General Terms and Conditions
1. General Terms
1.1. All and any business undertaken by CRESEADA INTERNATIONAL LIMITED (Hereinafter called, "The Company") is transacted subject to the conditions hereinafter set out and each and every condition hereinafter set out shall be deemed to be a condition of any agreement between The Company and its 'customers.
1.2. The Company is not a Common Carrier. All goods are dealt with subject to The Company’s terms and conditions and to the regulations stipulated by carriers, as per applicable airway bill (AWB), Bill of Lading (B/L), waybill, and all other parties into whose possession or custody of goods may pass.
1.3. Customers entering into transactions of any kind with The Company expressly warrant that they are either the owners or the authorised agents of the owners of any goods or property the subject matter of the transaction, and by entering into the transaction they accept these conditions for themselves as well as for all other parties on whose behalf they are acting.
1.4. Subject to express instructions in writing given by the customer, The Company reserves to itself complete freedom in respect of means, route and procedure to be followed in the handling and transportation of goods.
1.5. The Company is entitled to retain and be paid all brokerage, commissions, allowances and other remunerations customarily retained by or paid to Shipping and Forwarding Agents and Insurance Brokers.
1.6. The Senders, Owners or Consignees of any goods and their agents, if any, shall be deemed to be bound by and to warrant the accuracy of all descriptions, values and other particulars furnished to The Company for customs, consular and other purposes and they undertake to indemnify The Company against all losses, damages, expenses and those arising from any inaccuracy or omission, even if such inaccuracy or omission is not due to any negligence.
1.7. The Company shall not be liable under any circumstances for any loss, damage or expense arising from or in anyway connected with marks, weight, numbers, brands, contents, quality or description of any goods.
1.8. The Senders, Owners and Consignees and their agents, if any, shall be liable for any duty, tax, impose or outlays of whatsoever nature levied by the authorities at any port or place for or in connection with the goods and for any payments, fines, expenses, loss or damage incurred or sustained by The Company in connection therewith.
1.9. No insurance will be effected except upon express instructions given in writing by the customer and all insurance effected by The Company are subject to the usual exceptions and conditions of the policies of the insurance company or underwriters taking the risk. The Company shall not be under any obligation to effect a separate insurance on each consignment, but may declare it on any open or general policy. Should the insurers dispute their liability for any reason the insured shall have recourse against the insurers only and The Company shall not be under any responsibility or liability in relation thereto, notwithstanding that the premium upon the policy may not be at the same rate as that charged by The Company or paid to The Company by its customer.
1.10. Instructions to collect payment on the delivery (COD) in cash or otherwise are accepted by The Company upon the condition that The Company in the matter of such collection will be liable for the exercise of reasonable diligence and care only.
2. Other Terms and Conditions
2.1. Perishable goods, which are not taken up immediately upon arrival or which are insufficiently addressed or marked or otherwise identifiable, may be sold or otherwise disposed of without any notice to the Senders, Owners or Consignees of the goods and payment or tender of the net proceeds of any sale after deduction of charges shall be equivalent to delivery.
2.2. Non-perishable goods which cannot be delivered either because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the Consignee may be sold or returned at The Company's option at any time after expiration of 21 days from a notice in writing sent to the address which the sender gave to The Company on delivery of the goods. All charges and expenses arising in connection with the sale or return of the goods shall be paid by the customer.
2.3. Except under special arrangements previously made in writing The Company will not accept or deal with any noxious, dangerous, hazardous or inflammable or explosive goods or any goods likely to cause damage. Any person delivering such goods to The Company or causing The Company to handle or deal with any such goods (except under special arrangements previously made in writing) shall be liable for all loss or damage caused thereby and shall indemnify The Company against all penalties, claims, damages, costs and expenses arising in connection therewith and the goods may be destroyed or otherwise dealt with at the sole discretion of The Company or any other person in whose custody they may be at the relevant time. If such goods are accepted under arrangement previously made in writing, they may nevertheless be so destroyed or otherwise dealt with if they become dangerous to other goods or property. The expression "goods likely to cause damage includes goods likely to harbor/encourage vermin or other pests".
2.4. Except under special arrangements previously made in writing, The Company will not accept bullion coins, precious stones, jewelry valuables, antiques, pictures, livestock or plant and The Company will not accept any liability whatever for any such goods except under special arrangements previously made in writing.
2.5. Pending Forwarding and delivery, goods may be warehoused or otherwise held at any place or places at the sole discretion of The Company at the owner's risk and expense.
2.6. All goods (and documents relating to goods) shall be subject to a particular and general lien for monies due either in respect of such goods or for any particular or general balance or other monies due from the Senders, Owners or Consignees to The Company. If any other notice has been given to the person from whom the monies are due that such person, and the proceeds applied in or towards satisfaction of such particular and general lien.
2.7. The servants, employees and agents of The Company shall be entitled to the benefit of all provisions in these conditions which exclude or restrict tortious liability or any kind.
2.8. Except under a special arrangement mode in writing, The Company will not be responsible for entering the goods for clearance on behalf of the consignee.
3.1. The Company shall not be liable for loss of or damage to goods unless such loss or damage occurs whilst the goods are in the actual custody of The Company and under its actual control and unless such loss or damage is due to the valid neglect or default of The Company or its own servants.
3.2. The Company shall be liable for loss or damage to goods in their custody before the expiration of the 7 days notice given to the owner to claim its goods. If the loss or damage is due to the willful neglect or default of The Company.
3.3. Where the loss or damage is caused by an Act of God during the period of the 7 days notice while the goods are in the custody of The Company. The Company shall not be held liable.
3.4. The Company shall not in any circumstance be liable for damages arising from loss of market or attributable to delay in forwarding or in transit or failure (not amounting to willful negligence) to carry out the instruction given to it.
3.5. The Company shall only pay compensation on losses or damaged goods covered under its Goods-in-transit (GIT) and Fidelity Guarantee (FG) policy subject to terms and conditions up to NGN1,000.00 and NGN200.00 per kilo respectively subject to excess deductible of 10% and a maximum liability of NGN2 million per event. In the case of china, glass, tobacco, cigarettes, cigars, wines, spirits, furs, watches, clocks, jeweler, gold and silver articles precious, metals and stones, bullion, cash, bank notes, stamps, deeds, bonds, securities bills of exchange documentations, manuscripts or plan and of any kinds the liability of The Company in respect of any one article liability is limited to N200.00 per kg only and maximum of NGN2 million per event.
3.6. (a) In the case of goods of value exceeding SDR2.00 per kg or the equivalent of that sum in other currency, the value will not be declared or inserted in the Bill of Lading for the purpose of extending Ship-owners liability under Article IV. Rule 5 of the Carriage of Goods by Sea Act 1924, except upon express instructions given in writing by the customer. In carriage to which Articles 1-8 of the Hague Rules applies Carrier shall, in accordance with the procedures set forth in its condition of carriage and applicable tariffs permit shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if so required.
(b) In case of goods of value exceeding SDR19.00 per kg or the equivalent of that sum in other currency, the value will not be declared or inserted in the airway bill (AWB) for the purpose of extending Carriers liability, as per IATA regulation, except upon express instructions given in writing by the customer. In carriage to which neither the Warsaw Convention nor, the Montreal Convention applies Carrier shall, in accordance with the procedures set forth in its condition of carriage and applicable tariffs permit shipper to increase the limitation of liability by declaring a higher value for carriage and paying a supplemental charge if so required.
(c) In all other cases where there is a choice of tariff rates according to the extent of the liability assumed by carriers warehousemen or others no declaration of value (where optional) will be made for the purpose of extending liability, and goods will be forwarded or dealt with at owners risk or other minimum charges, unless express instructions in writing to the contrary are given by the customer.
4.1. Quotations are given on the basis of immediate acceptance and subject to the right of withdrawal or revision. If any changes occur in the rates of freight, insurance premiums or other charges applicable to the goods, quotations and charges shall be subject to revision accordingly with or without notice.
4.2. Any quotation by The Company shall be open for a period of seven (7) working days from the date of the quotation unless revoked in writing to the Customer or otherwise extended in writing by The Company.
The price quoted and accepted by the Customer in writing shall constitute the Contract price.
5. Credit terms
5.1. The Company shall decline additional requests for services on credit where any due and outstanding debit balance of the customer have not been cleared, unless special arrangements are made and confirmed in writing by The Company.
5.2. The Company reserves the right to withdraw or change the credit facilities at any time without notice on occurrence of any of the following events subject to the parties settling all their accounts:
i. The Credit customer commits a breach of any of the terms of conditions of this agreement;
ii. The Credit customer fails to obtain any required licenses or consents under the laws of Nigeria or such licenses and consents are withdrawn;
iii. The Credit customer and/or its director(s) are convicted of felony;
iv. The Credit customer goes into liquidation or winding up proceedings are commenced against it for any reason;
v. The Credit customer is guilty of any conduct which in the opinion of The Company is prejudicial to The Company’s interest
vi. The ownership structure of the credit customer changes.
5.3. The Company reserves the right to decide the amount of Credit to be advanced to the Customer upon application. This shall be duly communicated to the Customer.
5.4. Customer shall be allowed to pay in full all amounts payable before the due date.
5.5. The Company may request for collateral from credit customer to secure credit in the form of a Personal Guarantee from an Executive of the Customer’s organization and/or Bank Guarantee.
5.6. Default will occur if:
i. Customer fails to make payment in full on or before the payment date of any and all amounts owing The Company.
ii. If this terms and conditions are breached and not remedied within the time period specified in The Company’s written notice to the Customer.
All agreements between The Company and its customers shall be governed by Nigerian Law and within the exclusive) jurisdiction of the Nigeria Courts.