Standard Terms and Conditions of Service for Afrispeed Zimbabwe Private Limited.
In these Terms and Conditions, "the Company" refers to Afrispeed Zimbabwe Private Limited. "The Client" refers to any person, company, or entity at whose request or on whose behalf the Company undertakes any business. "POD" refers to Proof of Delivery.
All and any business undertaken by the Company is subject to these Terms and Conditions, which shall prevail over any other terms and conditions put forward by the Client. Errors and Omissions Excepted (E&OE).
2.1. These Terms and Conditions apply equally to import cargo and export cargo, and to all road freight, cross-border haulage, and related services undertaken by the Company, unless otherwise agreed with the Client in writing. References in these Terms and Conditions to "loading" and "the loading point" shall, in the context of import cargo, be read to include the point of collection, offloading, or delivery, as applicable.
3.1. All quotations are valid for a period of 7 (seven) days from the date of issue, unless otherwise stated in writing.
3.2. Rates are correct as at the date of quotation but are subject to change without notice due to fluctuations in fuel costs, currency exchange rates, toll fees, cross-border charges, duties, taxes, or other operational expenses beyond the Company's control.
3.3. Clients are advised to always confirm the final rate at the time of placing a firm order.
3.4. Unless otherwise specified, all rates are based on the transport of containerised cargo via road.
4.1. The Client warrants that they are the owner or the authorized agent of the owner of the goods.
4.2. The Client must ensure all necessary documentation for the journey (including but not limited to customs clearance documents, import/export permits, phytosanitary certificates, waybills, and commercial invoices) is complete, accurate, and physically available prior to the booking of a truck.
4.3. The booking of a truck shall only be initiated once the Client has confirmed, in writing, that (i) the cargo is fully packed and physically ready for loading, and (ii) all paperwork required for the journey is complete and available for the driver. A provisional or estimated readiness date does not constitute a valid booking instruction.
4.4. Cargo Ready Clause: The Company shall not be obliged to dispatch or hold a truck against a shipment until the Client has given express confirmation that the cargo is cargo-ready. Where the Client nonetheless instructs the Company to dispatch a truck ahead of confirmed cargo readiness, or where cargo or paperwork is subsequently found not to be ready on the truck's arrival at the loading or unloading point, any resulting delay shall be for the Client's account and shall be charged in terms of Clause 5 below.
5.1. Any delay at the point of loading or unloading resulting from the Client's failure to have cargo and/or paperwork ready, in accordance with Clause 4, shall incur the charges set out below.
5.2. Standing Time / Truck Waiting Time: A fixed hourly or daily standby rate, as set out in the applicable quotation, shall apply for the period a Company truck and driver are held up at the loading or unloading bay due to the Client's lack of preparedness, calculated from the truck's arrival at the loading or unloading point.
5.3. Demurrage: Where a delay at the point of loading or unloading extends beyond twenty-four (24) hours from the truck's arrival, demurrage shall apply at USD $350.00 (three hundred and fifty United States Dollars) per truck, per day or part thereof, for each additional day the truck and driver are held.
5.4. Detention Charges: Charges levied by the shipping line for the delayed return of the container shall be passed on to the Client in full.
5.5. All charges arising under this Clause 5 shall be for the Client's account and shall be invoiced accordingly, supported by relevant records, including the Company's truck tracking report. The tracking report shall reflect the date and time each truck arrived at and departed from each point on the journey, and shall serve as the record establishing where and for what reason any delay occurred.
6.1. The Company maintains a General Goods in Transit (GIT) Insurance policy for liability arising from its operations.
6.2. However, the cover provided by the Company's GIT policy may be limited and is subject to specific terms, conditions, and exclusions.
6.3. It is strongly recommended that the Client arranges and maintains adequate insurance coverage for their goods against all risks of loss or damage for the full insurable value of the cargo. The Company's GIT insurance does not replace the need for the Client's own comprehensive cargo insurance.
7.1. The Company's standard payment terms are 100% (one hundred percent) of the total estimated charges payable upfront, prior to confirmation of the truck booking and dispatch of the vehicle.
7.2. Alternative payment terms — including, but not limited to, a 50% deposit with the 50% balance payable on submission of the Proof of Delivery (POD), or payment in full on presentation of POD — may be accommodated at the Client's request. Any such alternative payment terms shall attract a finance cost, which shall be added to and shall increase the amount initially quoted.
7.3. The Company reserves the right to withhold cargo and/or documentation until all outstanding payments have been received in full.
The Company shall not be liable for any failure or delay in performance resulting from circumstances beyond its reasonable control, including but not limited to acts of God, war, strikes, lock-outs, adverse weather conditions, road closures, bridge failures, political unrest, or border post delays.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Zimbabwe, and any disputes shall be subject to the exclusive jurisdiction of the courts of Zimbabwe.
By instructing Afrispeed Zimbabwe Private Limited, the Client acknowledges and agrees to be bound by these Terms and Conditions in their entirety.