Delivery Service Terms
1.1 MacSpeedy’s will use every reasonable endeavour to ensure that the Collection Times and Delivery Terms are adhered to.
1.2 MacSpeedy’s will make every reasonable effort to ensure the safe delivery of all items collected, and maintain responsibility for the security of items from the time in which items are placed in the Provider’s care, until delivered to the Customer or the designated recipient(s) of the Customer.
1.3. MacSpeedy’s agrees to provide proof of delivery for both domestic and international shipments through one or more of the following means: electronic Proof of Delivery via signature and/or photo, digitized waybill within the MacSpeedy’s order system, e-mail of confirmation/proof of delivery, or a physical POD in the form of a signed delivery form, delivery note and/or manifest.
1.4a. MacSpeedy’s will maintain insurance covering goods in transit, which may be claimed if the client’s items are lost or damaged.
1.4b. No other guarantee is attached to goods in transit, and reimbursement is subject to the approval of MacSpeedy’s in conjunction with its insurance provider.
1.4c. Basic insurance coverage for the Customer extends to a maximum of ZMK 5,000 in value per order.
1.4d. Customers wishing to cover order values in excess of ZMK 5,000 must obtain additional insurance coverage from MacSpeedy’s or an independent broker of their choice prior to commencing the order. Insurance requested after the order has commenced, while item is in transit, or after arrival shall not be valid.
1.4e. Maximum reimbursement of goods not covered by additional insurance shall be ZMK 5,0000.
1.5. Times same-day Citywide services (1-hour, 3-hour, and 6-hour) are guaranteed services and, as such, customers may be eligible for reimbursement of delivery cost should the Provider fail to provide the services according to the guaranteed time.
1.6 The Provider shall do its utmost to provide timely service. However, late arrivals of international and town-to-town services, when they occur, may be due to factors behond the control of the Provider.
1.7 The Customer shall not hold the Provider liable for any loss of potential or actual business, emotional costs, etc of or related to late deliveries. The only reimbursement or coverages available for MacSpeedy’s customers shall be, a. Insurance coverage for lost or damaged items (see Section 1.4 above) and reimbursement of cost of delivery for Citywide Guaranteed services (see 1.5 above). Any other losses related to late deliveries shall be the sole responsibility of the Customer.
1.8 On Citywide deliveries, packages are limited to 20kgs in mass and/or dimensions of 40cm (length, width or height) for motorbike transport. Larger shipments shall be carried in an appropriate vehicle and may incur additional charges due to change of vehicle.
1.9. MacSpeedy’s does not carry cash or goods exceeding in value US$5000 per load.
1.10. MacSpeedy’s reserves the right to subcontract its obligations under this agreement to a third party when and as if deems necessary or prudent, so long as it maintains responsibility for the timely and safe delivery of the customer’s goods.
2.1. The Customer may not send explosives, firearms, or illegal drugs in any of MacSpeedy’s services, domestic or international. The Customer indemnifies MacSpeedy’s against any loss or damage to persons or property occasioned as a result of the carriage of such items, and any legal repercussions thereto.
2.2. Pornography and sex toys are prohibited for import, export, or local distribution by the laws of Zambia.
2.3. By using MacSpeedy’s MML systems, the Customer agrees to abide by all rules and restrictions regarding prohibited items according to IATA International Standards, as well as all applicable laws of the nation of Zambia. MacSpeedy’s shall not be held responsible for the Customer’s claims to ignorance of said regulations nor to any legal consequences resulting from Customer violations of prohibited items regulations.
3.1. Where a Special Service is offered, such as stationing of a rider or employee on the Customer’s premises, the employee remains fully an employee of MacSpeedy’s MML, and not of the company to which this service is provided.
3.2. The said service is subject to the availability of the Designated Employee (if any) and MacSpeedy’s cannot be held liable for loss where such employee is unfit for work in terms of his agreement with MacSpeedy’s. In such circumstances, the Customer will be informed of the Designated Employee’s unavailability and every effort will be made to immediately substitute another worker to limit the inconvenience caused to the Customer.
3.3. MacSpeedy’s, at its sole discretion, may assign a different employee to a route, a station, or any area as it deems appropriate. MacSpeedy’s does not guarantee that a particular driver will always be assigned to the same place, as operations requirements or other reasons may lead to a change of station, route, etc for any given employee.
3.4. The Customer and MacSpeedy’s agree not to make any offers of employment or requests for any services from any member or employee of the other party without previous written request from the first party, and consent from the other party.
Shipping Weight and Packaging
4.1. MacSpeedy’s shall weigh and measure all parcels subject to kgs charges and/or volume weight charges. MacSpeedy’s uses certified scales for weighing.
4.2. The Shipping Weight charges shall be the greater of dead weight (weight on the scale) or Volume weight (the amount of room a parcel takes up).
4.3. Please note the volumetric weight will apply to all parcels which is calculated as Length X Breadth X Width (in centimetres) / 5000.
4.4. Parcel weights are rounded to the next nearest 0.5kg.
4.5 For Air Shipment of international imports or exports, the maximum weight of courier shipments is 30kg. Above this limit, items are considered Cargo, and as such may require additional processing and transit time. For rates on larger shipments, please consult the Provider’s International Shipping Department.
Restricted Items and Correct Packaging
5.1. Some items are designated as Dangerous Goods by airlines on which MacSpeedy’s ships its goods. Dangerous Goods may be transported but shall require additional packaging per airline regulations. Transportable Dangerous Goods may include but are not limited to: non-hazardous perfumes and creams, lithium batteries in devices, and other battery-powered electronics. NOTE: Customers are advised that lithium batteries by themselves are prohibited for transport by air. Customer is advised that Dangerous Goods packaging requires an additional fee, that shall be added to Freight Charges accordingly.
5.2a. Certain items may be restricted for international import or export, including but not limited to: food, seeds, pharmaceuticals, organic material, agricultural products, prescriptions, perishables, toxic or poisonous substances, explosives, oils, gases, et.
may also be restricted due to the laws of Zambia, including such things as food
5.2b. Customers are responsible to confirm whether any questionable items may be shipped
5.3. It is the Customer’s responsibility to provide full and correct contact information of the companie(s), contact person(s), phone number(s) and addresses of all orders. MacSpeedy’s shall not be held responsible for late shipments due to incomplete or incorrect information regarding recipients.
5.4. The Customer is responsible for correctly packaging and addressing all items to be delivered and any failure in this obligation which results in loss or damage to any Item or packaging will not be the responsibility of MacSpeedy’s.
5.5. Furthermore, the Customer may be required to pay an additional delivery fee where additional expense is incurred by MacSpeedy’s as a result of an incorrect address being given.
5.6. The Customer shall pay the Package Cost and any Additional Charges within the time limits specified above. Late payments shall attract interest at the StanChart kwacha rate as at date of invoice until date of full payment.
5.7. The Customer agrees to follow all applicable government laws for its orders placed through MacSpeedy’s, including and especially in regard to Prohibited Items. The Customer is responsible to know and understand said laws, and shall not hold MacSpeedy’s liable for any financial or other negative repercussions due to attempts to send prohibited or illegal items through the MacSpeedy’s delivery system.
Rates and Payment Terms
6.1. Rates quoted by MacSpeedy’s MML are subject to change at the discretion of MacSpeedy’s MML. For Customers under service agreement, any change to rates must be indicated to the Customer in writing, through e-mail or by physical letter on company letterhead at least 30 days prior to change of rate.
6.2. For Online Orders, Payment is due upon arrival of the Customer’s order in Zambia. All Online Shipping orders are cash on delivery, and may not be obtained on a credit basis.
6.3. Duty, VAT and other charges levied by the government of Zambia related to the value of the goods imported are the responsibility of the recipient, and not MacSpeedy’s MML. The Customer understands and acknowledges that all goods entering Zambia are subject to inspection by ZRA Customs and may incur duty charges or other charges (AIT, etc) at the discretion of ZRA Customs. It is not in any way the responsibility of MacSpeedy’s to pay these charges, as they are related to the contents of the goods, not to the movement and delivery of the goods themselves.
6.4. The Customer agrees and acknowledges that goods held by ZRA Customs shall require additional clearing charges (currently approximately ZMK 375 per order) in order to process the paperwork and release of the goods from ZRA Customs.
6.5. The Customer further agrees to promptly and immediately pay ZRA Customs charges of Duty, VAT and any other charges levied by the Zambian government, upon arrival of their goods at the border of Zambia (or, in the case of air freight, arrival at the airport). Such charges must be paid immediately and are not allowed to be put on the customer’s MacSpeedy’s corporate account.
6.6. Payment may be made via electronic transfer, cheque or cash. Cheques should be made out to: MacSpeedy’s MML.
6.7. Road Freight shipments, unless otherwise agreed in an addendum to this contract, are payable upon delivery (COD). Air cargo or courier shipment payments are due within 5 working days of the date of arrival of the shipment/parcel in Lusaka. Failure to pay shipping costs within 5 working days of arrival will result in the assessment of additional charges to the client at a minimum of 5% of the shipping costs per month. In the case of international consignments where the total shipping cost, including customs charges, exceeds K10,000, demurrage shall be charged at a rate of K650 per day.
6.8. Parcels left uncollected for more than 60 days shall be regarded as abandoned, and ownership of said parcels shall revert to MacSpeedy’s MML for the disposal and/or sale of the same, at the sole discretion of MacSpeedy’s MML.
6.9. MacSpeedy’s reserves the right to add interest charges in the case of delinquent payments.
6.10. Any exception(s) to the above terms must be pre-approved in and signed by both parties.
Confidentiality and Indemnity
7.1. MacSpeedy’s undertakes to keep confidential all information obtained from the Customer under this Service Contract except as may be required by law and all employees are required to accept such confidentiality obligations which obligations shall survive the termination of their employment with MacSpeedy’s. However, MacSpeedy’s shall not be held responsible for theft of data or unlawful sharing where the Provider did not wilfully distribute information to other parties.
7.2. MacSpeedy’s makes no warranties other than those expressly stated herein, if any.
7.3. The Customer warrants that the Authorized Contact Person and Alternate Contact Person named below have non – exclusive authority to communicate instructions to MacSpeedy’s and undertake all dealings with MacSpeedy’s on behalf of the Customer, including initiating orders, signing delivery notes, etc.7.4. This agreement including any specifically mentioned and incorporated appendices, documents and invoices constitutes the entire agreement between the parties.
7.5. The unenforceability of any provision of this agreement shall have no effect on the enforceability of any other provision herein.
7.6. This agreement is governed by the laws of Zambia.
7.7. The parties will endeavour to resolve any dispute arising under this agreement amicably. In the event that the parties are unable to resolve the dispute amicably, the parties agree to seek the arbitration of a neutral third party. Should that fail, the matter shall be settled by a court of competent jurisdiction in Zambia.
7.8. This Service Contract may be terminated by either party giving to the other written notice of intention to terminate of at least sixty days (60 days) and the Service Contract will then terminate at the month end following expiration of the notice period.
7.9. This agreement may be executed in any number of counterparts each of which when executed and delivered is an original, but all the counterparts together constitute the same document.