GIG Logistics Terms and Conditions

Liability

1. GIGL’s liability in respect of any shipment shipped under GIGL’s waybill is only limited to the declared value of the item as shown on the waybill/invoice.

Charges and Billing

1. The consideration sum payable to GIGL by the Consignor/Shipper for the handling of goods and related services, will be in accordance with the standard tariffs of GIGL, to be paid as determined by GIGL from time to time.
2. GIGL’s standard tariffs are available on request.
3. Shipments not claimed within 3 working days of its arrival shall attract a daily demurrage charge of ₦500 for shipments above 10kg and ₦200 below 10kg.

Condition of Goods

1. The onus of proving the quantity, type, physical properties, composition and the condition of the goods or the condition of any container at the time of receipt thereof by GIGL shall at all times remain with the Consignor/Shipper, and no delivery note, receipt or other document furnished or signed at such time by or on behalf of GIGL shall constitute conclusive proof thereof.

Right to Inspection

1. GIGL has a right to inspect the goods without prior notice to the Consignor/Shipper, which includes the right to open and examine the goods.
2. The consignee is to ensure 100% inspection of goods, acknowledge condition of goods before departure at point of collection, as GIGL shall not be liable for any complaints thereafter.

Delivery of Shipments

1. Shipments shall be delivered to the consignee’s physical address as provided by the consignor/shipper and not to postal codes. Delivery may be effected to the consignee, a designated agent, proxy, representative, or any person reasonably appearing to be authorised to receive the shipment at the delivery address.
2. In the case of mail services, delivery shall be deemed complete upon handover to the first receiving postal service, and where a central receiving area exists, delivery shall be deemed complete upon delivery to such area, and not necessarily to the named consignee personally.
3. Where a shipment is deemed unacceptable, or where the consignee or an authorised proxy cannot be reasonably identified, GIGL shall use reasonable efforts to return the shipment to the consignor/shipper at the shipper’s cost. Where return is not practicable, the shipment may be disposed of by GIGL without incurring any liability whatsoever.

Lien

1. As security for money owed for the handling of the goods, GIGL shall have a lien over all goods in its possession or under its control.

Dangerous Goods

1. Consignor/Shipper warrants that all goods and shipments handled and submitted for shipping are fit to be so handled in the ordinary way and are not dangerous goods;
2. GIGL shall not handle any dangerous, corrosive, noxious, hazardous, inflammable or explosive goods or any goods or shipment which in its opinion are likely to cause damage;
3. The consignor/shipper shall be liable for all losses or damage caused to GIGL & third parties by all dangerous goods;
4. If, in the opinion of GIGL, any goods become a danger to any person or property, GIGL shall be entitled to and without notice to the consignor/shipper take any such steps as in its sole discretion in respect of the goods. In such event, GIGL shall not be liable under any circumstances for the value of the goods or for any other loss or damage sustained by the Consignor/shipper as a result of such steps and still be entitled to recover from the Consignor/shipper its remuneration for the handling of the goods together with any costs incurred by GIGL in the disposal of such dangerous goods.

Perishable Goods

1. Perishable goods which are not taken up immediately upon arrival at their destination or which are insufficiently marked or otherwise not identifiable may be disposed of without notice to the Consignor/Shipper by GIGL.

Route

1. When carrying or moving shipments, GIGL shall, in its sole discretion, decide what route to follow.

GIGL’s Obligations

1. It will be deemed that GIGL has discharged all its obligations in terms hereof, once GIGL has delivered or handed the goods to the consignee stated in the waybill at the consignee’s address or at any other address the carrier has been requested to deliver to.

GIGL’s Liability for Damage or Loss

1. GIGL shall only be liable for direct loss and damages to the shipment and shall be limited to the declared value of the shipment as stated on the waybill/invoice. All other types of loss or damages are excluded, and this includes but is not limited to lost profits, income, interest, and future business. GIGL shall not be liable for any loss or damage that is special, consequential or indirect, even if the risks (financial or otherwise) associated with such loss or damage was communicated directly or indirectly to GIGL before or after the acceptance of the shipment.
2. Claims are limited to one claim per shipment, settlement of which will be the full and final settlement for all loss or damage in connection therewith.
3. If the consignor/shipper regards the limits provided above as insufficient, then the consignor/shipper must make a special declaration of value and take out insurance on the shipment as directed by GIGL’s staff so as to enable it recover the full value of the goods, the payment of the premium shall be at the consignor’s/shipper’s expenses, subject to the investigation and subsequent approval by GIGL’s management.
4. All claims for missing or damages to the shipment must be submitted in writing to GIG Logistics at sqa@giglogistics.com within 24 hours from the time the shipment is picked up from the destination centre or delivered to the consignee’s address for home delivery. It is the consignee’s responsibility to inspect the package at the destination centre prior to departure and report any issues or complaints immediately.

Subcontracting

1. GIGL reserves the right to employ sub-contractors to act for it and shall have no responsibility or liability to the shipper for any acts or omissions of such third parties.

Forfeiture

1. Any shipment not picked up by the consignee or consignor within thirty (30) days from the date of arrival or notification shall be deemed abandoned. GIGL reserves the right, without further notice, to forfeit, dispose of, sell, or otherwise deal with such shipment in any manner it deems fit, and shall bear no liability whatsoever in respect of the shipment thereafter.

Notices

1. Notices shall be served on the address stipulated on the waybill.

Dispute Resolution

1. In the event of any dispute, difference, or claim arising out of or in connection with a shipment, the parties shall first use their best efforts to resolve the matter amicably. Where such dispute is not resolved amicably, the parties shall jointly appoint a sole arbitrator to determine the dispute.
2. Without prejudice to the foregoing, and where amicable settlement or arbitration does not result in resolution, the dispute may be referred to the Lagos Multi–Door Courthouse (LMDC) for mediation, to be conducted in accordance with the LMDC Mediation Procedure Rules in force at the time.
3. The applicable Laws herein are the Laws of the Federal Republic of Nigeria.

Legal Notice Timeframes

The Consignor/Shipper agrees to adhere to the following timeframes for initiating any legal demand related to the shipment:

1. Damages: Any legal notice pertaining to claims for damages to the shipment must be served on GIGL within 20 weeks from the date of delivery of the shipment.
2. Loss or Missing Shipment: Any legal notice pertaining to claims for loss or missing shipment must be served on GIGL within 24 weeks from when the shipment was declared missing.

Failure to serve legal notice within the respective timeframes shall result in the forfeiture of any right to legal claim, and GIGL shall bear no further liability in respect of such.

Shipper’s Warranties

1. The Consignor/Shipper shall indemnify and hold GIGL harmless for any loss or damage arising out of the consignor/shipper’s failure to comply with any applicable laws or regulations. 
2. The consignor/shipper warrants and represents that:
   1. All information, descriptions, values and other particulars furnished to GIGL is complete and accurate;
   2. The shipments are the consignor’s sole property and that the shipper is duly authorised by the consignor owning the shipments to enter into this contract;
   3. The shipment is properly marked, addressed and packed to ensure safe transportation with ordinary care in handling;
   4. All applicable customs, import, export and other laws and regulations have been fully complied with;
   5. Payment of the shipment fee by the shipper shall constitute full acceptance of, and agreement to be bound by, the terms and conditions contained herein, which shall be valid, binding, and enforceable against the consignor/shipper.

Customs Duties and Taxes

1. Please note that customs duties and taxes may apply on your items in the destination country.
2. GIGL has no control over these charges as these tariffs are determined by the customs of the destination country.
3. GIGL shall not be responsible for any delays arising from customs border control.
4. Consignor/Shipper and Consignee are responsible for providing all documentation needed for customs clearance. In the event the consignor/shipper or consignee fails to provide this, the consignor/shipper will be charged for the return of the shipment to the origin.

Technical Policy

1. To ensure the effective evaluation and safe handling of technical gadgets, consignor/shipper engaging in the shipping of such devices must grant permission for thorough testing. Failure to consent to testing relieves GIGL of any responsibility for potential damages incurred during transportation or assessment. While every effort will be made to safeguard against physical and hardware damage, GIGL explicitly disclaims liability for any software and hardware damage that may occur during the testing process.
   Consignor’s/shipper’s are advised to back up their data and ensure the compatibility of software and hardware with the testing procedures. Refusal to permit testing and inspection absolves GIGL from any claims related to both hardware and software damage. By proceeding without testing, the Consignor/shipper disclaims GIGL’s liability for any hardware and software damage. GIGL shall not be held liable for any software-related issues at any point during the duration of the contract. Consignor/shipper are encouraged to thoroughly review and acknowledge this policy before initiating the shipping process.

General Terms

1. Entire Agreement
   These Terms and Conditions constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements, understandings, representations, warranties, or communications, whether express or implied. GIGL shall not be bound by any term, representation, warranty, or undertaking not expressly set out herein.
2. No Waiver
   Any relaxation, indulgence, concession, or forbearance granted by GIGL to the consignor/Shipper shall not operate as a waiver of any right or remedy of GIGL, whether arising before or after such indulgence, nor shall it preclude GIGL from enforcing its rights strictly at any time.