MAINA Group of companies
1.) In these conditions:
- “Company”, “We”, “Us”, “Our”, and Maina means Maina Freight Forwarders PLC and / or Maina Imports Ltd and / or Maina Couriers Ltd.
- “Goods”, “Shipment” means any document or commodity consigned by a customer from one address to another.
- “Customer”, “You” and “Your” means any individual, firm, corporate body, incorporate association or any other body that uses the any or all of the facilities that the company provides.
We will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity or for any indirect, incidental, special or consequential damages or loss howsoever arising including but not limited to the loss, damage, delay, miss
delivery or non delivery of your shipment even if we had knowledge that such damages or loss might arise.
We are not liable if your shipment or any part of it is lost, damaged, delayed or miss-delivered or not delivered or if we do not fulfil any obligations towards you at all as a result of:
a.) Circumstances beyond our control such as (but limited to)
- Acts of God including, but not limited to, earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost.
- Any major force including, but not limited to, war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commissions.
- National or local disruptions in air, ground or sea transportation networks and mechanical problems to modes of transport or machinery.
- Latent defects or inherent vice in the contents of the shipment.
- Criminal acts of third parties such as but not limited to theft or arson.
b.) Your acts or emissions or those of third parties such as:
- You being in breach of (or any other party claiming an interest in the shipment causing you to breach) your obligations under these terms and conditions and in particular those warranties set out in condition 2.
An act or emission of any customs, airline, airport or government official.
- The contents of the shipment consisting of any article that is a prohibited item even though we may have accepted the shipment by mistake.
We are not a common carrier and do not accept from you any liabilities of a common carrier. Subject to the conditions above we limit our liability for any loss, damage or delay to your shipment or any part of it as follows:
a.) Carriage by air: if the carriage of your shipment is solely or partly by air and involves an ultimate destination or a stop in a country other than the country of departure the Warsaw convention (1929), or the Warsaw convention as amended by the Hague protocol (1955) and/or Montreal protocol No.4 (1975),
or the Montreal convention (1999), whichever is compulsorily applicable will apply. These international treaties govern and limit our liability for loss, damage or delay to your shipment to 17 special drawing rights per kilo (App £15.00 per kilo although the rate of exchange is variable).
b.) Carriage by road: if we carry your shipment by road within, to or from a country that is a party to the convention on the contract for the international carriage of goods by road 1956 (CMR) our liability for loss or damage to your shipment shall be governed by the CMR and thus limited to 8.33 special
drawing rights per kilo (approximately £8.00 per kilo although the rate of exchange is variable).
c.) Carriage by sea: for sea shipments, if from the U.S. the liability of the carrier and / or vessel shall not exceed US$500 per package or customary freight unit cost. In all other cases, compensation shall not exceed 2SDR per kilo of the gross weight of the goods lost or damaged (approximately £2.00 per
kilo although the rate of exchange is variable).
In the case of delay where you can show us that you have suffered loss our liability is limited to refunding you the charge you paid us for carriage in respect of that shipment or the part which was delayed.
- If we have a liability to you for whatever reason including without limitation breach of contract, negligence, wilful act or default and
- none of the conventions referred to above under a.) and b.) apply compulsory, or
- such liability is not governed by any of the above mentioned conventions pursuant to 12
a.) or b.) nor any other law or convention, compulsorily or;
- It relates to any services not being carriage by air, road or sea, our liability to you is at all times limited to the actual cost incurred by you to acquire or repair the shipment or the part affected within every case an upper limit that does not exceed £15.00 per kilo with a maximum of £15,000.00 per shipment.
In the case of delay where you can show to us that you have suffered loss. Our liability is limited to refunding to you the charge you paid us for carriage in respect of that shipment or the part which was delayed.
2.) The company is not a common carrier and accepts goods for conveyance on a subject exclusive to these conditions. No servant or agent of the company has any authority to alter, vary or waive any provisions of this contract in any aspect.
3.) The company accepts goods for conveyance on the basis that all below conditions are fulfilled and the customer accepts that they are by signing any type of delivery or collection note which has been provided by the company.
a.) That the customer is either the owner of or acting as a fully authorised agent for the owner of the goods and that if any other person or company has a stake in the goods, the person is acting as his fully authorised agent.
b.) That the goods do not comprise of weapons, ammunition or explosives
c.) That the goods do not comprise or include a letter or letters which the United Kingdom post office has an exclusive right to convey.
d.) That the goods do not comprise or include drugs, documents or other commodities that are illegal to have in possession in the country or countries the goods have arrived, departed from or been in transit from and or to.
e.) That the company has given prior written notice of toxic corrosive, combustibility or the flammable nature of his / her or the companies goods.
f.) That, unless packed by the company the goods are packed to the customers complete satisfaction and in strict compliance with all relevant packing regulations.
4.) The customer shall pay the company in respect to each consignment of the customers goods in accordance with the companies tariff charges in force at the time of each consignment; details of which are available from the company upon request.
a.) Payments shall be made promptly and in any events, within 30 days from the date of the company’s invoice.
b.) No deductions on payments or post dated payments will be accepted.
c.) You agree to pay our charges for the carriage of the shipment between the locations specified on the consignment note/contract of carriage and any value added taxes for the carriage within 30 days from the date of our invoice. You wave all your rights to challenge our invoice if you do not contest our
invoice within 7 days from the date of the invoice. Our carriage charges are calculated in accordance with the rates applicable to your shipment as set out in the provided rates contract. We may check the weight and dimensions of your shipment and if we find that there is a discrepancy between your declared
weight and/or volume you agree that the weight and/or volume that we determine may be used for the purpose of our calculations.
As a matter of course all import duties, value added taxes on good and all other charges levied on the shipment in the destination country shall be payable to us by the receiver upon delivery of the shipment and if the receiver refuses to pay you agree to pay us the amounts in full immediately upon us notifying
you that the receiver has not paid. You agree that we charge interest on all invoices not paid within 30 days from the invoice date at the 5% above the HSBC Bank Plc base rate at the time. You agree to pay our reasonable and proper cost of collection of invoices not paid within 30 days from the invoice.
5.) You hereby appoint us as your agent solely for the purpose of clearing and entering the shipment through customs and you hereby certify that we are the consignee for the purpose of designating a customs broker to perform customs clearance and entry
if we sub contract this work. If any customs authority requires additional documentation for the purpose of confirming the import / export declaration of our customs clearance status it is your responsibility to provide the required documentation at our expense.
a.) You certify that all statements and information you provide relating to the importation and exportation of the shipment will be true and correct. You acknowledge that in the event that you make untrue or fraudulent statements about the shipment or any
of its contents you risk a civil claim and / or criminal prosecution the penalties for which include forfeiture and / or sale of your shipment. To the extent that we may voluntarily assist you in completing the required customs and other formalities, such assistance
will be rendered at your sole risk. You agree to identify us and hold us harmless from any claim that may be bought against us arising from the information you provide to us and any cost we will incur regarding this and pay any administration fee we may charge you for providing the service described in
this article.
b.) Any customs duties, taxes, penalties, storage charges or other expenses we incur as a result of the actions of customs or other government authorities or your failure and / or the receivers failure to provide proper documentation and / or to obtain the required license or permit will be charged to you or the
receiver of the shipment. In the event that we decide to charge the receiver and the receiver refuses to pay the incurred charges you agree to pay them to us together with our fee for the administration involved as well as any extra costs we will incur. Upon our first request you will provide a proper guarantee
for any of the duties, taxes, penalties, storage charges or any other charges set out by this article.
c.)We will endeavour to expedite all customs clearance formalities for your shipment but are not liable for any delays, losses or damage caused by interference from customs officers or other government authorities.
The shipper shall comply with all applicable laws, customs and government regulations of any country to and, from through or over which the consignment may be carried, including those relating to the packing, carriage or delivery of the consignment, and shall furnish such information and attach such documents to the air/road/sea consignment note as may be necessary to comply with such laws and regulations. Carrier is not liable to the shipper or any other persons for loss or expenses due to the shipper’s failure to comply with this provision.
The following are not acceptable for carriage:
1. Livestock
2. Perishable Goods
3. Dangerous Goods (as defined in the current IATA Dangerous Goods Regulations)
4. Valuable Goods (i.e. those which require special security)
5. Goods in bond or goods subject to customs License regulations
No person or company has the right to copy or alter this agreement in any form without the consent of the majority stakeholders within the group. It is an offence to copy or all or any part of this contract for any other use.
The company reserves the right to revise the rates, review these terms & conditions, any amendments, additions or deletions of any clause/s or paragraph/s to suit the ever changing scenario from time to time and/or as required by the competent authorities.
This letter of business agreement comes into force as it is mutually agreed by both the parties the terms & conditions set forth herein and affix their signatures as a token of acceptance of the same.
MAINA - Group of Companies
MAINA FREIGHT FORWARDERS PLC
MAINA IMPORTS LTD
MAINA COURIERS LTD
INTERNATIONAL AIR FREIGHT/SHIPPING, FORWARDING AND CLEARING AGENTS
(Offering Comprehensive Services in Insurance, Packing, Trucking & Storage)
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