01
Applicability & Acceptance
These Terms and Conditions ("Terms") govern all freight forwarding, road haulage, logistics, and transportation services provided by Mashimbyi Logistics ("the Company", "we", "us") to any client, sender, or recipient ("the Client").
By requesting a quote, issuing a purchase order, submitting cargo for transport, or signing a waybill, the Client accepts and agrees to be bound by these Terms.
02
Quotations, Rates & Pricing
Validity
All official quotations issued by the Company are valid for 14 calendar days from the date of issuance unless explicitly stated otherwise in writing.
Adjustments
Rates quoted are based on the dimensions, weight, cargo type, and route details provided by the Client. The Company reserves the right to revise pricing if the actual cargo specifications differ from initial descriptions.
Exclusions
Unless specified on the quotation, rates exclude Value Added Tax (VAT), road tolls, cross-border levies, customs clearance fees, and special permit charges, which will be billed as applicable disbursements.
03
Payment Terms & Conditions
Payment Methods
Payments must be made via Electronic Funds Transfer (EFT) directly into the official bank account of Mashimbyi Logistics. Proof of payment must be emailed to
info@mashimbyi.co.za referencing the invoice or quotation number.
COD / Pre-payment
For non-account clients, cleared funds must reflect in the Company's bank account prior to cargo dispatch or offloading at destination.
Account Clients
For pre-approved commercial credit clients, payments are strictly due within 30 calendar days from the date of the monthly statement or invoice.
Late Payments
Overdue accounts will accrue interest at the maximum rate permitted under South African law, calculated daily from the due date until full settlement. The Company reserves the right to suspend active or future consignments for overdue accounts.
Legal Costs
In the event of non-payment, the Client shall be liable for all collection charges, tracing fees, and legal costs incurred by the Company on an attorney-and-own-client scale.
04
Lien & Stoppage in Transit
Contractual & Statutory Lien
The Company retains a general and specific contractual lien over all goods, documents, and cargo in its possession or control to secure payment for freight, demurrage, storage, and any prior outstanding debts owed by the Client.
Storage of Retained Cargo
If cargo is held under lien due to default in payment, storage and handling fees will accumulate at the Client's sole expense and risk.
05
Loading, Unloading & Demurrage
Allocated Time
A standard allowance of 2 hours is provided for loading and 2 hours for offloading per vehicle assignment.
Demurrage Charges
Any waiting time exceeding the allocated allowance due to delay at origin, destination, or clearance points (not caused by the Company) will incur demurrage charges billed at the Company's standard hourly rate per vehicle.
Cancellations
Bookings cancelled less than 24 hours prior to scheduled dispatch will be subject to a cancellation fee to recover vehicle positioning and scheduling costs.
06
Goods in Transit & Insurance
Owner's Risk
Cargo is carried at the owner's risk unless Goods in Transit (GIT) cover has been expressly requested, confirmed in writing, and paid for prior to dispatch.
GIT Coverage Scope
Where GIT coverage is included or arranged, coverage is strictly subject to the standard terms, exceptions, and limits of the Company's insurance policy underwriters.
Exclusions & High-Value Cargo
The Client must declare high-value, hazardous, or fragile items prior to dispatch. The Company accepts no liability for loss or damage resulting from improper packing, inherent cargo defects, or failure by the Client to declare hazardous contents.
07
Cargo Carriage & Packaging
Client Obligations
The Client warrants that all cargo presented for transport is properly packaged, labeled, secured, and suitable for road transport conditions.
Documentation
The Client is responsible for ensuring all accompanying documentation, delivery addresses, and contact details provided are complete and accurate.
08
Force Majeure
Neither party shall be liable for failure to fulfill contractual obligations or delays in delivery caused by events beyond reasonable control ("Force Majeure").
Force Majeure events include, but are not limited to: severe weather conditions, floods, civil unrest, strikes, riots, road closures, border disruptions, acts of state or military authority, severe fuel shortages, or major network failures.
09
Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa.
Any legal disputes arising out of these Terms shall be subject to the jurisdiction of the competent Magistrates' Court or High Court of South Africa.