Commencement and Applicability
- Commencement of this contract occurs when a Parcel in which a Customer has any interest in whether as purchaser, recipient, sender or otherwise, is addressed to or intended to be received at a Designated Address.
- By making use of the Designated Addresses in any way, you accept these Terms & Conditions and contract with MacSpeedy’s on the basis hereof.
- MacSpeedy’s is a private carrier and all Services are contracted on the terms herein contained.
- Any person benefiting from the Services does so on the basis of these Terms and Conditions.
- Any person who intends to receive Goods by way of a Designated Address shall advise the sender of such Goods that use of the Services is subject to these Terms and Conditions.
- MacSpeedy’s enters into this contract of carriage for and on behalf of themselves and the Contractors and their respective servants, employees and agents all of whom shall have the benefit of the contract and shall be under no liability to the Customer or anyone claiming through him in respect of the Goods greater than or in addition to that of MacSpeedy’s hereunder.
- The Customer warrants the authority of any person dealing with MacSpeedy’s or using the Services on behalf of or for the benefit of the Customer and undertakes to be responsible for the acts and omissions of such person whether jointly with such person or otherwise.
- For the avoidance of doubt, persons using the Services in respect of the same Item shall be jointly and severally liable hereunder.
- The Customer authorizes MacSpeedy’s to engage such third parties (Contractors) as MacSpeedy’s shall in its sole discretion deem necessary for the purposes of taking delivery of Goods at the Designated Addresses, inspecting, re – packaging, labelling, transporting and clearing the same or carrying out any other activity on behalf of MacSpeedy’s in order to effectively render the Services from time to time.
- Every Parcel shall be addressed to the Customer or other intended recipient at a Designated Address and in accordance with the requirements of MacSpeedy’s from time to time and shall be accompanied by the Item Information which, for the avoidance of doubt, may be given electronically.
- MacSpeedy’s will receive Goods at the Designated Addresses on behalf of the Customer.
- Items may be carried by air or by road and MacSpeedy’s may employ Contractors to carry Items for all or part of the transit. These General Terms shall apply whether Goods are carried by air or by road and whether by MacSpeedy’s or by any Contractor.
- The Customer authorises MacSpeedy’s to open and inspect any Parcel.
- No acknowledgement of receipt of a Parcel by MacSpeedy’s shall constitute evidence of the condition or of the correctness of the declared nature, quantity or weight of the Parcel at the Designated Address or elsewhere.
- The Customer undertakes to supply all Item Information in a timely manner.
- The Customer warrants the accuracy of all information supplied by or on behalf of the Customer.
- The Customer acknowledges and accepts that shipment of their Items may be delayed by any delay in providing the Item Information.
- Item Information may be used by MacSpeedy’s as required by any applicable law, authority, regulation or policy and the Customer acknowledges that no expectation of privacy is held by the Customer as regards any Item.
- The preceding clause notwithstanding, MacSpeedy’s will not make unwarranted disclosure of the Item Information to a Third Party not falling within the provisions of clause 9 above without reasonable cause.
- MacSpeedy’s will not be obligated to ship any Parcel until it is satisfied that the Item Information in respect thereof is accurate.
- Notwithstanding clause 11 above, MacSpeedy’s reserves the right to rely on information supplied by the Customer in respect of any Item and will not be liable for any misinformation or for loss occasioned by such misinformation.
- The Customer shall be liable for any loss occasioned by the inaccuracy of any information so supplied and fully indemnifies MacSpeedy’s against any such loss, including consequential or indirect loss.
- In the absence of written notice to the contrary given to MacSpeedy’s prior to shipment of any Item to a Designated Address, all goods are warranted by the Customer as being fit to be carried or stored in the condition in which they are delivered to the Designated Address.
- MacSpeedy’s will accept no liability for inadequate packaging of goods.
- MacSpeedy’s reserves the right but shall not be obligated, at its sole discretion, to re-package any Item at the Designated Addresses and the Customer irrevocably undertakes to reimburse MacSpeedy’s for all costs of and associated with such re – packaging on a full indemnity basis.
- The Customer will pay all Fees which accrue in respect of any Goods in which the Customer has an interest whether jointly with another person or otherwise.
- Fees are payable in advance.
- In the event that any Fees are payable in a currency other than Zambian Kwacha, the Customer may pay the same in Zambian Kwacha at the Commercial Bank Selling Rate as at the date and time of payment.
- Unpaid fees shall incur interest at the Standard Chartered Bank Kwacha Lending Rate from the date on which they fall due or their respective invoice date, whichever is the earlier, until payment in full is received by MacSpeedy’s.
- The Customer shall not use the Designated Addresses for any purposes connected to a Prohibited Item.
- Notwithstanding anything else herein contained, MacSpeedy’s will not be liable for the transport of any Prohibited Item.
- The Customer accepts full and unlimited responsibility of the shipment of any Prohibited Item.
- The Customer indemnifies MacSpeedy’s against all loss whatsoever and howsoever arising occasioned by the breach of the Customer’s obligations in respect of Prohibited Items.
- The Customer shall not ship more than five (5) electronic devices in one Parcel.
- All electronic devices should be switched off at the time of receipt at a Designated Address.
- The Customer is required to Contact MacSpeedy’s for shipment of an item exceeding US$2,000 in value.
- The Customer indemnifies MacSpeedy’s against all loss whatsoever and howsoever arising occasioned by the breach of the Customer’s obligations in respect of Restricted Items.
- The Customer accepts that MacSpeedy’s is required to comply with all airline restrictions, which may delay or prohibit the shipment of the customer’s goods.
- The customer acknowledges that additional fees for services
While MacSpeedys always seeks to meet the requests of its clients, we must also abide by regulations of the airlines, suppliers and governments involved in transport of international shipments. The following Prohibited and Restricted lists are meant to guide customers on what either cannot be sent (PROHIBITED) or are restricted Dangerous Goods (RESTRICTED). Be advised that Prohibited items shipped to the facility will be disposed of as they are not allowed on flight. If you have queries about what is acceptable for shipment, call 0969-773-339 or 0962-111-787.
Right to Dispose of Goods
- MacSpeedy’s may destroy or otherwise dispose of any Goods at a Designated Address in the following circumstances:
- If the Goods consist of or include any Prohibited Items;
- If the intended recipient cannot be ascertained after reasonable efforts, in which case any costs incurred by MacSpeedy’s may be recovered by sale of the Goods within fourteen (14) days of receipt at the Designated Address;
- If a Customer so instructs;
- If required to do so by any authority or regulatory body.
- MacSpeedy’s may dispose of any Item in Zambia for value or otherwise if:
- Not less than thirty (30) days have passed since the arrival of the Item at a MacSpeedy’s facility in Lusaka; and
- reasonable attempts to deliver the same to the Customer’s given address have failed on not less than three occasions; and
- reasonable attempts to contact the Customer using their given contact details have failed and/or proved unfruitful; or
- any Fees in respect of the Item(s) are outstanding; or
- Pursuant to clause 41 below; or
- the Customer informs MacSpeedy’s that the Customer does not intend to take delivery of the Item; or
- any authority or regulatory body so requires.
- Where Items are disposed of pursuant to clause 39. above, MacSpeedy’s reserves the right to recover any amounts owing to it from the Customer by sale of the said Items after reasonable efforts have been made to contact the Customer provided that nothing in the preceding two clauses shall limit or reduce the liability of the Customer to MacSpeedy’s under this contract and any Fees owing in respect of such Item shall be recoverable as a debt from the Customer.
- Goods delivered to a Designated Address will be received and held by MacSpeedy’s subject:
- To a lien for moneys due to MacSpeedy’s for the Services and other proper charges and expenses upon or in connection with such Goods;
- To a general lien for any money or charges due to them from the Customer or any other person having an interest in such Goods for any services rendered or accommodation provided in the course of business
- In case any lien is not satisfied within reasonable time from the date upon which MacSpeedy’s first gave notice of the exercise of their lien to the Customer or other person interested therein, the Goods may be sold and the proceeds of sale applied in or towards the satisfaction of every such lien and all proper charges and expenses in relation thereto and MacSpeedy’s shall account to the Customer or other interested person for any surplus.
- Unless otherwise agreed with the Customer, MacSpeedy’s will deliver Parcels to the Delivery Address on any Working Day between 0700 hours and 1800 hours.
- Any unsuccessful attempts at Delivery by MacSpeedy’s to a Customer not attributable to default by MacSpeedy’s shall be at the cost of the Customer.
- MacSpeedy’s will not be liable for any delay in delivery of an Item occasioned by a failure, after reasonable efforts, to locate the Delivery Address.
- MacSpeedy’s shall not in any case be liable for loss arising from a failure or delay by the Customer or other intended recipient in taking Delivery of any Item.
- MacSpeedy’s is entitled to deliver any Item to any person appearing to MacSpeedy’s at the time to be of not less than twelve (12) years of age at the Delivery Address provided that MacSpeedy’s shall not be liable where such person is not, in fact of that age.
- MacSpeedy’s shall not be liable in the event that a Customer suffers loss as a result of the acts or omissions of any person with whom an Item is left at the Delivery Address provided that MacSpeedy’s procures the signature of such person in acknowledgement of receipt of a Parcel or is otherwise able to prove that Delivery was effected.
- Where an attempt at Delivery is carried out by MacSpeedy’s in accordance with these Terms and Conditions and is unsuccessful, the Customer shall be liable for payment of the Subsequent Delivery Charge for each subsequent attempt by MacSpeedy’s to effect Delivery.
- Notwithstanding any other provision of these Terms and Conditions, where Delivery has not been effected within seven days of receipt of an Item at a MacSpeedy’s facility within Zambia, the Customer shall be liable to pay MacSpeedy’s the Storage Cost and Surcharge for every month during which the Item remains in the possession of MacSpeedys.
- MacSpeedy’s shall not be liable for loss of or damage to any Item or delay in delivery resulting from force majeure.
- MacSpeedy’s shall not be liable for seizure of any Goods under legal process in any jurisdiction.
- MacSpeedy’s shall not in any case be liable for indirect or consequential damages.
- Where a Customer is not the intended recipient of Goods, the Customer shall be liable jointly and severally for all Fees and for all acts or omissions of the intended recipient.
- MacSpeedy’s liability in respect of any Item is limited to the insured value thereof.
- Notwithstanding anything else herein contained MacSpeedy’s will not accept any liability where the act or omission of the Customer or any third party has caused the insurance policy of MacSpeedy’s to be void or voidable in respect of the loss in question.
- This contract is governed by the laws of the Republic of Zambia.
- Notwithstanding the above and due to the international nature of the Services provided, the Customer acknowledges that restrictions apply under the laws and regulations of other jurisdictions and international treaties which may change from time to time. The Customer undertakes to abide by such laws and regulations.
- Particularly in reference to clause 39 above but without limitation, the Customer acknowledges that the list of Prohibited Items and provisions pertaining to Restricted Items may be subject to regular change without notice and the Customer undertakes to ensure that no Goods in which the Customer has an interest could be classified as Prohibited Items at any time and that the limitations on Restricted Items are complied with.
- The Customer may insure Items through MacSpeedy’s or otherwise.
- In the event of third party insurance being obtained, the Customer undertakes to provide information of such insurance to MacSpeedy’s on request.
- The Customer is obligated to insure any High Value Items.
- MacSpeedy’s will not be liable for loss to any High Value Item for which insurance was not purchased by the Customer.
- The Customer is responsible for notifying MacSpeedy’s of the shipment of any High Value Item in advance.
- The Services shall be deemed to have been rendered by MacSpeedy’s on Delivery or, where Delivery fails, upon reasonable attempts at Delivery by MacSpeedys in accordance with these terms.
- These Terms and Conditions are subject to change at any time without Notice. The Customer undertakes to acquaint him/herself with these Terms and Conditions on a regular basis.
- Each provision of these Terms and Conditions is severable.
- These Terms and Conditions are intended to enure to the benefit of and bind each party’s respective successors in title and assigns.
- These Terms and Conditions and the Ancillary Information embody the whole contract between the Parties touching on the subject matter hereof.
- No warranty or undertaking not herein contained shall be valid or enforceable against MacSpeedy’s.
- Headings are for ease of reference only and shall not affect interpretation of these Terms and Conditions.
- Nothing in this contract shall be construed or interpreted by reference to the contra proferentem rule.
- GUARANTEE OF AUTHORISATION: The person who signs this agreement on behalf of the Customer guarantees that he/she is authorized to represent the Customer. If the Customer disputes the authority of the signatory, then the signatory agrees that he/she will be personally liable to MacSpeedy’s MML for the fulfilment of all the Customer’s obligations;
- The Customer warrants that all the information supplied by it to MacSpeedy’s MML is accurate, true and complete and correct and will continue to remain so in all respects;
- The Customer will be obliged to inform MacSpeedy’s MML within 7 business days if any of the information supplied in the service contract, credit application, and any other documentation changes, including change of Director, Member, Shareholder, Owner or Partner or address or the selling or alienating the Customer’s business and failure to do so will constitute a material breach of the Agreement. Upon receipt of such written notification, MacSpeedy’s reserves the right, at its sole discretion, to withdraw any credit facility advanced to the Customer; and
- The Customer acknowledges that this warrant and undertaking given is deemed to be material and to be a material representation inducing MacSpeedy’s MML to extend credit to the Customer.