The Kxpress Logistics Contract with YOU: These terms and conditions are all the terms of the contract between “YOU” (the sender of the shipment) and “US” (Kxpress Logistics). This supersedes all prior statements, understandings, whether oral or written in relation to shipment rates and conditions of Kxpress Logistics between the parties, any affiliates or subcontractors thereof. When you tender a shipment to us, you accept our terms for you, and for anyone else who has a legal interest in the shipment. Our terms and conditions also protect anyone with whom we may contract for the collection, transportation, or delivery of your shipment. No employee of Kxpress Logistics, or anyone else has any authority to change any of our terms or conditions, or make any promises on our behalf. DEFINITIONS “WAY BILL” means any shipping document, manifest, label, stamp, electronic entry or similar item used to tender shipments to Kxpress Logistics for transportation. Originals must be used (photocopies are not accepted). “BUSINESS DAY” means Monday through Saturday except for Sundays and the Public holidays declared by the Federal Republic of Nigeria. “Kxpress Logistics,” “Our,” “Us” and “We” refer to Kxpress Logistics and its officers, employees and agents. “CHARGEABLE WEIGHT” means the greater of actual or dimensional weight. For all rating purposes, “length” is the longest side of any package or object. Any fraction of a kilogram is rounded up to the next-higher kilogram. “COMMERCIAL DELIVERY” means any delivery that is not a residential delivery. “CUSTOMER,”MERCHANT” “SENDER” OR “SHIPPER” means the person whose name is listed on the Waybill as the sender. “SHIPPING FEES/CHARGES” means the charge paid for any goods /items transported in bulk via our various means of transportation. For this instance any fraction of a kilogram (kg) is rounded up to the next-higher kilogram. “PAY BEFORE SHIPMENT” means: shipping fees/charge must be made before a shipment can be delivered. “OVERCHARGE” refers to a charge based on an inaccurate rate; an inaccurate special handling fee; billing a service other than the service selected for the package; billing based on wrong package or shipment weight; or any other billing, unrelated to a service failure, that results in an incorrect charge. “PACKAGE” is any single parcel or piece with a chargeable weight of 1 kg or less “or” 1kg or more. Any fraction of a kilogram is rounded up to the next-higher kilogram. “PROOF OF DELIVERY” refers to an electronically captured delivery information, which may include date, time, location and signature information. “RECIPIENT” or “BUYER” refers to the person whose name is printed on the Waybill as the recipient. “REROUTE” is the process of making a delivery to an address different from that stated on the Waybill, and includes a change: (1) from one street address to another in the same city and state; (2) from directions of a request delivery , to Hold at a Kxpress Logistics Location or Kxpress Logistics Location to a request for delivery to another location for the Recipient to come pick up; (3) from the delivery instructions on the Waybill to a request to Hold at Kxpress Logistics Location to enable the recipient pick up. “RESIDENTIAL DELIVERY” is a delivery made to a house or private residence, including locations where a business is operated from the house, and/or a delivery in which the shipper has designated the delivery address as residential. “RETURN OPTION LABELS” refers to “Kxpress Logistics Print Return Label” (FOR MERCHANTS), “Kxpress Logistics Stamp”(SHIPPERS OR CUSTOMERS) . “SHIPMENT” means one or more pieces, either packages or freight, moving on a single Waybill. “STANDARD LIST RATES” are the rates provided by Kxpress Logistics for the Senders/Shippers/Merchants. “YOU” or “YOUR” means the shipper/sender/merchant, recipient and their agents, servants, employees, and any other person or entity having or claiming an interest in a shipment. “FAILED DELIVERY” means the receiver or recipient is not available to take delivery of the shipment or pick up the shipment PAYMENTS Payments shall be made in accordance with the agreed payment plan between the client and Kxpress Logistics as contained in the payment policy. PACKAGING When a Merchant/Shipper drops off a shipment, it must be appropriately packaged( i.e. Bubble wrapped, padded, adequately sealed), in the event that it is not, the merchant/sender must pay for the materials suitable to package that particular shipment, Please note this is in addition to the shipping fees. (i.e. Packaging Fees and Shipping Fees). SHIPPING RATES/QUOTATIONS All rates will be provided by us upon the tendering and measuring of the item a shipper intends to ship through us. We are not liable for any quotes made prior to the tendering and weighing of the package intended for shipment. MERCHANT/SENDER/CUSTOMER OBLIGATIONS: You warrant that each article in the shipment is properly described on the Waybill (Shipping Label) and any accompanying documents, acceptable for transport by us, and properly marked, addressed, and packed to ensure safe transportation with ordinary care in handling. You are responsible for all charges, including postage, and possible surcharges, customs and duties assessments including fees related to our prepayment of the same, governmental penalties and fines, taxes, and our attorney fees and legal costs, related to this shipment. PICK-UP/DROP-OFF AGENTS Kxpress Logistics offers “Pick-Up/Drop-off Points” in selected areas. The list of accredited Pick-up/Drop-off Agents shall be made available upon request. (Please note that these agents are independent contractors,they are not employees or agents of Kxpress Logistics and we are not responsible for their acts or omissions. PLEASE NOTE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY OMISSIONS OR ERRORS MADE BY THEM. PERMISSIBLE SHIPMENTS: We accept as shipments all packages, including documents and all items legally permitted to be transported in Nigeria. We reserve the exclusive right to open all shipments and inspect same without notice. AMENDMENTS Kxpress Logistics reserves the exclusive right to amend, substitute or change without notice including but not limited to the shipping rates, insurance rates, features of service, services, and these terms and conditions without notice. Such changes can only be made by an employee working in the Legal Department of Kxpress Logistics. PROHIBITED CONTENTS We do not accept as a shipment anything or item that is considered a restricted article or hazardous material as defined by the Laws of the Federation of Nigeria, or dangerous goods as defined by the International Air Transport Association (IATA) or the International Civil Aviation Organization (ICAO), or certain other items listed by (NIPOST), or Federal Airport Authorities of Nigeria (FAAN) such as cash or cash equivalents. We also reserve the right to reject any items with awful/sickening odors, wet or leaking package. The Shipper irrevocably agrees to indemnify Kxpress Logistics for all costs whatsoever which Kxpress Logistics might in the event if a Merchant, Shipper or Customer fails to comply with the Terms and Conditions specified herein. THE LIST BELOW IS A LIST OF ITEMS PROHIBITED FOR SHIPMENT: Live Animals, Animal carcasses, Human corpses, body parts for rituals, cremated or disinterred humans Cash and Currency Money minting plates Shipments which require we apply and obtain a license before we can ship same. Explosives, grenades, nuclear bombs Hazardous waste including but not limited to medical waste etc. Wet or leaking packages Hard Drugs/Narcotics Waste or garbage disposal. Engine Oil A Shipper who goes ahead to ship such material prohibited by law and us shall be liable to pay for any and all costs, fees and expenses incurred as a result of the shippers violation of any statutes/laws or regulations or from tendering such forbidden packages for shipment. DECLARED VALUE i. Please note that the declared or publicized value for any package sent through us depicts our apex liability in relation to the shipment of that package, including but not limited to, any damage, delay, late delivery, non-delivery, in-accurate information, loss relating to the shipment. ii. Unless a sender declares a higher value and pays for same, our liability is limited to N15,000 (Fifteen Thousand Naira only). Upon declaration of a higher value (i.e above N15,000.00) an extra fee of N2000.00 (Two Thousand Naira Only) will be charged. In the event the package is more than N100, 000, 2% (TWO PERCENT) of the value of the package will be charged. (PLEASE NOTE THAT Kxpress Logistics WILL NOT INSURE/SHIP ANY PACKAGE WORTH MORE THAN 2,000,000.00(Two Million Naira Only) on behalf of a customer. iii. Any attempt to declare a value higher than the permitted maximum is null and void. iv. The shipper must fill out all waybills accurately, any wrong information provided shall be to the sender’s detriment. RECIPIENTS/RECIPIENTS REPRESENTATIVE’S SIGNATURE. Upon the delivery of the package to the specified address provided on the waybill, or in the event a package is picked up from a designated location provided by us the recipient if in person or his/her representative who is at least 21 years old must sign and show valid identification particulars (if it’s a pick up as opposed to a delivery at the specified address). If Item is received by a Recipients representative he must fill out a form with his basic information. (e.g. Name, Age, Gender, Valid Phone number). PROOF OF DELIVERY Upon request by the sender the signature and information obtained from the recipient/ recipient representative when the shipper’s package was delivered shall be made available where necessary .This must be done within 1 year of delivery. We have no liability in the event we are unable to make same available after one year from the date of delivery. PERISHABLES The shipment of perishables is prohibited, unless shipped in accordance with the Perishables section of these terms and conditions. All Perishables must be accurately labelled and adequately packaged to survive various means of transit. Your neglect to use the appropriate packaging releases us from any liability which may occur during transit. COMPLIANCE You are responsible for and warrant your compliance with all applicable laws, rules, and regulations, including but not limited to Customs laws; import, export, and re-export laws; and governmental regulations of any state of Nigeria, from, through, or over which your shipment may be carried. You agree to furnish such information and complete and attach to this Waybill (Shipping Label) such documents as are necessary to comply with such laws, rules, and regulations. We assume no liability to you or any other person for any losses or expenses due to your failure to comply with this provision. LETTER OF INSTRUCTION: In the event you do not complete all the documents required for carriage or if the information you submit is not appropriate for the services or destination requested, you hereby instruct us, where permitted by law, to complete, correct, or replace the documents for you. However, we are not obligated to do so. If a substitute form of waybill is needed to complete delivery of your shipment and we complete that document, the terms of this Waybill (Shipping Label) will continue to govern. We are not liable to you or any other person for our actions on your behalf under this provision. RETURNS RETURNS TO MERCHANT A. Attempts: Kxpress Logistics will attempt delivery to the customer 3 times. B. Returns to Merchant: Upon the event that the Customer does not accept or fails to make himself available for delivery due to various reasons beyond Kxpress Logistics control, the merchant will get the shipment at the Kxpress Logistics CENTRE. C. Re-Shipment: a merchant who intends to reship the same package to a customer must pay fresh shipping charges. RETURNS TO SHIPPER OR CUSTOMER All return options herein are subject to all other terms as provided in these Terms and Conditions. A party who initiates a return shipment transaction shall be automatically liable to pay for same and he must pay all charges including any special handling fees. LOSS OR DAMAGE CLAIMS: If the shipment is lost or damaged, you may file a claim. All claims must be initiated within 20 days of the shipping date by contacting a Customer Service Representative; this Representative will provide more details on how to file a claim. The original receipt of this Waybill (Shipping Label) may be required when filing a claim. If the recipient accepts the shipment without noting any damage on the delivery record, we will assume the shipment was delivered in good condition. In order for us to consider a claim for damage, the contents, original shipping cartons, and packing must be available to us for inspection. Written documentation supporting the amount of a claim may also be required. All supporting documentation must be submitted within 3 weeks of the shipping date. EXTRA LARGE PACKAGES Kxpress Logistics reserves the right to reject any package termed extra-large by us (i.e. Packages weighing over 70kg) Kxpress Logistics IS NOT LIABLE FOR: DELAYED SHIPMENTS: We will make our best effort to deliver your shipment according to our regular delivery schedules. Except as provided in Paragraph 16 and 17 below, Kxpress Logistics, and/or their agents are not liable for any losses or damages caused by delays, even if they are our fault, in picking up, transporting (including delays caused by diversions), or delivering a shipment. CIRCUMSTANCES BEYOND OUR CONTROL We are not liable if a shipment is lost, wrongly delivered, damaged, or delayed because of circumstances beyond our control. These circumstances include: terrorist activity; strikes; labor actions; an "act of God," for example an earthquake, cyclone, storm, or flood; "force majeure," for example war, plane crash, or embargo; import/export clearance delays; any defect or characteristic to do with the nature of the shipment, even if known to us when we accepted it; or any action or omission by anyone outside Konga DELIVERIES, or their agents, for example the sender of the shipment, the recipient, or an interested third party, Customs or government officials, or other carriers or third parties with whom we contract to deliver to destinations that we do not serve directly. We are not liable even if you, the sender, did not ask for or know about a third-party delivery. We are also not liable for electrical or magnetic damage to, or erasure of, electronic or photographic images or recordings. CONSEQUENTIAL DAMAGES: We are not liable for the following, whether they arise in contract or any other form of civil action, including negligence, and even if they are our fault: consequential or special damages or loss; other indirect loss; or breach of other contracts. Consequential damage or loss includes but is not limited to loss of income, profit, interest, markets, and use of contents. EXTENT OF OUR LIABILITY: We make no warranties, express or implied. Unless additional insurance is purchased, our liability for a lost or damaged shipment is limited to the lowest of Naira N15,000.00 or amount of the loss or damage, or the actual value of the allowable contents. Actual value means the lowest of the cost of replacing, reconstructing, or reconstituting the allowable contents of the shipment (determined at the time and place of acceptance). These terms and conditions, limit and/or exclude our liability for loss, damage, or delay. You agree that there are no agreed stopping places, and we reserve the right to route the shipment in any way we deem appropriate. FALSE STATEMENTS AND RIGHT TO INSPECT: The submission of a false, fictitious, or fraudulent statement may result in imprisonment, depending on the nature of the violation. In addition, a civil penalty or fine may be imposed and this will be twice as much as the amount falsely claimed may be imposed. Your Packages/ shipment may, at our option or at the request of governmental authorities, be opened and inspected by us or such authorities at any time. MANDATORY LAW: Insofar as any provision contained or referred to in this Waybill (Shipping Label) may be contrary to any applicable international treaties, laws, governmental regulations, orders, or requirements, such provision shall remain in effect as part of our agreement to the extent that it is not overridden. The invalidity or unenforceability of any provision shall not affect any other provision contained or referred to in this Waybill (Shipping Label). Unless otherwise indicated, the sender's address indicated on the face of this Waybill (Shipping Label) is the place of execution and the place of departure, and the recipient's address listed on the face of this Waybill (Shipping Label) is the place of destination. PRIVACY ACT STATEMENT: All information provided by you will be used to fulfill the product or service you requested. Providing this information is voluntary, in the event not provided, we may not process your transaction. We will not disclose your information to third parties without your consent, except to facilitate the transaction, to act on your behalf or request, or as legally required by law. This includes the following limited circumstances: to the police on your behalf; to financial entities regarding financial transaction issues; to a Kxpress Logistics auditor; to entities, including law enforcement, as required by law or in legal proceedings; to contractors and other entities aiding us to fulfill the service (service providers); to domestic and international customs pursuant to federal law and agreements, the Nigerian Census Bureau, and other governmental entities with authority over Delivery Services, importation and exportation. LIMITATIONS ON LEGAL ACTIONS A. All and any right you might have to damages, refunds, recovery of reliance interests, disgorgement, restitution, injunctive relief, declaratory relief or any other legal or equitable relief whatsoever against us under any cause of action arising from the transportation of any package pursuant to the Terms and Conditions shall be extinguished unless you file an action within 1 month from the date of delivery of the shipment. B. All and any right that you might have to damages, refunds, restitution, injunctive relief, declaratory relief or any other legal or equitable relief whatsoever against us under any cause of action arising from the transportation of any package pursuant to our Terms and Condition shall be forfeited unless you first comply with all applicable notice periods and requirements in these terms and conditions. You and we understand that timely and complete compliance with such notice periods and requirements is a contractual condition precedent to your right to any relief whatsoever, and you must prove compliance with those conditions precedent on the face of any complaint that you file against us. You and we agree that Kxpress Logistics cannot be considered to have breached any obligation to you unless or until we wrongfully deny a claim submitted to us pursuant to the notice periods and requirements contained in these terms and conditions. Last but not the least, you and we agree that you will comply with applicable notice periods and requirements even if you believe that such compliance will not result in relief from us or if you lack knowledge regarding whether such compliance will result in relief from us. You agree that you will not sue us as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against us. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff. To the extent that any court finds that state rather than federal law applies to any provision of this contract, the controlling law is the substantive law of the state in which you tendered your shipment to us. The shipping of any packages does not make us an agent of the shipper or any third parties for any purposes. UNDELIVERABLE SHIPMENTS In the event a shipment is flagged “UNDELIVERABLE” shipment is one which cannot be delivered for numerous reasons herein listed and others not listed: • Non-payment for return shipment. • Recipient of a Hold at a Kxpress Logistics shipment cannot be located. • Recipient refuses to accept the shipment. • A Recipient’s delivery address cannot be located or is in-accurate. • Shipment was addressed to an area not served by Kxpress Logistics. • Damage to content or packaging of shipment to the point that rewrapping/repackaging is not possible. • The shipment would likely cause damage or delay to other shipments or property or injury to personnel. • Shipment contains prohibited items. • Recipient’s place of business is closed when delivery was attempted. • No appropriate person was available to accept the shipment at a delivery location on the initial delivery attempt or reattempts. • The shipment was improperly packaged. When practicable, we will contact the sender for instructions on returning or otherwise disposing of the shipment. If the sender requests return, (shipping will be charged to the sender). A. If a package shipment is undeliverable for any reason, we will attempt to notify the shipper to arrange for the shipment’s return. If a package is marked “Bill Recipient” and is refused or returned to the sender, the billing is automatically changed to “Bill Sender.” B. Package shipments will be returned via Kxpress Logistics Return Service at the shipper’s expense unless contrary instructions are received from the shipper/Merchant after five business days from the initial delivery attempt. However, non-freight package shipments will be returned at no additional charge if the shipment is undeliverable because of a service failure or damage to the shipment caused by Kxpress Logistics. If the shipment is undeliverable for any other reason, all return charges and fees will be assessed to the original shipper. C. Dangerous goods shipments will only be returned via Kxpress Logistics Dangerous Goods Service or other appropriate means. A dangerous goods special handling fee applies. The shipper must supply a completed return waybill and all other required documentation. D. If a shipment cannot be delivered or returned or if the shipper or recipient cannot be contacted, the shipment may be transferred or disposed of by Kxpress Logistics at its sole discretion, with or without notice, and the shipper, if known, agrees to pay cost incurred in the disposal. WARRANTIES Kxpress Logistics MAKES NO WARRANTIES, EXPRESS OR IMPLIED.