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Terms and Conditions
“Kwik Kargo” is the trading name for Kwik
Kargo Ltd, and it’s appointed sub-contractors and agents.
“Customer” means the sender of a single
Consignment making payment in advance to Kwik Kargo Ltd or via an approved
payment method.
“Consignment” means any one or more
Parcel(s) sent at one time by the Customer to one address in Nigeria, or from
Nigeria to the United Kingdom, or to any agreed destination worldwide.
“UK” means nations of the United Kingdom
which includes England, Scotland, Wales, Northern Ireland, the Isle of Man and
the Isles of Scilly.
“Nigeria” means the Federal Republic of
Nigeria and its current 36 states of the Federation.
“Dangerous Goods” means (i) those items
specified as dangerous or hazardous or prohibited or restricted in the
Retail Guide; and (ii) those items defined as dangerous or hazardous by the
regulatory bodies and by legislation regulations and
guidelines governing transport by road, rail, sea or air.
“Despatch” means the time when the
Customer hands a Consignment to a representative or agent of Kwik Kargo
for delivery under Kwik Kargo services.
“Services” means Airfreight Services,
Sea freight Services, Storage Services, Removal Services, Door-to-Door Delivery
services, Cargo consolidation services, all other details and specific service
features of which can be found in the Kwik Kargo Services menu tab.
“Working Day” means any day other than a
Saturday, Sunday, Bank or Public Holiday, Good Friday, Christmas Day
“Demurrage / Storage charges” Charge for
storage of customer good in our warehouse or agent’s warehouse, which accrues
after a given time, for consignments not collected within the stated free
storage time.
“Antique” means an object, which is over
100 years of age.
“Collectable” means items, which has
appreciated in value either due to its scarcity or due to it being no
longer in production.
“Consignment Charges” means the charges
payable to Kwik Kargo Services by the Customer for the carriage of a
Consignment but shall exclude any additional charge(s) payable for
enhanced compensation.
“Excluded Goods” means those goods
described as such or described under the heading “Compensation Exclusions” in
the Kwik Kargo Retail Guide.
2.0
Door to Door Service Delivery to an address
2.1
In a door-to-door delivery method, Kwik Kargo
Services undertakes to deliver to an address specified in the despatch
documentation, not to a specific person. If customer wishes for goods to be
delivered to a specific person, this should be clearly arranged and notified at
the time of preparing the despatch note.
2.2
If there is no-one present at the delivery
address, then:
2.2.1
the Customer acknowledges and agrees that Kwik
Kargo Services may at its discretion attempt to deliver the Consignment to a
neighbouring address within a reasonable distance of the delivery address; and
2.2.2
if this occurs, customers will be informed
via a phone call to the original recipient’s phone; and
2.2.3
the Customer agrees that such delivery shall
constitute delivery to the address specified as the delivery address in the
despatch documentation.
2.3
Kwik Kargo Services does not undertake to
intercept a Consignment in transit before delivery has been attempted. Delivery
can only be altered after making the first delivery attempt and customer’s
wishes for the consignment delivery to be changed. This will attract an extra
administrative charge, which will be agreed with the customer before being
carried out.
2.4
Kwik Kargo Services shall not be liable in
respect of any Consignment delivered to the delivery address or other address
specified by the addressee, where any person misrepresents his authority to
receive a Consignment on the address’s or Customer’s behalf, or where KWIK
KARGO Services is delivering it in accordance with instructions from, or
purporting to be from the addressee.
2.5
On delivery of a Consignment, KWIK KARGO
Services will request the person who accepts delivery (not necessarily the
addressee in person) to sign an acknowledgement / delivery receipt, which may
include signature by electronic means – if available. Delivery within some
location in Nigeria will require recipient to sign the delivery note in the
compound of the address where delivery is made and not outside the delivery
house or compound. This will be at the discretion of the delivery agent. Copies
of such receipt shall be available for a period of two months from the date of
delivery, subject to payment of the applicable charges.
2.6
KWIK KARGO Services does not accept
Consignments addressed to P.O. Box within the UK, Nigeria and Other selected
countries within our service areas. For deliveries to Nigeria, KWIK KARGO
Services will in some instances contact the recipient to collect consignment
from our agent office with a valid proof of address and identity. This
acceptance of such proof is at the discretion of our agent in Nigeria.
3.0
Maximum sizes and weights
3.1
There is no limit to the weight of a
multi-Parcel Consignment, but individual Parcels must not exceed 30kg for pick
up by KWIK KARGO Services or its agent network and reserves the right to refuse
the collection of individual items over the weight of 30 Kg.
3.2
If any Parcel exceeds the maximum sizes or
weights KWIK KARGO Services has accepted such Parcel and is able to process it
through the Services network, then KWIK KARGO Services may raise an additional
surcharge of £20 per item for customers. Customers have the responsibility to
ensure the weight of each package is not above the limit specified above. Where
this occurs, the despatch driver must be informed at the time of despatch.
4.0
Restricted, prohibited and dangerous goods
4.1
The Customer shall ascertain if the contents
of any Package is dangerous, prohibited, or subject to restrictions by
referring in the first instance to the KWIK KARGO Services Retail Guide and
will comply with all requirements specified therein.
KWIK KARGO Services may add or delete items
from the definition of Dangerous Goods without notice, but will endeavour to
make the details of any such additions or deletions available on its website www.kwikkargo.co.uk
4.2
The Customer SHALL NOT send Dangerous Goods
or prohibited goods by any of the Services
4.3
The Customer shall be responsible to KWIK
KARGO Services, its sub- contractors and its agents for all loss, damage or
injury arising out of the carriage of Dangerous Goods or prohibited goods
whether declared as such or not and restricted goods not properly packed and
duly labelled to the extent that such loss, damage, or injury is caused by the
dangerous nature of those goods.
4.4
All firearms, ammunition, prohibited drugs
and substances are strictly not allowed on any of KWIK KARGO Services freight,
shipping, storage, distribution and all associated services. We will report any
suspicious items to the law enforcement agencies and customers deliberately
attempting to transport, store or distribute any controlled substance using any
of our services, agents are liable to criminal prosecution under the law.
5.0
Addressing and documentation
5.1
The Customer shall label each Parcel with the
full postal address, including the postcode, of both the addressee and the
sender and each Consignment must be accompanied at the time of despatch by
fully completed despatch documentation (including service indicators and
barcodes) as supplied by KWIK KARGO Services for the Service used.
5.2
The Customer shall ensure that each Parcel is
adequately packaged and well labelled. Customer must inform the despatch
driver/team of the content of the package, if there is more than one different
item in the package, customer should ensure an inventory of individual item
contained in the package is taken and a copy handed to the despatch
driver/team. The customer is responsible for making full inventory of package
and for providing the full and correct delivery and invoice address for all
shipment being handed to the collecting driver/team.
5.3
The Customer shall retain any Customer copies
of dispatch documentation, as these will be required to support any claim.
6.0
Service standards and delivery
6.1
The service standards for each of the
Services are as advertised from time to time by KWIK KARGO Services and shall
apply subject to this condition.
6.2
For the purposes of calculating service
standards:
6.2.1
Only Working Days will be counted.
6.2.2
where KWIK KARGO Services attempts to deliver
a Consignment to the address shown on the Consignment despatch documentation
and for whatever reason delivery cannot be achieved (including unreasonable
delay in acceptance at that address) then delivery shall be deemed to have
taken place at the time when the Consignment is first presented to that address
for delivery or when KWIK KARGO Services contacts the recipient over the
telephone.
6.2.3
Where KWIK KARGO Services is directed to hold
a Consignment for collection or pending further instructions then delivery
shall be deemed to have taken place at the earliest time when the Consignment
is made available for collection by the addressee, this is subject to KWIK
KARGO Services free storage period of 2 days before the application of
Demurrage/Non collection/Storage Charges. In the case of collection made by KWIK
KARGO Services or any of its network of agents for dispatch on behalf of
customers, goods can only be held free at our storage for 3 days after which a
storage charge shall apply. A minimum charge of £20.00 or N5,000 in Nigeria per
day per parcel will be applied to all goods left uncollected from our storage.
Charges will be based on the volume of
customer’s consignment and the security charges imposed on such stored goods.
Customers are strongly advised to ensure their consignments are collected or a
final instruction on dispatch is given within the free storage period.
All consignment left in our storage or our
third-party storage providers for more than 30 days will be treated as being
abandoned by customer and KWIK KARGO shall treat such goods as it deemed fit. KWIK
KARGO cannot be held liable for any loss or damage of any goods left abandoned
in its storage for more than 7 days.
All outstanding charges due to KWIK KARGO and
it’s third party storage providers shall be paid in full by the customer. This
is applicable to goods left in our London/Lagos warehouse or any of our
third-party storage providers or shipment that has not been fully paid for by
customer on demand.
KWIK KARGO shall take all reasonable and
legal means necessary to recover any associated cost for its services and all
third-party services provided.
6.3
Consignments will only be delivered on
Working Days. Customers requiring delivery on a non-working day will need to
make necessary arrangements for this and subject to acceptance and payment of
necessary charges; consignment may be delivered on a weekend as agreed by KWIK
KARGO. If a Consignment is despatched after the latest acceptance time on a
Working Day in most cases 6pm Local Time, it will be deemed to have been
despatched on the next working day.
7.0
Non-delivery
7.1
The Customer or the addressee may request an
undelivered Consignment (only after delivery has been attempted) to be returned
to the Customer, redelivered to the addressee or otherwise redirected (and in
the case of the addressee’s request, the Customer hereby consents to KWIK KARGO
performing such action) and subject to payment of such additional charges
notified by KWIK KARGO by the person who makes the request.
KWIK KARGO Services will perform such
additional service on the terms and conditions set out in these Conditions or
such other KWIK KARGO terms which govern the additional services, if such is
the case.
7.2
If an undelivered consignment is held by KWIK
KARGO Services and is not claimed within a reasonable time of KWIK KARGO
Services Leaving notification of its attempted delivery at the delivery
address, KWIK KARGO Services shall, where reasonably practicable, attempt to
contact the Customer. If this fails
KWIK KARGO Services will return the
consignment to its warehouse. The consignment will be stored free of charge for
a maximum of 21 days – Saturdays and Sundays inclusive. A daily charge of
N2,000 in the case of Nigeria and £10 in the case of the United Kingdom will be
applied for daily storage after the expiration of the 21 days and if a customer
fails to make contact or collect the consignment after a period of 30 days KWIK
KARGO shall be entitled to deal with the Consignment as it reasonably sees fit.
8.0
Charges and Payment
8.1
The Customer shall pay to KWIK KARGO the
Consignment Charges and any charges for enhanced compensation required which
are notified to the Customer at the time of despatch for the service selected
by the Customer and by the payment method specified by KWIK KARGO.
All charges shall be paid in full by method
specified by KWIK KARGO prior to shipment. Consignment WILL NOT be shipped if
customer does not make full payment of the amount specified and agreed.
Any unshipped consignment left in our
warehouse and NOT collected by customers after request by KWIK KARGO to do so
will attract a daily storage charge of 0.50 pence per kilogram or minimum of 5
pounds per day for uncollected consignment less than 20 kilograms.
Customer will be required to pay all charges
before consignment can be released.
KWIK KARGO will endeavour to communicate with
customer to arrange collection of unshipped or uncollected consignment from its
warehouse.
KWIK KARGO reserves the right to treat all
unshipped and unclaimed consignment as being abandoned after a period of 21 days
and will treat such consignment as it deems reasonable fit.
8.2
If any Consignment has a low weight in
comparison to its volumetric size (L x W x H in cm/ 6000), KWIK KARGO may
require the Customer to pay additional charges based on the volumetric weight
in accordance with its current published rates. Such additional charges may be
requested (and shall be paid by the Customer) on Despatch or at any time prior
to the delivery of the Consignment concerned.
8.3
Condition 8.2 will apply where the weight is
2Kg less than the volumetric weight.
8.4
Demurrage / Storage charges (Consignment at
Destination).
Goods will be delivered within the specified
service delivery time.
Customers are expected to make full payment
on or before delivery of goods as agreed prior to shipment. Customers who fail
to take delivery of goods or fail to make full payment when demanded are liable
to demurrage payment. Uncollected goods are held in our storage for 21 days
(weekends inclusive) after which a demurrage charge of N5,000 Nigerian Naira
per day will be applied to customers outstanding. Goods will only be released
on receipt of full payment plus additional charges.
9.0
Liability for delay, loss or damage
9.0.1
Customers are ultimately responsible for
ensuring any consignment being sent on any of our services (Air or Sea). KWIK
KARGO or any of its agent does not provide insurance for items being shipped or
air freighted. The customer must arrange (if required) to ensure all
consignment being shipped/sent.
9.1
KWIK KARGO shall not be liable to pay
compensation for loss of, or damage to a Consignment: (i) due to latent or
inherent defect, vice or natural deterioration of items; (ii) damage in the
course of transport or handling by the shipping line or the airline.
9.2
KWIK KARGO shall not be liable to pay any
refund or compensation in respect of a Parcel containing restricted or
prohibited goods or otherwise despatched in contravention of Condition 4, or
any other relevant provision in these conditions.
9.3
KWIK KARGO shall not be liable to pay any
refund or compensation in respect of a Consignment which is damaged, lost or
delayed as a result of it being inadequately packaged, incorrectly addressed or
accompanied by incomplete posting or customs documentation by the customer.
9.4
KWIK KARGO Services shall not be liable
(whether for the payment of compensation or refunds or otherwise), for failure
to perform, or delay in performance of any of its obligations under these
Conditions to the extent that such delay or failure results from circumstances
outside its control, including without limitation on any adverse weather
conditions, natural disasters, traffic congestion, mechanical breakdown,
obstruction of public or private highway, all forms of customs, NAFDAC and all
security organisations examinations operations, natural disasters or from any
industrial action whatsoever.
9.5
KWIK KARGO Services shall not be liable in
respect of any Consignment where any person has been fraudulent or dishonest in
any way in respect of that Consignment or misrepresents his authority to
receive a Consignment on the addressee’s or Customer’s behalf.
10.0
General
10.1
KWIK KARGO Services may engage agents and/or
sub-contractors to perform all or any part of the KWIK KARGO to be provided to
the Customer.
10.2
Nothing in these conditions (nor anything
else), shall confer on any third party any benefit, nor the right to enforce
any of these conditions that that person would not have had but for the
Contracts (Right of Third Parties) Act 1999.
10.3
These Conditions will be governed by and
construed in accordance with the law of England and Wales. Each party
irrevocably agrees to submit to the exclusive jurisdiction of the courts of
England and Wales over any claim or matters arising under or in connection with
this agreement.
10.4
These conditions constitute the entire
agreement between KWIK KARGO and the Customer. Each party acknowledges that in
entering into these Conditions it is not relied on any representation or
undertaking, whether oral or in writing, save as expressly incorporated herein.
10.5
If any provision of these Conditions shall be
found by any court or administrative body of competent jurisdiction to be
invalid or unenforceable, such invalidity or unenforceability shall not affect
the provisions of these Conditions, which shall remain in full force and
effect.
10.6
KWIK KARGO compensation, and other conditions
are subject to revision from time to time, and services may be added or
deleted. At this time, most services provided by KWIK KARGO are exempt from
VAT; should this situation change, VAT at the appropriate rate shall be added
to the prices payable by the customer.
10.7
Right to review prices. In such a case that
taxes, or other such charges are levied on the transport and services specified
in these terms of delivery during the period of validity of the supplementary
services price-list or of the freight contract, or if there is a substantial
increase in the costs of transport for reasons beyond KWIK KARGO Services
control, the right to implement corresponding price increases is reserved. The
change may be implemented in the form of a separate surcharge.
10.8
KWIK KARGO would normally advise
customers the nature of their goods to be carried on our service network and
the potential associated risk of all forms ranging from seizure to more cost
involved as the case may be in the case of “contraband or import prohibited
goods” as listed/contained on the website of the Nigerian customs https://customs.gov.ng/?page_id=3075
10.9
KWIK KARGO reserves the right to pass
as a whole any further cost involved despite the initial agreed cost to the
customer if such arises before the release/delivery of such consignment.
10.10
KWIK KARGO is not liable/responsible in
whatsoever manner in the damage, loss or seizure of consignment by any security
clearance agency body on the ground that the consignment is on the import
prohibition list as listed/contained on the Nigerian customs website given
above.
11
Consignment packaging
11.1
The sender is ultimately responsible for
packaging all consignment being Sent through KWIK KARGO Services may offer a
packaging service which will be agreed with the sender at the time of despatch.
KWIK KARGO Services will NOT be liable for damage resulting from poor packaging
by customer.
12
Using our website
12.1
These terms and conditions govern your use of
our website and by using our site you are agreeing to them. If you do not agree
to these terms please leave immediately. These terms and conditions will
continue to apply if you transact any form of transactions through this medium
and register with KWIK KARGO Services website. Our terms and conditions
may change from time to time, we may make changes to the contents of this
website, including to the descriptions and prices of goods and services we
offer at any time and without notice.
We may personalize the site based on the
usage, activity and preferences of the site users and may change the appearance
and contents of our website at any time and so you should check here regularly.
Your continued use of the website after any change has been made is your
acceptance of the change.
13.0
Exclusions and limitations
The information on this website is provided
on an “as is” basis. To the fullest extent permitted by law.
KWIK KARGO Services:
(a) excludes all representations and
warranties relating to this website and its contents, including in relation to
any inaccuracies or omissions in this website; and
(b) excludes all liability for loss or damage
arising out of or in connection with your use of this website. This includes,
without limitation, direct loss, loss of business or profits (whether or not
the loss of such profits was foreseeable, arose in the normal course of things
or you have advised KWIK KARGO Services of the possibility of such
potential loss) and indirect, consequential and incidental damages.
KWIK KARGO Services does not however
exclude liability for death or personal injury caused by its negligence. The
above exclusions and limitations apply only to the extent permitted by law.
None of your statutory rights as a consumer that cannot be excluded or limited
are affected.
