Terms and Conditions

Assurance Cargo Nigeria Limited ("Assurance") – General Terms and Conditions

  1. Applicability

    • These general terms and conditions apply to all assignments to Assurance unless otherwise expressly agreed in writing or outlined in these general terms and conditions. All assignments shall be performed in accordance with the specific terms agreed to and these General Terms and Conditions

  1. Definitions

    • Company: Refers to Assurance Cargo Nigeria Limited, a company registered under the laws of Nigeria with registration number RC 7455904, whose registered office is at 6, Raji Street, off international airport road, Branco b/stop, Mafoluku, Oshodi, Lagos, 23401.
    • Customer: Refers to any individual or entity that engages the services of Assurance.
    • Consignment: Refers to the goods or items entrusted to Assurance for transportation.

  1. Services

    • Assurance agrees to transport the Customer’s Consignment from the origin to the destination as specified in the shipment order.
    • Assurance reserves the right to select the route and mode of transportation.

  1. Acceptance of Terms

    • By engaging the services of Assurance, the Customer agrees to be bound by these terms and conditions.
    • These terms and conditions shall apply to all services provided by Assurance unless otherwise agreed in writing.

  1. Customer Responsibilities

    • The Customer shall ensure that all information provided to Assurance is accurate and complete.
    • The Customer shall ensure that the Consignment is properly packed and labelled in accordance with Assurance’s requirements.
    • The Customer shall not include any prohibited or hazardous materials in the Consignment.

  1. Assurance’s Responsibilities

    • Assurance shall exercise reasonable care in handling and transporting the Consignment.
    • Assurance shall endeavour to deliver the Consignment within the agreed timeframe but shall not be liable for delays caused by circumstances beyond its control.

  1. Liability

    • Assurance’s liability for loss or damage to the Consignment shall be limited to the declared value of the Consignment.
    • Assurance shall not be liable for damage or loss incurred during consecutive transport if Assurance can demonstrate that it is probable that the damage did not occur during the time when Assurance, or a party for whom Assurance is responsible, held the goods in its custody.
    • Assurance shall not be liable for any indirect, incidental, or consequential damages arising from the transportation of the Consignment.
    • Assurance shall not be liable for loss or damage caused by:
      • Acts of God, natural disasters, or extreme weather conditions.
      • Acts of war, terrorism, or civil unrest.
      • Acts of the Customer, including improper packing or labelling.

  1. Claims

    • Any claims for loss or damage to the Consignment must be submitted in writing to Assurance within 7 days of delivery.
    • The Customer must provide all necessary documentation to support the claim, including the shipment order, proof of value, and evidence of loss or damage.

  1. Insurance

    • Assurance offers optional insurance coverage for the Consignment. The Customer must request and pay for insurance coverage separately.
    • If the Customer opts out of the insurance, Assurance’s liability shall be limited as specified in Section 7.

  1. Payment Terms

    • The Customer shall pay Assurance for the transportation services as per the agreed rates and payment terms.
    • In the event of non-payment, Assurance reserves the right to withhold delivery of the Consignment and may charge interest on overdue amounts.

  1. Governing Law and Jurisdiction

    • These terms and conditions shall be governed by and construed in accordance with the laws of Nigeria.
    • Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Nigeria.

  1. Goods Not Accepted

    • Consignments will not be accepted for carriage for goods consisting of living or dead animals, corpses or cremated remains, hazardous waste, cash, securities, or personal effects, and/or furniture being moved.

  1. Packaging Material

    • The goods shall be packaged in such a way as to withstand normal transport handling (including automated sorting) and stowed for the type of transport intended, and not cause damage to other goods.
    • Assurance shall not be liable for any damage resulting from the absence of, or defects in, packing material or other packaging.

  1. Transport Documents and Addressing of Goods (Parcel Labeling)

    • The Customer shall be liable for the information included in transport documents, as well as for any costs that arise as a result of incorrect and/or incomplete information.
    • Assurance shall be entitled to compensation for incorrectly issued address labels or incorrectly issued freight documents or other documents that relate to the assignment.
    • The Customer shall ensure that there are correct and complete waybills and/or transport instructions for every shipment, with the transport documents supplied or approved by it, and the address displaying the delivery address according to the national standard for transport labels.

  1. Freight Payment and Cost Allocation

    • The Customer shall be responsible for submitting written instructions regarding the freight terms to the consignor and/or consignee and Assurance.
    • For cross-border traffic, the Customer shall include in its waybill and/or transport instructions the cost allocation between the consignor (seller) and the consignee (purchaser) to ensure the correct allocation of freight and/or other costs that arise during the transport.
    • The Customer shall be liable for all costs resulting from the consignee or other party’s failure to pay, creditworthiness, errors in freight documents, incorrect address label, or for an incomplete delivery address, failure of the consignee to accept the goods, and the decision of a governmental authority regarding the goods.

  1. Obstacle to Delivery of the Goods

    • If delivery of goods transported by domestic road transport is not possible due to an obstacle, and the consignor does not provide the necessary instructions on how to handle the goods, Assurance shall be entitled to sell the goods:
    • Immediately, if the goods are liable to spoil, or rapidly deteriorate, or where warehousing would be excessively costly, or
    • After sixty (60) days, for other goods, from the date the goods were received for forwarding.
    • Wherever possible, Assurance will inform the consignor in advance of the sale of the goods.
    • After deduction of Assurance’s costs resulting from the transport assignment, and other costs for warehousing and sale of the goods, the amount shall be placed at the consignor’s disposal without delay, providing the consignor’s address is known to Assurance.
    • If the consignor’s address is unknown, and no claim is made for the proceeds within one (1) year of the date of the sale, Assurance shall be entitled to keep the proceeds.

  1. Liability as Intermediary

    • When acting as an intermediary between a customer and an airline, Assurance will not be liable.

  1. Liability of the Customer in Transport and Warehousing

    • The Customer has a duty not to hold Assurance liable for damage or loss incurred by it owing to the fact that:
      • Information concerning the goods is incorrect, unclear, or incomplete.
      • The goods are incorrectly packaged, marked, or declared, or incorrectly loaded or stowed by the Customer.
      • The goods have such harmful properties as could not have been reasonably foreseen by Assurance.
      • Due to errors or omissions by the Customer, Assurance is obliged to pay duty or official taxes or to provide security.
      • The Customer, or the party it is responsible for, has caused damage to Assurance through negligence, error, or omission.

  1. Amendments

    • Assurance reserves the right to amend these terms and conditions at any time. Any amendments shall be effective upon posting on Assurance’s website or notifying the Customer in writing.

  2. Severability

    • If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

  3. Entire Agreement

    • These terms and conditions constitute the entire agreement between Assurance and the Customer and supersede all prior agreements or understandings, whether written or oral