Terms and Conditions (“T&C”)

When you use SPEEDAF LOGISTICS KENYA LTD service as a shipper, you, the receiver of the Shipment, and any other persons who hold legal rights to the Shipment agree to be bound by the T&C.

1. Definitions

1.1 "SPEEDAF" refers to SPEEAF LOGISTICS KENYA LTD. and its subsidiaries, branches, agents, and independent contractors.

1.2 "Package" means any parcel or envelope that is accepted by SPEEDAF for delivery.

1.3 "Shipment" means all packages, which are tendered to and accepted by SPEEDAF on one waybill.

2. Privacy Protection

You agree that SPEEDAF can process your waybill information in accordance with the applicable laws, regulations, and the Privacy Policy.

3. Limit of SPEEDAF's Liability

If you believe that the compensation limits provided herein are insufficient to cover possible losses, you must select SPP service or make your own insurance arrangements.

3.1 SPEEDAF’s liability, including but not limited to liability for total or partial loss or damage to a Shipment and custom brokerage services, is strictly limited to direct loss only and to the limitations set forth in Section 4.8. SPEEDAF shall not be liable for any indirect losses, including but not limited to loss of earnings, actual use, or business opportunities that might be gained from the Shipment, whether or not SPEEDAF is aware of the risk of these losses or damages.

3.2 SPEEDAF will make every reasonable effort to deliver the Shipment according to SPEEDAF’s regular delivery schedule, but delivery times are not guaranteed and do not form part of the T&C. SPEEDAF is not liable for any damage or loss caused by delay.

4. Claim Conditions

4.1 Receipt of the Shipment by the receiver without written notice of damage on the delivery record is prima facie evidence that the Shipment was delivered in good condition.

4.2 Claims for Shipment damage or shortage (visible) shall be submitted to SPEEDAF in writing, with relevant supporting evidence attached, within 7 calendar days after the date of delivery. In case of route interruption, the claim shall be filed within thirty (30) days from the date of SPEEDAF's acceptance of the Shipment. Otherwise, the Shipment will be deemed as delivered in good condition and SPEEDAF will not assume any liability.

4.3 Only one claim may be made for each Shipment and the settlement thereof shall be full and final in respect of that Shipment.

4.4 After a claim request is accepted, SPEEDAF has the right to inspect the original Shipment and packaging materials.

4.5 SPEEDAF is not obligated to act on any claim until all Shipment charges have been paid.

4.6 The Shipment charges shall not be offset against the claim amount.

4.7 The claim is only between the shipper and SPEEDAF.

4.8 Maximum compensation amount should be 1,000 KES per waybill

5. Shipment Protection Plus (“SPP”)

5.1 The SPP service is a value-added service which is OPTIONAL. By purchasing the SPP service, you will be compensated by the insurance company if your Shipment is lost or damaged during transportation, provided that you instruct Speedaf of your consent to purchase the SPP service and pay the applicable surcharge.

5.2 The premium is charged at 1% of the declared value of the goods with a minimum of 1000 shillings.

5.3 If you purchase the SPP service, your compensation is limited to the lesser of your SPP amount or the actual cash value of the Shipment (“determined value”). If the Shipment is partially lost, damaged or deficient, your compensation will be based on the determined value and the proportionate loss/damage (namely, the determined value of the Shipment * loss/damage proportion of the Shipment).

6. Declared Value Limit

6.1 You shall ensure that the declared value for customs and carrier shown on the waybills equals the actual cash value of the Shipment. If requested, you shall provide true and valid commercial invoices or receipts to prove the declared value of the Shipment.

6.2 For any Shipment with a declared value in excess of the declared value limits set forth in the policy published on SPEEDAF’s official website, SPEEDAF is entitled to additional charges in accordance with SPEEDAF's charging standards.

6.3 For the avoidance of doubt, the acceptance for carriage of any Shipment with the declared value specified on the waybill and/or the receipt of additional charges do not constitute a waiver of SPEEDAF’s limit of liability or the SPP limit herein. Regardless of the declared value of a Shipment, SPEEDAF’s entire liability shall be subject to Section 3, 4 and 5.

6.4 SPEEDAF has the right to decide in its sole discretion whether to accept, check, inspect or reject a Shipment for any reason whatsoever. Regardless of whether SPEEDAF accepts, checks, inspects or rejects a consigned Shipment, you shall not be excused from your duty to make a truthful declaration.

7. Unacceptable Shipments

You agree and acknowledge that all of the following types of Shipments are deemed unacceptable and shall not be shipped, and you shall indemnify and hold SPEEDAF harmless from any loss or damage in connection with or resulting from your failure to comply with this requirement, whether or not SPEEDAF accepts, checks, inspects or rejects the consigned Shipment:

7.1 The Shipment is classified as hazardous materials, dangerous goods, or prohibited or restricted articles by International Air Transport Association (IATA), International Civil Aviation Organization (ICAO), European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) or other relevant organizations;

7.2 The Shipment goes against or does not comply with applicable customs, data protection, sanctions, embargoes, or other applicable laws and regulations of the import/export countries or regions.

7.3 The Shipment is classified as protected wild animals, endangered wild animals or its products, counterfeit or fake commodities, infringing products, or items that are prohibited from carriage by laws or regulations;

7.4 The Shipment contains such item which SPEEDAF believes cannot be carried safely or legally, including but not limited to: animals, currency, negotiable instruments in bearer form, precious metals and stones, firearms, parts thereof or ammunition, human remains, pornography material, or illegal narcotics/drugs.

8. Your Warranties and Indemnity

You shall indemnify and hold SPEEDAF harmless from any loss or damage in connection with or resulting from your failure to comply with the following warranties and representations, whether or not SPEEDAF accepts, checks, inspects or rejects the consigned Shipment:

8.1 All information regarding and marks on the Shipment provided by you are true, complete, legible and accurate;

8.2 If you authorize another person to complete the information on your behalf, the completed information shall be confirmed by you in person and you shall bear all risks arising from the acts of the authorized person;

8.3 The Shipment is prepared and packed safely, properly and reasonably with caution by you during the preparation, storage and transportation to the extent that the Shipment can be transported safely;

8.4 If you authorize another person to pack the Shipment on your behalf, you shall ensure that the Shipment is packed with prudent and reasonable care and complies with the standards of safe transportation, that SPEEDAF is protected against unauthorized interference during Shipment preparation, storage and transportation, and that you shall bear all risks arising from the acts of the authorized person;

8.5 You shall not jeopardize the national security, public security, or legal rights of citizens, legal persons or other organizations through delivery channels.

9. Right to Inspect

9.1 Upon request, you shall cooperate with SPEEDAF’s staff in ID inspection and registration. If you are entrusted by others to send shipments, you are also required to provide a valid ID of the consignor.

9.2 You agree that the national public authorities or/and SPEEDAF shall have the right to perform an open-box inspection of your Shipment without prior notice.

10. Routing

You acknowledge and agree to all routing and diversion arrangements made by SPEEDAF for your Shipment, including the possibility that the Shipment may be transported via distribution hubs.

11. Rules of Delivery

11.1 Shipments shall be delivered in accordance with local delivery service practices:

（1）The Shipment will be delivered to the receiver's address or the receiver's postal code provided by you, but not necessarily to the named receiver in person.

（2）If the Shipment cannot be delivered to a PO box or by postal code, but a shipment receiving point is set as the receiver's address, the Shipment will be delivered to the receiving point.

（3）Value-added services shall be purchased separately, including without limitation the Direct Signature (by receiver) Service.

11.2 Upon the occurrence of any of the following situations, SPEEDAF will make reasonable efforts to return the Shipment to you at your own cost:

（1）The receiver rejects the Shipment or refuses to pay Shipment charges;

（2）The Shipment is deemed unacceptable or cannot be delivered successfully upon a third attempt;

（3）The receiver cannot be reasonably identified or located;

（4）Your provision of relevant documents is required for return but the required documents have not been duly received upon expiration of the notice period.

If the Shipment and/or Package cannot be delivered or returned in accordance with the provisions hereof, SPEEDAF may abandon, detain, or sell the Shipment or Package.

12. Charges

12.1 SPEEDAF’s Shipment charges are calculated according to the actual weight or the volumetric weight, whichever is greater, and SPEEDAF may re-weigh and re-measure any Shipment/Package to confirm this calculation.

12.2 You shall always be liable for all costs and fees: if you specify or select payment by the receiver or a third party, if the receiver or the third party fails to pay all Shipment charges or other costs or taxes (duties), you shall be jointly liable.

13. Right of Lien

13.1 If you or your designated payer fails to pay expenses fully, including but not limited to Shipment charges and import/export customs duties and VAT, SPEEDAF is entitled to retain your Shipment and/or Package.

13.2 In case of any violation of the provisions in Section 10.2, SPEEDAF has the right to detain the Shipment and/or Package.

13.3 After SPEEDAF issues a notice of lien, the retention term shall be thirty days from the date the Shipment and/or Package was picked up, unless the Shipment cannot be retained due to its nature. If you or your designated payer fails to pay expenses fully upon expiry of the retention term, SPEEDAF may sell or auction the retained goods and take priority in compensation, with any amounts derived from such sale or auction first being used to pay any expenses incurred by SPEEDAF in connection with the Shipment and/or Package. The remaining balance may be remitted to your designated account according to your requirements.

14. Circumstances beyond SPEEDAF’s Control

SPEEDAF shall not be liable for any loss or damage caused by any events beyond SPEEDAF’s control, including but not limited to "Act of God" such as earthquake, cyclone, storm, flood, fog, war, plane crash, embargo or contagion; any defect or characteristic related to the nature of Shipment (whether or not known to SPEEDAF); riot or civil commotion; any act or omission by any person not employed or contracted by SPEEDAF (e.g., you, receiver, third party, or customs or other government official); industrial action; or electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.

15. Severability

The invalidity or unenforceability of any provision shall not affect any other part of the T&C.

16. This T&C and the published rates and charges are subject to change without notice except to the extent otherwise provided by applicable laws or regulations. For the avoidance of doubt, any such change shall become effective upon publication on the official website of SPEEDAF.