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In this shipping agreement, “we”, “our”, “us” refer to FloCargo, its subsidiary and branches.
“You” and “Your” refer to the shipper, its employees, principals and/or agents. The shipper in this agreement is the person or entity who delivered the cargo to FloCargo and who requested any of our logistics services.
This Agreement is not negotiable and therefore binding on both parties once we accept your shipment. Thus, by dropping off your shipment with us or sending your shipment to us or authorizing us to pick up your shipment, you agree to all the terms and conditions herein contained. This Agreement sets forth the rights, duties and obligations and, in certain cases,
liabilities of parties having interest in any shipment.
You also agree and acknowledge that we reserve the right, at our sole discretion to change or modify these terms and conditions at any time. Please review these terms and conditions periodically, especially before sending your shipment, as your use of our service(s) each time constitutes an acceptance of any modified terms and conditions.
• You warrant that each article in the shipment is properly and correctly described on the shipping document and that the shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling. We may assist but will not ultimately be responsible for any shipment that is not properly marked and addressed
and packed to ensure safe transportation with ordinary care in handling.
• You undertake that there are no dangerous goods in the shipment and that if there is any dangerous item as published by the Dangerous Goods Regulation from IATA, that you have stated it in the applicable shipping documents to comply with all International Air Transport Association (“IATA”) regulations or other applicable law(s) for shipment of dangerous goods.
• You agree that you are aware of our published shipping rates and charges at the time of dropping shipment with us, and that you are also aware that shipping rates are based on actual (dead) or dimensional (volumetric) weight, whichever is greater. Dimensional weights for International Airfreight shall be calculated based on the standard formula used by either Fedex, UPS or DHL and where there is a difference in all, the formula for DHL shall apply. Please see our Frequently Asked Questions published on our website for more details or see examples of shipping calculations by clicking here.
• You agree that we may complete, correct or replace for you, the documents submitted if found to be inappropriate for the service or destination requested and at your expense.
• You agree to make payment in full of shipment once notified and agree that the shipment may be delayed or dropped totally if payment is not received 24 hours after invoice and notice has been sent.
UNDERTAKING AGAINST ILLEGAL USE/FRAUD:
• You undertake that the contents of all shipments are goods owned by you which have been obtained through legitimate means. You agree not to deliver any shipment to us that has a lien on it, or that is not lawfully owned by you, either by using a stolen credit card or false PayPal account. Anyone found guilty of this offence will be handed over to the police and imprisoned for 7 years.
• You further undertake that any use of our Service and/or Account shall be in compliance with all applicable International laws, including laws related to the transportation and export of commercial matter, which may include without limitation laws related to banking, money laundering, trade sanctions and terrorist activities
• You agree that for goods delivered to us for shipping, we are at liberty to conduct a proper verification to confirm that the goods were genuinely purchased. You further agree that if there are inconsistencies with any purchase, your item will be immediately returned to the Seller or Sender.
• You agree that goods delivered to us, later discovered to have been obtained through fraudulent or other unlawful or inappropriate means or in violation of this clause may result in the forfeiture, return to seller/merchant, or destruction of shipment, along with notification to the police and/or appropriate government authorities either in the country of departure or destination, and that such goods may only be released to you upon a written authorization from the government agency.
• You further agree that all subsequent shipments in our warehouse will be returned to the Seller/merchant and all shipping costs outstanding for such return will be paid by you if found to be fraudulently purchased.
RESPONSIBILITY FOR PAYMENT:
• You will always be primarily responsible for all charges, including transportation charges, possible surcharges, customs charges, duties and any other government imposed taxes, levies, fines and fees and our lawyers’ fees and other legal costs related to shipment, storage, handling, re-consignment, return of freight to shipper, disposition or other costs which we may incur by reason of your violation of this agreement or any of your default, default from the consignee or their agents. You agree to make all such payments including in circumstances where the consignee ought to but refuses to pay.
• You agree that we have a lien on any goods shipped where there is a failure to pay for charges under this agreement and therefore may refuse to surrender possession of the goods until such charges are paid.
• In circumstances where the seller or shipper of your item is unavailable during business hours when pick up is attempted, an additional charge may be made at ruling rates for each pick-up attempt until the pickup is accomplished. An email will be sent detailing this charge to you and you agree to pay for all such charges.
• Failure to make payments 5 working days after notice has been sent will incur demurrage charges based on the nature and volume of your packages for all Import services to Nigeria via Air or Sea Freight.
We reserve the right to reject your shipment – after acceptance and prior to the performance of any part of the transportation service – for whatever reason we deem fit including but not limited to disagreements on processes or pricing; when shipments might cause damage or delays to other shipments; when shipments might cause damage or delays to equipment or personnel.
This will also apply if the transportation of your shipment is prohibited by any national or international law or is in violation of any rules contained within our terms and conditions or any other suitable form of documentation or our tariffs.
RIGHT TO INSPECT:
We may at our discretion open and inspect any shipment for any reason including but not limited to verification of contents prior to or after acceptance of the shipment for transportation. Your shipment may also be subject to inspection by statutory bodies / authorities either at the airport
or port of origin and / or at the airport or port of destination. We will not be responsible for the actions of any such bodies / authorities and you will be required to address any concerns raised.
HEALTH AND SAFETY:
Just as we reserve the right to reject packages based upon certain limitations for either legal / statutory reasons or for reasons of safety and security so also do we reserve the right to refuse customers entry into designated areas of any of our premises for either legal / statutory reasons
or for reasons of health and safety. We also will not accept any physical, verbal or psychological abuse of our staff or representatives and reserve the right to seek legal redress and or civil compensation.
NOTICE OF LIMITATION OF LIABILITY – AIR AND SEA CARRIAGE NOTICE:
If the carriage of your shipment by air involves an ultimate destination or stop in a country other than the country of departure the Warsaw / Montreal Convention, an international treaty relating to international carriage by air, may be applicable. This treaty would then govern
and limit our liability to US$25.00 per package.
Likewise, if the carriage of your shipment by sea involves an ultimate destination or stop in a country other than the country of departure the Hamburg Convention, an international treaty relating to international carriage by sea, may be applicable. This treaty would then govern and
limit our liability to US$20.00 per package.
LIMITATION OF LIABILITY:
Unless you declare a higher shipment valuation and pay the fee, our limit of liability is the lower
of the following:
(a) Actual value of the package when lost or damaged or
(b) For shipments sent by air: US$25.00 per package when lost or damaged or
(c) For shipments sent by sea: US$20.00 per package when lost or damaged.
We deem a package to be each piece as marked as the total number of pieces within a shipment as stated on our airway bill / warehouse receipt / shippers declaration or any other suitable form of documentation and does not include the number of pieces within the package i.e. does not include supplementary units unless the loss or damage to supplementary units are across more than one package in which case they will be calculated on a pro rata basis to determine the number of lost or damaged packages. In any event we will not be liable for acts of omission including but not limited to inadequate packing, marking, or addressing, or for acts of omission of the receiver or any party having interest in the shipment.
We are also not liable for theft, loss, damage or delay caused by circumstances outside of our control, including but not limited to Acts of God; perils of the air or sea; airline or ocean liner inadequacies; adverse weather conditions; natural disasters; acts of public enemies; strikes; civil
commotion; civil unrest or acts of omission by statutory bodies / authorities such as customs, police, immigration and quarantine officials who have actual or apparent authority. We also are not liable if you or the receiver violate any terms of this contract.
To extend your protection beyond our limit of liability, you may elect to purchase insurance by designation on our airway bill / warehouse receipt / shippers declaration or any other suitable form of documentation and pay the premium. Such insurance coverage is governed by the policy in force. You may alternatively elect to purchase insurance of your own accord and be subject to the governance of such a policy. We are under no obligation to advise you to insure your goods and are under no obligation to reimburse you for any lost or damaged goods if you failed to extend your protection beyond our limit of liability. We will take it as read that if no mention of
insurance is made during any transaction that you have either decided not to insure your goods or have made your own arrangements. Please note that the value declared to us at the onset of any transaction will remain the value at which your shipments will be treated up until the very
end of the transaction. Retrospective valuations are unacceptable which implies that any recompense due for insured goods will be based on the declared value of the goods at the time
the premium was paid. Furthermore, if you decide to insure your goods but fail to provide proper documentation to substantiate/validate the value of your goods whilst they are in our possession we will deem the value to be less than or equal to but no more than $500.00.
We shall make every reasonable effort to deliver your shipment within the stipulated timeline, but this is not guaranteed and does not form part of this contract. We will not be liable for any delay that we deem to have been beyond our control.
DELIVERY OF SHIPMENTS:
We reserve the right to refuse to deliver your shipment – after acceptance and after the performance of any part of the transportation service – to a destination or location within a destination. However, once your shipment has been accepted, we shall make every reasonable effort to deliver the shipment according to our normal delivery schedules to the address provided at the beginning of the transaction, but this is not guaranteed and does not form part of this contract. Where we find it impossible / impractical /not feasible to deliver to an address provided at the beginning of the transaction you will be required to provide us with an alternative address that is not impossible, impractical or infeasible to deliver the shipment to. If you are unable to provide us with such an alternative address, the shipment will be taken back to our designated warehouse upon which a further delivery will be attempted if we receive an alternative address or you may wish to make your own arrangements to collect the shipment from the designated warehouse. You may be charged for any further deliveries of the same shipment if you do not wish to make your own arrangements to collect the shipment from the designated warehouse.
Furthermore, you may be required to pay for storage whilst we await an alternative address or whilst we wait for you to make your own arrangements to collect the shipment from the designated warehouse.
STORAGE / DEMURRAGE:
There will be a minimum term of retention at each of our designated warehouses and or within our premises (which may not be within an actual warehouse) and charges will apply if this term is exceeded. You are advised to enquire at the onset of each transaction what the term of retention is and what charges will apply. We reserve the right to dispose of goods left in any of our designated warehouses or within our premises (which may not be within an actual warehouse) after the minimum term of retention which we deem to be abandoned even if any storage or demurrage charges have been paid. We are not a bona fide storage company therefore have neither the facilities nor the wherewithal to preserve your goods. To this end any
goods stored in our designated warehouses and or premises (which may not be within an actual warehouse) are done so at the owner’s risk and we will not be liable for any losses of or damages to such goods even if any storage or demurrage charges have been paid. Without prejudice, regardless of our prevailing term of retention, any goods stored in our designated warehouses and or premises (which may not be within an actual warehouse) for twelve months or more will be disposed of without alluding to the customer.
CHARGES AND RESPONSIBILITIES FOR PAYMENT:
Even when different payments instructions have been given and even if it is
after the performance of any part of the transaction/shipment, you will always be responsible for all charges including but not limited to transportation charges; all auxiliary charges; all duties and other Customs assessed fees; governmental or statutory body / authority penalties or fines;
taxes and our attorneys’ fees and legal costs relating to any shipment belonging to you (or your representative) and the warehousing of any such shipment even if pending disposition. You will be responsible for any additional and/or forgotten charges incurred as a result of your
transaction/shipment regardless of any previous quotes or payments made in relation to that particular transaction/shipment. Payments for transactions/shipments will be based on the higher of either the dead weight of the goods or the volume weight of the goods. We reserve the
right to change our charges without notification if we deem it to be necessary to do so.
VAT – UK SHIPMENTS (EQUIVALENT TAX – ALL OTHER COUNTRIES):
We are not responsible for the processing or the refund of VAT in the UK (or the equivalent tax in all other countries) for shipments that have been exported using our services. You are advised to discuss these tax issues with your supplier before the purchase of your goods. We will endeavour to provide your supplier in the UK with proof of export within four weeks of your goods leaving the UK (other conditions apply in all other countries) but do not take responsibility if for whatever reason your supplier refuses to process or refund your VAT in the UK (or the equivalent tax in all other countries).
By giving your shipment to us, you hereby appoint us as your agents solely for the performance of custom clearance and certify us as the consignees for the purpose of designating a customs broker to perform customs clearance (unless you specify a customs broker on our airway bill /
warehouse receipt / shippers declaration or any other suitable form of documentation). In some circumstances statutory authorities may require additional documentation confirming our appointment. It is your responsibility to provide proper documentation and confirmation where
required. You are responsible for and warrant your compliance with all applicable laws, rules and regulations including but not limited to customs laws, import and export laws and government regulations of any country to or from or through or over which your shipment may be carried.
We will not be liable for any goods taken in part or in full by any statutory official(s) who has (have) actual or apparent authority.
CLAIMS FOR LOSS, DAMAGE OVERCHARGING OR DELAY:
All claims for reimbursement must be made in writing to us within specific time periods after the date on which we deliver your shipment as follows:
(a) Within 24 hours after the delivery if the shipment is perishable and if the receiver has signed a delivery receipt with or without notation
of damage or loss. We must be notified in writing of the loss or damage.
(b) Within 48 hours after the delivery if the shipment is non perishable and if the receiver has signed a delivery receipt
without notation of damage or loss. We must be notified in writing of the loss or damage.
(c) Within 7 days after the delivery if the shipment is non perishable and if the receiver has signed a delivery receipt with notation of damage or loss. We must be notified in writing of the loss or damage.
(d) Within 14 days if it is an overcharge claim. We must be notified in writing.
(e) Within 14 days if it is a claim for delay. We must be notified in writing but please note that we will not be liable for any delay that we deem to have been beyond our control.
Furthermore, we make no guarantees of any financial settlement or refund for a delay claim.
We will deem these Terms and Conditions (Contract) to be binding for as long as you or your representative have received our airway bill / warehouse receipt / shippers declaration or any other suitable form of documentation OR have been in receipt of electronic correspondence
from ourselves such as an e-mail OR have used our services at least once in the past. We make no warranties expressed or implied and we reserve the right to change or amend any of our policies or charges without recourse to consultation or without notice.
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