1. RECITALS

1.1 Makatu has been appointed as a contractor for the delivery of new vehicles to CONSIGNEES in terms of the MAIN AGREEMENT.

1.2 The procedure to be followed by a CONSIGNEE for compensation in respect of any DAMAGE is set out hereafter.

2. DEFINITIONS

For the purpose of this document, unless the context requires otherwise:

• 2.1 CLAIMS MEDIATOR: An EMPLOYEE or representative of Makatu appointed to settle or mediate CLAIMS against Makatu.
• 2.2 CONSIGNEE: Any person whom Makatu is obliged to deliver vehicles to in terms of the MAIN AGREEMENT.
• 2.3 CLAIM: A claim lodged by a CONSIGNEE in accordance with section 4.
• 2.4 DAMAGE: Any damage or shortage in respect of a vehicle for which Makatu is liable to any CONSIGNEE in terms of the MAIN AGREEMENT.
• 2.5 DELIVERY NOTE/CONSIGNMENT NOTE: A delivery note as defined in the MAIN AGREEMENT.
• 2.6 MAIN AGREEMENT: The delivery agreement between Makatu and BMW, FORD, and MAHINDRA.
• 2.7 Makatu: Makatu Business Enterprises (PTY) LTD.
• 2.8 ORDER: A standard Makatu CLAIMS ORDER currently in use by Makatu or any of its wholly owned subsidiaries, servants, or agents.
• 2.9 EPOD: Electronic Proof of Delivery system used by Makatu for recording and verifying deliveries.

3. CONDITIONS OF PAYMENT

Makatu's liability to a CONSIGNEE for any NEGLIGENT DAMAGE to a vehicle is subject to the fulfillment of the following conditions:

• 3.1 The punctual compliance by the CONSIGNEE with the procedure set out in section 4.
• 3.2 The compliance by the CONSIGNEE with its obligations set out in sections 5.2, 5.3, and 7.

4. PROCEDURE

4.1 Upon receipt of any vehicle(s) delivered by Makatu, the CONSIGNEE or their representative shall:

• 4.1.1 Inspect the vehicle for any DAMAGE in the presence of the Makatu driver or representative, which inspection:
  • 4.1.1.1 Shall not commence later than 30 minutes after delivery of the vehicle, provided that such delivery takes place during normal business hours;
  • 4.1.1.2 Shall not exceed 5 minutes per vehicle, unless a prior arrangement acceptable to both parties has been made; and
  • 4.1.1.3 Shall only note DAMAGE visible from 2 meters away from the vehicle.
• 4.1.2 Point out to the Makatu driver any DAMAGE found to the vehicle and;
• 4.1.3 Record on the DELIVERY/CONSIGNMENT NOTE and the Delivery App (EPOD), under the heading “Additional Remarks” all DAMAGE to the vehicle which was pointed out to the Makatu driver in accordance with section 4.1.2 and;
• 4.1.4 Ensure that the DELIVERY/CONSIGNMENT NOTE and the Delivery App (EPOD) are countersigned by the Makatu driver or representative.
• 4.1.5 Sign and date the DELIVERY/CONSIGNMENT NOTE using the Delivery App (EPOD), which will capture the GPS location of the signature and;
• 4.1.6 Return the original and all other copies of the DELIVERY/CONSIGNMENT NOTE to the Makatu driver or representative.
• 4.1.7 Mandatory Photographic Evidence: Take and upload photos of any DAMAGE via the Delivery App (EPOD) at the time of delivery. Ensure the photos are attached to the corresponding delivery record.

4.2 In the event where DAMAGE is found to a vehicle and provided that the procedure in section 4.1 has been complied with, the CONSIGNEE shall:

• 4.2.1 Within 24 hours of receipt of a vehicle (the date of delivery being the first day):
  • 4.2.1.1 Notify Makatu at the appropriate address referred to in section 9, in writing, by email, telephone, or telefax of any DAMAGE and;
  • 4.2.1.2 Supply full particulars of the nature and extent of the DAMAGE and;
  • 4.2.1.3 Supply full particulars of any other information which may be required by Makatu or which may be relevant regarding the processing of the CLAIM and;
  • 4.2.1.4 Supply two written quotations for the repair of the vehicle or;
  • 4.2.1.5 Supply any other acceptable proof of the price of any missing spare parts or items.

4.3 Verification: The Claims Mediator will verify the authenticity and accuracy of the submitted documents and quotations by contacting the vendors and conducting an internal review.

5. ASSESSMENT

5.1 Upon notification of a CLAIM in accordance with section 4, an automated email will be triggered to the Claims Liaison. The Claims Liaison will then communicate to the CONSIGNEE confirming receipt of the claim.

• 5.2 Makatu shall be responsible for DAMAGE incurred only during transit and not for fitting, rebuilding, or manufacturer defects.
• 5.3 The Claims Liaison will then arrange for a Makatu CLAIMS MEDIATOR to inspect the DAMAGE to a vehicle within 5 business days of receiving the claim to assess its liability to the CONSIGNEE.
• 5.4 The CONSIGNEE shall allow a Makatu CLAIMS MEDIATOR to inspect the vehicle at its premises, irrespective of whether the CONSIGNEE has been notified of an intended inspection or not.
• 5.5 Upon inspection of the vehicle by the Makatu CLAIMS MEDIATOR, the CONSIGNEE shall produce the documents referred to in sections 4.1.5 and 4.2.1.4 and 4.2.1.5.

6. PAYMENT

Should a Makatu CLAIMS MEDIATOR be satisfied that the procedures in sections 4 and 5 have been complied with and provided that all requirements for liability in terms of the MAIN AGREEMENT have been met, the CLAIMS MEDIATOR shall issue an ORDER to an approved supplier or repairer or the CONSIGNEE himself for the repair of the vehicle or the replacement of shortages within 10 business days of the inspection.

Within 30 days of receipt of a statement in respect of the ORDER, Makatu shall pay an amount equal to the amount reflected in the statement to the supplier, repairer, or CONSIGNEE.

7. RETENTION OF DAMAGED GOODS

The CONSIGNEE shall keep all broken or damaged items on its premises for inspection by the CLAIMS MEDIATOR and the ownership in respect of such items shall upon issue of an order in accordance with section 6, vest in Makatu.

8. INTERPRETATION

8.1 For the purpose of this document, unless the context requires otherwise:

• 8.1.1 The singular shall include the plural and vice versa;
• 8.1.2 A reference to any one gender, whether masculine, feminine, or neuter, includes the other two;
• 8.1.3 Any reference to a natural person includes an artificial person and vice versa.

8.2 All the headings in this document are for convenience only and are not to be taken into account for the purpose of interpreting it.

9. GENERAL

• 9.1 It is hereby recorded that nothing in this document should be construed so as to render Makatu liable to the CONSIGNEE for the compensation of any DAMAGE for which Makatu would have been liable in terms of the MAIN AGREEMENT.
• 9.2 Notwithstanding anything else contained in this document, Makatu reserves the right to alter or vary the provisions of this claim procedure from time to time.
• 9.3 This document contains the entire claims procedure between the parties and no other provision, save as in accordance with this document, will be of any effect. No act of leniency, indulgence, or any waiver of its rights may operate as an estoppel against Makatu.
• 9.4 All notices and claims to be lodged with Makatu shall be at the following addresses for the area concerned, with the Liaisons available from 9 AM to 3 PM:

9.5 An email containing this claims procedure will be provided in the introduction/welcome emails to new CONSIGNEES.