1. Delivery
1.1
The customer shall ensure that the Consignment is secure, properly packed and labelled in accordance with good practice and any applicable statutory requirements and is fit and safe to be carried, stored and transported by road, air, rail or sea as may be appropriate.
1.2
The Carrier will use all reasonable efforts to deliver within the time specified for delivery but unless otherwise agreed these are estimates only and time is not of the essence.
1.3
Unless the Carrier has otherwise agreed in writing with the customer:
1.3.1
the Carrier shall not be required to provide any labour or special equipment for loading or unloading the Consignment, other than that carried by the vehicle used by the Carrier; and
1.3.2
the customer warrants that it will provide or procure any special equipment required for loading or unloading the Consignment and shall indemnify and hold harmless the Carrier for any damage to the Consignment or the Carrier, however caused, if the Carrier is instructed to load or unload any Consignment requiring special equipment where such equipment has not been provided or procured by the customer.
1.4
The Carrier shall deliver Consignments according to such route as it in its absolute discretion thinks fit.
2. Consignment Notes
2.1
If required, the Carrier shall sign a document prepared by the customer acknowledging receipt of the Consignment but such document shall not be evidence of the condition, declared nature, quantity or weight of the Consignment at the time it is received by the Carrier.
2.2
The Carrier may require acknowledgment at the point of delivery of the Consignment and any such receipt given shall be conclusive evidence of proper delivery.
3. Transit
3.1
Transit commences when the Carrier takes possession of the Consignment, whether at the Carrier’s premises or at some other point of collection.
3.2
Subject to clause 6.3, transit shall (unless otherwise agreed) end when the Consignment is tendered at the Consignee’s address provided at the time of Booking by the customer.
3.3
Where a Consignment cannot be delivered (for whatever reason) or is held by the Carrier to await order or further instructions and such instructions are not given or the Consignment is not collected within 24 hours of notice being given to the customer or such other time as the Carrier may nominate, then transit shall be deemed to end at the expiry of such time.
3.4
The Carrier shall be entitled to recover its charges in full for any delivery, which is unsuccessful due to incorrect or inadequate information provided by the customer and in addition recover any expenses or losses it suffered or incurred in attempting to effect delivery.
3.5
The customer understands and accepts that the Carrier shall be entitled to open and examine any Consignment that the Carrier considers to be a security or health and safety risk to the Carrier and to take, at its sole discretion, such appropriate action thereafter.
4. Undelivered or Unclaimed Goods
4.1
Where the Carrier is unable to effect delivery as requested by the customer when making a Booking, or where transit has come to an end, the Carrier shall use its reasonable endeavours to notify the customer and the Consignee of any undelivered or unclaimed Consignment. Unless the Consignment is collected or instructions are given for its disposal within 7 days (or such other time as the Carrier may nominate) of notice being given, title to the Consignment shall transfer to the Carrier and the Carrier may destroy or sell the goods as if it were the absolute owner.
4.2
The Carrier shall use its reasonable endeavours to obtain a reasonable price for the goods and shall apply the proceeds of sale to the payment of all its proper expenses and charges suffered or incurred in relation to the carriage, storage and sale or disposal of the goods. Any proceeds left over shall be paid to the customer upon which the Carrier shall be discharged from all liability in respect of the Consignment.
5. Cancellation
In the event of cancellation of any Booking for a Consignment by the customer within one hour prior to collection of the Consignment from Lagos and within 60 minutes prior to collection of the Consignment from any other destination, the customer shall be liable to the Carrier for the Carrier’s charges in full for the carriage of the Consignment.
6. Carrier’s Charges
6.1
The customer shall pay the Carrier’s charges in accordance with these Conditions. The charges payable in respect of the Carriage of any Consignment shall be specified by the Carrier to the customer at the time of Booking.
6.2
Payment terms are 14 days from date of invoice and any variation to these terms are to be agreed in writing by an authorised employee of the Carrier. Payment terms may be extended to 28 days from date of invoice for a customer who has signed the necessary consent forms to authorise its bank to make payment by direct debit.
6.3
The Carrier’s charges shall be based on its tariff in effect at the time of carriage of the Consignment and unless payment is made by credit card, invoice(s) shall be rendered by the Carrier to the customer at least once a month. Credit facilities granted to a customer may be withdrawn at the Carrier’s absolute discretion at any time and the balance outstanding shall become due immediately on demand.
6.4
If at the time of Booking the customer pays for a Consignment by credit card, the amount quoted by the Carrier to the customer at the time of Booking will be charged to the customer’s credit card wherever reasonably practicable within 24 hours (or such other period as the Carrier may reasonably determine) of the Carrier’s acceptance of the Booking.  In the event that any additional charges are imposed by the Carrier pursuant to clause 3.3 above, the customer hereby authorises the Carrier to charge such additional charges to the customer’s credit card wherever reasonably practicable within 24 hours (or such other period as the Carrier may reasonably determine) of the Carrier incurring such charges.
6.5
The Carrier shall be entitled to charge interest (both before and after judgment) on the amount unpaid at the rate of 4% above the base rate of the Central Bank of Nigeria from time to time until payment is made in full. When payment is not made by the due date, the customer shall indemnify the Carrier for any costs and/or expenses it may suffer or incur in recovering the sum due, including reasonable legal fees and costs of collection.
6.6
Any queries in respect of an invoice must be made in writing within 7 days of the date of the invoice otherwise it will be deemed to have been accepted and will be payable in full by the customer.
6.7
All charges quoted are exclusive of value added tax and all other duties or taxes which may become due or payable from time to time and shall be added to invoices at the rate applicable at the date of invoice.
 
7. Limitation of Liability
7.1
Notwithstanding any other clause of these Conditions, neither party excludes or limits liability for personal injury or death arising from the negligence or wilful default of either party, its servants, dealers or sub-contractors; or any fraudulent misrepresentation.
7.2
The Carrier shall not be liable to the customer, whether in contract, tort or by statute, or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage suffered by the customer howsoever caused including, without limitation:
7.2.1
loss due to delay in delivery; and/or
7.2.2
loss of anticipated savings; and/or
7.2.3
loss of business and/or goods; and/or
7.2.4
loss of goodwill; and/or
7.2.5
loss of use; and/or
7.2.6
loss of data or other information; and/or
7.2.7
loss relating to the procurement by the customer of any substitution of goods or services.
For the avoidance of doubt, the types of loss and/or damage specified in clauses 10.2.1 to 10.2.7 above shall not constitute direct loss for the purpose of these Conditions.
7.3
Except as expressly provided in these Conditions, the total liability of the Carrier in respect of any contract arising from a Booking is specified below:
7.3.1
where the declared value of the Consignment is less than Twenty Five Thousand Naira only (N25,000), the total liability of the Carrier for that Consignment shall be the greater of: (i) the fees payable by the customer for that Consignment (whether or not paid); or (ii) one Twenty Five Thousand Naira only (N25,000);
(i)
the fees payable by the customer for that Consignment (whether or not paid); or
(ii)
Twenty Five Thousand Naira only (N25,000),

7.3.2
where the declared value of the Consignment exceeds Twenty Five Thousand Naira only (N25,000) but is less than One Hundred Thousand Naira only (N100,000), the total liability of the Carrier for that Consignment shall not exceed the declared value of that Consignment, provided always that in the case of next day and/or international deliveries, the customer has paid the Carrier the Additional Fee specified in clause 3.8;
7.3.3
where the declared value of the Consignment exceeds One Hundred Thousand Naira only (N100,000), the Carrier shall specify the fee payable by the customer for the carriage of that Consignment and any subsequent limitation on the Carrier’s liability at the time the Carrier accepts the Booking for that Consignment;
7.3.4
where the customer (i) does not declare the value of the Consignment (ii) does not declare that the Consignment comprises Excluded Goods in whole or in part or (iii) fails to pay the Additional Fee when due, the total liability of the Carrier for that Consignment shall be as set out in clause 10.3.1 above.
7.4
The Carrier shall not be held responsible for any event beyond the reasonable control of the Carrier, which prevents it from performing its obligations under the relevant contract including, but not limited to:
7.4.1
acts, omissions or misrepresentations by the customer, owner of the Consignment, Consignee or independent contractor;
7.4.2
natural deterioration or fragility of the Consignment (notwithstanding that it may be marked “Fragile”); and/or
7.4.3
any unforeseen circumstances or causes beyond the Carrier’s reasonable control, including but not limited to, act of God, war, riot, malicious damage, compliance with any law or government emergency procedure, accident, fire, flood, storm or industrial dispute, insufficient or improper packing, labelling or addressing, unless it is previously agreed in writing that the Carrier shall perform such task; or
7.4.4
marine risk.
7.5
The customer shall provide to the Carrier written proof of the value of the Consignment damaged or lost and the Carrier shall be entitled to inspect the damaged Consignment.
7.6
Carrier shall only be liable for loss or damage occurring within Nigeria. For journeys outside Nigeria, liability shall be restricted to the amount of cover provided by the international agent or carrier chosen at the Carrier’s absolute discretion. Details of such cover shall be provided to the customer upon request.
8. Website
8.1
The information provided on the Website has not been written to meet specific customer requirements and it is the sole responsibility of the customer to satisfy itself that the service ordered via an Online Booking will be suitable for its requirements.
8.2
Whilst the Carrier makes all reasonable attempts to exclude viruses from the Website, it cannot ensure that the Website will be virus free.
8.3
The Website is intended for use by the residents in Nigeria only and only in respect of their activities within the Nigeria.
9. Time Limits for Claims
The Carrier shall not be liable for loss of, misdelivery or damage to any Consignment unless it is notified by the customer of such loss or damage in writing within 7 days of the end of the transit and the claim giving details of the value and the circumstances of any loss is made in writing within 14 days after the end of transit. A claim for loss or damage will not be accepted on the consignment note.

9. Indemnity to the Carrier
9.1
The customer shall indemnify the Carrier against:
9.1.1
all losses suffered by the Carrier (including but not limited to claims, demands, proceedings, fines, penalties, damages, costs, expenses and loss of or damage to the carrying vehicle and to other goods carried) as a result of any breach by the customer of these Conditions, fraud, error, omission, or misrepresentation by the customer, owner of the Consignment or Consignee;
9.1.2
all claims and demands made against the Carrier by any third party in excess of the liability of the Carrier under these Conditions;
9.1.3
all losses suffered by and claims made against the Carrier resulting from loss of or damage to property caused by or arising out of the carriage of Dangerous Goods; and
9.1.4
all claims made upon the Carrier by Customs & Excise in respect of dutiable goods consigned in bond whether or not transit has ended or been suspended.
9. Severance
If any provision of these Conditions is held by any court or competent authority to be invalid or unenforceable in whole or in part, the validity of the remainder of these Conditions and of such provision shall continue in full force and effect.

10. Miscellaneous
10.1
A person who is not a party to the contract has no right under the Contracts  to enforce any term of these Conditions, but this does not affect any right or remedy of a third party which exists or is available apart from applicable laws.
10.2
The Carrier undertakes to comply with any and all provisions of the Data Protection Act 1998 as applicable.
10.3
During the continuance of the business relationship with the Carrier, and for a period of 6 months immediately following the last Booking placed by the customer, the customer shall not, directly or indirectly, solicit or offer employment or any other form of contract for services to any of the drivers or employees of the Carrier who were directly involved in the performance of a contract of carriage during the 6 months immediately preceding the last Booking placed by the customer.
10.4
The payment terms and charges paid to the Carrier are confidential, and the customer shall take all reasonable steps to ensure that such terms remain confidential. The customer may not disclose the terms or make any public announcement about the relationship the parties have entered into without the prior written agreement of the Carrier, save for any disclosure required by law or by a statutory or regulatory body with power to order such disclosure.
10.5
Any notice or other communication to be given under or in connection with this Agreement, shall be given in writing and sent by first-class post, email or facsimile to the registered address of each party, or such other address as either party may substitute by written notice to the other. A notice shall be deemed delivered within two working days of posting, in the case of first-class post; 24 hours after sending an email; and on completion of the transmission in the transmission report, in the case of facsimile.
10.6
Carrier shall be entitled to subcontract in whole or in part the performance of any or all of its obligations under these Conditions.
10.7
The waiver of either party of any breach of these Conditions will not prevent the subsequent enforcement of that term and will not be deemed a waiver of any subsequent breach.
10.8
The contract constitutes the entire agreement between the parties and supersedes all prior agreements, representations and understandings relating to the subject matter of the contract. Nothing in these Conditions shall limit either party’s liability in respect of fraudulent misrepresentation.
10.9
These Conditions shall be subject to and construed in accordance with Nigerian law, and the parties submit to the exclusive jurisdiction of the Nigerian courts