CUSTOMER CONTRACTUAL AGREEMENT AND GENERAL TERMS
These terms and conditions (“Terms”) of service are effective immediately and are subject to change without notice. These Terms supersede and replace all previous Terms published by Esson Solutions. Please read our Terms carefully because they affect your legal rights.
The following Terms shall apply to all services performed by Esson Solutions and shall be binding on all customers, shippers, importers, exporters, senders, receivers, owners, consignors, consignees, and all other parties (“Customer”) to whom Esson Solutions provides services to as described in these Terms. These Terms shall constitute a binding contract on the Customer described above to whom Esson Solutions provides services. These Terms supersede and negate any claimed, alleged or asserted oral contract, promise, representation or understanding among the Customer with respect to services performed.
All quotes for service are subject to change without notice unless specifically agreed to in writing between the Customer and Esson Solutions. Additional fees may be assessed if the shipment weighs more than the value entered by the Customer or if the dimensions are larger than the value entered by the Customer or if the shipment distance is greater than the Customer selected for the quote. Quotes for insurance is provided by the Insurance Company and is subject to their changes.
By acceptance of the quote to use Esson Solutions, Customer agrees to these Terms. Only prior written consent from Esson Solutions can modify these Terms.
All Customers acknowledge that they are not shipping any PROHIBITED items. All Customers are PROHIBITED from shipping any of the following items:
- Any Dangerous Goods or Hazardous Waste.
- Money, including, but not limited to, cash, coins, currency, postage stamps, negotiable instruments, money orders and any of the like or equivalent.
- Live animals or animal carcasses, however this does not apply for products intended for human consumption.
- Human remains, including, but not limited to human body parts.
- Counterfeit goods, including, but not limited to knock-offs or fake goods under Trademark that are identical or substantially indistinguishable from a registered trademark.
- Common Fireworks.
- Weapons and other Firearms.
- Items that require Esson Solutions to obtain a local, state, or federal license for their transportation.
- Anything illegal, including, but not limited to contraband, marijuana, and other recreational drugs.
WARRANTIES AND LIABILITIES AND LIMITATIONS OF LIABILITIES
The Customer agrees that Esson Solutions is not liable for the loss or damage of any PROHIBITED item. The Customer agrees to indemnify Esson Solutions for any and all costs, including, but not limited to, legal costs, fees, and expenses that Esson Solutions incurs as a result of Customer’s violation of any local, state, or federal laws or regulations as a result of shipping any PROHIBITED item.
Customer provides WARRANTY to Esson Solutions that it will not ship any of the PROHIBITED items listed above; it is the owner or authorized agent of the owner of the goods and accepts the Terms not only for itself, but also as an agent on behalf of the owner; all goods are properly marked and or labeled; all goods are properly prepared and packaged to protect the goods from loss or damage; and agrees to comply with all applicable laws of any jurisdiction to, from, or through which the shipment may be carried.
Esson Solutions has the right to inspect or weigh any shipment. Based on a good faith determination of the shipment, Esson Solutions can refuse to carry the shipment if Esson Solutions suspects a PROHIBITED item is in the shipment or any applicable law will be violated. Furthermore, all shipments may be subject to inspection by Government Officials or other individuals who are authorized by the government to inspect shipments. No liability shall be incurred by Esson Solutions for any of the above inspections.
Esson Solutions shall not be liable for any loss, damage, non-delivery caused by:
- Acts of God, war, threat or acts of terrorism, riots, strikes, weather conditions, public authorities acting within actual or apparent authority, or any other authority of law.
- Shipment of PROHIBITED items.
- Violation of the Customer to observe any of the rules contained in these Terms.
- The loss of any personal or financial information
- Loss or irretrievability of data stored on storage mediums
The liability for loss or damage claims for a shipment that does not have an insured value or declared value will be limited to up to 5000 Naira per shipment box or the fair market value of the items, whichever is less. If insurance is purchased by the Customer for the shipment and a claim is made through the Insurance Company, then the Insurance Company will be liable to the Customer and no liability will be incurred by Esson Solutions. The Customer will have the option of purchasing insurance at the time they accept the quote for services.
All Claims for loss or damage for a shipment must be filed in writing and sent to Esson Solutions. If a claim for loss or damage is not filed within 10 days from the scheduled date of delivery, Esson Solutions shall not be liable for any claims and no further action may be brought again Esson Solutions in any court of law.
Esson Solutions can deliver the shipment by any means, routes, and method that it sees fit unless instructions were given beforehand by the Customer in writing and these instructions were agreed to by Esson Solutions. The dimensions and weight of the shipment must be specified on the Bill of Lading. Any special handling instructions must be given in writing to the Esson Solutions.
Due to our business model, Esson Solutions will only provide a FULL REFUND if cancellation is requested 3 hours or more prior to the scheduled delivery service. If cancellation is requested less than 3 hours of the scheduled delivery service, Customer will be charged CANCELLATION FEE of 50% of the original price.
IMPORT AND EXPORT COMPLIANCE
Esson Solutions and Customer will comply with all applicable import and export laws of the United States.
CHOICE OF LAW
Esson Solutions and Customer agree to the application of the laws of Lagos State to govern, interpret, and enforce all of the parties’ respective rights, duties, and obligations arising from, or relating to, the subject of these Terms, without regard to conflict of law principles. Esson Solutions and Customer hereby agrees to waive its rights to a jury trial.
If any unlawful and/or unenforceable clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the clause will continue in effect (unless that would contradict the clear intention of Esson Solutions and Customer, in which case the entirety of the relevant clause will be deemed to be deleted.
Only a signed written agreement between Esson Solutions and Customer can modify these Terms.
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