“Libmot Express Ltd” is the carriage company and shall hereinafter be referred to as “The Company”.
All customers shall hereinafter be referred to as either “Sender/Consignor” or “Receiver/Consignee”.
When requesting Libmot Express services the “Sender/Consignor”, agrees on his/her behalf and on behalf of the receiver of the Shipment/Consignment (“Receiver/Consignee”) and anyone else with an interest in the shipment that these Terms and Conditions shall apply.
“Shipment/Consignment” means all documents or parcels that travel as a waybill and which may be carried by Libmot Express Ltd through any means it chooses, including air, road or any other carrier.
A “waybill receipt” shall include any Shipment identifier or document produced by Libmot Express Ltd or sender automated systems such as a label, bar code, waybill or Consignment note as well as any electronic version thereof. Every Shipment is transported on a limited liability basis as provided herein. If Sender requires greater protection, then specific insurance may be arranged at an additional cost. (Please see below for further information).
“Owner’s Risk” means that the goods are held upon terms that Libmot Express Ltd shall not be liable for any loss of whatsoever nature and howsoever caused including negligence in relation to the goods or as a consequence of the goods being in your possession. You will indemnify us against all claims that may be made against us arising from the carriage, retention or storage of such goods.
“Carriage” means and includes the whole of the operations and services undertaken by us in connection with the shipment.
Unless any special services are agreed, and subject to these terms, a sender/consignor shall acknowledge that he/she has read our terms and conditions of carriage, contained on our website - www.libmotexpress.com and have accepted them. Hence by concluding any type of contract with The Company and entrusting a consignment, the Sender/Consignor accept our terms and conditions set out therein and on our website - www.libmotexpress.com, on behalf him/her self or anyone else who has an interest in the shipment, irrespective of whether the front of our waybill receipt was signed or not. No agent, servant or representative of Libmot Express Ltd has the authority to modify, alter or waive any provision of this contract. Where a consignment is given with oral or written instructions which conflict with our terms and conditions, The Company shall not be bound by such instructions. All interested parties (Sender and Receiver) acknowledge and accept that shipments will be consolidated with those of other senders for transport and that The Company may not monitor the inbound and outbound movement of individual shipments at all handling terminals and to hold us harmless against any loss/damage that may result from such consolidation. Libmot Express Ltd is not a common carrier and reserves the right in its absolute discretion to refuse carriage to any shipment/cargo tendered to it for transportation.
A Shipment is deemed unacceptable if:
• No customs declaration is made when required by applicable customs regulations,
• it contains counterfeit goods, animals, bullion, currency, gem stones; weapons, explosives and ammunition; human remains; illegal items, such as ivory and narcotics,
• it is classified as hazardous material(liquid, gas or solid), dangerous goods, prohibited or restricted articles by NIPOST, NAFDAC or other relevant organization (“Dangerous Goods”),
• its address is incorrect or not properly marked or its packaging is defective or inadequate to ensure safe transportation with ordinary care in handling,
• it contains any other item which LIBMOT EXPRESS LTD decides cannot be carried safely or legally,
• Shipment contains perishable and/or temperature sensitive goods.
(a) Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver’s address given by Sender to the named Receiver personally except with a signed authorization from the Receiver to hand over such Shipment to another person. Shipments to addresses with a central receiving area will be delivered to that area.
(b) Libmot Express may notify the Receiver of an upcoming delivery. Receiver may be offered alternative delivery options such as delivery on another day, redirection or collection at a Libmot Express terminal or pickup point. Sender may exclude some delivery options on request.
(c) If the Shipment is deemed to be unacceptable as described in Section 2, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay Customs Duties or other Shipment charges, Libmot Express shall use reasonable efforts to return the Shipment to Sender at Sender’s cost, failing which the Shipment may be released, disposed of or sold without incurring any liability whatsoever to The Company, Sender or anyone else, with the proceeds applied against Customs Duties, Shipment charges and related administrative costs with the balance of the proceeds of a sale to be returned to Sender.
(d) The Company shall have the right to destroy any Shipment which any law prevents us from returning to Sender as well as any Shipment of Dangerous Goods.
(e) Perishable and temperature sensitive goods will not be accepted.
(f) Processed foods in cans, plastic bottles and glass bottles will be accepted and transported provided that the sender accepts that this is at his/her risk. Libmot Express does not provide special handling for such shipments.
Libmot Express Ltd reserves the right to open and inspect a shipment without prior notice to the sender for safety, security, customs or other regulatory reasons.
(a) All customers (Senders/Receivers (where necessary) )shall declare the actual contents of their consignment and be bound by the description as written on our waybill receipts. You undertake that it is your responsibility to declare the value of your shipment, and agree that we are not bound to request such information from you. Hence where there is failure to make such declaration, such undeclared shipment is at owners’ risk and The Company shall be free from any liability whatsoever arising from any loss or damage that may arise.
(b) The names, addresses and telephone numbers of the consignor and consignee must be provided and we shall not be liable for any loss or delay in delivery occasioned by failure to provide these details.
(a) Libmot Express shipment charges are calculated according to the higher of actual or volumetric weight per piece and any piece may be re-weighed and re-measured by The Company to confirm this calculation.
(b) The Sender or the Receiver, when Libmot Express acts on Receiver’s behalf, shall pay or reimburse Libmot Express for all Shipment charges, storage charges (demurrage) or other charges due, or Customs Duties owed for services provided by The Company or incurred on the Sender’s or Receiver’s behalf. Payment of Customs Duties may be requested prior to delivery.
(c) Official receipts must be issued for each payment made.
(d) Shipment is expected to be collected within 3days after arriving it’s destination after which Libmot Express reserves the right to charge the receiver demurrage of #200/day for “light” items and #150/kg/day for heavy items.
(e) Shipments may be contracted and service paid for by the receiver at the destination upon arrival. However, the receiver shall be informed and given additional 7days to pay for and collect shipments after which Libmot Express reserves the right to sell shipments not paid for and collected for more than three months to recover cost of service without prior notice to the customer.
(f) In the case where sender wants to retrieve any shipment(s) after transaction had been concluded, he/she would be refunded only 85% of total amount paid if the said shipment(s) has not been sent out. Libmot Express reserves the right to surcharge the sender 15% of total amount paid as administrative charge. Where the shipment has been sent out, the sender will be responsible for the cost of returning the item to him/her.
Sender or Receiver(where necessary) shall be solely responsible for the packaging (or cost of packaging) of your consignment in such a way that it can withstand normal handling. Consignments of fragile nature must be packed in crates with foam, foam pellets and other such protective casing with a “fragile” tag attached thereto. Any loss or damage to a consignment arising out of your failure to pack it in the aforesaid manner is strictly at owner’s risk.
(a) Libmot Express Ltd may be able to arrange insurance covering the value in respect of loss or damage to the Shipment, provided that the Sender so instructs us in writing, including by completing the value declaration form prior to the acceptance of waybill by The Company or Libmot Express automated systems and pays the applicable premium. However the coverage is limited to only 80% of the value declared for the item.
(b) Where value is not declared, the actual cost of the shipment shall be within every case, an upper limit that does not exceed N150 per kilo with a maximum of N10,000 per shipment.
(c) Where sender regards this limit as insufficient it must make a special declaration of value and request insurance as described in Section 11 or make its own insurance arrangements.
(d) Libmot Express Ltd liability is strictly limited to direct loss and damage to a Shipment. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to The Company’s attention.
(e) Libmot Express Ltd will make every reasonable effort to deliver the Shipment according to our regular delivery schedules, but these schedules are not binding and do not form part of the contract. The Company is not liable for any damages or loss caused by delay.
(a) Libmot Express Ltd shall not be liable in any event for any consequential or special damages or other direct and indirect loses however arising whether or not limited to loss of income, profits, interest, utility or loss of market.
(b) The Company shall not be liable for any loss or damage including but not limited to lost profit, loss of income, loss of interest, loss of future business, loss of market, loss of reputation, loss of commercial personal value, incidental, special or consequential damages or loss howsoever arising, including but not limited to the loss, damage, delay, mis-delivery or non-delivery of your shipment whether the risk of such loss or damage was brought to our attention before or after acceptance of the shipment since special risks can be insured by the consignor.
(c) We are not liable if your shipment or any part of it is lost, damaged, delayed or mis-delivered or not delivered or if we do not fulfil any obligations towards you as a result of
(i) Circumstances beyond our control such as (but not limited to):
• Acts of God including earthquakes, storms, electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings, floods, fire, disease, cyclones, fog, snow or frost, latent defects or inherent vice in the contents of the shipment.
• Force majeure including but not limited to war, accidents, pandemics, acts of public enemies, strikes, embargoes, riots, local disputes or civil commotion.
• National or local disruptions in road transportation networks and mechanical problems to modes of transport or machinery or bad roads.
• Criminal acts of third parties such as theft and arson.
(ii) Your acts or omissions or those of third parties such as:
• A breach by you (or any other party claiming interest in the shipment) or your obligations under these terms and conditions and in particular the warranties set out herein.
• An act or omission of any authority or agent of government.
• The contents of the shipment consisting of any article that is a prohibited item even though we may have accepted the consignment in error.
(a) All claims must be submitted in writing, electronically or hardcopy, to Libmot Express Ltd within thirty (30) days from the date we accepted the consignment at the terminal of dispatch, failing which we shall have no liability whatsoever. We are not obliged to act on any claim until our carriage charges have been paid nor are you entitled to deduct the amount of your claim from our carriage charges. Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith.
(b) No third party who has interest in the shipment shall be permitted to bring a claim or action against us arising from the carriage even though we may have been negligent or in default.
(c) Where an action is made, The Company will be indemnified by the Sender/Receiver against the consequences of the claim and the costs and expenses they incur in the suit action.
(d) The shipment will be deemed to have been delivered in good condition once the shipment is accepted and signed off on the appropriate portion of the waybill, unless the receiver has noted any external trace of injury or damage on the delivery record upon receiving the shipment before acceptance.
(e) No claim for compensation for the loss of any of the contents of a packet shall be entertained if delivery of the packet has been accepted without comments or complaints.
Libmot Express Ltd may be able to arrange insurance covering the value in respect of loss of or damage to the Shipment, provided that the Sender so instructs Us in writing, including by completing the value declaration form prior to the acceptance of waybill by The Company or Libmot Express automated systems and pays the applicable premium.
Sender shall indemnify and hold Libmot Express harmless for any loss or damage arising out of Sender’s failure to comply with the following warranties and representations:
• All information provided by sender or its representatives is complete and accurate;
• The Shipment is acceptable for transport under Section 2 above;
• The shipment is properly packed, marked and addressed to ensure safe transportation with ordinary care in handling;
• Shipment of a fragile nature are properly packed and rated with foam, pellets or other insulating material and clearly marked as fragile with the label attached visibly thereto.
Sender agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of Libmot Express, to the non-exclusive jurisdiction of the courts of Law, and governed by the law of the Federal Republic of Nigeria and the sender irrevocably submits to such jurisdiction, unless contrary to applicable law.
It is the intention of Libmot Express Ltd that all the terms of the contract between it and the sender are contained in this document. If the sender wishes to rely on any variation to these terms, it/he/she must ensure that that it is recorded in writing and signed by the sender and on behalf of Libmot Express Ltd before the shipment is accepted for carriage by The Company. If any part of these terms is not enforceable, this will not affect the enforceability of any other part.
Any shipment(s) not picked up by the receiver or cannot be delivered to the receiver for any reason for a period exceeding 12 months from time of contract is considered undelivered. We shall make a publication via any of the national dailies and hold unto the shipment(s) for a period of 30 days thereafter, to avail customers the opportunity to retrieve their items in accordance with section 6, after which Libmot Express reserves the right to do the following;
• If the content of the package has a high value, put it up to be priced and sold at an auction,
• If it contains items of commercial use such as food, cosmetics, cleaning products – they might as well be donated,
• But, the shipment will be destroyed if it has no obvious value or if it contains items that are forbidden.
Libmot Express Ltd is permitted to revise these Terms at any time as it sees fit, and by using our service the customer is expected to review such Terms on a regular basis to ensure it/he/she understands all terms and conditions governing its service provision.