ROTHWINDS INNOVATIONS CC
Registration No. 1998/008716/23
TERMS AND CONDITONS OF VEHICLE TRANSPORTATION

1. Definitions

Unless the context shall clearly indicate otherwise, the following terms and conditions shall have the meaning ascribed thereto as hereunder:

1.1 “Rothwinds” shall mean Rothwinds Innovations CC Registration No 1998/008716/23.

1.2 “Client” shall mean the owner of the vehicle; alternatively, where the contract with Rothwinds for transporting of the vehicle is concluded by a person other than the owner of the vehicle, such other person shall be deemed to have been authorised by and acting for and on behalf of the owner;

1.3 “the Schedule” shall mean the documentation annexed hereto, being the Booking Form containing details relating to the Client, the vehicle and instructions for collection and delivery of the vehicle;

1.4 “vehicle” shall include, but not be limited to, a motor vehicle, motorcycle, boat, tuk-tuk, jet-ski, caravan and trailer;

2. Dealer/Client Contractual Relationship

2.1 It is common practice for a Client to appoint a Corporate entity (such appointee hereinafter referred to as “the Nominee”) to undertake, on behalf of the Client, arrangements with Rothwinds for the transportation of vehicles. Such arrangements shall include the preparation and submission of the necessary documentation required by Rothwinds relating to the transportation of the vehicle or vehicles, and the delivery of such documentation to Rothwinds, in either electronic form (via Rothwinds’ website) or in hard copy. On receipt by Rothwinds of the said documentation, contained in the Schedule hereto, and confirmation of receipt thereof by Rothwinds, the Client shall be deemed to have accepted the terms and conditions contained therein and it agrees to be contractually bound thereby. The onus is on the Client to provide the required documentation to Rothwinds prior to the transportation of the Client’s vehicle(s). No contractual arrangement between the Client and Rothwinds will be deemed to exist until said documentation has been received by Rothwinds.

3. Collection and Delivery

3.1 Whilst every effort is made by Rothwinds to adhere to delivery and collection times and requirements of senders and recipients, its best endeavours in this regard are sometimes confounded by unforeseen delays as a result of circumstances beyond Rothwinds’ control. Accordingly, the quoted dates and times are not guaranteed and Rothwinds does not accept liability for any costs incurred by the Client as a result of any delays that may occur.

3.2 The Client shall, in addition to Rothwinds’ normal fees for services rendered, be liable for the payment of wasted costs, levied in Rothwinds’ sole discretion, arising from the Client’s changes to instructions for collection or delivery and in respect of changes made by the Client for collection or delivery of a vehicle where it transpired that the subject vehicle was not available for collection or was not ready for delivery.

3.3 In cases of urgency of collections and deliveries, Rothwinds may consider making special arrangements to provide for the Client’s requirements. In the event of additional costs being incurred as a result of such special arrangements, such additional costs shall be for the account of the Client and Rothwinds’ disclaimer of liability for such costs shall apply as aforesaid.

3.4 Rothwinds will endeavour to arrange for its transport vehicle to effect collection and delivery at the designated address. However, it is recorded that the overall length of the transporter can be as much as 18 metres and it may be necessary in such cases for the Client, at its cost, to arrange for collection and/or delivery to an alternative venue.

3.5 In the interests of Clients and substantially in order to obviate damage to vehicles in transit caused by flying stones, Rothwinds will under no circumstances collect from or deliver to venues for which the access road(s) are not surfaced or hard-topped.

3.6 The Client is urged to provide Rothwinds with details of its representatives who can be easily contacted to receive confirmations in respect of collections and deliveries. This is of particular importance in cases where it has been necessary to make changes to the proposed collection and delivery arrangements contemplated.

3.7 Resolution of matters as between the Client and its suppliers for any reason whatsoever will be referred by the Client to its supplier for resolution. Failing timeous resolution of any such matter, Rothwinds reserves its right to postpone or cancel the transportation, and any costs incurred by Rothwinds in resolving such matters shall be for the account of the Client.

3.8 Confirmation by Rothwinds of the terms and conditions hereof in respect of delivery and collection arrangements and any special requirements pertaining thereto shall only be made on receipt of a signed (or electronic) acceptance of these conditions and payment of the transport charges as provided for herein.

3.9 Rothwinds will undertake an external vehicle check before both collection and delivery, which check will note any clearly visible scratches or damages to bodywork. For accident-damaged units, or units that exhibit multiple scratches and the like, Rothwinds, in its sole discretion, will forego the aforesaid vehicle check and disclaims all and any liability for the condition of these units. The aforesaid check shall be deemed not to have included any mechanical or latent defects for which Rothwinds will not be liable.

3.10 In the event of the vehicle being transported on a trailer supplied and loaded by the Client, the Client shall be responsible for ensuring that the trailer is correctly licensed, is in a roadworthy condition, has an operational spare wheel and that the trailer electrics are SABS compatible and in working order. All costs of and incidental to repairs, traffic fines or recovery of the trailer will be for the account of the Client and payable on demand.

3.11 Should the Client specifically require that his/her vehicle is transported in an enclosed vehicle, the onus is on the Client to notify Rothwinds accordingly, and to obtain a quotation that accommodates this requirement. In the event that the Client does not explicitly request enclosed transport, Rothwinds reserves the right to transport units in either open or closed configuration, at its sole discretion.

3.12 Rothwinds will not be held responsible should a vehicle’s battery be flat or faulty.

3.13 While Rothwinds may agree to transport loose items along with a Client’s vehicle, including but not limited to jackets, helmets, boots, and spare parts, Rothwinds will not be held responsible for any loss or damages to such items.

4. Cancellations

4.1 In the event of a Client wishing to cancel a booking after acceptance of the booking by Rothwinds, the Client shall be liable for the payment to Rothwinds of cancellation fees calculated at:

(i) 50% (fifty percent) of the quoted transportation cost in the event of notification of cancellation being given less than 12 (twelve) hours prior to the agreed collection time; and

(ii) 25% (twenty five percent) of the quoted transportation cost in the event of notification of cancellation being given more than 12 (twelve) hours but less than 24 (twenty-four) hours prior to the agreed collection time.

5. Payments

5.1 Payment of transportation costs shall be made strictly in advance of collection and/or delivery and Rothwinds will not in any way be liable to the Client in the event of the non-payment of all transport costs and the costs of and incidental to the transportation. Such incidental costs shall be deemed to include insurance, holding costs in cases where there has been a delay in effecting delivery, costs of delays at either the loading or delivery addresses.

5.2 The Client shall make payment by direct deposit into Rothwinds’ nominated bank account in cash deposit or by electronic funds transfer.

6. Insurance

6.1 The Client confirms having been advised that Rothwinds carries GIT (“Goods in Transit”) insurance cover underwritten by Associated Marine (a division of Santam Limited), subject to a maximum value of R150 000.00 (one hundred and fifty thousand rand) per vehicle unless otherwise arranged in writing between Rothwinds and the Client. Furthermore, such GIT cover is offered by Rothwinds to the Client on condition that the Client has its own insurance cover on its asset(s) that, in the event of a claim by the Client arising from specified damages to goods in transit, Rothwinds’ liability shall be strictly limited to the sum authorised by the assessor appointed by Associated Marine, up to the aforesaid maximum value, unless Rothwinds has agreed to a variation otherwise and such agreement has been recorded in writing. The balance of any claim over and above such authorised sum shall be for the account of the Client.

6.2 In the event of loss or damages to a Client’s vehicle arising from incident or accident in which Rothwinds cannot be deemed to be responsible, any claim for such loss or damages should in the first instance be lodged under the Client’s insurance cover.

6.3 In the event of a claim being made through Rothwinds’ Insurers, the Client shall be liable for the excess as determined by Rothwinds’ Insurers, subject to Rothwinds contributing a maximum of 50% (fifty percent) of any such excess, provided that the Rothwinds’ contribution so determined shall not exceed R7 500.00 (seven thousand five hundred rand). Any additional portion of the excess over and above this maximum of R7 500.00 (seven thousand five hundred rand) shall be for the account of the Client.

6.4 Any amount claimed which exceeds the assessor’s authorised amount, and/or the aforesaid maximum value of R150 000.00 (one hundred and fifty thousand rand) per vehicle, shall be for the Client’s account unless Rothwinds has agreed to a variation otherwise and such agreement has been recorded in writing.

6.5 Rothwinds’ insurance policy does not cover nor will Rothwinds be liable for:

6.5.1 loss of windscreens, panniers, side panels and any removable/detachable items and the Client shall be responsible for ensuring that such items are firmly attached to the vehicle or removed therefrom to be transported separately;

6.5.2 unless otherwise agreed in writing, damage from stone chips and other “missiles’ thrown up from the roadway by open road vehicles or trailers of the transporter or other vehicle(s) using the roadway;

6.5.3 loss or damage arising from protest action while vehicles are in transit, including but not limited to arson, rioting and airborne missiles;

6.5.4 loss or damage due to “Acts or God” or other causes, for example but not limited to, hail storms, wind, lightening, falling trees, flying stones or rocks, mechanical or electrical faults, and road accidents in respect of which Rothwinds cannot be deemed to be responsible or to have had control over.

6.6 While Rothwinds shall endeavour at all times to ensure the security of vehicles whilst in transit, Rothwinds disclaims any and all liability for any losses or damages arising due to theft or hijacking of the transportation vehicle/trailer whilst in transit.

6.7 Rothwinds does not offer insurance cover for vehicles classified as Vintage, Collector’s Items, Exotic or Custom. Rothwinds will in its sole and absolute discretion determine whether a Client’s vehicle falls within the aforesaid classifications.

6.8 Rothwinds does not offer insurance cover on accident-damaged vehicles from salvage or insurance companies or auction houses. This includes any loose parts of the vehicle which need to be transported separately.

6.9 Should Rothwinds make use of a reputable Third-party Contractor for the transport of a Client’s vehicle, Rothwinds undertakes to inform the Client, either telephonically or in writing, of such arrangement, following which the Client will be deemed to have agreed to same unless the Client indicates otherwise. In this event, the contractual agreement between Rothwinds and the Client will be nullified, and replaced by the Third-party Contractors’ Terms and Conditions and such Insurance cover as the Third-party Contractor has in place.

6.10 In the event of a claim being made through Rothwinds’ Insurers, should Rothwinds’ Insurers decline to process such claim for whatsoever reason, Rothwinds disclaims any and all liability for the loss and/or damages forming the basis of such claim, and such claim will be referred to the Client’s Insurers for resolution.

As Revised on 18 January 2019