Terms and Conditions

1.     Definitions In these Conditions the following expressions shall have the following meanings:

“Holaks Cargo” is the trading name for Holaks Cargo services, and its appointed sub-contractors and agents.

“Customer” means the sender of a single Consignment making payment in advance to Holaks Cargo or via an approved payment method.

“Consignment” means any one or more Parcel(s) sent at one time by the Customer to one address in Nigeria, or from Nigeria to the United Kingdom, or to any agreed destination worldwide.

“UK” means nations of the United Kingdom which includes England, Scotland, Wales, Northern Ireland, the Isle of Man, and the Isles of Scilly.

“Nigeria” means the Federal Republic of Nigeria and its current 36 states of the Federation.

“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.

“Despatch” means the time when the Customer hands a Consignment to a representative or agent of Holaks Cargo for delivery under Holaks Cargo.

“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 Holaks Cargo menu tab.

“Working Day” means any day other than a Saturday, Sunday, Bank or Public Holiday, Good Friday, Christmas Day

“Demurrage / Storage charges” Charge for storage of customer goods in our warehouse or agent’s warehouse, which accrues after a given time, for consignments not collected within the stated free storage time.

“Antique” means an object, which is over 100 years of age.

“Collectable” means items, which have appreciated in value either due to their scarcity or due to it being no longer in production.

“Consignment Charges” means the charges payable to Holaks Cargo by the Customer for the carriage of a Consignment but shall exclude any additional charge(s) payable for enhanced compensation.

“Excluded Goods” means those goods described as such or described under the heading “Compensation Exclusions” in the Holaks Cargo Retail Guide.

2.0

Door to Door Service Delivery to an address

2.1

In a door-to-door delivery method, Holaks Cargo undertakes to deliver to an address specified in the despatch documentation, not to a specific person. If the 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 Holaks Cargo 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 recipient’s 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

Holaks Cargo 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 the customer’s wishes for the consignment delivery to be changed. This will attract an extra administrative charge, which will be agreed upon with the customer before being carried out.

2.4

Holaks Cargo 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 address’s or Customer’s behalf, or where Holaks Cargo is delivering it in accordance with instructions from, or purporting to be from the addressee.

2.5

On delivery of a Consignment, Holaks Cargo will request the person who accepts delivery (not necessarily the addressee in person) to sign an acknowledgment/delivery receipt, which may include a signature by electronic means – if available. Delivery within some locations in Nigeria will require the 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

Holaks Cargo do not accept Consignments addressed to P.O. Box within the UK, Nigeria, and Other selected countries within our service areas. For deliveries to Nigeria, Holaks Cargo will in some instances contact the recipient to collect the consignment from our agent office with a valid proof of address and identity. This acceptance of such proof is at the discretion of our agent in Nigeria.

3.0

Maximum sizes and weights

3.1

There is no limit to the weight of a multi-Parcel Consignment, but individual Parcels must not exceed 30kg for pick up by Holaks Cargo or its agent network and reserves the right to refuse the collection of individual items over the weight of 30 Kg.

3.2

If any Parcel exceeds the maximum sizes or weights Holaks Cargo has accepted such Parcel and is able to process it through the Services network, then Holaks Cargo 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.

4.0

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 Holaks Cargo Retail Guide and will comply with all requirements specified therein.

Holaks Cargo 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 www.holakscargo.com

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 Holaks Cargo, 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 Holaks Cargo 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 are liable to criminal prosecution under the law.

5.0

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 Holaks Cargo for the Service used.

5.2

The Customer shall ensure that each Parcel is adequately packaged and well labelled. The customer must inform the despatch driver/team of the content of the package, if there is more than one different item in the package, the customer should ensure an inventory of individual items contained in the package is taken and a copy handed to the despatch driver/team. The customer is responsible for making a full inventory of packages and for providing the full and correct delivery and invoice address for all shipments being handed to the collecting driver/team.

5.3

The Customer shall retain any Customer copies of dispatch documentation, as these will be required to support any claim.

6.0

Service standards and delivery

6.1

The service standards for each of the Services are as advertised from time to time by Holaks Cargo 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 Holaks Cargo attempts to deliver a Consignment to the address shown on the Consignment despatch documentation and for whatever reason 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 delivery or when Holaks Cargo contacts the recipient over the telephone.

6.2.3

Where Holaks Cargo 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 Holaks Cargo free storage period of 2 days before the application of Demurrage/Non-collection/Storage Charges. In the case of the collection made by Holaks Cargo or any of its network of agents for dispatch 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 £20.00 in Nigeria per day per parcel will be applied to all goods left uncollected from our storage.

Charges will be based on the volume of the customer’s consignment and the security charges imposed on such stored goods. Customers are strongly advised to ensure their consignments are collected or a final instruction on dispatch is given within the free storage period.

All consignment left in our store or our third-party storage providers for more than 30 days will be treated as being abandoned by the customer and Holaks Cargo shall treat such goods as it is deemed fit. Holaks Cargo cannot be held liable for any loss or damage of any goods left abandoned in its storage for more than 7 days.

All outstanding charges due to Holaks Cargo and its third-party storage providers shall be paid in full by the customer. This is applicable to goods left in our London/Lagos warehouse or any of our third-party storage providers or shipment that has not been fully paid for by customers on demand.

Holaks Cargo shall take all reasonable and legal means necessary to recover any associated cost for its services and all third-party services provided.

6.3

Consignments will only be delivered on Working Days. Customers requiring 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 Holaks Cargo. If a Consignment is despatched after the latest acceptance time on a Working Day in most cases 6 pm Local Time, it will be deemed to have been despatched on the next working day.

7.0

Non-delivery

7.1

The Customer or the addressee may request an undelivered Consignment (only after delivery has been attempted) to be returned to the Customer, redelivered to the addressee, or otherwise redirected (and in the case of the addressee’s request, the Customer hereby consents to Holaks Cargo performing such action) and subject to payment of such additional charges notified by Holaks Cargo by the person who makes the request.

Holaks Cargo will perform such additional service on the terms and conditions set out in these Conditions or such other Holaks Cargo terms which govern the additional services if such is the case.

7.2

If an undelivered consignment is held by Holaks Cargo and is not claimed within a reasonable time of Holaks Cargo Leaving notification of its attempted delivery at the delivery address, Holaks Cargo shall, where reasonably practicable, attempt to contact the Customer. If this fails

Holaks Cargo will return the consignment to its warehouse. The consignment will be stored free of charge for a maximum of 21 days – Saturdays and Sundays inclusive. A daily charge of N2,000 in the case of Nigeria and £10 in the case of the United Kingdom will be applied for daily storage after the expiration of the 21 days and if a customer fails to make contact or collect the consignment after a period of 30 days Holaks Cargo shall be entitled to deal with the Consignment as it reasonably sees fit.

8.0

Charges and Payment

8.1

The Customer shall pay to Holaks Cargo 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 Holaks Cargo.

All charges shall be paid in full by the method specified by Holaks Cargo prior to shipment. Consignment WILL NOT be shipped if the 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 a request by Holaks Cargo to do so will attract a daily storage charge of 0.50 pence per kilogram or a minimum of 5 pounds per day for uncollected consignment less than 20 kilograms.

The customer will be required to pay all charges before the consignment can be released.

Holaks Cargo will endeavour to communicate with customers to arrange collection of unshipped or uncollected consignment from its warehouse.

Holaks Cargo 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 deems a reasonable fit.

8.2

If any Consignment has a low weight in comparison to its volumetric size (L x W x H in cm/ 6000), Holaks Cargo 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 at 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 21 days (weekends inclusive) after which a demurrage charge of N5,000 Nigerian Naira per day will be applied to customers outstanding. Goods will only be released on receipt of the full payment plus additional charges.

9.0

Liability for the delay, loss, or damage

9.0.1

Customers are ultimately responsible for ensuring any consignment being sent on any of our services (Air or Sea). Holaks Cargo or any of its agents does not provide insurance for items being shipped or air freighted. The customer must arrange (if required) to ensure all consignment is being shipped/sent.

9.1

Holaks Cargo shall not be liable to pay compensation for loss of, or damage to a Consignment: (i) due to a latent or inherent defect, vice or natural deterioration of items; (ii) damage in the course of transport or handling by the shipping line or the airline.

9.2

Holaks Cargo 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

Holaks Cargo shall not be liable to pay any refund or compensation in respect of a Consignment that is damaged, lost, or delayed as a result of it being inadequately packaged, incorrectly addressed, or accompanied by incomplete posting or customs documentation by the customer.

9.4

Holaks Cargo 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 on any adverse weather conditions, natural disasters, traffic congestion, mechanical breakdown, obstruction of the public or private highway, all forms of customs, NAFDAC and all security organisations examinations operations, natural disasters or from any industrial action whatsoever.

9.5

Holaks Cargo 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.

10.0

General

10.1

Holaks Cargo may engage agents and/or sub-contractors to perform all or any part of the Holaks Cargo 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 (Rights 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 Holaks Cargo and the Customer. Each party acknowledges that in entering into these Conditions it does not rely 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

Holaks Cargo compensation 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 Holaks Cargo 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 pricelist or of the freight contract, or if there is a substantial increase in the costs of transport for reasons beyond Holaks Cargo control, the right to implement corresponding price increases is reserved. The change may be implemented in the form of a separate surcharge.

10.8

Holaks Cargo  would normally advise customers of the nature of their goods to be carried on our service network and the potential associated risk of all forms ranging from seizure to more cost involved as the case may be in the case of “contraband or import prohibited goods” as listed/contained on the website of the Nigerian customs https://customs.gov.ng/?page_id=3075

10.9

Holaks Cargo reserves the right to pass as a whole any further cost involved despite the initial agreed cost to the customer if such arises before the release/delivery of such consignment.

10.10

Holaks Cargo is not liable/responsible in whatsoever manner in the damage, loss, or seizure of consignment by any security clearance agency body on the ground that the consignment is on the import prohibition list as listed/contained on the Nigerian customs website given above.

11

Consignment packaging

11.1

The sender is ultimately responsible for packaging all consignment being Sent through Holaks Cargo may offer a packaging service which will be agreed with the sender at the time of despatch. Holaks Cargo will NOT be liable for damage resulting from poor packaging by customers.

12

Using our website

12.1

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 transact any form of transaction through this medium and register with the Holaks Cargo 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.

13.0

Exclusions and limitations

The information on this website is provided on an “as is” basis. To the fullest extent permitted by law.

Holaks Cargo:

(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 Holaks Cargo of the possibility of such potential loss) and indirect, consequential and incidental damages.

Holaks Cargo 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.