Service Agreement

These Terms & Conditions set out the basis on which the Courier Empire Limited and its assigned agents will transport shipments and the conditions of the service it renders. The Shipper should note these conditions carefully and where necessary obtain insurance cover in order to protect their interests.

1. PURPOSE

These Terms & Conditions shall apply to the carriage of shipments for the domestic delivery business within Nigeria, the handling of the goods shall be subject to the conditions stated herein unless specifically varied by the Courier Empire Limited. It represents the entire agreement between the shipper, third parties who may have legal interest in the shipment and Courier Empire Limited or its agents and representatives.

2FREIGHT CHARGE

Shipment charges are calculated according to the higher of actual or dimension weight per piece and any piece may be re-weighed and re-measured by Courier Empire Limited to confirm this calculation. Such charges are however without prejudice to Courier Empire Limited’s right to charge an additional fee/charge as may be necessary in any given circumstance under these terms.

3.REJECTION OF SHIPMENTS

Courier Empire Limited reserves the right to refuse, hold, cancel, postpone or return any shipment at any time if such shipment would in the opinion of Courier Empire Limited be likely to cause damage or delay to other shipments, goods or persons, or the carriage of which is prohibited by law or is in violation of any of these Conditions. The fact that Courier Empire Limited initially accepts a shipment does not mean that such shipment conforms to applicable laws and regulations or to the present Terms & Conditions.

4.WEIGHT

  •  4.1  Express: Individual parcel, and the weight shall not exceed 20 kg.
  •  4.2  Less Truck Loading: This is not to exceed 5000 kg on the aggregate weight of a multiple piece Shipment, each individual parcel does not exceed the per parcel weight limit specified for the destination.
  •  4.3  Full Truck Load: Details are available upon request.

5.PROHIBITED ITEMS

The Shipper shall not post or ship documents and articles prohibited by Nigerian laws and regulations, the International Air Transport Association (IATA) or the International Civil Aviation Organization (ICAO), or any other relevant agency or organization, and any item prohibited by the Nigeria Custom services, state or local government and any other related agency from time to time. including but not limited to: • Flammable, explosive, dangerous, hazardous waste
• Obscene articles
• Poisonous and harmful articles
• Sharp articles without effective packaging
• Human corpses, human organs or body parts, human or animal embryos, cremated or disinterred human remains
• Live animals, including insects and pets
• Animal carcasses, dead animals, or animals that have been mounted
• Perishable foodstuffs, and foods and beverages requiring refrigeration or other environmental control
• Money, including but not limited to cash and cash equivalents
• Explosives Perfumes
• Jewelry

6.PACKAGING RESPONSIBILITY

6.1 The shipper shall be responsible for the proper packaging of the shipment. All shipments shall be packed in accordance with the best industry safety practices for the type of item being shipped.
6.2 It is the responsibility of the Shipper to properly complete the Waybill. Each Shipment must be legibly marked with the consignee 's name, detail address, street, city, state and
6.3 Notwithstanding the preceding terms hereof Courier Empire Limited shall not, under any circumstance whatsoever be liable on any ground for any damage or loss (including but not limited to consequential loss) on the part of the Shipper arising directly or indirectly from improper and inadequate packing of the shipment by the shipper.

7.INSPECTION OF SHIPMENT

Upon the request of the competent authorities, Courier Empire Limited could open and inspect any Shipment without notice at any time, and shall incur no liability of any kind therefore.

8.TRANSPORT ROUTES

When transporting shipments, Courier Empire Limited shall in its sole discretion decide what route to pass through. Some parcels may be forwarded by Courier Empire Limited for transportation on third party carriers without notice, Shipper hereby agrees to Courier Empire Limited right to divert any shipment in order to facilitate its delivery.

9.UNDELIVERED SHIPMENTS

If the shipment is deemed to be undeliverable, Courier Empire Limited shall return the shipment to Shipper at a cost. undeliverable shipment is one that cannot be delivered for reasons that include, but are not limited to :
• Consignee’s address incomplete or incorrect, and contact information unreachable
• Consignee’s address is out of Courier Empire Limited service area
• Consignee refuse or reject the shipment or reject to pay the COD (Cash on delivery) amount
• The consignee's scheduled delivery time exceeds Courier Empire Limited holding time
• Shipment contains prohibited items

10.COMPENSATION LIABILITY

10.1 EXPRESS
A.The maximum compensation standard for shipment without the 1% insurance surcharge shall not exceed NGN25,000 per waybill.
B.The maximum compensation standard for shipment which pay 1% insurance surcharge shall not exceed NGN1,000,000 ( NGN 1 million ) per waybill.
10.2 LTL (Less than truckload)
A.The maximum compensation standard for lost or damaged LTL shipment without the 1% insurance surcharge shall be 1500NGN/KG.
B.The maximum compensation standard for lost or damaged LTL shipment with the 1% insurance surcharge shall not exceed NGN8,000,000 (NGN 8 million) per waybill (MPS shipment according to master waybill).
10.3 FLT (Full truckload)
A.The maximum compensation standard for lost or damaged FLT shipment without the 1% insurance surcharge shall be 1000NGN/KG.
B.The maximum compensation standard for a lost or damaged FLT shipment with the 1% insurance surcharge shall not exceed NGN20,000,000 (NGN 20 million ) per waybill.

11. CLAIMS TIME LIMIT

11.1 LOST
A.Customer needs to raise the tracking complaint within 14 calendar days from pickup date.
B.Upon receipt of tracking request by the CS team for lost shipment, if there is no scan update for over 24 hours, we will follow up the searching process for 7 working days.
C.If searching result is negative, we will declare shipment as lost and follow up the claims process with Shipper.
D.Once loss of shipment has been confirmed, claims document should be submitted within 30 calendar days.
11.2 DAMAGED
A.Customer needs to give feedback on the damaged issue within 72 hrs upon receipt of the damaged items.
B.Once damage has been confirmed, claim document should be submitted within 30 calendar days.
11.3 DISPUTE POD (PROOF OF DELIVERY)
A.Customer needs to give feedback within 5 calendar days from the POD date (Include POD date).
B.Once claim on dispute POD has been confirmed, claims document should be submitted within 30 calendar days.

12. LIMIT ON LIABILITY

12.1 Force Majeure: Courier Empire Limited will not be liable or responsible for loss or damage caused by events it cannot control (For example; natural disaster, weather conditions, act or default of customer, Shipper, or the owner of the goods, inherent nature of the goods, public enemy, public authority, labor disputes, and acts of terrorism or war).
12.2 Courier Empire Limited shall not be liable for any concealed loss or damage (this implies content packed and sealed in packages by the sender, but with the outer packaging in good condition at the time of delivery).
12.3 Courier Empire Limited shall not be liable for damage including but not limited to:
• Livestock, wine, cigarettes, explosives, glass, china ceramic
• Damage to pictures, Art works, loss of contents due to container leakage
• Radioactive, nuclear and fuel, liquid, acids, spirits, bottled beer
• Cash Bank Notes carriage, Treasury Notes.
• Precious Stones, nonferrous metal (non-iron metal)
• Dents and scratching not caused by accidental collision (Package properly to avoid)
• Uncrated goods or improperly packaged or labeled goods.
• Loss of profit, any property on held by government authority.
• Rust or insect and rodent damage or leakage.
• Liability agreements with other parties, terrorism
12.4 Courier Empire Limited will not be liable or responsible for loss or damage of prohibited items.
12.5 Courier Empire Limited will not be liable or responsible for any consequential loss.
12.6 Courier Empire Limited will not be liable or responsible for investigation request not within the time limit.

13.CLAIMANT

Claims will only be settled with the Shipper.

14.CLAIMS DOCUMENTATION

• Claim Forms
• Proof of payment
• Photos/Pictures of damaged content and packaging
If the Shipper regards the limits provided as insufficient, then the Shipper must make a special declaration of value and take out insurance on the shipment as directed by the Courier Empire Limited so as to benefit from the recovery of a larger sum subject to the investigation and subsequent approval by the Courier Empire Limited ’s management.

15. LIABILITY OF THE SHIPPER

a)  The Shipper accepts and undertakes to indemnify Courier Empire Limited and keep Courier Empire Limited indemnified against any losses, damages, claims, demands, proceedings or actions arising from any breach of the terms and conditions herein and any act done by omission or commission by the shipper.
b)  For all intent and purposes, the signature of the Shipper or his/her representative or the act of engaging the services of Courier Empire Limited shall be considered an acceptance of the terms and conditions herein and as further stipulated in the waybills.

16. APPLICABLE LAW

This Agreement shall be governed by and construed in accordance with the Laws of the Federal republic of Nigeria.

17. INDEPENDENT CONTRACTOR RELATIONSHIP

It is acknowledged and agreed that COURIER EMPIRE LIMITED EXPRESS’s relationship with the Shipper is at all times hereunder an independent contractor.

18. NOTICES

Notices shall be served on the address stipulated on the waybill