The General Rules and Tariffs, as set forth by the carriers, will in every instance take precedence in all legal proceedings.
All Terms, including, but not limited to, all the limitations of liability, shall apply to the selected carriers, their agents and contracted carriers.
We are freight brokers and NOT a freight carrier. We reserve the right, in our sole discretion, to refuse any shipment at any time.
We shall not be liable for any loss, damage, mis-delivery or non-delivery caused by the act, default or omission of the Carrier. We are not liable for any loss, mis-delivery or non-delivery caused by the act, default or omission of the Customer or any other party who claims interest in the shipment, or caused by the nature of the shipment or any defect thereof.
We are not liable for losses, mis-delivery or non-delivery caused by violation(s) by the Customer of any of the TERMS AND CONDITIONS contained in the Bill of Lading or of the carrier’s General Rules including, but not limited to, improper or insufficient packing, securing, marking or addressing, or of failure to observe any of the rules relating to shipments, goods of perishable nature or emitting obnoxious odours not acceptable for transportation or shipments acceptable only under certain conditions.
We are not liable for losses, mis-delivery or non-delivery caused by the acts of God, perils of the air, public enemies, public authorities, acts or omissions of Customs or quarantine officials, war, riots, strikes, labour disputes, weather conditions or mechanical delay or failure of aircraft or other equipment.
We are not liable for failure to comply with delivery or other instructions from the Customer or for the acts or omissions of any person other than our employees.
As stated above, Customs conducts inspections at the port of Entry into every country; we have no control over the decisions of International Customs on inspection and we shall not be liable for delay, seizure or destruction of any package by international customs for whatever reason.
Subject to the limitations of liability contained in the Bill of Lading and the carrier’s General Rules, we shall only be liable for loss, damage, mis-delivery or non-delivery caused by our own gross negligence. Our liability therefore shall be limited to the fees that we have earned with respect to the subject shipment.
WE CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN ANY EVENT, WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT WE HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
Domestic Transit Insurance
Through the purchase of our optional quoted cargo insurance, the enrolled Customer will receive an insurance policy equal to the declared value amount of the submitted goods. Proof of cost by receipt and mutual assessment would be required to arrive at this value.
We shall bear no responsibility, liability or involvement in the issuance of insurance, the denial of insurance, or in the payment of claims. In the event of cargo loss or damage, the Certificate Holder is to contact the Claim Agent noted on the Certificate of Insurance immediately.
FAILURE TO PURCHASE CARGO INSURANCE WILL RESULT IN CUSTOMER BEING LIMITED TO RECOVERY PURSUANT TO OUR GENERAL RULES WHICH ENTITLES THE CUSTOMER TO A REFUND OF ₦10,000.000
The Policy covers goods in transit from the port of shipment to the port of delivery subject to the terms and conditions contained therein. Service coverage is from door to door during the ordinary course of transit.
Insuring Conditions: All Risks of Physical Loss or Damage from any external cause.
Exclusions: Inherent Vice, inventory shortages or mysterious disappearance, nuclear reaction or nuclear radiation or radioactive contamination or insufficient packing or obnoxious odours and perished goods.
Limit any one conveyance: $50,000.00
Right to Reject Requests for Shipping Services
We reserve the right to reject any request for shipping in our sole discretion. Without limitation, any shipment containing any item that is considered a restricted article or hazardous material by international shipping standards.
We, our agents and carriers agree to use commercially reasonable efforts to, either directly or indirectly:
(a) match the item(s) of each shipment against the item(s) set forth on the shipping directions from Customer; (b) inspect each shipment and note all apparent damage on the appropriate freight bill, delivery receipt, or similar document evidencing delivery, and notify Customer of such damage; and (c) deliver all shipments to locations directed by Customer. We may ship the items by any means, including truck, air, vessel, or any other carrier, unless Customer gives specific electronic or written instructions to the contrary.
Customer Release of Liability
We shall not be held liable by Customer for the following:
Accuracy of item description, its contents, or its condition.
Proper packaging of items except we have specific instructions to pack on customers’ behalf.
Proper processing and preservation of otherwise perishable items.
Any other limit of liability related to the item being shipped.
We are independent contractors with respect to Customer, and nothing herein contained shall be construed to be inconsistent with such relationship or status.
Obligations of Customer
Customer represents and warrants to us as follows: (a) all items to be shipped will be completely and accurately marked to enable identification of the contents without opening any shipping or storage containers; (b) Customer will make every effort to accurately measure the dimensions and weights of all items and understands that our rate depends upon the accuracy of this information (c) Customer’s authorized representative(s) shall be identified to our agent or coordinator and shall be available at all times at the point of origination to sign, and shall sign, all documents evidencing pick-up of the items to be shipped by us; and Customer is the legally documented owner of all property received by us, and/or is authorized to cause such property to be stored and otherwise controlled by us as provided in the applicable Bill of Lading.
Any delay or failure of performance of either party to these TERMS AND CONDITIONS shall not constitute a breach or default of these TERMS AND CONDITIONS or any Bill of Lading, or give rise to any claims for damages, if and to the extent that such delay or failure is caused by an occurrence beyond the control of the party affected, including, but not limited to, acts of governmental authorities, acts of God, the discovery of materially different site conditions, wars, riots, rebellions, sabotage, fire, explosions, accidents, floods, strikes, lockouts, lockdown due to pandemic or changes in laws, regulations, or ordinances. In the event that a party intends to invoke this force majeure provision, that party shall provide prompt notice to the other party as soon as possible after the occurrence of the event giving rise to the claim of force majeure.
These TERMS AND CONDITIONS may be executed in hard copy by the Customer or via his/her proxy or checked as accepted via online order and will remain binding on all parties until the completion of the service.
Governing Law and Jurisdiction