Shipping & Delivery
Agreement
The shipper and consignee agree to the terms and conditions outlined herein upon payment for Afritia Logistics shipment services. "Shipment" refers to all documents or parcels transported under Afritia Logistics' waybill, which may be carried by air, road, sea, or other means chosen at the carrier's discretion.
Liability
Afritia Logistics’ liability for any shipment transported by air, including any ancillary road transport or stops en route, is limited to the declared value of the item as indicated on the waybill or invoice.
Charges and Billing
- Charges for the handling of goods and related services will be based on the standard tariffs of Afritia Logistics, payable as determined by the carrier.
- Standard tariffs are available upon request.
- Shipments not claimed within three (3) working days of arrival will incur a daily demurrage charge of ₦600
Conditions of Goods
- The responsibility for proving the quantity, type, physical properties, composition, and condition of the goods or their container at the time of receipt by the carrier lies with the shipper.
- No delivery note, receipt, or similar document issued or signed by the carrier shall serve as conclusive proof of the goods' condition.
Right to Inspection
- The carrier reserves the right to inspect goods without prior notice to the shipper, including opening and examining the shipment.
- The receiver must inspect the goods fully and acknowledge their condition before departure from the courier’s point of collection. Afritia Logistics shall not be held liable for any complaints raised afterward.
Deliveries
- Shipments will be delivered to the receiver's address provided by the shipper, not necessarily to the named receiver personally. For mail services, the delivery location is deemed to be the first receiving postal service or a central receiving area.
- If a shipment is deemed unacceptable or the receiver cannot be reasonably identified, Afritia Logistics will make reasonable efforts to return the shipment to the shipper at the shipper’s expense. If this fails, the shipment may be disposed of without any liability to Afritia Logistics.
Carrier’s Lien
Afritia Logistics reserves the right to retain possession of shipments until all outstanding charges are paid.
This document represents the full agreement between Afritia Logistics and the shipper/consignee and is binding upon acceptance of the shipment services.
Lien for Outstanding Payments
As security for unpaid fees related to the handling of goods, the Carrier shall have a lien over all goods in its possession or control until all amounts owed are fully settled.
Shipper’s Warranties and Indemnities
The Shipper agrees to indemnify and hold the Carrier harmless from any loss or damage resulting from the Shipper’s failure to comply with applicable laws or regulations or the breach of the following warranties:
- Accuracy of Information: All information, descriptions, values, and other particulars provided to the Carrier are complete and accurate.
- Ownership/Authority: The Shipper is either the sole owner of the goods or is authorized by the owner to enter into this agreement.
- Proper Packing and Addressing: The shipment is properly marked, addressed, and packed to ensure safe transportation with ordinary care.
- Legal Compliance: All applicable customs, import, export, and other laws and regulations have been complied with.
- Binding Agreement: Payment of the shipment fee by the Shipper or an authorized representative constitutes acceptance of these terms as binding and enforceable obligations.
Dangerous Goods
- The Shipper warrants that the goods are fit for handling in the ordinary course of business and are not dangerous.
- The Carrier will not handle dangerous, corrosive, noxious, hazardous, inflammable, or explosive goods, or goods deemed likely to cause damage.
- The Shipper shall be liable for all losses or damages caused to the Carrier or third parties by such dangerous goods.
- If any goods are deemed dangerous by the Carrier, it reserves the right to take appropriate action without notice, including disposing of the goods. In such cases, the Carrier shall not be liable for the value of the goods or any resultant losses, and the Shipper remains responsible for all fees and expenses incurred.
Perishable Goods
Perishable goods not claimed immediately upon arrival or that are insufficiently marked or otherwise unidentifiable may be disposed of without notice to the Shipper.
Routing of Goods
The Carrier reserves the sole discretion to determine the route and means of transportation for all shipments.
Carrier Obligations
The Carrier’s obligations shall be considered fulfilled upon delivery of the goods to the receiver listed on the waybill at the receiver’s address or any other address requested by the Shipper.
Carrier Liability for Damage or Loss
- The Carrier’s liability is limited to direct loss or damage to the shipment and shall not exceed the declared value of the shipment as stated on the waybill.
- The Carrier is not liable for indirect, special, or consequential losses, including but not limited to lost profits, income, interest, or future business, even if such risks were communicated to the Carrier.
- Claims are limited to one per shipment, and settlement of such claims will be deemed full and final.
Insurance
If the Shipper considers the Carrier's liability limits insufficient, the Shipper must make a special declaration of value and arrange insurance as directed by the Carrier’s staff. The cost of the premium will be borne by the Shipper and is subject to the Carrier’s management approval.
Claims Submission
All claims must be submitted in writing to Afritia Logistics within fourteen (14) days of shipment acceptance. Failure to submit a claim within this timeframe absolves Afritia Logistics of any liability.
Subcontracting
The Carrier reserves the right to employ subcontractors for its services and accepts no responsibility or liability for any acts or omissions of such third parties.
Forfeiture of Unclaimed Shipments
Shipments not claimed within one (1) month of arrival shall be forfeited to the Carrier. The Carrier reserves the right to dispose of such shipments at its sole discretion.
Notices
All notices shall be served to the address specified on the waybill.
Dispute Resolution
- Any dispute arising from the shipment shall first be resolved amicably between the parties.
- If an amicable resolution cannot be reached, the parties shall jointly appoint a sole arbitrator to arbitrate the matter.
- If arbitration does not resolve the dispute, the matter shall be referred to the Lagos Multi-Door Courthouse (LMDC) for mediation, conducted in accordance with LMDC Mediation Procedure Rules.
- This agreement shall be governed by the laws of the Federal Republic of Nigeria.
General Terms
- These terms constitute the entire agreement between the parties. The Carrier is not bound by any express or implied terms, representations, warranties, or promises not recorded herein.
- Any relaxation or indulgence granted by the Carrier to the Shipper shall not constitute a waiver of the Carrier’s rights, regardless of the timing or circumstances under which it was granted.
Customs Duties and Taxes
- Customs duties and taxes may apply to shipments in the destination country. These charges are determined by the destination country’s customs authorities, and Afritia Logistics has no control over them.
- Afritia Logistics shall not be liable for any delays caused by customs border control.
- The Shipper and Receiver are responsible for providing all necessary documentation for customs clearance. If such documentation is not provided, the Shipper will bear the cost of returning the shipment to the origin.
Technical Policy
- To ensure effective evaluation and safe handling of technical gadgets, customers shipping such devices must grant permission for thorough testing.
- Failure to consent to testing absolves Afritia Logistics of any responsibility for potential damages incurred during transportation or assessment.
- While Afritia Logistics will take precautions to avoid physical and hardware damage, it disclaims liability for software or hardware damage that may occur during the testing process.
- Customers are advised to:
- Back up all data before shipping.
- Ensure the compatibility of software and hardware with the testing procedures.
- By proceeding without permitting testing, the customer waives any claims against Afritia Logistics for software or hardware damage.
- Customers are encouraged to carefully review and acknowledge this policy before initiating the shipping process.