CARGONAIJA

TERMS & CONDITIONS OF CARRIAGE AND SERVICES

(Sure Man Ventures Ltd t/a Cargonaija & NG Cargonaija Limited and affiliated partners)

Effective Date: 20th November 2018

1. DEFINITIONS

“Company” means Sure Man Ventures Ltd (UK), NG Cargonaija Limited (Nigeria), and all affiliated partners trading as Cargonaija.

“Customer” means the sender, consignor, owner, or person instructing shipment.

“Shipment” means any parcel, cargo, vehicle, container, or goods entrusted to the Company.

“Booking Form” means the Company’s official shipment documentation completed at the time of transaction.

“Additional Cover” means optional enhanced compensation protection purchased at the stated premium.

2. CONTRACT FORMATION

2.1 A legally binding contract is formed only when:

• The Booking Form is properly completed; and

• Payment for shipping (and Additional Cover where selected) is received; and

• The Company accepts the shipment for carriage.

2.2 The Booking Form constitutes:

• The sole record of declared value

• The sole record of Additional Cover selection

• Proof of transaction

• The complete contractual basis of liability

2.3 No verbal communication, WhatsApp message, phone call, email, or staff discussion shall override the Booking Form unless formally amended in writing by authorised Company management before dispatch.

2.4 Failure to complete the Booking Form, or expressly declining to complete it, results in the shipment being carried strictly under Standard Liability Terms.

2.5 In any dispute, the Company’s digital records, system logs, and payment records shall constitute prima facie evidence of the contractual position.

3. ADDITIONAL COVER (STRICT ACTIVATION RULE)

3.1 Additional Cover is optional and is not automatic.

3.2 Premium Rates:

• Air Cargo: 5% of declared value

• Sea Shipping: 10% of declared value

3.3 Maximum Coverage Limit:
Additional Cover is available only for shipments valued up to:

USD $6,000 OR GBP £6,000 (whichever applies).

Shipments exceeding this value must be privately insured by the Customer.

The Company shall not provide cover above this threshold under any circumstances.

3.4 Activation Conditions (ALL must occur):

a) Declared value recorded on Booking Form
b) “YES” selected for Additional Cover
c) Full premium payment received
d) Payment confirmed prior to dispatch

Failure of ANY condition means:

No Additional Cover exists.

3.5 Selecting “YES” without payment automatically converts to “NO Additional Cover”.

3.6 No estoppel, waiver, or reliance argument shall apply where premium was unpaid.

3.7 Additional Cover is a contractual compensation arrangement and not an insurance policy regulated by financial services authorities.

4. NO RETROSPECTIVE DECLARATIONS

4.1 Declaring value after loss, damage, or non-delivery is void and unenforceable.

4.2 Receipts produced after a loss which were not declared at contract formation shall not increase liability.

4.3 Post-loss item breakdowns are non-binding.

4.4 The Customer bears the burden of proving declared value existed at contract formation.

5. STANDARD LIABILITY (WHERE NO ADDITIONAL COVER EXISTS)

5.1 Where Additional Cover was not activated, Company liability is strictly limited to refund of the shipping fee paid.

5.2 The Company shall not be liable for:

• Consequential loss

• Event disruption

• Emotional distress

• Loss of profit

• Indirect damages

• Loss of use

5.3 Liability shall not exceed the shipping fee under any circumstance.

6. THIRD-PARTY CARRIERS

6.1 The Company may act as principal carrier and/or intermediary for third-party carriers.

6.2 Loss occurring while in custody of third-party carriers does not increase Company liability beyond contractual limits.

6.3 Customer agrees not to hold Company liable beyond limits stated herein even where third-party fault is alleged.

7. CUSTOMER RESPONSIBILITIES

7.1 Customers are solely responsible for:

• Accuracy of declared value

• Legality of contents

• Compliance with customs regulations

• Ensuring items are permitted in destination country

• Proper packaging

7.2 The Company shall not be liable for:

• Customs seizure

• Government confiscation

• Regulatory fines

• Import restrictions

• Delays caused by authorities

7.3 It is entirely the Customer’s responsibility to verify import laws of the destination country.

8. WAREHOUSE DELIVERY & ADDRESS FORMAT

8.1 Customers sending goods to Company warehouses must:

• Notify the Company before dispatch

• Use the exact address format prescribed by the Company

• Include booking reference clearly

8.2 The Company shall not be liable for:

• Items delivered without correct address format

• Items delivered without booking reference

• Items not logged into system

• Items not received

Risk remains with sender until officially recorded by Company.

9. PAYMENT POLICY

9.1 Customers must make payment only into official Company bank accounts.

9.2 The Company shall not be responsible for payments made to:

• Personal accounts

• Staff accounts

• Unauthorised third-party accounts

9.3 Drivers are not authorised to collect cash.

9.4 Incorrect payments remain Customer responsibility.

10. STORAGE & ABANDONMENT

10.1 Storage fees apply after 7 days.

10.2 Goods uncollected for 3 months may be disposed of or auctioned to recover costs.

11. CLAIM PROCEDURE

11.1 Claims must be submitted in writing within 7 days of delivery or expected delivery date.

11.2 Claims must include:

• Booking reference

• Proof of pre-shipment purchase

• Evidence of damage or non-delivery

11.3 Claims are processed within 28 days of complete documentation.

11.4 Legal action must be commenced within 6 months of shipment date.

12. PROHIBITED ITEMS

Prohibited items include but are not limited to:

• Firearms

• Ammunition

• Illegal drugs

• Counterfeit goods

• Hazardous materials

• Precious stones

• Cash

Discovery may result in:

• Service termination

• Reporting to authorities

• Confiscation

13. VEHICLE SHIPMENTS

The Company is not liable for:

• Personal effects left inside vehicles

• Mechanical condition of vehicles

Vehicles must be privately insured by Customer.

14. ANTI-MONEY LAUNDERING COMPLIANCE

The Company complies with:

• UK Proceeds of Crime Act 2002

• UK Money Laundering Regulations 2017

• USA Bank Secrecy Act

• Canadian Proceeds of Crime (Money Laundering) Act

• Nigerian Money Laundering (Prevention and Prohibition) Act 2022

• Chinese Anti-Money Laundering Law

• South Africa Financial Intelligence Centre Act (FICA) 2001

• All applicable global Anti-Money Laundering and Counter-Terrorist Financing laws

The Company reserves the right to:

• Request identification

• Suspend shipments

• Freeze funds

• Refuse service

• Report suspicious transactions

Such actions shall not constitute breach of contract.

15. FORCE MAJEURE

The Company shall not be liable for:

• War

• Pandemic

• Natural disaster

• Port congestion

• Regulatory change

• Industrial action

• Government intervention

16. LIMITATION OF ACTION

Any claim must be brought within 6 months of shipment date, failing which it is permanently barred.

17. GOVERNING LAW & JURISDICTION

These Terms are governed by the laws of England and Wales.

The Company reserves the right to elect jurisdiction in:

• United Kingdom

• Nigeria

• United States

• Canada

• South Africa

Customer submits to exclusive jurisdiction as determined by the Company.

18. SMALL CLAIMS DEFENCE ACKNOWLEDGMENT

Customer acknowledges:

• Pricing reflects limited liability structure

• They had opportunity to obtain private insurance

• They voluntarily declined Additional Cover where unpaid

• Limitation clauses are reasonable

19. SEVERABILITY

If any clause is unenforceable, remaining clauses remain valid.

20. ACCEPTANCE

By completing a Booking Form, making payment, or using Company services, Customer confirms acceptance of these Terms.