Terms And Conditions

PLEASE NOTE THAT THE CUSTOMER WILL NOT IN ALL CIRCUMSTANCES BE ENTITLED TO COMPENSATION , OR TO FULL COMPENSATION, FOR ANY LOSS AND MAY BE SUBJECT TO CERTAIN OBLIGATIONS AND INDEMNITIES. THE CUSTOMER SHOULD THEREFORE SEEK PROFESSIONAL ADVICE AS TO APPROPRIATE INSURANCE COVER TO BE MAINTAINED WHILE CONSIGNMENTS ARE IN TRANSIT.

Definitions

For the purposes of these “General Conditions”, we consider:

  1. a) Client/Contracting party: anyone with rights or obligations related to the goods provided for under a contract for the provision of freight forwarding services, signed with a freight forwarder, or as a result of the latter’s activity regarding such services.
  2. b) Goods: any property, including live animals, as well as containers, pallets or transport or packaging equipment not supplied by the freight forwarder.
  3. c) Dangerous Goods: goods officially classified as such, as well as goods that are or may become or take on a dangerous, flammable, radioactive, toxic or harmful nature.
  4. d) Written: any visually expressed manner of permanently representing or reproducing words, including letters, fax, telex, telegram, email or any other record by electronic means.
  5. e) Freight Services: services of any kind related to the transport, consolidation, deconsolidation, warehousing, handling, packaging, logistics and/or distribution of goods, as well as ancillary and advisory services related to the shipment of goods, including the contracting of insurance and collecting of refunds.
  6. f) The Company: person that executes a contract for the provision of freight forwarding services with a Client, and for the purpose of these terms and agreement, My Naija Cargo LTD (and MNC Logistics LTD).
Scope

Any and all services provided by the Company, make place within the scope of the activity and the scheme defined in the corresponding legal by approved shall be governed, unless otherwise stated by these general contractual clauses.

Applicability

The Company shall provide its services in accordance with the client’s instructions, as agreed. In the absence of written directives providing different contractual conditions, the client, whether intervening or acting as the owner of property or goods, acting or not as agent or representative of another party, becomes liable for the rights and obligations established by these general conditions.

Presentation of prices
  1. Unless otherwise expressly stipulated, the prices proposed by the Company do not include duties, fees, taxes or charges that the Taxation and Customs Administrations or other official agencies may impose, and only apply to the cargo whose nature, weight and dimensions are considered normal for transportation, according to the respective regulations in force.
  2. The prices referred to in the preceding paragraph do not include any expenses and charges related to downtime, storage, repair or others of an ancillary nature, unless expressly stipulated in the conditions of the proposal, provided they have not been excluded by the client in a timely and formal manner.
Price alteration

The prices established may be altered, provided the circumstances have arisen which modify the conditions in which the proposals were based upon, namely:

  1. a) Inaccuracy or subsequent alteration of client statement regarding the content, weights, volumes and values of the goods subject of the service, or regarding the purchase and sale terms;
  2. b) Shipping in a manner that differs from that proposed by the freight forwarder or traffic interruptions on scheduled itineraries, requiring the use of more costly means or routes;
  3. c) Delays in services due to natural, political or any other kind of events not attributable to the freight forwarder;
  4. d) Alteration of regulations, conventions, fees, schedules or rates;
  5. e) Exchange rate changes.
Revision of prices and conditions

Unforeseen expenses possibly incurred by the Company due to force majeure or unforeseeable circumstances, in compliance with and during the exercise of its duties, as well as those incurred to ensure the preservation or protection of property or goods covered by the contract, make the corresponding revision of the stipulated conditions legitimate and enforceable.

Validity of proposals

For the purposes of application and implementation of the contractual clauses, the proposals shall be valid for the period of time indicated by the Company, being expressly understood that in the absence of such indication, the proposals shall expire fifteen days after the date of their submission to the client.

Written instructions

1. The client must list, in writing, in a clear, precise and complete manner, the instructions and specifications of the goods relating to the subject of each contract.
2. On the date of receipt of such instructions, the Company shall review the instructions in order to verify their conformity with the services undertaken.

Verification of instructions

Upon receiving the documents issued by the Company, the client must examine them carefully and immediately point out any mistakes or discrepancies so that the freight forwarder can, in due time, make the required corrections.

Inadequate or insufficient instructions
  1. If the client’s documents or statements contain any errors, inaccuracies, incompleteness or lack of information required for the proper execution of the contract, including the nature, value, weight, diameter or content of the goods subject of the contract, the client shall be held fully liable for the consequences resulting from such discrepancies.
  2. If the Company notes the existence of any discrepancies or irregularities referred to in the preceding paragraph, which may result in liability and/or damage to any of the contracting parties or third parties, he must immediately inform the client so that these discrepancies or irregularities can be corrected in due time.
  3. If any discrepancies or irregularities mentioned in the previous paragraphs are not corrected in time for the Company to implement services that comprise its obligations, the freight forwarder may rescind the contract or execute it according to the content of the client’s documents and statements, in which case all damages and liabilities directly or indirectly arising from those discrepancies or irregularities are the client’s responsibility.
  4. In the case of goods that are the object of purchase and sale agreements, the non-compliance of the client’s instructions with the conditions of such contract shall be the responsibility of the client.
Insufficient or inappropriate packaging
  1. The losses resulting from insufficient or inappropriate packaging are the responsibility of the client.
  2. If at any time during the provision of services, packaging is found to be damaged, the Company may execute the necessary repairs. The repairs will be at the client’s expense and the client will be informed of such repairs in advance unless the urgency of such repair prevents such advance notification.
  3. This urgency must be duly justified.
Dangerous goods
  1. Unless expressly agreed in writing, in each case, the Company shall not handle or transport dangerous goods or goods considered as such, or any others that may cause damage to third parties.
  2. If any client delivers goods of such nature, without the express agreement of the Company, he shall be liable for any loss or damage caused to the Company, and/or third parties and shall indemnify all damages, costs, fines or claims that arise from such goods and these may be destroyed or traded under the control of the competent authority, when deemed appropriate.
Special delivery conditions

The Company is only obliged to comply with special delivery conditions of goods and/or collection of amounts if, having received express instructions from the client in writing, accordingly, accepts them.

Instructions on handling of property or goods
  1. The Company may carry out other operations at the expense of the contracting party, including the collection or storage of property or goods, whether in compliance with instructions received from the contracting party, or for the period in which it awaits instructions, or as a result of interruptions or delays in transportation, and, in any case, he shall inform the contracting party immediately.
  2. In the absence of specific instructions from the contracting party, the Company shall use the ways and means deemed appropriate or possible for the forwarding of the property or goods subject of the service entrusted to him.
Other obligations of the Company

The Company only undertakes to carry out procedures or formalities with the competent entities expressly requested by the client; in any case, the freight forwarder shall not be liable for the damages that may result from refusal or delay by those entities or insufficient elements which, for this purpose, may have been provided by the client.

Goods groupage

Unless expressly stated otherwise, the Company may transport the goods in a groupage system, albeit jointly with goods of different clients and may use the itineraries and means that best fit the interests of the cargo and the client.

Goods insurance

The Company is not responsible for executing any insurance contracts to cover the risk of possible losses to property or goods during the transport that it has been charged with organizing and managing through contract, unless expressly, timely and duly authorized for that purpose, including the nature of the risks and the values to be covered by the insurance.

Refusal or failure to receive

If, for any reason, the recipient refuses to accept the goods that are the object of the services being provided or if such recipient has ceased its activity, the goods shall be considered at the expense and liability of the contracting party or of any party that may have replaced sit in dealing with the Company. Such party will continue to be liable for all service charges and possible return of goods.

Invoice payment
  1. The failure to pay the invoice issued by the freight forwarder within 48hrs from the time of submission, unless expressly agreed to the contrary, places the debtor in default on the obligation to pay interest at the legal rate.
  2. In case of non-payment and when the invoices involve payments in foreign currency, the invoices shall be subject to corrections resulting from exchange rate fluctuations that eventually occurred up to the payment date as well as any bank charges resulting from the respective operation.
Complaints against invoice

Notwithstanding the obligation to pay under the previously stated terms, the client has the right to dispute invoices or debit notes from the Company, provided they do so within 48hrs from the date of its submission and provide grounds for such dispute.

Provision

The Company may request funds from the client whenever it is necessary to pay for freight, customs duties and other duly justified costs, paid by the client.

Limitation of liability
  1. Except as otherwise provided in these conditions, the liability of the Company in respect of claims for physical loss of, mis-delivery of or physical damage to goods comprised within the consignment, however arising, shall in all circumstances be limited to the lesser of                 

 (a) the value of the goods actually lost or mis-delivered, at the place they should have been delivered; or the amount by which damaged goods have been depreciated in value by reason of that damage; or

(b) the cost of replacing the goods actually lost or mis-delivered and/or reconditioning or repairing any damage to the goods, or

Failure to collect or remove goods
  1. Notwithstanding the right to an adequate storage fee or fair compensation for damage caused, the failure to collect or remove, in a timely manner, the goods entrusted to the freight forwarder shall be grounds for termination of the contract.
  2. For the purposes of provisions contained in the preceding, the forwarding company shall notify interested party, informing it of the conditions and deadlines to collect the goods.
Right to withhold

Unless otherwise expressly stipulated, the forwarding companies may exercise the right to withhold the goods that have been entrusted to them as a result of their contracts, for the credits arising from them.

Expiration of the Right to Compensation

The right to compensation resulting from the liability of the forwarding company expires within 10 months from the date of completion of the contracted provision of services.

Confidentiality
  1. Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party except as permitted by these conditions.

 

  1. Each party may disclose the other party’s confidential information to its employees, officers, representatives, sub-contractor or advisers who need to know such information for the purposes of carrying out the party’s legal obligations; and as may be required by law, a law court of competent jurisdiction for the purposes of carrying out the party’s legal obligations.
Competent Court
  1. In the event of recourse to the courts, the selected courts within the jurisprudence shall apply. 
  2. However, when the issue or the provision of services occurs at a branch or subsidiary of the company, the corresponding court shall apply.
Additional note

In case it is found that the service provided herein or part or parts of it is prohibited under the laws or regulations, including but not limited to the English law, the laws of Lagos State and the Federal Republic of Nigeria, including but not limited to laws and regulations relating to the fight against terrorism and embargoes, My Naija Cargo LTD and MNC Logistics LTD are authorized to cancel the service or part or parts of the service at any time, without notice and without incurring any liability towards the Customer, on whatever capacity.
 

Contact

If you have any suggestions, requests or complaints about the presence of My Naija Cargo LTD and MNC Logistics LTD on the web?
Please send a message to: support@mynaijacargo.com

Book Now
Book Now
Shopping Cart
Scroll to Top