Additional Charges

In addition to the freight, Whelson shall be entitled to levy an additional charge at its usual rate, alternatively a reasonable rate, in the event, inter alia of:

    • The circumstances envisaged in clauses 19, 20, 21 and 22 occurring; and/or
    • The time taken to load or off-load a vehicle exceeding the maximum time agreed upon; and/or
    • Loading or off-loading taking place at more than one point; and/or
    • Whelson being obliged, due to circumstances beyond its control, to utilise routes different from those intended by it at the time of entering the contract.
  • In the event of any emergency arising over which Whelson has, in its opinion, no reasonable control, Whelson reserves the right to cancel the contract, and should any such emergency arise during transit, Whelson shall have the right to deliver the goods to the nearest reasonable destination, or to make use of any reasonable alternative route to that provided for in the contract. If arising out of such emergency, additional mileage has to be travelled, Whelson shall be entitled to reasonable payment in respect thereof.  In such cases, Whelson shall inform the customer accordingly and such delivery shall be in compliance by Whelson with its obligations under the contract.  Whelson shall be entitled, at its discretion, to transfer goods to which this contract relates from any vehicle to another and, pending such transfer, to keep the goods in such a place as Whelson deems suitable at the customer’s expense.