Our Terms And Policies

ELM delivery is an innovative service for effective logistics solution for the delivery of small cargo and large cargo for individuals and enterprises.And in other to protect oursELM and our customers, we have have set some terms and policeis that govern business relationship.

1 Roles of ELM

1.1.   The business of ELM is to arrange the receipt, packing, storing, transport, customs clearance, delivery and other handling of goods as a forwarding and customs agent and accordingly, except to the extent that an incidental part of the services is directly performed by TSL and except where the paragraph 2.2 applies the relationship between the Customer and ELM shall be that of principal and agent only.

1.2.   ELM may refuse to provide services to any person, or for any class of goods

1.3.   The Customer authorises ELM, as agent, to enter into contracts for the carriage and/or handling of the goods by any route or means with, and to entrust the goods to, any contractor or subcontractor on terms agreed between such persons and ELM, and agrees that such terms will bind the Customer, as principal.

1.4.   The Customer authorises ELM to depart from any instructions given by it or on its behalf in any respect if, in ELM’s opinion, it is necessary or desirable to do so.

2 Application of Conditions

2.1. Subject to paragraph 2.2, these Conditions govern all dealings between ELM and the Customer, including the provision of any advice or information and shall prevail over any terms and conditions in any document used by the Customer purporting to have contractual effect.

2.2. In any case where ELM issues a Bill of Lading or other transport document in which ELM is described as the carrier, the terms and conditions of such transport document (including all limitations and exclusions of liability) shall, to the extent of any inconsistency, prevail over these Conditions.

2.3. For the avoidance of doubt, if there is any matter dealt with in these Conditions that is not dealt with in any transport document issued by ELM, or which relates to a period of time or stage of transit not covered by such transport document, these Conditions shall apply to the maximum extent permitted by the law.

2.4. No modification or waiver of any term of these Conditions shall bind ELM unless in writing and signed by a Director or other representative of ELM holding written authority signed by the Director.

3. Parties Benefitting from or Bound by Conditions

3.1. These Conditions shall also benefit, and be enforceable by, every contractor, subcontractor, servant and agent of ELM.

3.2. The Customer warrants that it is authorised to accept and does accept these Conditions on behalf of all the other persons who have, or may acquire, any interest in the goods.

4. Application of legislation

4.1. Where any legislation applies to the services provided by ELM then:

(a) These Conditions shall be read subject to any provision which is mandatory;

(b) ELM shall be entitled to any rights, immunities from or limitations of liability under such legislation.

4.2. Without limiting the generality of paragraph 4.1:

(a) Sections 10, and 18 to 27 of the Carriage of Goods Act 1979 shall apply to the services provided by ELM only to the extent that they extend or enlarge ELM’s rights and powers under these Conditions;

(b) Where the Customer carries on a “business” as defined in the Consumer Guarantees Act 1993, it agrees it is acquiring the services of ELM for the purposes of that business and nothing in that Act shall apply.

5. Preparation and Packing of Goods

5.1. The Customer warrants that:

(a) all goods have been properly and sufficiently packed and prepared to withstand the risks of carriage and handling having regard to their nature and destination;

(b) all marks, weights, numbers, brands, contents, descriptions, values and other particulars furnished to ELM relating to the goods are correct; and

(c) the Customer has complied with all applicable laws and government regulations of any country to, from, through or over which the goods may be carried relating to the nature, packaging, labelling or carriage of goods.

6. Prohibited goods

6.1. Without prior notification and agreement, ELM will not accept or deal with:

(a) Goods which it is unlawful to carry or handle, or which can only be carried or handled with a permit;

(b) Dangerous goods or good likely to cause damage;

(c) Any perishable goods or goods which require special handling or packaging;

(d) Valuables of any kind;

(e) Household effects.

6.2. Where ELM agrees to accept or deal with any goods referred to in paragraph 6.1, the Customer will provide all documents and information relating to the goods (including any relevant permits) necessary to enable ELM to:

(a) Comply with the law; and

(b) Arrange for the goods to be carried or handled safely and in a manner which is likely to minimise loss.

6.3. If the Customer delivers any goods referred to in paragraph 6.1 to, or causes ELM to carry or handle the goods, or arrange for the goods to be carried or handled by any contractor or subcontractor without prior notification and agreement

(a) Neither ELM nor any such contractor or subcontractor shall be liable for any loss or damage whatsoever arising out of its dealings with the goods;

(b) The Customer shall be liable for all loss or damage whatsoever caused by, to or in connection with the goods however cause arising;

(c) the Customer shall indemnify ELM, the contractors, subcontractors and their respective servants, and agents against all penalties, claims, damages, costs and expenses whatsoever arising as a result; and

(d) in the case of goods referred to in paragraph 6.1 a, b, and c, the goods may be destroyed or otherwise dealt with at the sole discretion of ELM, the contractor, subcontractor or any other person in whose custody they may be at the expense of the Customer without ELM, the contractor, subcontractor or such person being responsible or accountable in any way.

7. Delivery

The goods shall be deemed to have been delivered when they are delivered to the address given to ELM by the Customer or consignee for that purpose.

8. Payment of Charges and Expenses

8.1. The Customer agrees to pay all charges made by ELM in accordance with the terms of any separate agreement relating to the services provided or, if there is no such agreement, ELM’s standard charges, and any other expenses (including, without limitation, taxes or duties) reasonably incurred by ELM in connection with the goods or the services provided by ELM.

8.2. ELM shall be under no obligation to incur or pay any expenses unless the Customer has provided ELM with sufficient funds to meet the same.

8.3. ELM may fix its charges by weigh, measurements or value, and may at any time have or require the goods to be re-weighed, re-measured or re-valued and re-fix its charges accordingly.

8.4. All quotations given by ELM are based on costs for freight, insurance and other charges, rates of exchange, taxes, duties and other imposts, prevailing at the date of quotation and on the latest available quotations from contractors and subcontractors used by ELM. If such costs increase at any time as a result of variations in any of the foregoing, the charges payable by the Customer shall increase accordingly.

8.5. ELM’s charges and expenses shall be deemed earned as soon as any handling of the goods has occurred. Unless otherwise agreed in writing, ELM’s charges and expenses shall be paid, without any deductions or set off and if not so paid, the Customer agrees to pay interest at 1.5 percent per month on the unpaid balance until the payment is made.

8.6. All charges as invoiced are deemed to be due in fully.

8.7. The Customer shall remain liable to ELM for all ELM’s charges notwithstanding any direction that the whole or any part of them shall be payable by some other person.

8.8. If at any time any payment due by the Customer to ELM is in arrears, ELM reserves the right to suspend any further services to that Customer. Any incidental charges arising from this suspension, such as storage, are also for the account of the Customer.

8.9. ELM reserve the right to recover all legal costs and incidental expenses as a result of expenses occurred recovering any outstanding monies owed or disputed.

8.10. ELM can make credit checks on the Customer as required on the Personal Property Securities Register “PPSR” and can further:

(a) Register ELM’s General Security Agreement on the PPSR for any debt due or any future interest or advances; and

(b) Register ELM’s security on the PPSR over the inventory and proceeds of sale of the inventory within a container

8.11. ELM reserves the right to offset any amounts receivable from the Customer against any amounts payable to that Customer or any company affiliated with the Customer. This right exists irrespective of the date the liability has been created or debt incurred with ELM.

8.13. Any costs incurred as levies, charges, billable items, excise, GST, fines or ancillary charges however incurred are to be paid by the consignee. These may also include (but are not limited to) storage, demurrage, detention, fumigation, destruction additional handling and administration costs.

9. Container Detention and/or Demurrage, Cargo Storage, Wharf Demurrage, Vehicle Waiting time, Power and Monitoring Charges.

9.1. The Customer acknowledges that all freight rates quoted include a limited amount of storage time in depots, ports and/or container hire in the case of full container shipments via sea transport. This applies in the case of the place of loading as well as the place of unloading.

9.2. Outside this time allowed in the freight charges, additional charges will apply. These charges vary according to the individual tariffs applicable but can be obtained upon request from ELM

9.3. Cartage charges do not include waiting time for vehicles delayed for whatever reason by the Customer. ELM reserves the right to recover from the Customer any costs associated with waiting time for vehicles arranged to carry the Customers cargo.

9.4. Freight charges for temperature controlled containers include a limited amount of cost to cover Power and Monitoring at the port of loading and the port of discharge. Outside of this additional costs will apply. These can be quoted by ELM upon request.

9.5. ELM will advise Customers prior to shipment in the case of exports and prior to arrival in the case of imports of the allowable time included in the freight charges. 9.6. The customer agrees that all charges, costs and expenses arising under clauses 9.1, 9.2, 9.3, 9.4 and / or 9.5, howsoever incurred, shall be payable in full by the Customer on demand, without any deductions or set off and if not so paid, the Customer agrees to pay any interest that may be charged on the unpaid balance until the payment is made.

10. Brokerage and other Remuneration

The Customer acknowledges that ELM may have a pecuniary interest in any contract entered into by TSL as its agent in terms of these Conditions and agrees that ELM may receive and retain all brokerage, commission, discounts, allowances and other remuneration paid by the other party to the contract and customarily received or retained by Shipping and forwarding agents and Insurance Brokers, in addition to the charges and expenses referred to in paragraph 8, and need not disclose to the Customer the nature or amount thereof.

11. Insurance

11.1. Freight charges payable to ELM by the Customer do not include insurance cover for the cargo carried.

11.2. Insurance of the goods is the responsibility of the Customer.

11.3. In the first instance any suspicion of loss or damage should be reported to the Customers Insurer.

11.4. ELM will arrange insurance on the goods as the agent of the Customer only if there is an express written agreement to do so between TSL. Any such insurance:

(a) may in the discretion of ELM, be on a separate, or an open or general policy;

(b) Shall be at the expense of the Customer; and

(c) Will be subject to the usual exceptions and conditions of the policies of the insurer accepting the risk.

If the insurer disputes liability for any reason, the Customer shall have recourse against the insurer only and ELM shall not be under any responsibility or liability, notwithstanding that the premium on any policy may not be the same as that charged to or paid by the Customer.

14. Actions against ELM

14.1. ELM shall be under no liability whatsoever unless:

(a) written notice of any claim, giving full particulars of any alleged loss or damage, is received by ELM within fourteen (14) days after delivery of the goods or the date when they should have been delivered;

(b) any action shall have been commenced by the Customer in a Court of competent jurisdiction within six (6) months from the date of dispaELMh of the goods.