Hazardous Materials Policy
© 2023 Last Updated On: 17/01/2023
For purposes of this Agreement, the definition of “Hazardous Materials” including “Hazardous Substances” shall be as defined as set out in the National Road Traffic Act 93 of 1996 as amended (such terms together referred to herein as “Hazardous Materials”).
- Client has represented to Haulx that all goods or materials which Client will tender to Delivery Drivers in connection with Client’s use of the Shipping Solution do not constitute or contain Hazardous Materials.
- Client will not deliver to Haulx or any Delivery Driver any Products, goods or materials that constitute or contain Hazardous Materials, as defined in this Hazardous Materials Policy, unless, prior to delivery of such Hazardous Materials, Client has: notified Haulx, in writing, of Client’s intent to deliver such Hazardous Materials; provided Safety Data Sheets (“SDS”) or other written information, satisfactory to Haulx, in Haulx’s sole discretion, which details the nature of the Hazardous Materials and any packaging or shipping specifications or limitations, and amended or updated Product listing and description, to reflect all such requirements; Haulx, in Haulx’s sole discretion, has, in writing, approved the transportation and delivery of such Hazardous Materials; and Provided an accurate and complete listing and description of all Products to be tendered to Delivery Driver in the shipment.
- If any Products, goods or materials which were not Hazardous Materials at the time the Client delivered them to the possession of Delivery Driver will subsequently be classified to constitute or contain Hazardous Materials, as defined in this Hazardous Materials Policy, Client will immediately notify Haulx that such Products, goods or materials have been classified to constitute or contain Hazardous Materials, and will provide Haulx the information required by the terms of service within 24 hours of Client learning that the Products, goods or materials have been classified to constitute or contain Hazardous Materials.
- If Client gives notice to Haulx, that Products, goods or materials which have been previously delivered to Delivery Driver have subsequently been classified as constituting or containing Hazardous Materials, Haulx may, in Haulx’s sole discretion, elect, in writing, to either continue to ship the Products, goods and materials constituting or containing Hazardous Materials, or, alternatively, to give notice to Client that all such Products, goods or materials will be returned to Client, or delivered to Client’s designee, as soon as reasonably possible, at Client’s expense. If Haulx, in its sole discretion, elects to require the return of such Products, goods or services to Client, then Haulx may, at its sole discretion, utilise the services of an independent contractor which specialises in handling, packaging and shipments of Hazardous Materials, and charge all expenses and costs so incurred back to Client, and such expenses and costs will be considered services rendered for purposes of the Agreement and subject to accessorial charges and fees as set forth in the Agreement.
- Should Client tender any Products, goods, or materials to Haulx or any Delivery Driver, which Client reasonably believed not to constitute or contain Hazardous Materials, but which in fact did, at the time of tender to Haulx or Delivery Driver, constitute or contain Hazardous Materials, the provisions of the terms of service will control for purposes of the return of such materials to Client, as well as for purposes of liability and indemnification.
- If Client knowingly or unknowingly tenders to Haulx or any Delivery Driver Products, goods or materials which constitute or contain Hazardous Materials, without complying with the requirements of this Hazardous Materials Policy, Client will indemnify, defend and hold Haulx and Delivery Driver harmless against any and all liability which may arise from or relate to the transportation of such Hazardous Materials, such liabilities including, but not limited to, any cargo loss or damage and/or any party and/or third party claims for personal injury, death and/or property damage, including but not limited to damage to the environment, attorney’s fees and/or any penalties or fines levied upon Haulx or Delivery Driver by any law enforcement agencies.
- In the event that Client tenders Products that are not identified as containing Hazardous Materials as described above but Haulx or Delivery Driver reasonably questions whether such Products contain Hazardous Materials, Haulx or Delivery Driver may segregate such Products without liability until such questions are properly addressed.