Red Star Express Plc
Terms and Conditions Of Carriage
1. In these Conditions:
(a) “Company” means Red Star Express Plc, its subsidiaries, affiliates, employees and representatives
(b) “Customer” means the sender, consignor and/or any individual, firm, corporate body, incorporated association or person representing a firm or company provided by Red Star Express Plc or any other body who consigns goods as stated below.
(c) “Shipment/Consignment” means any goods, document or parcel consigned by customers and accepted for carriage from one address or location to another.
(d) “Owner’s Risk” means that the shipment has been insured by the customer against loss and damage and is held upon terms that the Company shall not be liable for any loss of whatsoever nature and howsoever caused in excess of the value declared by the Customer. Where the value of the goods exceed N100,000.00, the provisions of Clause 3 (c) below shall apply.
(e) “Waybill” means document issued by the Company giving details and instructions relating to the shipment of a consignment.
Red Star Express Plc is not a common carrier and reserves the right in its absolute discretion to refuse carriage to any shipment/consignment tendered to it for carriage.
2. Customer’s Obligations
The Customer states that:
(a) The terms and conditions of carriage contained on our website at www.redstarplc.com have been read and by concluding any type of contract with the company, accepts and agrees to be bound by the terms and conditions as set out in this waybill and as displayed on our website.
(b) He/She/It is either the owner or acting as the fully authorized agent for the owner of the shipment and that if any other person has an interest in the shipment, the customer is acting as the fully authorized agent
(c) The shipment does not comprise or include any dangerous goods which are specified by the International Air Transport Association (IATA) as restricted articles especially without prejudice to the generality of the foregoing:-explosive gases, weapons, ammunition, flammable substances, oxidizing substances, poisonous substances, radio-active materials and corrosives or though not specified above are of a kindred nature and by their nature are liable to cause death or personal injury. The customer hereby agrees to indemnify the Company for any customs duties, taxes, penalties and other expenses or charges which it may incur as a result of the actions of customs or other governmental authorities for the customer’s failure to provide proper documentations and/or obtain the required license or permits.
(d) The Shipment does not comprise any property that carriage of which is prohibited by law, regulation and/or statute of any Federal, State or Local government of any country from or through which the goods maybe carried.
(e) He/She/It shall pay the Company in respect of each shipment in accordance with the Company’s tariff charges as indicated below at the time of shipping each consignment.
(f) The actual contents of each shipment shall be declared and hereby agree to be bound by the description as written on the waybill. The names, addresses and telephone numbers of the consignor and consignee shall be provided by the customer and it is hereby agreed that the company shall not be liable for misdelivery or delay in delivery occasioned by the failure to provide these details.
(g) He/She/It shall be responsible for the declaration of value of the shipment and hereby agree that the company shall not be bound to make any request for such information. Where there is a failure by the customer to declare the value (which value must be stated on the waybill), the company shall be held harmless and free from any liability arising from any loss or damage to the shipment howsoever caused, and that the said shipment is shipped at owner’s risk.
(h) He/She/It shall be solely responsible for the packaging of the shipment in such a manner that it is able to withstand normal handling. Shipments of fragile nature must be properly packaged by the customer to prevent breakage and/or damage. Any loss or damage occasioned by or arising out of improper or insufficient packaging is strictly at the customer’s cost.
(i) Warrants that all information provided by the consignor or its representative is complete and accurate and that the shipment is properly packed, marked and addressed to ensure safe transportation with ordinary care in handling.
(j) shall indemnify and hold the Company harmless for any loss or damage arising out of or your failure to comply with any applicable laws or regulations and for your breach of the following warranties and representations.
3. The Company’s Obligations
The Company shall:
(a) Accept shipments for consignment on the basis that these conditions are fulfilled and the customer hereby irrevocably warrants that they are so fulfilled..
(b) Reserve the right to open and inspect any shipment without prior notice to the customer.
(c) Maintain a maximum insurance cover of N100,000.00 (One Hundred Thousand Naira) per airway bill. Where however the value of the shipment is above the maximum limit, the customer shall be required to pay 1% of the value declared as insurance premium.
(d) Be entitled to convey the shipment by its own servants or agent and/or by airline delivery and other independent contractor or by any means of conveyance or any route whatsoever.
(a) The Company shall not be liable in any event for any consequential
loss or damage including but not limited to lost profit, loss of income, loss of interest, loss of future business, loss of market, loss of reputation, loss of commercial personal value, incidental, special or consequential damages or loss howsoever arising including but not limited to delay, misdelivery or non-delivery of the shipment whether the risk of such loss or damage was brought to our attention before or after acceptance of the shipment since special risks can be insured by the consignor.
(b) The Company shall make every reasonable effort to deliver the shipment according to the regular delivery schedules, but these are not guaranteed and do not form part of the contract.
(c) The Company is not liable if the shipment or any part of it is lost, damaged, delayed or misdelivered or not delivered or if the company does not fulfill any obligations towards the customer as a result of circumstances beyond our control such as but is not limited to:
(i) Acts of God including earthquakes, storms, floods, fire, disease, cyclones, fog, snow or frost, perils of the air, mechanical delays, acts of war, strikes, adverse weather conditions, hostilities, civil commotions, industrial actions, accidents, acts of public enemies, embargoes, riots, local disputes or civil commotion;
(ii) National or local disruptions in road transportation networks and mechanical problems to modes of transport or machinery or bad roads;
(iii) Latent and/or inherent defects in the contents of the shipment;
(iv) Criminal acts of third parties such as theft and arson;
(v) acts or omissions or those of third
parties such as:
a breach by the customer (or any other party claiming interest in the shipment) or the customer’s obligations under these terms and conditions and in particular the warranties set out herein. An act or omission of any authority or agent of government.
(vi) The contents of the shipment consisting of any article that is a prohibited item even though we may have accepted the consignment in error.
(j) The company shall under no circumstance whatsoever be liable for loss, damage, misdelivery or delay of any kind:-
(i) Where the customer fails within seven (7) days of any loss, delay, misdelivery or delay occurring to the shipment to submit a claim in writing to the company’s registered office by registered post, express courier or physically delivering the letter at the company’s office;
(ii) Where the customer fails to issue legal proceedings against the company relating to a claim for compensation within two (2) years commencing with the date of the initial claim letter sent in accordance with Clause 4 (d)(i) above.
(k) The customer acknowledges and agrees that the provisions of Clauses 3 and 4 shall extend to protect and indemnify the employees and agents of the company and that such provision has been entered into and shall be enforceable by the company for itself and as trustees or agents for such employees and agents.
5. If for any reason beyond the Company’s control it is unable to convey the shipment to the address to which it was consigned, or to effect delivery at the said address:-
(i) The company shall endeavour to communicate with the customer within 24 hours and request for a new address to which the shipment should be delivered
(ii) if the company is unable to communicate with the customer within 48 hours, or if it is not provided with a new address within 7 days after a request for same, the company shall destroy the goods.
6. No agent, servant or representative of the company has the authority to modify, alter or waive any provision of this contract. The provisions as contained in this airway bill supersedes any oral and/or written instruction given by the customer in respect if any shipment and the company shall only be bound by the terms and provisions contained in this airway bill. The Company shall not be bound by any transaction not supported by an airway bill.
7. All services provided by the Company are subject to the terms and conditions stated herein. The Company reserves the right to update and/or amend these terms and conditions from time to time without notice. It is the responsibility of the customer to stay up to date with
any amendment and/or changes.
8. The Company shall use its resources to the fullest extent in delivering the shipment to the specified addresses or locations on or around the specified time as requested by the customer or transit time as stated by the company. All deliveries are subject to, and are limited only by, the restrictions and conditions contained within this agreement.
9. The Airway bill is non-negotiable. The company disclaims any warranties expressed or implied with respect to this shipment. The liability of the company for any loss or damage arising from loss and/or damage is limited to N100,000.00 (One Hundred Thousand Naira)
10. This Contract shall be governed by Laws of the Federal Republic of Nigeria and any dispute under them shall be within the exclusive jurisdiction of the Nigerian Courts.