Scope & Binding Indemnity Principles
This site-wide Operator Indemnity and Risk Allocation Framework governs all client engagements, subcontract agreements, site access authorizations, and fleet assignments executed by Chengeto Group (Pty) Ltd and its operating subsidiaries across the Republic of South Africa.
By commissioning services, granting physical site access, or receiving heavy mechanical plant, the client (designated as the "Principal" or "Site Owner") agrees to the allocation of risk and indemnification conditions set forth herein.
OHS Act Section 37(2) Mandatary Agreement
In accordance with Section 37(2) of the Occupational Health and Safety Act (Act 85 of 1993), this section formalizes the statutory arrangements between Chengeto Group (the "Mandatary") and the commissioning Client / Principal Contractor:
Chengeto Group warrants that all deployed machinery operators, drivers, and technical crews possess current accredited competency certificates, valid Code 10/14 (PrDP) driver permits, and valid occupational medical certificates of fitness.
All mechanical plant (vacuum tankers, bulk water vessels, TLBs, excavators, and chippers) are maintained in roadworthy and mechanically sound order, adhering strictly to Driven Machinery Regulations (DMR).
The Mandatary agrees to comply with the reasonable and lawful health and safety rules established on the Principal's site, subject to prior induction and clear risk communication.
Heavy Fleet Access, Paving & Kerbing Indemnity
Chengeto Group’s commercial vacuum tankers, bulk water tankers, and heavy plant weigh between 14 and 32 Gross Vehicle Mass (GVM) metric tonnes when fully laden.
Driveway, Pavement & Slab Disclaimer: When a client requests or directs a Chengeto Group heavy vehicle off a gazetted public roadway onto a private driveway, residential paving, decorative brickwork, grass verges, or unreinforced concrete slabs:
- The Client warrants that the ground, roadbed, bridge, or driveway can withstand axle loads up to 16,000 kg.
- Chengeto Group and its drivers shall be held completely indemnified and harmless against cracking, sinking, shifting, or cosmetic damage to paving, tiles, curbs, or subterranean drainage channels directly caused by vehicle mass.
Where access stability is uncertain, our operators are instructed to position the vehicle at the road verge and utilize extended suction/delivery piping up to 60 meters.
Subterranean Utilities, Servitudes & Demarcation
During excavation, site clearing, tree root extraction, and high-pressure suction operations:
The Client is strictly responsible for providing accurate site servitude diagrams identifying all subterranean electrical cables (Eskom / municipal), fiber optic lines, gas mains, irrigation pipes, and borehole lines.
Chengeto Group accepts no liability whatsoever for incidental ruptures or severance of buried cables, septic pipes, or water conduits that were not physically marked or disclosed in writing prior to operation commencement.
Broadform Public Liability Coverage (R10,000,000)
To provide enterprise clients with complete peace of mind, Chengeto Group maintains a comprehensive Commercial Broadform Public Liability Policy underwritten by leading South African corporate insurers:
| Insurance Category | Insured Limit | Applicable Scope |
|---|---|---|
| Third-Party Public Liability | R10,000,000.00 | Any single occurrence on contracted client sites |
| Commercial Fleet & Third-Party Property | Comprehensive | All heavy tankers, plant machinery & support bakkies |
| Defective Workmanship & Products | R5,000,000.00 | Solar installations, structural pest control, bulk water purity |
*Official Certificates of Currency and Insurer Confirmation Letters are provided upon contract award or formal SHEQ file onboarding.
Claims Notice, Arbitration & Jurisdiction
This agreement is governed in all respects by the laws of the Republic of South Africa.
- Notice Period: Any claim arising from operational damage or alleged contractor negligence must be submitted in writing within 48 hours of occurrence to enable loss-adjuster site inspection.
- Mitigation Duty: The site owner must take all reasonable immediate steps to mitigate consequential loss.
- Jurisdiction: Both parties consent to the jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria / Johannesburg).