Terms and Conditions

These Terms and Conditions (“Conditions”) sets out the terms and conditions upon which A-B Cargo Express Limited (“A-B Cargo Express”, “we”, “our”) enter into a contract with you as sender of your parcel to Nigeria or any other agreed location (the “Customer”, “you”). These Conditions are automatically incorporated into your contract with us and sets out the limitations of liability of A-B Express Cargo to its Customers. These Conditions exclude liability of A-B Cargo Express and its members, directors, employees, consultants and agents for loss, damage and delay in certain circumstances. Customers should note these Conditions carefully and where necessary obtain independent insurance cover in order to protect their interests. A-B Cargo Express does not provide insurance for your goods.

• Ensure to check your parcel at the time of receiving it. Once received, we are no longer responsible for your goods
• Your goods may be seized or disposed of by customs controllers if restricted items are put in the goods. We assume no responsibility or liability to you if your goods are disposed of or seized by customs
• You are not permitted to and undertake that you will not include any hazardous, dangerous or illegal items in your goods
• If your goods have not been delivered or picked up by your receiver in Nigeria and we have not been able to contact you, and no enquiry has been made by you within 10 weeks, we will dispose the parcel without any notice given to you
• If your goods have been sent to Nigeria and you have not fully paid within 10 weeks, we will dispose of the goods without any notice given to you
• If your goods have been left in the London office and you have not paid for the goods to be sent to Nigeria or any other destination which is outside of the UK within 4 weeks of the date of receipt by the London office of your goods, we will dispose of the goods without any notice given to you Your goods will usually be delivered within 2 weeks if sent by air, and within 6 to 8 weeks if sent by sea. However, there may be delays if the carrier or customs office has delays, is disrupted or closed or due to unforeseen circumstances. A-B Cargo Express does not guarantee a delivery date and is not liable to you for any delays under any circumstances
• All deliveries will be conducted subject to customs clearance
• If any threats or any abusive language is used on members of our staff, there will be no refund and parcel will be disposed without any notice
• There is no warranty for any war condition or any natural disaster or pandemic, endemic or grounding of aeroplane or loss at sea or other conditions outside of the control of A-B Cargo Express.

Our obligations and exclusions:

• A-B Cargo Express shall use its reasonable endeavours to deliver the parcel to its office in Nigeria or the delivery address specified on or around the time specified.
• A-B Cargo Express shall not be liable for any delay in delivery.
• A-B Cargo Express shall not be liable for loss of or damage to or mis-delivery or delayed delivery of the goods occasioned by: o Act of God; including but not limited to fire, drought, earthquake, adverse weather, storm tempest or flood or epidemic or pandemic or other natural disaster o Act of war hostilities, armed conflict or civil war, civil commotion or riot, invasion or the threat or fear of such conditions prevailing, or act of foreign enemies, hostilities (whether war be declared or not), rebellion, revolution, insurrection, military or usurped power or confiscation o Seizure or destruction by customs o Criminal malicious or negligent actions or acts or omissions of third parties o Civil emergency (whether an emergency be declared or not) o Nationalization, requisition, destruction or damage to property by or under the order of any government or public or local authority, governmental or authoritative lock down or similar o Industrial action or unforeseeable traffic conditions, to include any unforeseeable breakdown o The effect of ionising radiation or uncontrolled nuclear reaction, chemical or biological contamination or sonic boom, pressure waves caused by aircraft traveling at sonic or supersonic speeds o Suspension or cancellation of transport services by reason of or of the threat or fear of inclement weather or technical problems experienced by the airline or shipper o Fire-lighting or explosion o Seizure or destruction under legal process o Act, default or omission of whatever nature of the Customer, his employees or agents or any person having any interest in the goods o Armed or unarmed robbery o Insufficient or improper packing labeling or addressing by the Customer, his employees or agents or any person having an interest in the goods o Embargo, blockage, imposition of sanctions or breaking off diplomatic relations or similar actions o Law, or governmental order, rules, regulations or directions, judgment, order, decree or governmental (or similar regulatory or other body) advice or guidelines o Labour dispute, including but not limited to, strikes, industrial action, lockouts or boycott o Interruption or failure of utility service including to electric power, gas, water, internet or telephone or online banking services o Loss at sea o Collapse of building structures o Failure by the aircraft or ship or motor vehicle or any third-party carrier to deliver the goods to the given destination o Non-performance by suppliers or sub-contractors o Malicious or negligent damage or other act o Any other unforseen or unforeseeable circumstances.

Your Obligations:

The Customer represents, warrants and undertakes:

• That in relation the goods, the Customer is the sole legal and beneficial owner of the goods and can enter into this contract and be bound by its terms.
• If in the event that the goods are owned by someone other than the Customer, you will notify us prior to handing the goods to us. If we agree to carry the goods, you represent and warrant to A-B Cargo Express that you have the authority of the owner to make decisions regarding the goods and to send the goods and make a contract with A-B Cargo Express in respect of those goods. The contract will be between you as Customer and A-B Cargo Express as Service Provider. A person who is not a party to the contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or to enjoy the benefit of any term of our contract and any other agreements we have with you and such persons shall not be permitted to make a claim. Notwithstanding the above paragraph, in the event of a claim by any third party against A-B Cargo Express arising out of your dealings with A-B Cargo Express, you undertake to indemnify A-B Cargo Express against all claims, losses and damages, and all legal and other fees, costs and expenses incurred by A-B Cargo Express will be paid by you, except to the extent that you establish that A-B Cargo Express would have been liable to you had the original claim been made by you but on the assumption that you had retained title to the goods
• To give any instructions requested by A-B Cargo Express in pursuance of the clause above as soon as reasonably practicable. In any event, A-B Cargo Express is not obligated to comply with your instructions and may take any such action or inaction as it sees fit.
• To make all payments immediately when due.

Ordering goods to our office:

• To call us if you plan to order any goods to our office to make pre-arrangements to do so.
• You are not permitted to order goods to our office unless we have expressly agreed to such arrangement.
• You may be subject to a membership, packing or other fees for ordering goods to our offices to be packed and sent to Nigeria and we will agree such fees with you separately
• If your goods are received at our offices in London, they must be sent to Nigeria and you are not able to cancel or withdraw your goods once they have reached our offices in London

Limitation of liability:

• The liability of A-B Cargo Express in the event of loss of or damage to or mis-delivery of the goods (where the company’s liability is not otherwise excluded) shall not exceed £5 per kilo and does not cover the cost of the goods or the cost of repairing any damage or of reconditioning or replacing the goods, subject always to a maximum aggregate liability of £150 per consignment (or part thereof in the case of an event affecting part only of the consignment).
• A-B Cargo Express shall not be liable for any physical loss, mis-delivery or damage to any goods, unless A-B Cargo Express has specifically agreed in writing prior to transit commencing to carry such items and the customer has agreed in writing to reimburse the carrier in respect of all additional costs including insurance costs which result from the carriage of the said items and the loss, mis-delivery or damage is occasioned during transit and is proved to be due to the negligence of the company, its employees or agents.

Cancellations

• You may cancel your order before we dispatch your goods. If you do, you'll be responsible for any costs we've already incurred in preparing your shipment. Once we've dispatched your goods, cancellation is no longer possible as the service has begun. By using our service, you acknowledge that your right to cancel ends when we dispatch your goods.

Excluded goods:

The customer shall not submit for carriage any Excluded Goods, illegal or prohibited items and A-B Cargo Express may at any time abandon the carriage of any goods at any time at its sole discretion.

The following are Excluded Goods:

• Explosive and inflammable articles, firearms (including parts of any firearms ammunition) and detonators
• Dangerous goods
• Any article; the possession of which in or the importation of which into any country from through or to which the carriage is to take place is illegal or prohibited
• Any article prohibited as hand luggage by airlines
• Any written printed or pictorial matter which is obscene, blasphemous, scandalous, defamatory, proscribed or prohibited.

Transit:

• Transit shall be suspended for any unforeseeable reason.

Loading and unloading:

• On collection or delivery, at a Customer’s receiver or Customer’s premises, A-B Cargo Express shall be under no obligation to provide plant, power or labour for loading or unloading.

Dangerous goods:

• A-B Cargo Express does not contract to carry or store dangerous, verminous, infested, contaminated or condemned goods.

Limits for claims:

• In any event, any damaged goods must be made available to the inspection of A-B Cargo Express
• A-B Cargo Express shall not be liable for any loss or mis-delivery, unless a claim is made in writing by the customer within 20 days of transit commencing and the claims is made in writing within 42 days after transit began and any such claims shall be excluded or limited in accordance with these terms and conditions.
• A-B Cargo Express does not insure customers goods. The Customer shall self-insure or make arrangements to cover the Goods against all insurable risks to their full insurable value (including all duties and taxes) with any right for the insurer to bring a subrogated claim against the A-B Cargo Express being excluded.
• A-B Cargo Express is not liable for any indirect, consequential, special or punitive loss or damage or loss of profits or business. We accept goods for carriage on the basis that we will use reasonable endeavours. Under no circumstances shall we be liable in the event of consequential loss, special damages or other indirect loss or damage or loss of profit, however arising.
 
• In no case shall A-B Cargo Express be liable for any lost profit, income or savings, wasted expenditure, or indirect or consequential loss.
• Packaging of goods is the responsibility of the Customer, this includes all inner and outer containers cartons and the labelling identifying the goods as hazardous.
• A-B Cargo Express accepts no responsibility for any goods that are packaged or labelled incorrectly and are delayed or incur additional costs as a result. Any such costs will be the responsibility of the consignor to cover. Any costs incurred due to damage or a spillage, as a result of poorly presented or unsecured freight, will be chargeable to the consignor.
• A-B Cargo Express shall in any event be discharged from all liability whatsoever in respect of the goods, unless proceedings are commenced within a period of 10 weeks from the termination of transit or in the case of loss or mis-delivery or non-delivery of the whole consignment, from the said 20 days.
• The agreement between us including these Conditions and any non-contractual obligations arising out of or in relation to this agreement shall be construed and governed by the Laws of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England in respect of any dispute in relation to this agreement and any non-contractual obligations arising out of or in relation to the agreement between us including these Conditions.

Review of our t&c's

We keep our terms under regular review. The terms and conditions was last updated in August 2020.