In the event of the vehicle being delayed or damaged due to the customer’s failure to comply with any of its obligations in terms hereof, the customer shall be liable for additional charges at Whelson’s stipulated rates, alternatively, reasonable rates, and/or such damages as the case may be.
- In the event that Whelson’s vehicle is delayed by virtue of the weight of the goods exceeding the limits imposed by the law, Whelson reserves to itself the right to abandon the goods so as to enable its vehicle to continue with its journey and the customer shall have no claim against Whelson by reason of such abandonment. In the circumstance Whelson, in its sole discretion may elect to pay any fine then applicable and to claim such payment back from the customer.
- In the event of any damage whatsoever being caused to Whelson’s vehicle whilst loading or off-loading goods, then and in such event the customer shall be liable for the fair and reasonable costs of repairing the damages sustained to Whelson’s vehicle, and restoring the vehicle to the condition it was in, prior to the damage sustained by it.
- It shall be the customer’s obligation to maintain all sites (where loading as well as off-loading takes place) in a clear and level condition in order that the vehicle used by Whelson shall not in any way become damaged whilst upon such sites. The customer shall be responsible for and shall compensate Whelson in respect of all or any damage sustained by Whelson to any of its vehicles, should any of Whelson’s vehicles or any portion thereof, or any of Whelson’s equipment become damaged whilst such vehicles are on or in the process of entering upon or leaving any loading or off-loading sites, however such damage is caused, whether as a result of loading, off-loading or whether as a result of the sites not being in a proper or good state of repair and/or whether such damage occurs because such sites are not clear and level. The customer shall be liable for such damage, whether same is direct, indirect or consequential. Similarly, should any of Whelson’s vehicles and/or any portion thereof and/or its equipment become damaged whilst such vehicles are in transit, through any fault of the customer and/or its servants or agents, and whether as a result of loading or otherwise, or whether as a result of the load itself, then the customer shall be responsible and shall compensate Whelson for any such damage, whether the same be direct, indirect or consequential.