INTRODUCTION

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use ELN SHIPPING website if you do not accept all of the terms and conditions stated on this page.

The following terminologies apply to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Customer”, "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. “ELN SHIPPING”, "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing law of Nigeria. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

COOKIES

We employ the use of cookies. By using ELN SHIPPING website you consent to the use of cookies in accordance with our privacy policy. We use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

LIABILITY

ELN SHIPPING’s liability in respect of any shipment transported by air (including ancillary road transport or stops enroute) is limited to the declared value of the item as shown on the waybill/invoice.

CHARGES AND BILLING

The consideration payable to the us by the client for the handling of goods and related services, will be in accordance with the standard tariffs of ELN SHIPPING, to be paid as determined by the ELN SHIPPING from time to time. Our standard tariffs are available on request.
Shipment not claimed within 3 working days of its arrival shall attract a daily demurrage charge of ₦1000.

CONDITIONS OF GOODS

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 ELN SHIPPING shall at all times remain with the client, and no delivery note, receipt or other document furnished or signed at such time by or on behalf of the client shall constitute conclusive proof thereof.

RIGHT TO INSPECTION

ELN SHIPPING has a right to inspect the goods without prior notice to the client, which includes the right to open and examine the goods. The receiver is to ensure 100% inspection of goods, acknowledge condition of goods before departure at point of collection from courier as ELN SHIPPING will not be liable for any complaints afterward.

DELIVERIES

Shipments shall not be delivered to postal codes, but to the receiver’s address given by the client (which in the case of mail services shall be deemed to be the first receiving postal service and in the case of a central receiving area will be delivered to that area), not necessarily to the named receiver personally. If the shipment is deemed to be unacceptable, or receiver cannot be reasonably identified, ELN SHIPPING shall use reasonable efforts to return the shipment to client at client’s cost, failing which the shipment may be disposed of by ELN SHIPPING without incurring any liability whatsoever.

CARRIER LIEN

As security for money owed for the handling of the goods, ELN SHIPPING shall have a lien over all goods in its possession or under its control. Client’s warranties: The client shall indemnify and hold ELN SHIPPING harmless for any loss or damage arising out of the client’s failure to comply with any applicable laws or regulations, and for the client’s breach of the following warranties and representations: All information, descriptions, values and other particulars furnished to ELN SHIPPING is complete and accurate; The goods are the client’s sole property or ELN SHIPPING is authorized by the person owning the goods to enter into this agreement; The shipment is properly marked, addressed and packed to ensure safe transportation with ordinary care in handling; All applicable customs, import, export and other laws and regulations have been complied with. Payment of shipment fee by the client’s authorized representative. The terms and conditions in this agreement constitute binding and enforceable obligations on the client.

DANGEROUS GOODS

Client warrants that all goods handled are fit to be so handled in the ordinary way and are not dangerous goods. ELN SHIPPING will not handle any dangerous, corrosive, noxious, hazardous, inflammable or explosive goods or any goods which in its opinion are likely to cause damage; The client shall be liable for all losses or damage caused to ELN SHIPPING & third parties by all dangerous goods; If, in the opinion of ELN SHIPPING, any goods become a danger to any person or property, ELN SHIPPING shall be entitled to and without notice to the client take such steps as it deems fit with respect to the goods. In such event ELN SHIPPING shall not be liable under any circumstances for the value of the goods or for any other loss or damage sustained by the client or owner as a result of such steps or for any other loss or damage sustained by the client or owner as a result of such steps. However, ELN SHIPPING will still be entitled to recover from the client its remuneration for the handling of the goods together with any costs incurred by ELN SHIPPING.

PERISHABLE GOODS

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 client.

ROUTE

When carrying goods, ELN SHIPPING shall in its sole discretion decide what route to follow.

OUR OBLIGATIONS

It will be deemed that the we have discharged all our obligations in terms hereof, once we have delivered or handed the goods to the receiver stated in the waybill at the receiver's address or at any other address we have been requested to deliver to.

OUR LIABILITY FOR DAMAGE OR LOSS

ELN SHIPPING shall only be liable for direct loss and damage only and this shall be limited to the declared value of the shipment as stated on the waybill. All other types of loss or damage are excluded and this includes but is not limited to lost profits, income, interest, and future business. ELN SHIPPING shall not be liable for any loss or damage that is special or indirect, even if the risks (financial or otherwise) associated with such loss or damage was communicated directly or indirectly to ELN SHIPPING before or after the acceptance of the shipment. 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. If the client regards the limits provided as insufficient, then the client must make a special declaration of value and take out insurance on the shipment as directed by our staff so as to enable the client recover the full value of the goods, the payment of the premium shall be at the client’s expense, subject to the investigation and subsequent approval by our management. All claims must be submitted in writing to ELN SHIPPING within fourteen (14) days from the date that ELN SHIPPING accepted the shipment, failing which ELN SHIPPING shall have no liability whatsoever.

SUB-CONTRACTING

ELN SHIPPING reserves the right to employ sub-contractors to act for it, and shall have no responsibility or liability to the client for any acts or omissions of such third parties.

FORFEITURE

Shipments not picked up within 1 month shall be forfeited to ELN SHIPPING and ELN SHIPPING shall dispose of such shipment accordingly.

DISPUTE

In case of any dispute arising from shipment, such dispute shall be amicably resolved by the parties. If the dispute, difference or claim is not settled amicably, parties shall jointly appoint a sole arbitrator to arbitrate on the matter after which, such difference or Claim shall then be referred to the Abuja Multi-Door Courthouse (AMDC) for Mediation which shall be conducted in accordance with the AMDC Mediation Procedure Rules. The applicable Laws regarding this agreement are the Laws of the Federal Republic of Nigeria.

GENERAL TERMS

These terms constitute the sole record of the agreement between the parties. ELN SHIPPING shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein. No relaxation or indulgence which ELN SHIPPING may grant to the client shall constitute a waiver of the rights of ELN SHIPPING regardless of when it arose.

CUSTOMS DUTIES AND TAXES

Please note that customs duties and taxes may apply on your items in the destination country. ELN SHIPPING has no control over these charges as these tariffs are determined by the customs of the destination country. ELN SHIPPING shall not be responsible for any delays arising from customs border control. Client and receiver are responsible for providing all documentation needed for customs clearance. In the event the client or receiver fails to provide this, the client will be charged for the return of the shipment to the origin.

TECHNICAL POLICY

To ensure the effective evaluation and safe handling of technical gadgets, customers engaging in the shipping of such devices must grant permission for thorough testing. Failure to consent to testing relieves ELN SHIPPING of any responsibility for potential damages incurred during transportation or assessment. While every effort will be made to safeguard against physical and hardware damage, ELN SHIPPING explicitly disclaims liability for any software and hardware damage that may occur during the testing process. Customers 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 ELN SHIPPING from any claims related to both hardware and software damage. By proceeding without testing, the customer disclaims ELN SHIPPING’s liability for any hardware or software damage. Customers are encouraged to thoroughly review and acknowledge this policy before initiating the shipping process.

CHANGES TO TERMS AND CONDITIONS

ELN SHIPPING may change the terms and conditions and disclaimer from time to time. By browsing this website you are accepting that you are bound by the current terms and conditions and disclaimer and so you should check these each time you revisit the site.

CHANGES TO / OPERATION OF WEBSITE

ELN SHIPPING may change the format and content of this website at any time. ELN SHIPPING may suspend the operation of this website for support or maintenance work, in order to update the content or for any other reason. ELN SHIPPING reserves the right to terminate access to this website at any time and without notice.

JURISDICTION

These terms and conditions are governed by and to be interpreted in accordance with Nigerian law and in the event of any dispute arising in relation to these terms and conditions or any dispute arising in relation to the website whether in contract or tort or otherwise the Nigerian courts will have non-exclusive jurisdiction over such.

DISCLAIMER

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law. The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

CONTACT US

If you have any queries regarding any of our terms, please contact us at info@elnshipping.com