sales@whitelxpress.com
1. No variations of condition The handling of the goods shall be subject to the conditions stated herein unless specically varied by the WLX rider.
2.1 The consideration payable to the WLX rider by the E-commerce/Corporate firm for the handling of goods and related services, will be in accordance with the standard tariffs of the WLX rider, to be paid as determined by the WLX rider from time to time.
2.2 The WLX rider standard tariffs are available on request.
2.3 Shipment not claimed within 3 working days of its arrival shall attract a daily demurrage charge.
3.1 The onus of proving the quantity, type, physical properties and composition and the condition of the goods and/or the condition of any container at the time of receipt thereof by the WLX rider shall at all times remain with the E-commerce/Corporate firm, and no delivery note, receipt or other document furnished or signed at such time by or on behalf of the WLX rider shall constitute conclusive proof thereof
4.1 The WLX rider has a right to inspect the goods without prior notice to the E-commerce/Corporate firm, which includes the right to open and examine the goods.
4.2 Receiver is to ensure 100% inspection of goods, acknowledge condition of goods before departure at point of collection from courier.
5.1 Shipments shall not be delivered to Postal codes, but to the Receiver’s address given by the E-commerce/Corporate firm (which in the case of mail services shall be deemed to be the rst 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 identied, WLX shall use reasonable eorts to return the Shipment to E-commerce/Corporate firm at E-commerce/Corporate firm’s cost, failing which the Shipment may be disposed of by WLX without incurring any liability whatsoever.
6.1 As security for money owed for the handling of the goods, the WLX rider shall have a lien over all goods in its possession or under its control.
6.2 if any money owed to the WLX rider is not paid by the E-commerce/Corporate firm within 30 days after they have become due, the WLX rider shall be entitled without further notice to dispose of such goods in any way whatsoever.
7.1 All information, descriptions, values and other particulars furnished to the WLX rider is complete and accurate;
7.2 The goods are the E-commerce/Corporate firm's sole property or the E-commerce/Corporate firm is authorized by the person owning the goods to enter into this agreement;
7.3 the waybill has been signed by the E-commerce/Corporate firm’s authorized representative and the terms and conditions in this Agreement constitute binding and enforceable obligations on the E-commerce/Corporate firm;
7.4 The shipment is properly marked, addressed and packed to ensure safe transportation with ordinary care in handling;
7.5 All applicable customs, import, export and other laws and regulations have been complied with.
8.1 E-commerce/Corporate firm warrants that all goods handled are to be so handled in the ordinary way and are not dangerous goods;
8.2 The WLX rider will not handle any dangerous, corrosive, noxious, hazardous, inammable or explosive goods or any goods which in its opinion are likely to cause damage;
8.3 The E-commerce/Corporate firm shall be liable for all losses or damage caused to the WLX rider and/or third parties by all dangerous goods
8.4 If, in the opinion of the WLX rider any goods become a danger to any person or property, the WLX rider shall be entitled to and without notice to the E-commerce/Corporate firm take such any steps as it in its sole discretion in respect of the goods. In such event the WLX rider shall:
8.4.1 Not be liable under any circumstances for the value of the goods or for any other loss or damage sustained bythe E-commerce/Corporate firm or owner as a result of such steps; and
8.4.2 Still be entitled to recover from the E-commerce/Corporate firm its remuneration for the handling of the goods together with any costs incurred by the WLX rider.
9.1 Perishable goods which are not taken up immediately upon arrival at their destination or which are insuciently marked or otherwise not identiable may be disposed of without notice to E-commerce/Corporate firm.
10.1 When carrying goods, the WLX rider shall in its sole discretion decide what route to follow.
11.1 It will be deemed that the WLX rider has discharged all its obligations in terms hereof, once the WLX rider has delivered or handed the goods to the receiver stated in the waybill at the receiver's address or at any other address the WLX rider has been requested to deliver to.
12.1 The WLX rider will only be liable for direct loss and damage only and this shall be limited to the sum of N1,000.00 (One Thousand Naira) only. All other types of loss or damage are excluded and this includes but is not limited to lost prots, income, interest, and future business. The WLX rider shall not be liable for any loss or damage that is special or indirect, even if the risks (nancial or otherwise) associated with such loss or damage was communicated directly or indirectly to the WLX rider before or after the acceptance of the shipment.
12.2 Claims are limited to one claim per shipment, settlement of which will be full and nal settlement for all loss or damage in connection therewith.
12.3 If the E-commerce/Corporate firm regards the limits provided in Clauses 12.1 and 12.2 as insucient, then the E-commerce/Corporate firm must make a special declaration of value and take out insurance on the shipment as directed by the WLX rider’s sta so as to benet from the recovery of a larger sum subject to the investigation and subsequent approval by the WLX rider’s management.
12.4 All claims must be submitted in writing to WLX within thirty (30) days from the date that WLX accepted the shipment, failing which WLX shall have no liability whatsoever.
13.1 The WLX rider reserves the right to employ sub-contractors to act for it, and shall have no responsibility or liability to the E-commerce/Corporate firm for any acts or omissions of such third parties.
14.1 The applicable Law regarding this agreement are the Laws of the Federal Republic of Nigeria.
15.1 Notices shall be served on the address stipulated on the waybill.
16.1 These terms constitutes the sole record of the agreement between the parties. The WLX rider shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
16.2 No relaxation or indulgence which the WLX rider may grant to the E-commerce/Corporate firm shall constitute a waiver of the rights of the WLX rider regardless of when it arose.
1.1. “Agreement” shall mean this Agreement, together with all the terms and conditions set out in it and agreed upon in writing by both Parties.
1.2. “Acceptable Items” shall mean Fashion items, Watches & Clocks, Fabrics, Toys and Games, Phones and Tablets, Computer accessories, Laptops, Health and Beauty Products, Kitchen Utensils, Small Gadgets, Stationeries and Books, and all other items of like nature.
1.3. “Damages” – shall mean any substantial alteration, destruction, impairment, mutilation affecting the contents, rendering the content unusable, unacceptable by all standard, and or reduce its value. Damages shall not include post delivered mechanical defect
1.4. “Dangerous Goods” shall mean any item that is dangerous, corrosive, noxious, hazardous, inflammable or explosive goods or any goods, which in WLX’s opinion are likely to cause damage. This includes but is not limited to gases, flammable liquids, flammable solids, oxidizer, and organic peroxide, poisonous and infectious substances, radioactive material, corrosive material and all other items of like nature.
1.5. Effective Date” shall mean date when form is submitted successfully
1.6. .“Force Majeure” shall have the meaning set out in Clause 13.
1.7. “Packages” shall mean parcels of all nature excluding dangerous shipment as defined in paragraph 1.2. (excluding cash).
1.8. “Parties” shall mean The E-commerce/Corporate firm and WLX who severally/individually shall be referred to as “Party”.
1.9. “Cash on Delivery (COD)” shall mean any payment that is collected on behalf of the E-commerce/Corporate firm by WLX at the point of delivery of the Packages to the customers.
1.10. “Proof of Delivery (POD)” shall mean any documentary evidence that packages have been delivered to their designated destination.
1.11. “Returned Shipment” shall mean undelivered items not collected after (3) delivery attempts within 7 working days or failed to pick up at our destination service center within 7 working days.
1.12. “Term” shall mean the Effective Date of this Agreement and unless sooner terminated following the relevant provisions herein shall continue in force for One year thereafter.
1.13. “The Services” shall mean conveyance of Packages to various locations within and beyond the country.
1.14. “Waybill” shall mean a document issued by WLX to the E-commerce/Corporate firm as evidence of shipment to be delivered to specific destinations and having details and instructions relating to the shipment.
1.15. “Working Day” shall mean between the hours of 8.00 am to 6.00 pm. Mondays to Saturdays (excluding Public Holidays declared by the Federal and State Government of Nigeria) and force majeure events as contained in Clause 14 of this agreement. 1.16. “Working Week” shall mean Monday to Friday (excluding Public Holidays declared by the Federal and State Government of Nigeria and force majeure events as contained in Clause 14 of this agreement.
1.17. “Head Office” shall mean The parties' office.
4.1. WLX shall ensure that all Cash on Delivery collected during the Working Week shall be delivered to the E-commerce/Corporate firm within 7 working days after delivery. Save where there are delays which shall be communicated to the E-commerce/Corporate firm.
4.2. WLX shall be responsible for the delivery of the E-commerce/Corporate firm’s package in the same condition as it was contracted.
4.3. WLX shall comply with all applicable information and security policies and procedures of the E-commerce/Corporate firm as they concern shipment delivery only when the details are communicated to WLX, before the commencement of the Term. Where such information is not provided following this clause, WLX shall not be held responsible for its contravention.
4.4. WLX shall ensure shipments are handled with care, diligence and delivered at the point of the delivery address indicated on the way billin the state and manner in which the E-commerce/Corporate firm consigned them within the agreed timeline save where there are delays communicated to the E-commerce/Corporate firm.
4.5. WLX shall ensure that any information to which it is privy in the course of fulfillment of its obligations hereunder are kept confidential and not disclosed to any person or authority, excluding staff and other persons connected with WLX, save where it is so obliged by law.
5.1. The E-commerce/Corporate firm shall ensure that the consigned shipments are properly marked, sealed and addressed and that the contents are legal and accurately described on the waybill executed in respect of it.
5.2. The E-commerce/Corporate firm shall declare goods to be of merchantable quality bereft of any defect whatsoever and shall allow any appointed WLX staff to verify the contents of any package as indicated on the waybill or delivery note.
5.3. The E-commerce/Corporate firm shall advise WLX on specific pick-ups outside routine arrangements as may be agreed from time to time, give instructions to pick-up and deliver the packages through authorized designated staff of the E-commerce/Corporate firm through the registered email.
5.4. The E-commerce/Corporate firm shall ensure that all shipments are not dangerous to health and can be handled in the ordinary course of business.
5.5. The E-commerce/Corporate firm shall declare the value of all shipment contracted at the point of creating shipment at WLX’s service centers.
5.6. The E-commerce/Corporate firm warrants that the shipment is not prohibited by law or dangerous and indemnifies WLX against any claims and damages which WLX or any third parties may suffer in the event of a breach.
7.1. The fees for the services shall be in the sum as agreed between the Parties and contained hereunder as detailed in a schedule attached.
7.2. Except as otherwise stated, all payments under this Agreement shall be made in favor of WLX Int’l Express Ltd and shall represent net amounts and any other statutory deductions.
7.3. The prices stated herein shall be operative during the tenure of this Agreement.
7.4. Price review may occur in the event of an upsurge in prices of petroleum products, labor- related review of minimum wages, government taxes and levies and other operational costs of WLX.
11.1. This Agreement shall terminate at the expiry of a year, excluding where it is renewed, in which case it shall expire at the end of the renewal term; In the event of the renewal, WLX shall be entitled to make a review of its fees.
11.2. Notwithstanding any other provision of this Agreement, either Party shall be entitled to terminate this Agreement with or without cause by giving 30 days written notice at any time to the other Party and which termination shall be effective immediately afterward in the event:
11.3. Of any breach by either Party of any of the terms of this Agreement or which breach, if remediable has not been remedied fourteen (14) days after either Party shall have notified the other of the breach;
11.4. Of an event of Force Majeure which persists for more than thirty (30) days;
11.5. That either party shall enter into any liquidation, call any meeting of its creditors or shall have a receiver or receiver-manager of all or any of its undertaking or assets appointed, or shall suffer the appointment or the presentation of a petition for the appointment of an administrator or shall be deemed to be unable to pay its debts under the provisions of the relevant shipping legislation in Nigeria.
11.6. Termination of the Agreement for any reason provided in Clause 11.2 shall not prejudice any rights of either party, which have arisen on or before the date of termination.
12.1. The parties recognize that either of them may, in connection with the performance of its obligations under this Agreement, make a concession in writing to the other, such as where additional time is required by a party to perform its obligation, and which appears to vary the terms of this Agreement.
12.2. A concession made by any party on one occasion shall not be deemed or constructed to be a concession of its right to insist on any subsequent occasion on the full performance of the other party’s obligation following the terms of this Agreement.
13.1. Neither party shall be liable for delay in performing or failure to perform any of the provisions of this Agreement due to any event constituting force majeure event. For this Agreement, force majeure shall mean events or circumstances outside the reasonable control of either party to this Agreement which they could not have reasonably foreseen and guarded against and which by the exercise of reasonable care and diligence they are unable to prevent including but not limited to Acts of God and natural disasters, outbreak of hostilities, riots, civil disturbances, the act of any government authority, fires, explosions, malicious damage, boycotts, strikes, lockout or industrial action of any kind.
13.2. Where any of the events described in clause 13.1 above occur, the party claiming relief shall give written notice to the other of the event causing the force majeure and thereafter the operation of this Agreement shall be suspended until such circumstances shall have ceased. Forthwith, upon the event ceasing to exist, the party relying upon it shall give written advice to the other of this fact.
13.3. If the force majeure event continues for more than thirty (30) days and substantially affects the commercial intention of this Agreement, the affected party shall have the right to terminate this Agreement upon written notice of such intention to terminate.
18.1. The Parties shall use their best endeavors to settle any dispute or difference of opinion between them, arising from or in connection with this Agreement amicably through discussion.
1.1. If the Parties are unable to resolve the dispute through mutual discussion, the dispute or difference of opinion mentioned in Clause.
18.1 above shall be referred to mediation at the Lagos Multi- Door Court House.
18.2. The place of mediation shall be the city of Lagos, Lagos State, Nigeria or any other place more suitable within Nigeria as may be agreed between the Parties in line with the circumstances of the dispute.
18.3. This clause shall survive the termination of this Agreement, and shall accordingly apply at all times to disputes and differences of opinion existing or arising between the parties hereto, concerning this Agreement or any matter hereunder.
IN WITNESS WHEREOF the parties hereto have caused the Agreement to be executed in three (3) Counterparts by their duly authorized representatives as the day and year first above written.
