These terms and conditions apply to You, the user of this business (including any sub domains, unless expressly excluded by their own terms and conditions), and Okoye Burumchi Angel, the owner and operator of the following business and website:
● Buan Enterprises Limited and Buanlogistics.com (the “Website”), with the following URL web address: http://Https://www.buanlogistics.com.
●”Parties” means both You (the user of the Service) and the entity providing the Services.
● “Content” means any content, writing, images, audio-visual content or other information published on this Service.
●”Materials” means any materials, information or documentation that we may provide to you in connection with Your use of the Service including documentation, data, information
developed any use and other materials which may assist in Your use of the Goods or Service,
●”Terms” means these terms and conditions.
●”Bill of Lading” means either where the Company is acting as the principal carrier in respect of the Goods, the bill of lading issued by the Company in respect of the Goods; or where the Company is acting as an agent and the bill of lading issued by a Third Party carrier in respect of the Goods.
●”Charges” means the Company’s rates for the provision of the Services notified to the Customer; and all fees, costs, surcharges, pass-through costs, out of pocket expenses and any other expenses incurred by the Company in connection with the provision of the Services to the Customer.
●”Company” means the entity providing the Services “Consignee” shall mean any person, agent or employee appointed by the Customer or named in the Bill of Lading to take delivery of the Goods being transported. 2/13
●”Container” means, without limitation, any pallet, packing case, container, tank or any other unit or item used to transport Goods.
●”Customer” means the entity receiving the Services.
●”Delivery Point” means the premises of either the Consignee or the Relevant Operator.
●”Goods” means any consignment of freight to which the Services relate, which are the subject of an Order and includes any packaging, containers or equipment.
●”Order” means a request made by the Customer to the Company for Services to be performed in relation to Goods.
●”Owner” means the person who owns or is entitled to the possession of the Goods or where applicable, the Bill of Lading.
●”Port of Discharge” means the port to which the Customer has stated in the Order that delivery of the Goods shall be made.
●”Port of Loading” means the port to which the Customer has stated in the Order that pick up of the Goods shall be made.
●”Port Authority” means the organisation responsible for managing and maintaining the traffic and regulations at the relevant port.
●”Public Official” means (i) any official or employee of any government agency or government-owned or controlled enterprise, (ii) any person performing a public function, (iii) any official or employee ofa public international organisation, (iv) any candidate for political office, or (v) any political party or an official of a political party.
●”Relevant Operator” means the operator or operators of any vessel nominated by the Customer to take delivery of the Goods at a Port.
●”Services” means the services that the Company has agreed to provide to the Customer.
●”Services Agreement” means either a “Shipper” shall mean a person who coordinates the transport of goods.
●”STCs” or “Standard Terms and Conditions” shall mean these standard terms and conditions for the provision of freight and logistics services including its schedule(s), as such are amended from time to time.
●”Third Party” or “Third Parties” shall mean persons other than the Parties. 3/13
a. In relation to the Services to be provided, the Company shall: (i) comply with and act in accordance with any mandatory law; and (ii) exercise reasonable skill and care in the performance of its responsibilities; and (iii) use reasonable endeavours to comply with all reasonable specific instructions in writing which the Customer may give (provided that such instructions do not conflict with the Standard Terms and Conditions).
b. The Company reserves the right to deviate from any specific instructions given by the Customer, or from any stated means by which it will provide the Services if any event or situation arises rendering the provision of the Services in that manner not commercially viable, despite the reasonable endeavours of the Company to the contrary.
c. The Customer shall have no recourse against the Company in respect of any deviation by the Company from the instructions of the Customer.
a. In relation to the Services to be provided by the Company, the Customer shall for the benefit of the Company:
(i) comply with and act in accordance with any mandatory law;
(ii) provide to the Company in good time and in advance all information necessary for the Company to provide the Services on a timely basis, including but not limited to details of the Shipper/Consignee or the relevant appointed agent, the details of the Goods to be shipped and desired timings for performance of the Services;
(iii) provide all documentation and information necessary for the Company to provide the Services pursuant to these STCS within a reasonable time of any request for such information being made; and
(iv) cooperate with all authorities on all matters relating to the provision of the Services.
b. The Customer shall accept, and shall procure that any Shipper/consignee or appointed agent accepts, delivery of the Services in accordance with these STCs.
c. Should the Consignee or any appointed agent fail to take delivery of the Goods at the Delivery Point, the Company shall be entitled to store the Goods or any part thereof at the sole risk of the Customer, consignee or appointed agent, whereupon the liability (if any) of the Company in respect of the Goods or that part thereof shall wholly cease. All costs (including but not limited to storage costs and legal fees) incurred by the Company as a result of the failure to take timely delivery shall be paid by the Customer to the Company upon demand.
d. Receipt by the Consignee entitled to delivery of the Goods without complaint is prima facie evidence that the Goods have been delivered in good condition and in accordance with this Standard Terms and Conditions.
e. The Company shall be entitled at the expense of the Customer to dispose of the Goods (by sale or otherwise as may be reasonable in all the circumstances):
(i) following at least 14 days’ notice in writing to the Customer, or (where the Customer cannot be traced and reasonable efforts have been made to contact any parties which may reasonably be supposed by the Company to have any interest in the Goods) without notice, any Goods which have been held by the Company for 30 days (or longer if required by mandatory law) and which cannot be delivered as instructed; and
(ii) any such sale shall be on the basis of a reasonable offer immediately available, which may or may not amount to a sum which the Customer (or any other person interested) considers the Goods to be worth in any specialist market place. The Company may, in its absolute discretion, advertise the Goods for sale.
f. The Customer warrants that: 5/13
(i) all information provided by or on behalf ofthe Customer which relates to required Services or Goods shall be complete and accurate;
(ii) all equipment and other materials provided by the Customer in relation to or for the purposes of the performance of the Services, including but not limited to any Container, is fully fit for purpose and in good condition;
(iii) all Goods are fit for carriage and all steps have been taken to ensure the Goods have been appropriately prepared and packaged and are capable of being identified; and
(iv) any Container provided by the Customer is in good condition and is suitable for the carriage of the Goods.
g. Where the Company provides the Container, the Customer accepts that, by loading the Goods onto or into such Container, the Container is in good condition and is suitable for the carriage of the Goods,
h. The Customer acknowledges that, where the Customer delivers to the Company, or causes the Company to deal with or handle Goods which are or may be considered to be hazardous, dangerous or capable of causing damage or adversely affecting other goods or Goods likely to attract rodents or other animal life whether declared to the Company or not, the Customer shall be liable for all losses or damage that may arise in connection with such Goods. i. Where Condition h applies, the Customer:
(i) shall at all times fully indemnify the Company and hold it harmless against all penalties, claims, damages, losses, costs and expenses (including but not limited to legal expenses) whatsoever arising in connection with any such Goods; and
(ii) accepts that the Company shall be entitled to deal with the Goods in such manner as the Company, or any other person in whose custody the Goods may be at any relevant time, thinks fit.
a. The Customer undertakes to pay the Company the Charges, as consideration for the Services provided by the Company, or as otherwise agreed between the Parties.
b. The Company shall issue an invoice prior to shipment which the Customer must pay prior to shipment. The Company reserves the right to cancel any Order where payment has not been made.
c. The Company shall have no liability to pay any tax, duty, levy or charge of any kind imposed by any state or state authority by reason of the provision of the Services (other than tax on its overall net
income imposed in a state in which the Company is based for tax purposes). 6/13
d. Where the Company incurs expenses or is subject to any claims in relation to such payments, the Customer shall at all times fully indemnify the Company and hold it harmless in respect of all penalties, claims, damages, losses, costs and expenses (including but not limited to legal expenses) whatsoever arising incurred in connection with such taxes, duties, levies, charges or similar items of expenditure.
e. Without prejudice to any rights that the Company may have pursuant to the Bill of Lading (if applicable), the Company shall have a general right of lien in respect of any Goods or any documents relating to Goods in its possession or control at any time, for all sums which are due from the Customer at any time.
f. The Company shall be entitled at the expense of the Customer to dispose of the Goods (by sale or otherwise as may be reasonable in all the circumstances) if following 30 daw notice in writing to the Customer for payment of all the sums due, the Customer has not made payment of such sums. In such circumstances, the Company has the right to dispose of the Goods and apply the proceeds towards the balance of the payments owed by the Customer. The reasonable costs of sale and/or dealing with the Goods in respect of which a power of sale is exercised by the Company shall be borne by the Customer and may be deducted by the Company from the balance of the proceeds of sale of the Goods payable to the Customer.
g. The Company shall be free to exercise the power of sale without further notice to the Customer where it is apparent that the Customer and/or Consignee are unable to honour their obligations and/or have indicated a refusal to do so.
h. The Customer shall pay to the Company all sums immediately when due without any deduction or withholding other than as required by mandatory law (and where any deduction or withholding is required by mandatory law the Customer shall increase the amount payable to The Company to reflect the amount that the Company would have received if no deduction or withholding had been made) and the Customer shall not be entitled to assert any credit, set-off or counterclaim against the Company in order to justify withholding payment of any such amount in whole or in part.
i. In the event of default of any payment due, or in the event of the levying of any distress or execution against the Customer or the making by it of any composition or arrangement with creditors or; being a company, the Customer’s liquidation or any analogous insolvency procedure in any jurisdiction, then all contracts between 7/13 the Customer and the Company shall be terminated immediately and all sums owed (whether invoiced or not) by the Customer to the Company shall become due and payable immediately provided that, in the Company’s absolute discretion, the Company may complete any Orders that have already been placed by the Customer at the date of termination and the Customer shall pay all Charges in relation to such Orders. Such termination is without prejudice to the accrued rights and liabilities of the Parties prior to termination.
interfere or attempt to interfere with the proper working of this Business; or
(II). bypass any measures we may use to prevent or restrict access to this Business.
(Ill). to interfere with or circumvent the security features of this Service;
(IV).to damage, disable, overburden or impair this Service or any other person’s use of this Service.
(V).to use this Service contrary to the applicable laws and regulations or in a way that causes, or may cause harm to this Business, any person or business entity. We reserve the right to terminate Your use of the Service for violating any of the prohibited uses.
a. You agree that the Company retains ownership of all Content included on the Business Social media pages and Website (text, graphics, video, software, data, page layout, images, and any other information capable of being stored in a computer).
c. You hereby agree not to reproduce or distribute the Owner’s intellectual property or use the intellectual property for any unlawful purpose.
a. You may be required to register with us to have access to our Service.
B. You will be required to provide certain personal information, which includes but not limited to Your name, user name, email address and password. The information provided must be correct and accurate. 8/13
c. This personal information must not be disseminated to anyone and when You discover that Your information has been compromised, you agree to notify us immediately. You also acknowledge that You are responsible for the security of Your personal information and that the Owner does not accept liability for the security of Your information as You agree to be responsible for maintaining the confidentiality of Your personal information.
d. The Company reserves the right to terminate Your registration where You have provided false inaccurate or incorrect information.
e. It is at the sole discretion of the Company to terminate the registration or refuse to offer any Services to any User at any time and for any reason.
a. The Company undertakes to give accurate information about the description of the Services. However, the Company does not guarantee the reliability of any information relating to the Services.
b. We reserve the right to refuse to sell the Services in the Business at our sole discretion.
c. To the extent that the Business is acting as the principal carrier in respect of the Goods, the Company’s total liability (whether arising from breach of contract, misrepresentation (whether tortious or statutory), tort (including but not limited to negligence), breach of statutory duty, or
otherwise) shall be limited or excluded as set forth in the Company’s Bill of Lading.
d. The Company/ s total liability (whether arising from breach of contract, misrepresentation (whether tortious or statutory), tort (including but not limited to negligence), breach of statutory duty, or otherwise) shall be limited to:
(i) Claims for loss of Goods within Nigeria where the weight and worth of the Goods was calculated, declared and ascertained by the Company
(ii) Compensation on shipping fees for insured goods.
(iii) Claims for loss of Goods within Nigeria on Undeclared worth
of goods will be refunded only on shipping fee
(iv) For the purpose of this STC, the value of the Goods shall be their value at the commencement of shipment or, if shipment did not commence, the planned date of shipment. If the same loss falls within more than one of the scenarios set out in (i) or (ii) above, the lowest applicable limit shall apply and the Customer shall not be entitled to claim more than once in respect of the same loss. 9/13
e. Under no circumstances shall the Company be liable to the Customer for any of the following types of loss or damage arising under or in relation to this STC (whether arising from breach of contract, misrepresentation (whether tortious or statutory), tort (including but not limited to negligence), breach of statutory duty, or otherwise):
(i) any loss of profits, business, contracts,
anticipated savings, goodwill, or revenue, any wasted expenditure, any loss of market, or any loss or corruption of data (regardless of whether any of these types of loss or damage are direct, indirect or consequential); or
(ii) any indirect or consequential loss or damage whatsoever,
(iii) Any goods destroyed or seized by Customs/Port Authority even if the Parties were aware of the possibility that such loss or damage might be incurred by the Customer.
f. Any claim must be notified to the company in writing within 14 days of the event giving rise to the claim, and any losses or claim brought within nine months from such date.
II. Third Party Liability The Customer shall be responsible for and shall at all times fully indemnify the Company and hold it harmless in respect of all claims by any Third Party (including but not limited to damages, losses, costs, expenses and legal expenses) whatsoever arising out of or in connection with the Services and/or alleging the Company’s liability for death or personal injury or property damage which the Company may incur or suffer as a result of the negligence, default or breach of statutory duty by the Customer, its employees or agents.
a. The Customer shall at all times fully indemnify the Company and hold it harmless against all claims, losses, damages, costs and expenses (including but not limited to legal expenses) whatsoever arising which the Company may incur in connection with the performance of the Services under this Services Agreement, unless any such matter arises solely and directly by reason of the wilful misconduct or negligence of the Company.
b. If the Company at any time provides any bond, guarantee or other form of security to any customs or other local authority in any country in connection with the Services provided, the Customer shall at all times fully indemnify the Company and hold it harmless from any claims, damages, losses, costs and expenses (including but not limited to legal expenses) whatsoever arising and made thereunder and otherwise reimburse the Company immediately upon 10/13 any such claims being made, unless any such claim arises solely and directly by reason of the wilful misconduct or negligence of the Company.
c. Without limiting the foregoing terms, if the Company finds itself, whether by mandatory law or otherwise in any country, jointly or severally liable for any liabilities of the Customer or any other party seeks to hold the Company liable for any liabilities of the Customer, then the Customer shall fully indemnify the Company and hold it harmless for any claims, damages, losses, costs and expenses (including but not limited to legal expenses) whatsoever arising and made in respect thereof and shall not in any way assert any claim for a contribution from the Company.
a. The Customer shall take out cargo insurance, at its own expense, for the full replacement value of the Goods, and shall keep such insurance valid and in force for the term of this Services Agreement.
b. The Company shall not be required to take out insurance in relation to the Goods but, in the event of any claim for loss of or damage to Goods, the Company may, in its absolute discretion claim against any cargo insurance policies it may have in place, and then send a liability letter to all service providers related to the shipment under dispute.
a. Information we collect and use: For registered users: You provide personal information, such as Your name, user name, email address, or billing information if You register for an account with the Service. 11/13 We may also require other information in relation to but not limited to the following: receiving notifications by text message or email about marketing; receiving general emails from Us; commenting on our Content on our Website; and the purchases You make. For unregistered users: We will collect passive information from all registered and unregistered users. This information include cookies, IP address information, location information and certain browser information. Sales and billing information: We may collect Your credit and/or debit card information, which includes Your card number, password, etc, Your billing address, Your contact address and other information required for Your purchases. User experience: From time to time we may also request certain Personal Data that may be necessary to improve our Services. We may also receive information from external applications You use to access our Service or information through various web technologies, such as cookies, log files, clear gifts with Your permission.
b. How we use the information: We use Your information to provide personalized service to You. We also use it to help monitor and improve the Service we offer. We may also track certain information received to improve our marketing. We will only use Your personal data for the purpose it was intend and with Your permission.
c. How to protect Your information: We will use administrative security measures to reduce the risks of loss or misuse. While the security of Your information is paramount to us, we cannot guarantee its absolute security. If You choose to terminate Your account, you agree that the Owner will save Your information for a reasonable period with reference to the purpose for obtaining the personal data.
a. Assignment: The Company shall be permitted to assign, transfer its rights and/or obligations under these Terms. However, you shall not be permitted to assign, transfer any rights and/or obligations under these Terms.
b. Entire Agreement: These Terms, disclaimers and any other agreement relating to the use of this Service constitutes the entire agreement and shall supersede any other agreement.
c. Separate Agreements: You may have other legal agreements with us. Those agreements are separate from these Terms. These Terms are not intended to alter, amend, revise or replace the terms of the other agreement.
d. Applicable law:These Terms may be governed and construed in accordance with the Laws, regulations or guidelines of the Federal Republic of Nigeria and other treaties, or regulations which is applicable in Nigeria.
e. Variation: The Company may revise these Terms at any time as it sees fit, and by using this Service, You undertake that You shall review the terms of the revised Terms before accepting same. If any part of the of the Terms or any modification thereof is considered invalid or unenforceable, the remaining parts shall be considered valid and enforceable.
f. Waiver: Failure to exercise any right in these Terms shall not operate as a waiver The right or remedies herein provided are cumulative and not exclusive of any right or remedies provided by law.
g. Severability: Every provision contained herein is intended to be severable. If any provision is invalid for any reason whatsoever, such invalidity shall not affect the validity of other clauses of these Terms.
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