month-to-month basis according to the current diesel price. The calculation is made using the following formula as an example:

 

WEIGHT IN VOLUMETRIC CHECKS FBN TRANSPORT

will measure and weigh all consignments. Should the weights or measurements vary from those supplied by the client, the weight and measurement determined by FBN TRANSPORT will apply. (L X W X H) or as quoted 2500

 

WEIGHT TO VOLUME RATIO

Chargeable mass is calculated on the greater of weight or volume, based on the volume to mass ratio: - as per quotation (L X W X H) or as quoted 2500 REVIEW PERIOD The rates offered in this proposal are subject to review. The review will take into account the frequency of use during the trading period. All rates however can be affected by statutory Government increases such as fuel and levies. Such statutory increases will be effective immediately.

 

DELIVERY INSTRUCTION DOCUMENTS FBN TRANSPORT

will provide your company with delivery/collection documents. It is imperative that such documents are completed and signed by an authorised member of your company. The DI document should either be presented to our drivers upon collection of freight or faxed to the relevant depot. From this DI document, a computerised Delivery Note will be generated, reflecting detailed information about the consignment. Should you require information in respect of a consignment, you need only provide us with the Delivery Instruction document number. The consignor hereby warrants that an authorised member of staff will complete all documentation signed for and on behalf of the company. Delivery times are subject to the service required. It is vitally important that all freight tendered for shipment is clearly marked for recognition, the type of service required and with the correct delivery address and contact telephone number.

 

CUSTOMER’S ORAL INSTRUCTIONS

The customer’s instructions to FBN Transport must be precise, unambiguous and comprehensive, but without limitation shall cover any valuation or determination issued by the customer in respect of any goods to be dealt with or by or on behalf of or at the request of the company. Instructions given by the customer shall be recognised by the company as valid only if given in good time, – especially in relation to a particular matter in question. Oral instructions, standing or general instructions or late instructions, even if received by the company without comment, shall not in any way be binding upon the company, but the company may act thereon in the exercise of its absolute discretion. PROOF OF DELIVERY A proof of delivery is available on request or on our Intranet Site at no additional charge. The Delivery note serves as PROOF OF DELIVERY, which will accompany your invoices and statements.

 

PAYMENT TERMS

Our terms of payment are 30 days from statement date. All business is transacted in terms of our Standard Trading conditions. No amounts for claims or damages are to be deducted from your account. All invoices not for your company account will be credited only when accompanied by written instructions.

 

WARRANTIES AND REPRESENTATIONS BY THE COMPANY

The company makes no warranties and representations to the customer save as may be specifically provided herein or as notified in writing by the company to the customer from time to time. The customer acknowledges that the company is not in any way bound by any oral statement, representation, guarantee, promise, undertaking, inducement or otherwise which may have been made at any time by any salesperson, employee, representative or any person acting or purporting to act for and on behalf of the company, whether negligently or otherwise, unless such statements, representations, guarantees, promises, undertakings, warranties or inducements are supplied or made in writing by an employee duly authorised by written resolution of the board of directors of the company in response to a written enquiry specifying accurately and in complete detail what information is required.

 

ADMINISTRATION

Our depots and departments are equipped with an Internal computerised Management Network System, directly linked between our National branches, providing an extensive freight tracking system for collected consignments ex SACD, In-transit and Delivered cargo. Included in this facility are management reports available to you after delivery has been effected - i.e. delivery reports & client history reports are generated at the acceptance of cargo and available at your request for your convenience and free of charge. Customised software generates Statements, Invoices, and Delivery-Notes.

 

ARBITRATION

If the company so requires, any difference arising hereunder shall be referred to arbitration if it be competent to so do in accordance with the laws of South Africa and in such circumstances, the obtaining of any award shall be in a condition precedent to any right of action against the company.

 

HAZCHEM LEGISLATION

The operator, driver, consignor and consignee shall comply with the requirements regarding the transportation of dangerous goods in or on a vehicle on a public road as determined in the standard specifications and codes of practice.

 

INSURANCE

FBN Transport CC conducts business as a transporter of goods on behalf of its customers. As such, FBN Transport considers itself to be a Bailee. A Bailee can be defined as a person or entity that legally holds goods of another, for either payment or gratuity, and has a responsibility to take reasonable care of the goods and look after them as if they are his own. In accordance with the Short Term Insurance Act 53 of 1998, FBN Transport may not insure its customers’ goods or arrange insurance for its customers as FBN Transport is not a licenced financial services provider, registered insurer or a binder holder with a registered insurer. However, as a Bailee, FBN Transport is entitled to insure its liability to its customers in respect of the goods in its care and/or control. Please refer to our Contract of Bailment.

 

LIABILITY IN RESPECT OF GOODS CARRIED BY FBN TRANSPORT CC OR THEIR NOMINATED SUB-CONTRACTORS

While FBN Transport may not arrange insurance for their customers, they do adhere to a code of good conduct wherein their duties and responsibilities in respect of their customer’s cargo are taken very seriously. As a result, FBN Transport may agree to be bound to certain limits of liability in respect of its customer’s cargo and this is achieved by way of a Contract of Bailment. The Contract of Bailment forms part of the documentation which is provided to customers.