Master Terms of Carriage & Freight Service Agreement
Governing the commercial relationship, escrow settlement rules, Goods in Transit (GIT) liability limits, transporter verification standards, and cross-border transport protocols between Cargo Owners (Shippers) and Vetted Hauliers across South Africa and the wider SADC freight network.
Master Agreement PDF
Full unredacted legal master agreement with annexures, schedule of standing time tariffs, and standard carrier vetting bylaws.
Notice to All Transporters & Brokers: Strict weighbridge zero-tolerance applies on N1, N3, and N4 corridors. Every manifest must include a verified mass declaration slip prior to escrow release. Read Clause 07 (Axle Mass Compliance).
1. Definitions, Contractual Dual-Persona & Platform Status
1.1. Loads For Africa (Pty) Ltd (Registration Number: 2018/394821/07) acts as an electronic freight exchange clearing house, commercial intermediary, and regulated freight brokerage. Loads For Africa provides matching infrastructure, telemetry oversight, digital manifest generation, and ring-fenced escrow payment administration.
1.2. Contractual Dual-Persona: Each freight transaction conducted over the platform establishes a tripartite legal framework:
The commercial consignor with statutory title or mandate over the freight goods, warranting cargo description, safe packaging, and accurate axle load calculations.
The road transport operator possessing an active CIPC fleet entity, validated GIT underwriter cover, roadworthy mechanical certificates, and licensed drivers.
1.3. Exclusion of Direct Bailment: Loads For Africa is not a common carrier. Unless expressly contracted under an LFA-Direct Integrated Manifest, physical bailment of goods remains directly between the Shipper and the selected Vetted Carrier under the South African Law of Carriage and CPA Section 65.
2. Transporter Vetting Standards, CIPC & Statutory Warranties
Prior to being granted authorization to place binding tenders or accept manifests, every road carrier must pass the Loads For Africa Multi-Point Audit Standard (MPAS-2026). The Transporter warrants that:
Failure to keep insurance policies paid up to date results in instantaneous terminal blacklisting and revocation of escrow settlement credentials.
3. TradeSafe Escrow & 24-Hour Settlement Architecture
To neutralize carrier payment default and eliminate 60-to-90-day freight debtor cycles, all consignments booked via Loads For Africa utilize a ring-fenced escrow protocol under South African Reserve Bank (SARB) regulations:
Full manifest fee + 15% VAT deposited into TradeSafe Escrow prior to carrier dispatch.
Funds are uncancelable during transit. Shipper cannot revoke payment once wheels roll.
Clean e-POD triggers electronic EFT release into carrier's verified bank account in 24h.
3.4. Withholding of Escrow Funds: The Shipper has a statutory 24-hour window from offloading timestamp to declare formal written cargo damage, shortage, or contamination with forensic photographic proof. Absent formal dispute lodgement, funds transfer automatically.
4. Electronic Proof of Delivery (e-POD) & Waybill Protocol
4.1. The term Electronic Proof of Delivery (e-POD) represents an admissible electronic document under Section 15 of the Electronic Communications and Transactions Act (Act 25 of 2002).
4.2. For an e-POD to be legally binding and trigger automatic TradeSafe settlement, the Transporter must capture and submit via the Loads For Africa mobile terminal:
- High-resolution photograph of the physically stamped, counter-signed master delivery note.
- Consignee representative printed name, verified South African ID or passport number, and digital touchscreen signature.
- Automated GPS geofence timestamp corroborating vehicle presence within 150 meters of consignee delivery coordinates.
- Certified weighbridge exit slip (for bulk commodities, grain, scrap steel, and ore consignments).
5. Goods In Transit (GIT) & Underwriter Liability Tiers
All transport operations are subject to standard carrier risk allocations under the South African Common Law of Carriage, modified as follows by statutory agreement:
| Cargo Class | Minimum Verified Cover | Insured Perils | Standard Excess / Deductible |
|---|---|---|---|
| Tier 1: General Dry Freight | R 2,500,000.00 | Accident, Roll-over, Impact, Fire, Armed Hijack | 10% of claim (Min R15,000) |
| Tier 2: Cold Chain / Reefer | R 3,500,000.00 | Thermal variation, Reefer unit motor breakdown (>4h) | 12.5% of claim (Min R25,000) |
| Tier 3: Copper, Electronics & FMCG | R 5,000,000.00 | Full all-risks, Armed escort mandatory along N1/N4 | 15% of claim (Min R50,000) |
| Tier 4: Mining Bulk & Agrigrain | R 1,500,000.00 | Collision, Spillage clean-up, Environmental salvage | 10% of claim (Min R10,000) |
5.3. Shipper Top-Up Declarations: Where cargo valuation exceeds R5,000,000.00, the Shipper is obligated to declare full replacement value at point of quote request and purchase supplementary cargo marine/transit top-up cover via the Loads For Africa underwriter widget.
6. Demurrage, Weighbridge Standing Time & Detention
6.1. Standard Free Time: Carriers must be loaded or offloaded within a complimentary 3 (three) hour free-time window commencing from verified gate entry arrival timestamp.
6.2. Standing time incurred exceeding the 3-hour window is charged automatically to the Cargo Owner's escrow account according to the following statutory schedule:
6.3. Border Queue Demurrage: Demurrage at international crossing corridors (Beitbridge, Lebombo, Groblersbrug) takes effect only when delays are caused by inaccurate customs documentation, missing SARS SAD500 declarations, or shipper clearing agent default. Standard immigration queues are exempt up to 24 hours.
7. Axle Mass Loading, Overload Indemnity & Hazardous Goods
7.1. National Road Traffic Act (Act 93 of 1996): Both Cargo Owners and Carriers acknowledge strict statutory liability under the NRTA Axle Mass regulations. The platform enforces an uncompromising zero-tolerance policy regarding overloaded commercial combinations.
If an official SANRAL Traffic Control Centre or provincial weighbridge imposes fines, offloading penalties, or impoundment fees caused by misleading cargo manifests or incorrectly loaded mass declarations provided by the Shipper, the Shipper indemnifies the Carrier in full and shall settle all statutory fines within 48 hours.
7.2. Dangerous Goods (ADR / SANS 10228): Consignments containing Hazchem substances (Flammable liquids, corrosive acids, lithium payloads) must be pre-cleared with valid Tremcards, unexpired operator emergency cards, and vehicle Hazchem placard certifications. Undeclared hazardous goods result in instant carriage cancellation and criminal referral.
8. SADC Cross-Border Transit & Customs Carnet Regulations
8.1. For freight transiting through or destined for Southern African Development Community (SADC) partner states (including Zimbabwe, Zambia, Botswana, Mozambique, and Namibia), all operations are subject to the COMESA-EAC-SADC Tripartite Transit Transport Facilitation framework.
8.2. Shippers are strictly responsible for furnishing:
- SARS SAD500 Export Clearance Bills of Entry and Commercial Tax Invoices.
- SADC Certificate of Origin validated by the relevant Chamber of Commerce.
- Phytosanitary inspection certificates for fresh produce and agricultural grain.
- Bonded warehouse release orders for goods under bond (CD1 / Bill 10).
9. Platform Service Fees, Cancellation & Force Majeure
9.1. Matching Brokerage Fee: Loads For Africa levies a transparent variable brokerage facilitation commission (between 2.5% and 5.0% depending on route mileage and volume tier) deducted automatically from the escrow disbursement.
9.2. Cancellation Schedule:
9.3. Force Majeure: Neither party is liable for defaults resulting from civil unrest, major bridge collapses, unannounced border closures by government decree, or declared states of disaster under the Disaster Management Act.
10. Governing Law, Dispute Resolution & Commercial Arbitration
10.1. This Master Freight Service Agreement is governed solely and construed in accordance with the laws of the Republic of South Africa.
10.2. Expedited AFSA Arbitration: Any dispute arising from carrier damage, demurrage balances, or escrow retention exceeding R50,000.00 shall be referred to and conclusively resolved by arbitration under the expedited rules of the Arbitration Foundation of Southern Africa (AFSA).
10.3. The seat of arbitration shall be Johannesburg, Gauteng. The award of the arbitrator shall be final, binding, and may be made an order of the High Court of South Africa (Gauteng Local Division).
Electronic Contractual Execution
Statutory Consent under Electronic Communications and Transactions Act No. 25 of 2002