TERMS AND CONDITIONS OF CARRIAGE

Document shall be carried by HMV LOGISTICS. Upon condition hereafter set out. By these condition, HMV LOGISTICS hereafter SHALL NOT BE LIABLE FOR CERTAIN LOSSES AND DAMAGE. IF SB IS TO BE LIABLE, THE AMOUNT OF LIABILITY IS LIMITED TO THE AMOUNT STATED, The shipper is therefore advised to seek his own insurance coverage in any area in which liability is unacceptable in HMV LOGISTICS.

  1. DEFINITIONS:
  2. In this condition, the following expression shall have the meaning irrespectively.
    Assigned to them, namely;
    (a) Consigner or shipper shall mean the contracting with carrier for the carriage or cargo.
    (b) Carriage which is the equivalent of transportation means carriage by air, and or sea gratuitously or for reward.
    (c) Cargo means anything carried or to be under his conditions.
    (d) Carrier means HMV LOGISTICS servant, agent subcontractors/successive carriers and all authorized person acting on their behalf.

  3. SERVICES RESTRICTIONS
  4. (a) If any cargo to be carried in contravention of these conditions, the carriage therefore may be returned and the cargo may, if the carrier deems it necessary to be returned to the consignor thereof or forward to its destination at the express of the additional expense or the consignor.
    (b) No dangerous offensive or poisonous or otherwise deleterious cargo will be carried and the consignor warrants that the course of carriage.
    (c) Carrier reserves the right to examine and inspect the content of all cargo but shall under no obligation to do consignor must give a description of the cargo on the consignment note.
    (d) Carrier reserves the right to abandon carriage of a shipment at anytime after acceptance when suck could possibly cause damage or delay to other shipment or personnel or the carriage of which is prohibited by law or is in violation or all rules contained herein without liability to the shipper.

  5. LIMITATION OF LIABILITY
  6. Subject to section 4 hereof the carrier will be responsible only while the cargo is within the carrier's custody and control and shall be liable for loss sustained by the shipper due to damage to or loss of the shipment while the carrier's custody and control HOWEVER IN NO EVENT SHALL SUCH LIABILITY FOR ANYONE SHIPMENT NEED THE LESSER OF.
    (a) ONE HUNDRED AND FIFTY NAIRA (150)
    or it's equivalent.
    (b) The amount of any loss or damage to the cargo actually sustained or (II) below without regard to its commercial or special value to the shipper.
    (c) The actual value of a cargo shall be determined by reference to our cost if preparation, reconstitution or value at the time and place of shipment.
    (d) The actual value of a cargo shall be determined by reference to his repair replacement, resale or fair marked value at the tune and place of shipment whichever is less. In no event shall such value exceed the original cost of the item actually paid by the shipper plus 10%.

  7. LIABILITIES NOT ASSUMED
  8. (a) While the carrier will endeavour to exercise a best efforts to provide fast delivery in accordance with regular delivery schedules, the carrier will under NO CIRCUMSTANCES BE LIABLE TO THE SHIPPER OR CONSIGNEE OR TO ANY OTHER PERSON FOR DELAY IN PICK-UP, TRANSPORTATION OR DELIVERY OF ANY SHIPMENT REGARDLESS OR THE CAUSE OF SUCH DELAY
    (b) The carrier shall not be liable for any damage, delay, loss, misdelivery or non-delivery (here after in this condition collectively referred to as damage caused by).
    (i) The act, default or omission of the shipper/consignor, consignor or any other party who claims an interest in the shipment.
    (ii) The nature of the shipments or any defect, characteristics or inherent voice therefore.
    (iii) Violation by the shipper or consignee of any condition stared herein including, but not limited to improper or insufficient packing, securing, making or addressing mis descending the contents of any shipment or failure to observe any of the rule relating to such rule are now or hereafter made known to the shipper.
    (iv)Compliance with laws, government regulations acts omission of postal customs or other government officials riots strikes or other local disputes acts God force majeure occurrence perils, of the air weather conditions. Temperature attitude mechanical of other any aircraft employed in the transportation services or any cause beyond carrier's control.
    (v) Acts or omission of any postal services, forwarder or other entity of person to whom a shipment is tender by the carrier for transportation to any location not regularly served by the carrier regardless of whether the shipper requested or had knowledge of such third party delivery arrangement.
    (c) The consignor shall be liable for all damage or loss suffered by carrier or any other person's by reason of the irregularity incorrectness of incompleteness of any description statements or particular which the consignor describes or attributes to the cargo the consignor or the consignee.

  9. UNDELIVERABLE SHIPMENTS
  10. (a) Cargo must be packed so as to ensure safe carriage in handling and so as not to injure or damage any person's goods or property.
    (b) Each cargo or package shall be legible and durable marked with the name full street, telex and telephone number (of available) and alternative contact of the consignor and consignee carrier shall be obliged to inquire into the correctness or sufficiency of such information furnished.
    (c) Consignments which through no fault of carrier cannot be delivered on the first lender of delivery to the consignee will be returned to carrier terminal future tenders will be made upon request of the consignor and subsequent tender of delivery.
    (d) Shipment not claimed with 5 working days on arrival will attract demurrage charges of N50 per carton each day.

  11. CLAIMS
  12. (a).Receipt by the person entitled to delivery of the cargo without complaint in prime facts evidence that the same has been delivered in good condition and in accordance with contract of carriage.
    (b) No action shall be maintained in the case of damage to partial loss of cargo, unless a written notice sufficiently describing the cargo concerned, the appropriate date of the image and the details of the claims is presented to an office of the carrier nearest to the location at which the shipment was accepted by the carrier within seven days from the date of receipt thereof, In the case of delay unless presented within fourteen days from the date the cargo is placed at the disposal of the person entitled to delivery and in the case of loss (including non-delivery unless presented with thirty days from the date of receipt by the carrier).
    (c) NOTWITHSTANDING ANY OF THE FOREGOING no claims for loss or damage will be entertained until all transportation charge have been paid. The amount of a claim may not be dedicated from any transportation charges owed by the carrier. THE CUSTOMER HEREBY AND ALL RIGHT INCLUDING ANY STATUTORY OF COMMON LAW RIGHT TO SETOFF THE AMOUNT OF ANY SUCH CLAIM AGAINST TRANSPORTATION CHARGE OWED TO THE CARRIER

  13. CONSEQUENTIAL DAMAGE
  14. Carrier shall not be liable in any event for any consequential of special damages arising from carriage subject to this term and cumbering whether or not carrier had knowledge that such damage might be incured.

  15. LIEN ON GOODS SHIPPED
  16. All cargo and document relating to cargo shall be subject to carrier's and right of detention to monies due in respect of such cargo.

  17. INSURANCE
  18. (a) The carrier shall on the request of the shipper and upon payment therefore at the prevailing rates, arrange insurance coverage on behalf of the shipper in an amount to be determined by the carrier.