Terms and Conditions of Service
Fando Freight Services Shipment Terms and Conditions
1. Definitions
In these Conditions the following expressions shall have the following
meanings:
A. “FSL” means Fando Freight Services, and it’s appointed sub-contractors
and
agents.
B. "Customer" means the sender of a single Consignment making payment
in advance to Fando Freight Services or via approved payment method.
C. "Consignment" means any one or more Parcel(s) sent at one time by
the Customer to one address in Nigeria or agreed destination worldwide.
D. "UK" means England, Scotland, Wales, Northern Ireland, the Isle of
Man and the Isles of Scilly.
E. “Nigeria” means the Federal Republic of Nigeria and its current 36
states of
the Federation.
F. "Dangerous Goods" means
(i) those items specified as dangerous or hazardous or prohibited or
restricted
in the Retail Guide; and
(ii) those items defined as dangerous or hazardous by the regulatory
bodies and
by legislation regulations and guidelines
governing transport by road, rail, sea or air.
G. "Consignment" means a package sent under any of the Services.
H. " Despatch " means the time when the Customer hands a Consignment
to a representative or agent of Fando Freight Services
for delivery under Fando Freight Services services.
I. "Services" means Airfreight Services, Sea freight Services,
Storage Services, Removal Services,Door-to-Door Delivery
services, Cargo consolidation services, all other details and specific
service
features of which can be found in the Fando Freight Services Retail Guide.
J. "Working Day" means any day other than a Saturday (save for a
Saturday or Sunday on which Fando Freight Services has agreed to make a
delivery or collection), Sunday, Bank or Public Holiday, Good Friday,
Christmas
Day and any other day on which Fando Freight Services network is closed.
K. “ Demurrage / Storage charges ” Charge for storage of customer good in
our
warehouse or agent’s warehouse, which accrues after a given time, for
consignments not collected within the stated free storage time.
L. "Antique" means an object, which is over 100 years of age.
M. "Collectable" means items, which has appreciated in value either
due to its scarcity or due to it being no longer in production.
N. "Consignment Charges" means the charges payable to Fando Freight
Services by the Customer for the carriage of a Consignment, but shall
exclude
any additional charge(s) payable for enhanced compensation.
O. "Excluded Goods,” means those goods described as such, or described
under the heading "Compensation Exclusions" in the Fando Freight
Services Retail Guide.
2. Door to Door Service Delivery to an address
2.1
In a door-to-door delivery method, Fando Freight Services undertakes to
deliver to an address specified in the despatch documentation, not to a
specific person. If customer wishes for goods to be delivered to a
specific person, this should be clearly arranged and notified at the time
of preparing the despatch note.
2.2
If there is no-one present at the delivery address then:
2.2.1
the Customer acknowledges and agrees that Fando Freight Services may at
its discretion attempt to deliver the Consignment to a neighbouring
address within a reasonable distance of the delivery address; and
2.2.2
if this occurs, customers will be informed via a phone call to the
original recipients phone; and
2.2.3
the Customer agrees that such delivery shall constitute delivery to the
address specified as the delivery address in the despatch documentation.
2.3
Fando Freight Services does not undertake to intercept a Consignment in
transit before delivery has been attempted. Delivery can only be altered
after making the first delivery attempt and customer’s wishes for the
consignment delivery to be changed. This will attract an extra
administrative charge, which will be agreed with the customer before being
carried out.
2.4
Fando Freight Services shall not be liable in respect of any Consignment
delivered to the delivery address or other address specified by the
addressee, where any person misrepresents his authority to receive a
Consignment on the addressee’s or Customer’s behalf, or where Fando
Freight Services is delivering it in accordance with instructions from, or
purporting to be from the addressee.
2.5
On delivery of a Consignment, Fando Freight Services will request the
person who accepts delivery (not necessarily the addressee in person) to
sign an acknowledgement/delivery receipt, which mayinclude signature by
electronic means – if available. Delivery within some location in Nigeria
will require recipient to sign the delivery note in the compound of the
address where delivery is made and not outside the delivery house or
compound. This will be at the discretion of the delivery agent. Copies of
such receipt shall be available for a period of two months from the date
of delivery, subject to payment of the applicable charges.
2.6
Fando Freight Services does not accept Consignments addressed to P.O.Box
within the UK, Nigeria and Other selected countries within our service
areas. For deliveries to Nigeria, Fando Freight Services will in some
instances contact the recipient to collect consignment from our agent
office with a valid proof of address and identity. This acceptance of such
proof is at the discretion of FSL agent in Nigeria.
3. Maximum sizes and weights
3.1
The size of each Parcel must not exceed 3 metres length and girth
(measured around its thickest part) combined and 1.5 metres for the
greatest dimension. Girth should be calculated as twice the height of the
Parcel plus twice the width of the Parcel measured around its thickest
part.
3.2
There is no limit to the weight of a multi-Parcel Consignment but
individual Parcels must not exceed 30kg. Fando Freight Services or
its agent network reserves the right to refuse the collection of
individual items over the weight of 30 Kilo.
3.3
If any Parcel exceeds the maximum sizes or weights and Fando Freight
Services has accepted such Parcel and is able to process it through the
Fando Freight Services network, then Fando Freight Services may raise an
additional surcharge of £20 per item for customers. Customers have the
responsibility to ensure the weight of each package is not above the limit
specified above. Where this occurs, the despatch driver must be informed
at the time of despatch.
4. Restricted, prohibited and dangerous goods
4.1
The Customer shall ascertain if the contents of any Package is
dangerous,prohibited or subject to restrictions by referring in the first
instance to the Fando Freight Services Retail Guide and will comply with
all requirements specified therein.
Fando Freight Services may add or delete items from the definition of
Dangerous Goods without notice, but will endeavour to make the details of
any such additions or deletions available on its website at
4.2
The Customer SHALL NOT send Dangerous Goods or prohibited goods by any of
the Services
4.3
The Customer shall be responsible to Fando Freight Services, its sub-
contractors and its agents for all loss, damage or injury arising out of
the carriage of Dangerous Goods or prohibited goods whether declared as
such or not and restricted goods not properly packed and duly labelled to
the extent that such loss, damage or injury is caused by the dangerous
nature of those goods.
4.4
All firearms, ammunition, Prohibited drugs and substances are strictly not
allowed on any of Fando Freight Services freight, shipping, storage,
distribution and all associated services. We will report any suspicious
items to the law enforcement agencies and customers deliberately
attempting to transport, store
or distribute any controlled substance using any of our services, agents
is liable to criminal prosecution under the law.
5. Addressing and documentation
5.1
The Customer shall label each Parcel with the full postal address,
including the postcode, of both the addressee and the sender and each
Consignment must be accompanied at the time of despatch by fully completed
despatch documentation (including service indicators and barcodes) as
supplied by Fando Freight Services for the Service used.
5.2
The Customer shall ensure that each Parcel is adequately packaged and well
labelled. Customer must inform the despatch driver/team of the content of
the package, if there is more than one different item in the package,
customer should ensure an inventory of individual item contained in the
package is taken and a copy handed to the despatch driver/team.
5.3
The Customer shall retain any Customer copies of despatch documentation,
as these will be required to support any claim.
6. Service standards and delivery
6.1
The service standards for each of the Services are as advertised from time
to time by Fando Freight Services and shall apply subject to this
condition.
6.2
For the purposes of calculating service standards:
6.2.1
Only Working Days will be counted.
6.2.2
where Fando Freight Services attempts to deliver a Consignment to the
address shown on the Consignment despatch documentation and for whatever
reaso delivery cannot be achieved (including unreasonable delay in
acceptance at that address) then delivery shall be deemed to have taken
place at the time when the Consignment is first presented to that address
for elivery or when Fando Freight Services makes contact with the
recipient over the telephone.
6.2.3
Where Fando Freight Services is directed to hold a Consignment for
collection or pending further instructions then delivery shall be deemed
to have taken place at the earliest time when the Consignment is made
available for collection by the addressee, this is subject to Fando
Freight Services free storage period of 14 days before the application of
Demurrage/Non collection/Storage Charges.
In the case of collection made by Fando Freight Services or any of it's
network of agents for despatch on behalf of customers, goods can only be
held free at our storage for 3 days after which a storage charge shall
apply. A minimum charge of £5.00 per day will be applied to all goods left
uncollected from our storage. Charges will be based on the volume of
customer’s consignment. Customers are strongly advised to ensure their
consignments are collected or a final instruction on despatch is given
within the free storageperiod.
All consignment left in our storage for more than 30 days will be treated
as
being abandoned by customer and Fando Freight
Services shall treat such goods as it deemed fit. Fando Freight
Services cannot be held liable for any loss
or damage on any goods left abandoned in its storage for more than 30
days.
Customers will still have to pay all outstanding
charges due to Fando Freight Services.
6.3
Consignments will only be delivered on Working Days. Customers who require
delivery on a non working day will need to make necessary arrangements for
this and subject to acceptance and payment of necessary charges;
consignment may be delivered on a weekend as agreed by FSL. If a
Consignment is despatched after the latest acceptance time on a Working
Day in most cases 5:30pm Local Time, it will be deemed to have been
despatched on the next
Working Day.
7. Non-delivery
7.1
The Customer or the addressee may request an undelivered Consignment (only
afterdelivery has been attempted) to be returned to the Customer,
redelivered to the addressee or otherwise redirected (and in the case of
the addressees request, the Customer hereby consents to Fando Freight
Services performing such action) and subject to payment of such additional
charges notified by Fando Freight Services by the person who makes the
request.
Fando Freight Services will perform such additional service on the terms
and conditions set out in these Conditions or such other Fando Freight
Services terms which govern the additional services, if such is the case.
7.2
If an undelivered consignment is held by Fando Freight Services and is not
claimed within a reasonable time of Fando Freight Services Leaving
notification of its attempted delivery at the delivery address, Fando
Freight Services shall, where reasonably practicable, attempt to contact
the Customer. If this fails Fando Freight Services will return the
consignment to its warehouse. The consignment will be stored free of
charge for a maximum of 14 days – Saturdays and Sundays inclusive. A daily
charge as determined by FSL will be applied for daily storage after the
expiration of the 14 days and if a customer fails to make contact or
collect the consignment after a period of 30 days FSL shall be entitled to
deal with the Consignment as it reasonably sees fit.
8. Charges and Payment
8.1
The Customer shall pay to Fando Freight Services the Consignment Charges
and any charges for enhanced compensation required which are notified to
the Customer at the time of despatch for the service selected by the
Customer and by the payment method specified by Fando Freight Services.
All charges shall be paid in full by method specified by Fando Freight
Services prior to shipment. Consignment WILL NOT be shipped if customer
does not make full payment of the amount specified and agreed.
Any unshipped consignment left in our warehouse and NOT collected by
customers after request by Fando Freight Services to do so will attract a
daily storage charge of 0.20 pence per kilogram or minimum of 5 pounds per
day for uncollected consignment less than 20 kilograms. Customer will be
required to pay all charges before consignment can be released.
Fando Freight Services will endeavour to communicate with customer to
arrange collection of unshipped or uncollected consignment from its
warehouse.
Fando Freight Services reserves the right to treat all unshipped and
unclaimed consignment as being abandoned after a period of 21 days and
will treat such consignment as it deem reasonable fit.
8.2
If any Consignment has a low weight in comparison to its volume (size),
Fando Freight Services may require the Customer to pay additional charges
based on the volumetric weight in accordance with its current published
rates. Such additional charges may be requested (and shall be paid by the
Customer) on Despatch or at any time prior to the delivery of the
Consignment concerned.
8.3
Condition 8.2 will apply where the weight is 2Kg less than the volumetric
weight.
8.4
Demurrage / Storage charges ( Consignment Destination ).
Goods will be delivered within the specified service delivery time.
Customers are expected to make full payment on or before delivery of goods
as agreed prior to shipment. Customers who fail to take delivery of goods
or fail to make full payment when demanded are liable to demurrage
payment. Uncollected goods are held in our storage for 14 days (weekends
inclusive) after which a demurrage charge of 1000 Nigerian Naira per day
will be applied to customers outstanding. Goods will only be released on
receipt of full payment plus additional charges.
9. Liability for delay, loss or damage
9.0
Customers are ultimately responsible for insuring any consignment being
sent on any of our services (Air or Sea). Fando Freight Services or any of
it's agent does not provide insurance for items being shipped or air
freighted. The customer must arrange (if required) to insure all
consignment being shipped/sent.
9.1
Fando Freight Services shall not be liable to pay compensation for loss
of, or damage to a Consignment: (i) due to latent or inherent defect, vice
or natural deterioration of items; (ii) damage in the cours of transport
or handling by the shipping line or the airline.
9.2
Fando Freight Services shall not be liable to pay any refund or
compensation in respect of a Parcel containing restricted or prohibited
goods or otherwise despatched in contravention of Condition 4, or any
other relevant provision in these conditions.
9.3 Fando Freight Services shall not be liable to pay any refund or
compensation in respect of a Consignment which is damaged, lost or delayed
as a result of it being inadequately packaged,
incorrectly addressed or accompanied by incomplete posting or customs
documentation.
9.4
Fando Freight Services shall not be liable (whether for the payment of
compensation or refunds or otherwise), for failure to perform, or delay in
performance of any of its obligations under these Conditions to the extent
that such delay or failure results from circumstances outside its control,
including without limitation any adverse weather conditions, natural
disasters, traffic congestion, mechanical breakdown, obstruction of public
or private highway,customs operations, natural disasters or from any
industrial action whatsoever.
9.5
Fando Freight Services shall not be liable in respect of any Consignment
where any person has been fraudulent or dishonest in any way in respect of
that Consignment or misrepresents his authority to receive a Consignment
on the addressee’s or Customer’s behalf.
10. General
10.1
Fando Freight Services may engage agents and/or sub-contractors to perform
all or any part of the FSL Services to be provided to the Customer.
10.2
Nothing in these conditions (nor anything else), shall confer on any third
party any benefit, nor the right to enforce any of these conditions that
that person would not have had but for the Contracts (Right of Third
Parties) Act 1999.
10.3
These Conditions will be governed by and construed in accordance with the
law of England and Wales. Each party irrevocably agrees to submit to the
exclusive jurisdiction of the courts of England and Wales over any claim
or matters arising under or in connection with this agreement.
10.4
These conditions constitute the entire agreement between Fando Freight
Services and the Customer. Each party acknowledges that in entering into
these Conditions it is not relied on any representation or undertaking,
whether oral or in writing, save as expressly incorporated herein.
10.5
If any provision of these Conditions shall be found by any court or
administrative body of competent jurisdiction to be invalid or
unenforceable, such invalidity or unenforceability shall not affect the
provisions of these Conditions, which shall remain in full force and
effect.
10.6
Fando Freight Services compensation, destinations and other conditions are
subject to revision from time to time, and services may be added or
deleted. At this time, most services provided by Fando Freight Services
are exempt from VAT; should this situation change, VAT at the appropriate
rate shall be added to the prices payable by the customer.
10.7
Right to review prices. In such a case that taxes or other such charges
are levied on the transport and services specified in these terms of
delivery during the period of validity of the supplementary services
price-list or of the freight contract, or if there is a substantial
increase in the costs of transport for reasons beyond Fando Freight
Services control, the right to implement corresponding price increases is
reserved. The change may be implemented in the form of a separate
surcharge.
11. Consignmen packaging
The sender is ultimately responsible for packaging all consignment being
sent. Fando Freight Services may offer a packaging service which will be
agreed with the sender at the time of despatch. Fando Freight Services
will NOT be liable for damage resulting from poor packaging by customer.
12. Using our Website
These terms and conditions govern your use of our website and by using our
site you are agreeing to them. If you do not agree to these terms please
leave immediately. These terms and conditions will continue to apply if
you register with Fando Freight Services website. Our terms and conditions
may change from time to time, we may make changes to the contents of this
website, including to the descriptions and prices of goods and services we
offer at any time and without notice.
We may personalize the site based on the usage, activity and preferences
of the site users and may change the appearance and contents of our
website at any time and so you should check here regularly. Your continued
use of the website after any change has been made is your acceptance of
the change.
13. Exclusions and limitations
The information on this website is provided on an "as is" basis. To the
fullest extent permitted by law.
Fando Freight Services:
(a) excludes all representations and warranties relating to this website
and
its contents, including in relation to any inaccuracies or omissions in
this website; and
(b) excludes all liability for loss or damage arising out of or in
connection with your use of this website. This includes, without
limitation, direct loss, loss of business or profits (whether or not the
loss of such profits was foreseeable, arose in the normal course of things
or you have advised Fando Freight Services of the possibility of such potential loss) and indirect, consequential and incidental damages.
Fando Freight Services does not however exclude liability for death or
personal injury caused by its negligence.The above exclusions and
limitations apply only to the extent permitted by law.
None of your statutory rights as a consumer that cannot be excluded or
limited are affected.
14. Content changes and accuracy of information
Fando Freight Services may make changes to the contents of this website,
including to the descriptions and prices of goods and services advertised,
at any time and without notice. Personalization of the site based on user
activity and preferences may change the appearance and contents of this
website at any time.
Some information on this website is taken from sources external to Fando
Freight Services or is of a type that changes frequently. In particular,
you should confirm offline the accuracy and currency of information about
prices, liabilities, delivery time, packaging requirements, posting
restrictions and prohibitions and conditions of posting in countries
outside the United Kingdom before relying on it.
Fando Freight Services does not necessarily share the opinions expressed
or endorse the material appearing in external content published by it on this website.