SAFEWAY COURIER SERVICES LIMITED.
COURIER TERMS AND CONDITIONS OF BUSINESS
The following information consists of the terms and conditions under which Safeway Courier Services Ltd. operates and it applies to all our deliveries and services. By using our services through any means, manual or online, you are legally bound by these terms and conditions.
We may review/change our charges or these terms from time to time but if we do, we will give you advance notice.
Our employees are not authorized to conclude verbal agreements and verbal amendments to these terms and conditions or make other verbal agreements.
1. Recitals
The recitals set forth above are integral to and made a part of this terms and conditions.
2. Definition of Terms Used
In these terms, the words or phrases below will have the following meanings:
a) We, Our, Us: - this refers to the company i.e. Safeway Courier Services Ltd. and all other companies or individuals whose services we may use.
b) You, Your: - the client who asks us to provide a delivery service including any employee, subcontractor or agent acting on their behalf.
c) Courier or Carrier: - the company or individual that will be collecting and delivering parcels on our behalf.
d) Parcel or Package or Item: - a single box/package including the content within.
e) Consignment: - more than one package/box being delivered to a single address on behalf of a particular client.
f) Dangerous Goods/Prohibited Items
Anything you may ask us to deliver that could put the health and safety of other people at risk. This includes explosives, items requiring specialist treatment or handling during transportation
g) Clients/Customers: - individuals or companies that has purchased our services and is legally bound to pay all charges / surcharges incurred (if any) during the provision of the service.
h) Working Days: - Monday -- Friday 8.00am -5.00pm, Saturdays 8.00am -- 4.00pm this excludes banks holidays or public holidays.
*i) Service/Services/Order:-* all collection and delivery services that we offer to clients and customers online and offline.
j) Proof Of Delivery:- A signature or company stamp or both obtained from the consignee or receiver acknowledging that the item/consignment has been received.
GENERAL POINTS
These are the terms under which we do business with you. They cannot be changed unless one of our directors agrees in writing.
3. Collection and Delivery
a) Before asking us to collect/deliver any package/consignment, you must make sure of the following:
i) If you are not the owner of the items/goods for delivery, you have the owner's permission to enter into this agreement and ask us to make a delivery.
ii) The goods in the consignment are not dangerous and possession of them is not a criminal offence.
iii) Only those individuals duly authorised by you can make bookings with us.
b) We may refuse to accept a consignment for delivery or any part of it; we may also inspect a consignment if we believe that these terms may have been breached (e.g. to check for dangerous/ prohibited items).
c) We can use any method or route to deliver your package/consignments including using subcontractors or agents.
i) Your rights will not be affected where subcontractors are used by us. No subcontractor or agent shall be under any greater liability to you than we are.
d) We will use our reasonable endeavour to deliver your package/consignment within the time you request, but unless we expressly agree in writing before accepting your consignment for delivery, we will not be liable for any loss or expenses you may suffer if the package/consignment is not delivered on time.
e) We will make one attempt to deliver your package/consignment, but if we are not successful, we will have the options to either:
(i) make a second attempt or
(ii) deliver to an alternative address provided by you or
(iii) keep the item in our depot upto two working days. The consignee can collect from our depot before the period of two days lapses or
(iv) return the item(s) to you provided they are not perishable and can stay that long in our custody.
v) Any of these alternatives will be at your cost but we will contact you first to agree the best option.
vi) if the item still cannot be delivered we will give you seven days' notice that we intend to sell or dispose of it. Net proceeds of sales (net of expenses or cost of disposal) will be applied to your account with us.
4. Collection and Delivery Risks
a) The carrier will only collect from the ground floor of the collection premises.
i) If the items are not present on the ground floor at the time of collection, the collection might fail and surcharges would occur for the failed collection.
ii) If a collection or delivery fails due to an inadequate or incorrect address provided by the client, the liability rest with the client and surcharges may occur due to the failed collection or delivery.
b) If we are kept waiting or loading longer than ten (10) minutes at either the collection or delivery address, we may charge you an additional amount, this being the hourly rate of the delivery vehicle in question. If a collection or delivery takes more than 10 minutes the rider has every right to mark it FAILED delivery.
c) If parcel that need to be collected/delivered is difficult to carry by one person, help should be available for the carrier at the point of collection/delivery. If such help is not available, the carrier may mark the collection or delivery as failed and relevant surcharges may apply. Such parcels are normally longer than 1.5meters and weighs more than 20kg.
d)(i) The carrier would deliver goods to the entrance of the designated delivery address only (ground floor only). The carrier may help with taking the goods into the location inside the address at their sole discretion, if any damage is incurred to the property by the carrier during the delivery of the parcel, be it through negligence or otherwise, neither we nor the carrier are liable to pay out any compensation whatsoever in any circumstances.
d) (ii) Where the carrier accepts to collect the goods from a location inside the address at his sole discretion, if any damage is incurred to the property by the carrier during the collection of the parcel, be it either through negligence or otherwise, neither we nor the carrier are to be liable to pay out any compensation whatsoever in any circumstances.
5. Proper Packaging and Labelling
a) All parcels sent via our services need to be securely packaged for transportation. The client remains responsible for ensuring that the package is adequate for transportation;
i) by accepting the parcel for collection, the company does not acknowledge that the packaging is adequate.
b) Senders must package their items in a manner that properly protects the content during transportation. Packages tendered to the company must be packed or wrapped as to meet the requirement necessary as the company will not be liable for delay, damage or loss of goods caused or contributed to by defects or inadequacy of the packaging used by the sender.
i) The use of the company provided packaging is not a guarantee that an item is sufficiently packaged.
ii) The marking ''FRAGILE'', "UP'' arrows or ''THIS SIDE UP'' or any other similar marking and labeling must be indicated on the packages as necessary.
Multiple Packages
c) When sending multiple parcels, the correct label need to be applied on appropriate boxes, if any wrong labels are attached to the wrong boxes this may result in incorrect deliveries.
i) If the required information is not provided at the time of booking, the parcel/package sent might be returned to the client (sender) and there would be surcharges applicable for the return.
ii) Multiple piece package (consignment) must be labeled with the full delivery address on each piece and each piece individually marked '1 of 3', ''2 of 3, '3 of 3''
d) Any item traveling through our services must be able to withstand a short drop. For fragile items anyone that is damaged as a result of a fall, with the packaging intact will therefore be declined. Besides, items might be stacked in our delivery vehicle with other boxes being placed on top of item. Hence, it is imperative that a box of adequate strength is used to protect them inside from getting damaged.
e) If an item is refused by us from a client due to:
i) -Inadequate packaging
ii) - No delivery address/waybill attached (as applicable)
iii) -No proforma invoice attached
you may lose out on your booking and would have to pay surcharges for the failed collection. The decision of the company in refusing a parcel is final and cannot be disputed.
iv) However where we find it necessary, we may repack it to the required standard. A reasonable charge will be made to you for any such repackaging.
Reweigh: The Company reserves the right to reweigh packages notwithstanding that a weight has been declared on the shipping document. The reweighted weight determined by us may be applied for the assessment of rates and the sender agrees to pay same.
Rounding Measurement: Package dimensions must be rounded up to the nearest whole number, equally weights must be rounded up to the nearest whole number kg.
6. Proof of Delivery (POD)
Delivery can be verified by calling Safeway Courier Services Ltd. referring to the online tracking system at our website.
a) Verbal Proof of Delivery:
i) Verbal Confirmation is available to both the consignor (sender) and the consignee. This proof of delivery may consist of the name of the person who signed for the item, the date and time that the item was delivered. Upon request, the company will provide proof of delivery through WhatSapp or email showing copy of delivery evidence.
ii) We will take all reasonable steps to obtain a proof of delivery and that proof of delivery will be conclusive evidence that the item/consignment was delivered complete and in good order.
b) We will not be liable for any loss or mis-delivery where delivery has been made in good faith to a person claiming to be the consignee or an agent or an employee of the consignee.
c) If you require a proof of delivery after delivery has been made, we will endeavour to provide this to you provided your request is made within 14 days from date of delivery. Requests made later than this will be dealt with at our absolute discretion.
d) We will retain original hard copy of proof of delivery or any other associated documentation obtained by us for a minimum of three months from the date of collection, after that we may destroy these items without any obligation to you.
7. Insurance
If you are dissatisfied with our limits of liability then you have to make any necessary insurance arrangements to provide the level of cover required having regard to the items in transit.
8. Limitation of Liability
a) Consequential loss:
i) We will not be liable for any special, incidental, consequential or economic loss or damages including but not limited to loss of profits suffered by you or third party as a result of our failure to deliver, misdelivery, loss or theft of items, late or delayed delivery . Our liability is strictly limited to the cost of replacement of or repair of the goods sent in the consignment.
(b) i) We will not be liable for any loss or damage to any consignment that cannot be carried within lockable equipment normally provided on the vehicle you ordered from us. For example, if you order a motorcycle to make a delivery and your consignment is too big to fit into its carrying equipment, we may be able to carry it provided it is safe to do so but we will not be liable for any loss or damage to that consignment**.**
(b) (ii) If your goods/consignment needs special/extra manpower to be loaded or unloaded, you must make sure it is available at both collection and delivery addresses. If such is not available you will be liable for any resulting costs which may include waiting, storage and delivery charges
c) We are not to be held liable for losses of any nature that may be incurred for the company refusing to accept your parcel.
i) If the item is perishable and refused by the receiver on account of it being damaged, it will be kept by us for a maximum of two working days after which it will be disposed off.
Surcharges may be levied for the process of disposing the item which will be charged to you, the client.
d) Where we are required to sign to acknowledge collection of your package/consignment then the signature will not be regarded as evidence of the condition of the items or consignment
e) When our despatch rider (carrier) comes to collect or pickup your items, please make him sign the Collection Note/Booking Order form once your booking is made. If the Collection Note is not signed no claims for lost/damaged items would be entertained.
f) If our despatch rider attempts to collect or deliver a parcel and no one is available to hand over or receive from him, the client would lose out on his booking and surcharges would be paid for the failed collection or delivery. The rider will note a landmark when he tries to collect or deliver as proof of his attempts. Under all circumstances, this is to be treated as sufficient proof that the rider made every reasonable effort to collect or deliver the parcel but was unable to do so due to reasons beyond his control.
i) The carrier may deliver the parcel to any one present at the delivery address and not necessarily to the person the parcel is consigned to. In order to avoid a failed delivery, the carrier may decide to leave the parcel with a neighbour. The company will not be liable in either scenario under any circumstances.
j) We will not be liable for damage to glass/fragile items, liquid and foods, secondhand goods including but not limited to car parts, computer monitors, televisions including CRT, LCD, LED and plasma, musical instruments, glassware, lighting, porcelain, ceramics, china, fossils, stone, perishable items whose nature are susceptible to damage due to hot or cold temperature or items whose market value are difficult to assess. These items will only be accepted for carriage at the risk of the sender.
9. Liability In Terms of Loss/Damage to Prohibited Items**
a) Items sent through our services if discovered to be on the prohibited items' list, may be returned back to the sender or destroyed at our sole discretion.
b) Any costs incurred in the return or destruction process will be charged back to the sender. No refunds will be given on the charges paid.
Prohibited items
d) the list of Prohibited items is deemed to include but not limited to the followings:
arms and ammunitions, military and paramilitary uniform items, original national passports, live animals and birds, pornographic materials, human remains in any form, bank bills (currency notes) money order, negotiable instruments, credit & debit cards, fireworks & radioactive materials, industrial diamonds, bacterial & virus samples, blood samples, chemical & biological substances, psychotropic substances & other drugs, all toxic compressed gases etc. This list may be amended from time to time.
10. Undeliverable Packages
a) Packages which are sent 'prepaid ' by the sender and which are refused by the consignee or which for any other reason cannot be delivered, will be promptly returned to the sender with an additional charge billed to, and paid for by the sender.
i) If the returned package is refused by the sender or the package cannot otherwise be returned to the sender, Safeway Courier Services Ltd. will retain the package for a period of time not exceeding twenty one (21) days and reserve the right to dispose of the package thereafter.
Payment by Consignee
b) The sender must notify the consignee prior to sending any payment option except 'prepaid'. The sender is liable to payment in the event of non-payment by the consignee.
11. Cancellation & Returns
a) Where collection and delivery orders have been booked for and paid in advance, the client has a right to request for cancellation, latest, a day before the scheduled collection/delivery. If the cancellation is accepted, half of the original funds paid (excluding VAT), will be refunded.
b) Where the customer wants parcel/consignment returned to the sender once it has been collected and is in transit (i.e. it is yet to be delivered), we will do our best for it to be returned (we cannot guarantee the time period).
i) If the parcel gets lost or damaged during the return, we are not to be held liable for any claims that may arise thereafter.
ii) Customer will also have to bear additional charges brought about, due to the return.
c) Prime (time-sensitive) Delivery
i) For all the Prime (time sensitive) deliveries, half the charge will be refunded, if the item is not delivered on the time stipulated on the service.
ii) We are not liable to refund the original charge paid for any delays at collection /delivery which are less than 5 working days long. Also, we are unable to offer any financial compensation with regards to loss of business, loss of time or any other, whatsoever, incurred by the customer, due to the delays caused.
Delays in collection or delivery more than 5 working days in length which have occurred, due to reasons beyond our control (due to business not limited to strikes, acts of God, etc.) does not warrant a refund on the charges paid, nor are we to be held liable for any losses incurred.
12. Refused and Unidentified Packages
a) If for any reason the ownership of a package in the possession of Safeway Courier Services Ltd. cannot be ascertained:
i) The company will retain the package for a maximum period of 30days holding period.
ii) At the end of this holding period the company is deemed to have fulfilled all its obligations and the sender and consignee will be deemed to have relinquished any and all proprietary rights in the package and its contents.
iii) Following the holding period the company may dispose the unclaimed goods in any manner it elects.
13. Taxes & Duties
a) The prices (rates/fees/charges) quoted by our company is for the provision of transportation of items only, and does not include VAT. All taxes, duties and other charges applied on packages, goods, our sales, etc. are the responsibilities of the receiver (customer) if the receiver refuses to pay these charges, they will be automatically billed back to the sender along with any admin fees that we may incur.
b) Values declared for the contents of your parcel should be realistic. For values declared to be fraudulent/inaccurate, fines might be applied to the client/customer, and there might equally be delays in the parcel being delivered.
i) We are not to be held liable for any such delays under any circumstances and all the penalties applied would have to be settled by the client/customer.
14. Claims Procedure
a) If we are to consider any claim for non-delivery, late delivery or damage or loss of any consignment, you must notify us in writing:
i) within seven (7) days of delivery for any shortage or damage and within fourteen (14) days for any loss.
b) Unless we are shown and proved to be at fault, you will indemnify us for any claims or losses arising from our delivery consignment for you.
c) If you make a claim for damages to your consignment, you will keep (or arrange to keep) that consignment and all its packaging in a safe place in case we or our loss adjusters need to make inspection in course of investigation.
d) A claim may be filed by the client /customer when Safeway Delivery does not meet its prime (timed) delivery commitment or loss of or damage to a package. Tracing or tracking a missing package doesn't mean that a claim has been filed.
e) Claims must be submitted to Safeway Courier Services Ltd. by telephone (+2349064590590) or in writing to Safewaycourierservices125@gmail.com (Attention: Claims Dept.)
f) (i) We will be entitled to ask you for written evidence to establish the value of the loss or damage (a copy invoice from supplier).
ii) We may also ask you to obtain an estimate for repair if appropriate.
iii) You must still continue to pay our invoices in full as they become due even though you may have submitted a claim to us.
iv) All claim notifications must include: shipment details, address information (to/from), date of shipment, package weight, Safeway Courier Services Ltd. Order Number, Waybill Number, good detailed statement of what is being claimed.
15. Prices
Subject to an express agreement to the contrary, our prices are quoted in Naira without value added tax (VAT), other public taxes, insurance or packing and assembling.
a) In the event that a price has not been agreed expressly, our list prices on the day of delivery shall be applied.
16. Invoice Payment for Services
a) Safeway Courier Services Ltd. credit terms require payment of all charges upon receipt of our invoice. The sender agrees to pay our company all transportation/delivery charges.
i) In the event the customer fails to pay the invoice, Safeway Courier Services Ltd. deserves the right to place the customer on 'Cash Only' basis as well as implementing any other legal rights and remedies available to it.
b) You will raise any query you may have on our invoice within four (4) days of the invoice date. After that time you will be deemed to have accepted our invoice as correct and will make payment within our agreed terms
c) For corporate clients our bill for services rendered will be payable weekly unless agreed otherwise.
d) If you do not settle our bill within due date, and still remains unsettled upto 30 days of our invoice date, we will be entitled to charge you interest at 3% per month (or parts thereof) from invoice date to the date of payment
e) Customer is responsible for all expenses in the collection of money that have not been paid within the terms specified.
f) Irrespective of any credit terms or payment dates previously agreed between you and us, we may, at our absolute discretion, withdraw credit facilities at any time. If we do, then all invoices will immediately become payable.
g) (i) Payment is to be made in cash or by transfer to the account stated in the invoice. Settlement of an invoice by cheque is only permitted by a separate agreement.
g) (ii) Payments should not be made into the personal accounts of our employees except with the express approval of one of our directors. If in doubt please call any of our Admin. Office lines: 08181831968; 09064590590
17. Service Guarantee
(Prime (Time-Sensitive) Delivery)
a) In the event Safeway Courier Services Ltd. fails to complete a delivery or attempt delivery within the time, the company at its option, will reduce the charges to the next appropriate service level either by credit or refund for each such shipment to the payer, upon request subject to the following conditions.
i) Courier's guaranteed delivery schedule must state that the destination point qualifies for the service commitment from the origin point.
ii) The shipment must be properly documented on the company's pickup record and
iii) Each package must be properly labelled, including to/from address details with consignee's correct name, deliverable address and telephone number.
b) The company will not guarantee delivery to a P.O.BOX or rural route number, the appropriate information must be recorded on the waybill and the company must be made aware of the services at the time of order.
c) The prime delivery (time-sensitive delivery) guarantee does not apply to other forms of delivery which are delayed due to causes beyond the company's control including but not limited to the following;
i) the unavailability or refusal of a person to accept delivery of the item,
ii) delays caused by the consignee,
Force Majeure (extraordinary events or circumstances)
iii) Natural disaster e.g. floods,
public enemies, public authorities acting with actual or apparent authority on the premises, or similar authorities, riots, strikes, circumstances arising before, during or after a strike or other disputes,
iv) Transportation network (such as weather phenomena),
v) Defect or inherent vice in the goods.
d) Prime delivery guarantee does not extend or apply to items picked up from or delivered to certain extended points deemed to be "beyond point."
e) The company reserves the right to waive the prime delivery guarantee on items scheduled for delivery the business day following a national or state --wide public holidays.
f) We reserve the right to refuse any request for a credit or refund when such request is made by a party other than the payer of the charge.
18. After Hour charges (Premium Delivery)
a) An additional charge is applicable for each package/order with a required pickup/collection or delivery time outside our normal operating hours (8.00am -5.00pm, Monday to Friday & 8.00am to 4.00pm, Saturday)
b) The Consignor (Sender) must contact our Customer Care Service Desk during regular operating hours of their intent to have a package/consignment picked up /collected or delivered before or after our normal working hours.
i) The sender will be advised of services availability depending on the destination and the price at the time.
ii) The sender is also responsible for providing the company with complete information of a person being available during the times requested in the event of an unexpected issue.
c) All bookings of delivery services take place after the client had confirmed the date and time with the consignee. This is to avoid failed delivery.
i) Our Logistics Desk is open during working hours, the client makes the arrangement with customer (consignee) and book for the delivery as regards date, delivery window (time period) delivery zone, item details and price.
19. Non-Competetive Engagement Agreement
We have invested significant time and money in recruiting and training staff and engaged the services of courier subcontractors. If you engage or arrange to engage (on behalf of anyone else) any of our employees or subcontractors within three (3) months of their leaving us, you will accept a charge from us equal to the last three (3) months gross earnings of that person whilst engaged by us. We both agree that this is a fair estimate of our cost of replacing that person.