Terms and Conditions of Service

 

SEND ME SERVICES LIMITED, a delivery and courier services company registered under the laws of Freetown, Sierra Leone (hereinafter referred to as "Courier"), and

The following terms and conditions (the "Terms") govern the use of services provided by Send Me Services Limited (hereinafter referred to as "Courier"). By utilizing any service offered by the Courier, including but not limited to delivery and courier services, the customer (hereinafter referred to as "Customer") agrees to be bound by these Terms.

These Terms constitute a legally binding agreement between Send Me Services Limited and the Customer and are governed by the laws of Freetown, Sierra Leone. Both parties acknowledge that the services provided are subject to the Terms outlined herein.

1. Definitions

 

a) "Courier" refers to Send Me Services Limited, its proprietors, employees, agents, and representatives.

b) "Independent Carrier" or "Carrier" refers to any third-party service provider with whom the Courier may arrange for transportation of goods under this contract.

c) "Goods" refer to any items, articles, or products to be transported by the Courier on behalf of the Customer.

d) "Hazardous Goods" refer to items classified as dangerous or hazardous under the Sierra Leone Environmental Protection Agency Act or any other applicable local or international regulations.

e) "Force Majeure" refers to events beyond the reasonable control of either party, including but not limited to natural disasters, acts of war, civil unrest, strikes, and government actions that directly prevent the performance of obligations under this agreement.

 

2. Scope of Services

 

2.1 The Courier agrees to deliver all orders made by the Customer within the following capacity:

   a) Up to 100 deliveries per day within Freetown city limits.

   b) Parcels weighing up to 15 kg and not exceeding 0.5m x 0.5m x 0.5m in dimensions.

 

2.2 The Courier reserves the right to refuse the transportation of goods under the following circumstances:

   a) The goods exceed the weight or size limits specified in 2.1(b).

   b) The goods are classified as Hazardous Goods and were not declared as such by the Customer.

   c) The delivery location is outside the Courier's operational area as defined in the attached Schedule A.

   d) The Courier has reasonable grounds to believe that transportation of the goods would violate any applicable laws or regulations. "Reasonable grounds" are defined as credible information or observable evidence that would lead a prudent person to conclude that transportation of the goods would be illegal or unsafe.

 

2.3 The Courier shall provide written notice of refusal to the Customer within 2 hours of receiving the delivery request, stating the specific reasons for refusal.

 

3. Subcontracting

 

3.1 The Customer authorizes the Courier to subcontract deliveries to Independent Carriers under the following conditions:

   a) The Courier shall notify the Customer in writing of any subcontracting arrangement within 12 hours of such arrangement being made.

   b) The Courier shall remain fully responsible for the performance of any subcontracted services.

   c) Any subcontractor shall be bound by the same terms and conditions as outlined in this agreement.

   d) The Courier shall provide the Customer with the subcontractor's contact information and relevant credentials upon request.

 

3.2 The Courier shall ensure that all subcontractors meet the following minimum qualifications:

   a) Valid business license and insurance coverage as required by local regulations.

   b) At least two years of experience in delivery services.

   c) Clean record with no major safety violations in the past three years.

 

3.3 The Courier shall be jointly and severally liable with the subcontractor for any loss or damage caused during subcontracted deliveries.

 

4. Service Hours

 

4.1 Regular services will be rendered from Monday to Friday, 9:00 AM to 9:00 PM, with additional services on Saturdays, 5:30 PM to 9:00 PM and Sundays from 10:00 AM to 9:00 PM.

 

4.2 The Courier reserves the right to amend working hours, provided that:

   a) The Customer is given at least 30 days' written notice of any changes.

   b) Any changes do not reduce the total weekly service hours by more than 5%.

 

4.3 Emergency after-hours services may be available upon request, subject to additional fees as specified in the Courier's current rate card (Schedule B).

 

5. Authorization

 

5.1 The Customer shall provide the Courier with a list of authorized individuals who may request services or sign consignment notes on the Customer's behalf.

 

5.2 This list shall be updated by the Customer as necessary, with any changes communicated to the Courier in writing.

 

5.3 The Courier shall implement changes to the authorized individuals list within 24 hours of receiving written notice from the Customer.

 

5.4 The Courier shall verify the identity and authorization of individuals making delivery requests or signing consignment notes against this list.

 

6. Customer-Courier Relationship

 

The Courier shall:

a) Maintain high standards of industry practice.

b) Foster positive relationships with the Customer's clients.

c) Ensure all staff interacting with the Customer's clients are properly trained and adhere to a professional code of conduct as outlined in Schedule C.

d) Provide a dedicated account manager for the Customer to address any concerns or queries.

 

7. Ownership of Goods

 

7.1 The Customer warrants that it is either the owner or an authorized agent of the owner of the goods to be transported by the Courier.

 

7.2 The Customer shall indemnify the Courier against any claims arising from a breach of this warranty.

 

8. Handling of Goods

 

8.1 The Courier shall handle, store, and transport goods using methods that are appropriate for the nature of the goods, as declared by the Customer.

 

8.2 Any special handling requirements must be clearly communicated by the Customer in writing at the time of placing the delivery request.

 

8.3 The Courier reserves the right to use alternative methods or routes in cases of unforeseen circumstances, provided that:

   a) The safety and integrity of the goods are not compromised.

   b) The Customer is notified of any significant deviations from the usual method or route within 1 hour of the decision being made.

   c) The alternative method or route does not result in additional costs to the Customer unless explicitly agreed upon.

 

9. Risk and Liability

 

9.1 The goods shall be at the risk of the Courier upon receipt and until delivery confirmation is obtained.

 

9.2 Delivery Confirmation: The risk transfers back to the Customer upon confirmation of delivery, which is signified by the receiver's signature on the delivery receipt.

 

9.3 Liability for Loss or Damage: In the event of loss or damage caused while the goods are in the possession of the Courier, the Courier shall compensate the Customer within 3 working days, based on:

   a) The actual monetary value of the goods as declared by the Customer prior to transportation, or

   b) The repair cost of damaged goods, as evidenced by a professional assessment from an independent third party, whichever is lower.

 

9.4 The Courier's liability shall be limited to 5,000 SLE per shipment unless a higher value is declared and additional insurance is purchased by the Customer as per the rates in Schedule D.

 

9.5 The Courier shall not be liable for any loss or damage caused by Force Majeure events as defined in Section 1(e).

 

10. Implied Warranty

 

10.1 The Courier shall comply with any applicable legislation regarding implied warranties.

 

10.2 To the extent permitted by law, all other warranties, express or implied, are excluded. This exclusion does not apply to warranties that cannot be excluded under applicable consumer protection laws.

 

11. Limitation of Liability

 

11.1 The Courier's liability is limited to the terms specified in this agreement. No claims or liabilities shall arise from:

    a) Service failures due to Force Majeure events.

    b) Delays or missed deliveries due to the Customer's failure to provide accurate information.

 

11.2 For business-critical deliveries, as designated in writing by the Customer at the time of booking, the Courier's liability may extend to direct, provable financial losses resulting from late delivery, up to a maximum of 10,000 SLE per incident.

 

12. Service Pricing and Discounts

 

12.1 The Courier's standard service fees are as per the attached rate card which forms part of this agreement.

Route

Price (Le)

Lumley to East-End Police

30

East-End Police to Shell

35

Kissy to Wellington

40

Wellington to Allentown

50

Allentown to Jui

55

Lumley, Regent Road

35

Juba to Ogoo Farm

35

Ogoo Farm to Mambo

50

Mambo to No2

60

No2 to Tumbu

65

Tumbu to Macdonald's

70

Macdonald's to Waterloo

80

Babadorie to Regent

35

Regent to Grafton

40

Grafton to Jui

55

Jui to Deep Eye Water

60

Deep Eye Water to Waterloo

70

Waterloo

80

 

12.2 The Courier reserves the right to adjust its fees, with 30 days' written notice to the Customer. Any price increases shall not exceed 5% per annum unless due to demonstrable increases in operating costs.

 

13. Information Accuracy

 

13.1 The Customer is responsible for providing accurate and complete delivery information, including sender and recipient details.

 

13.2 In cases where incomplete or inaccurate information results in failed deliveries, the Customer will be charged:

    a) 50% of the standard delivery fee for the attempted delivery.

 

13.3 The Courier shall make at least two attempts to verify and clarify information before marking a delivery as failed, documenting each attempt.

 

14. Prohibited and Hazardous Goods

 

14.1 The Customer shall not tender for transportation any Hazardous Goods without:

    a) Disclosing the nature of such items in writing.

    b) Obtaining written approval from the Courier for their transportation.

 

14.2 The Customer shall be liable for any loss or damage caused by undisclosed Hazardous Goods.

 

14.3 The Courier reserves the right to refuse transportation of any goods it deems unsafe or illegal to transport. "Unsafe" is defined as any item that poses a risk of harm to people, property, or the environment during normal transportation conditions.

 

15. Compliance with Laws

 

15.1 Both parties shall comply with all applicable laws and regulations regarding packaging, labeling, and delivery of goods.

 

15.2 The Customer shall indemnify the Courier against any losses, damages, or penalties resulting from the Customer's failure to comply with these regulations.

 

16. Timeliness and Delays

 

16.1 The Courier shall adhere to the delivery timeframes specified in the attached service level agreement (Schedule E).

 

16.2 A "delay" is defined as any delivery that exceeds the promised delivery time by more than 30 minutes.

 

16.3 Any delays caused by the Customer (e.g., unprepared goods) will result in:

    a) Delivery deferment to the next available slot, or

    b) Extra charges as per the rate card if immediate delivery is requested.

 

16.4 For repeated delays (more than 3 in any 30-day period) attributable to the Courier, the Customer shall be entitled to a service credit as outlined in Schedule F.

 

16.5 The Courier shall not be liable for delays due to Force Majeure events.

 

17. Dispute Resolution

 

17.1 Any disputes arising from this agreement shall first be addressed through good faith negotiations between the parties.

 

17.2 If negotiations fail to resolve the dispute within 15 days, either party may refer the matter to mediation by a mutually agreed-upon mediator.

 

17.3 If mediation fails to resolve the dispute within a further 15 days, either party may initiate legal proceedings in the courts of Freetown, Sierra Leone.

 

18. Termination

 

18.1 Either party may terminate this agreement with 30 days' written notice.

 

18.2 The Courier may terminate the agreement immediately if the Customer:

    a) Fails to pay any undisputed invoices within 10 days of the due date.

    b) Breaches any material term of this agreement and fails to remedy the breach within 7 days of receiving written notice.

 

18.3 Upon termination, the Customer shall pay all outstanding fees for services rendered up to the termination date.

 

19. Confidentiality

 

19.1 Both parties agree to keep confidential all information obtained from the other party in the course of this agreement, except as required by law or with the written consent of the other party.

 

19.2 This confidentiality obligation shall survive the termination of this agreement for a period of 2 years.

 

20. Insurance

 

20.1 The Courier shall maintain appropriate insurance coverage for the services provided under this agreement, including but not limited to:

    a) Commercial General Liability Insurance with a minimum coverage of 500,000 SLE per occurrence.

    b) Cargo Insurance with a minimum coverage of 100,000 SLE per shipment.

 

20.2 Additional insurance coverage may be purchased by the Customer for high-value shipments as per the rates in Schedule D.

 

21. Indemnification

 

Each party agrees to indemnify, defend, and hold harmless the other party from and against any and all claims, losses, damages, liabilities, and expenses arising out of or related to the indemnifying party's breach of this agreement or negligence, to the extent permitted by law.

 

22. Force Majeure

 

22.1 Neither party shall be liable for any failure or delay in performing their obligations under this agreement due to Force Majeure events.

 

22.2 The affected party shall promptly notify the other party of the Force Majeure event and use reasonable efforts to resume performance as soon as possible.

 

22.3 If a Force Majeure event continues for more than 30 days, either party may terminate this agreement with written notice.

 

23. Data Protection and Privacy

 

23.1 Both parties shall comply with all applicable data protection and privacy laws.

 

23.2 The Courier shall only use personal information provided by the Customer for the purposes of fulfilling its obligations under this agreement.

 

23.3 The Courier shall implement appropriate technical and organizational measures to protect personal data against unauthorized or unlawful processing and against accidental loss, destruction, or damage.

 

24. Intellectual Property

 

24.1 Each party retains all rights to its pre-existing intellectual property.

 

24.2 Any new intellectual property created in the course of this agreement shall belong to the party that created it, unless otherwise agreed in writing.

 

25. Entire Agreement

 

This agreement, including any attached schedules, constitutes the entire agreement between the parties and supersedes all prior agreements, representations, and understandings, whether written or oral.

 

26. Amendments

 

Any amendments to this agreement must be made in writing and signed by authorized representatives of both parties.

 

27. Governing Law and Jurisdiction

 

27.1 This agreement shall be governed by and construed in accordance with the laws of Freetown, Sierra Leone.

 

27.2 Both parties irrevocably submit to the exclusive jurisdiction of the courts of Freetown, Sierra Leone for any disputes arising out of or in connection with this agreement.

 

28. Severability

 

If any provision of this agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.