1. Introduction
These Terms and Conditions govern the use of all logistics, shipping, warehousing, freight forwarding, and related services provided by Bani Global Logistics Limited. Use of our services indicates acceptance of these terms. All services are provided subject to the terms outlined herein, which supersede any prior agreements or understandings unless explicitly agreed in writing by an authorized representative of the Company.
2. Definitions
- Services: Logistics, shipping, warehousing, freight forwarding, customs clearance, and related services.
- Shipment: Any goods, cargo, packages, or items handed over to us for transportation, storage, or clearance.
- Customer: Any person, company, or entity using our services, whether as shipper, consignor, or agent.
- Consignee: The intended recipient of the shipment.
- Carrier: Any third-party transportation provider engaged to perform part of the services.
3. Shipping and Delivery Terms
3.1 Acceptance of Shipments
We reserve the right to reject any shipment that violates applicable laws, contains prohibited items, or fails to comply with our policies. Prohibited items include dangerous goods improperly declared, illegal substances, and materials requiring special permits without documentation.
3.2 Shipping Schedule
All delivery timelines provided are estimates and not guaranteed. Delays caused by customs clearance, weather conditions, third-party carriers, strikes, public holidays, or other circumstances beyond our control shall not constitute a breach of contract. We shall provide reasonable updates but assume no liability for consequential delays.
3.3 Packaging
Customers are solely responsible for ensuring shipments are properly packaged, labeled, and marked to withstand ordinary transportation risks. Goods damaged due to insufficient packaging shall be at the Customer's risk.
3.4 Customer Communication
We are committed to providing timely updates regarding shipment status, particularly in the event of delays or exceptions. Customers are encouraged to reach out via official communication channels for assistance.
4. Liability and Insurance
4.2 Insurance
Optional cargo insurance is available at an additional cost. Customers who desire full protection must request insurance in writing, declare the accurate commercial value, and pay the applicable premium. Insurance coverage is subject to the terms of the underlying policy.
4.3 Exclusions from Liability
We shall not be liable for any loss, damage, delay, misdelivery, or failure to perform arising from:
- Acts of God, including earthquakes, floods, or severe weather;
- War, terrorism, civil unrest, or riots;
- Customs, government agency intervention, or regulatory delays;
- Improper, insufficient, or non-compliant packaging by the Customer;
- Inherent vice, nature of goods, or perishable items deterioration;
- Delays or defaults by third-party carriers beyond our reasonable control.
5. Duties and Taxes
Customers are solely responsible for all customs duties, taxes, levies, and associated fees imposed by any jurisdiction. Where we advance payments on behalf of the Customer, such amounts shall be reimbursed immediately upon demand. We are not liable for customs clearance delays, seizures, or penalties arising from inaccurate declarations or prohibited items.
6. Payment Terms
6.1 Rates and Charges
All rates are subject to change without notice. Final charges depend on actual weight, dimensions, destination, and services requested. Quotations are valid for 30 days unless otherwise stated.
6.2 Payment Due Date
Payment is due upon invoice receipt unless otherwise agreed in writing. For approved credit accounts, payment terms are net 15 days from invoice date. Late payments may incur interest at 2% per month or the maximum legal rate, plus collection costs. We reserve the right to suspend services for overdue accounts.
6.3 Discrepancies
Customers must report invoice discrepancies in writing within 7 days of receipt. Failure to do so constitutes acceptance of the invoice as accurate.
7. Customs Clearance
We facilitate customs clearance as a courtesy to Customers. The Customer is solely responsible for providing accurate, complete documentation (commercial invoices, packing lists, permits, etc.) in a timely manner. We assume no liability for penalties, storage charges, or delays arising from incorrect, incomplete, or missing documentation provided by the Customer or their agents.
8. Storage and Warehousing
8.1 Storage Terms
Storage and warehousing services are provided based on availability. Goods stored are at the Customer's risk unless insured. We maintain reasonable security but do not guarantee against theft, damage, or deterioration.
8.2 Storage Charges
Storage fees apply based on weight, volume, and duration. Charges accrue daily and are payable prior to release of goods. Unpaid storage fees may result in lien enforcement as permitted by law.
9. Indemnification
The Customer agrees to indemnify, defend, and hold Bani Global Logistics Limited, its directors, employees, and agents harmless from any claims, damages, liabilities, costs, or expenses (including reasonable legal fees) arising from:
- Breach of these Terms by the Customer;
- Third-party claims related to the shipment;
- Improper, illegal, or hazardous shipment handling;
- Violation of applicable laws or customs regulations.
10. Dispute Resolution
The parties agree to first seek amicable resolution through good-faith negotiations. If the dispute remains unresolved within 30 days, either party may refer the matter to arbitration in accordance with the Arbitration Act of Kenya. Arbitration shall be conducted by a single arbitrator mutually agreed upon, and the seat of arbitration shall be Nairobi, Kenya. Judgment upon the award may be entered in any court having jurisdiction.
11. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Kenya. Any legal action not subject to arbitration shall be brought exclusively in the courts of Kenya.
12. Amendments
We reserve the right to update, modify, or replace these terms without prior notice. The latest version will always be available on our website. Continued use of our services after any changes constitutes acceptance of the revised terms.
13. Force Majeure
Neither party shall be liable for failure or delay in performance due to events beyond reasonable control, including but not limited to natural disasters, acts of government, war, civil unrest, strikes, pandemics, or carrier operational disruptions.
14. Termination
We may suspend or terminate services immediately upon written notice if the Customer violates any provision of these terms, engages in fraudulent or illegal activity, or fails to make timely payments. Termination does not relieve the Customer of outstanding payment obligations.
15. Service Performance Disclaimer
While we strive to deliver timely and professional service, unforeseen circumstances may impact performance. Customers acknowledge that some delays are beyond our control and agree not to hold Bani Global Logistics Limited liable in such cases, provided all due diligence and reasonable efforts have been exercised to mitigate the impact.
16. Official Communication
All service-related issues, disputes, and formal inquiries must be raised through our official communication channels: email (support@banilogistics.co.ke), phone (+254 782 013 236), or website chat. Unofficial correspondence such as WhatsApp messages or social media direct messages may not be considered a valid dispute submission or binding acknowledgment. Customers are advised to retain written records of all official communications.