These Terms and Conditions form the contractual foundation governing all sales, hires, and services provided by Big Mex Trailers. By placing an order or engaging services, the customer affirms acceptance and agreement to these binding terms, which are designed to ensure clarity, fairness, and mutual protection.
1. Definitions (Purpose and Importance)
Precise definitions eliminate ambiguity in commercial agreements. Key terms such as Charges, Contract, and Equipment are established to ensure both parties operate from a shared understanding. For instance:
-
Charges are not just fees but can include ancillary costs like transport, insurance, or additional service fees.
-
Force Majeure provisions recognize that unforeseen, uncontrollable events (e.g., natural disasters, labor strikes) may interrupt obligations without penalty.
-
Defining We/Us/Our and You/Your clarifies which party holds rights and responsibilities in different contexts (sale, hire, service).
By defining these elements upfront, Big Mex Trailers reduces the risk of later disputes about obligations or entitlements.
2. Basis of Contract (Why Exclusivity Matters)
Big Mex Trailers operates exclusively under its Terms to avoid inconsistencies or conflicting obligations. Customer-supplied terms (e.g., purchase orders with pre-written conditions) are expressly excluded unless agreed in writing. Product images, brochures, or online descriptions are for illustrative purposes only — legally, the contract is based on agreed specifications, not marketing material. This protects against claims based on minor discrepancies between promotional content and delivered goods.
Risk tested: Customers must verify critical specifications before finalizing a transaction — responsibility for due diligence rests with them.
3. Charges and Payment (Protecting Commercial Viability)
Pricing stability is balanced with flexibility:
-
Quotation validity limits Big Mex’s exposure to market volatility.
-
Deposit requirements ensure customer commitment and mitigate the risk of late-stage cancellations.
-
Full payment before dispatch safeguards Big Mex’s cash flow and avoids credit risk unless other terms are negotiated.
-
Interest on overdue accounts deters late payment and protects financial health.
By reserving the right to adjust prices based on material or logistics cost changes, Big Mex ensures sustainability even when global or local market conditions fluctuate.
Counterpoint: In a high-inflation environment (like recent trends in South Africa), including clear price adjustment clauses shields Big Mex Trailers from cost overruns that could otherwise erode profitability.
4. Risk and Ownership (Protecting Assets)
The policy that risk transfers at delivery, but ownership remains until full payment is made, is a standard commercial safeguard:
-
Hire clients never gain ownership, maintaining Big Mex’s right to repossess if terms are breached.
-
Sales clients are protected under retention-of-title clauses — if payment is defaulted, Big Mex can recover the goods without litigating for damages.
Reality check: In a default situation, this arrangement drastically improves Big Mex’s ability to recover value quickly compared to unsecured creditors.
5. Delivery and Services (Managing Customer Expectations)
Delivery timeframes are not guaranteed, recognizing the realities of transport logistics (e.g., port congestion, fuel shortages, regional unrest). Responsibility for site conditions (clear access, firm ground) is placed on the customer, shifting risk away from Big Mex for damages caused by poor access or ground failures.
Alternative perspective: Many businesses overlook site readiness clauses — including this protects Big Mex from claims related to delays or damages on delivery.
6. Force Majeure (Legal Defense Against Uncontrollable Risks)
This clause excuses Big Mex from liability if unforeseen events disrupt service. It ensures fairness: if either party cannot perform due to external events, they can cancel with notice and without penalty — but Big Mex is entitled to recover incurred costs up to that point.
7. Returns and Refunds (Balancing Flexibility and Protection)
The returns policy is clear and fair:
-
No cancellation post-dispatch reflects commercial practice, as goods are committed to transport.
-
Seven (7) working days cancellation window is consumer-friendly and aligns with global best practices for distance selling (even if not strictly legally required for B2B transactions).
-
Custom-built items non-returnable protects against losses on non-resalable goods.
-
Refund timelines and cost allocations are clearly defined to avoid later disputes.
Critical view: This structure protects Big Mex from abuse of returns rights while maintaining reasonable consumer protection standards.
8. Care and Maintenance (Reducing Depreciation Risk)
Hired Equipment must be maintained by customers, preserving Big Mex’s asset value. Unauthorized modifications are prohibited — this prevents customers from damaging the structural integrity or resale value of containers or other units.
Skeptic view: Without this clause, Big Mex could face significant refurbishment costs post-hire, reducing long-term profitability.
9. Loss or Damage (Ensuring Accountability)
Damage beyond normal wear-and-tear must be remedied at the customer’s expense. This discourages negligent use and ensures the fleet remains in rentable or resalable condition.
10. Liability (Limiting Exposure)
Big Mex Trailers limits liability to direct damages only, avoiding exposure to speculative or consequential losses (e.g., lost profits from a delayed site opening). Critically, liability for death or personal injury caused by negligence remains uncapped, as required by law.
Reality check: Liability caps are essential to keep potential claims proportionate to the value of the transaction, protecting Big Mex against existential legal risks.
11. Termination (Exit Rights and Risk Management)
Termination provisions allow either party to exit after the minimum hire period with notice — important for flexibility. Immediate termination rights protect Big Mex against non-payment, insolvency, or material breaches, and enable rapid repossession of assets.
12. Governing Law (Jurisdictional Clarity)
Applying South African law ensures the contract is interpreted under a familiar and stable legal framework. Exclusive Cape Town jurisdiction centralizes legal risk geographically.
13. Amendments (Agility Clause)
Allowing Big Mex to amend Terms with notice preserves flexibility to respond to changing business or legal environments, while providing reasonable advance notice to customers.
