Privacy & Terms
These terms and conditions apply to all shipment processed by or through Sibton Cargo.
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Definitions; Customer: Any party requesting services from Sibton Cargo. Carrier: Air or Surface carrier, air or surface freight forwarder. Goods: Properties or commodities of any type of which Sibton Cargo is requested to perform services. Shipper: Party who tenders goods to the carrier. Consignee: Party to whom the goods are shipped. Services: Air and Surface Freight, Warehousing, Custom Clearance, and/or other related services.
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Scope; These Terms and Conditions shall be binding upon Customer, Sibton Cargo, and their respective Agents, representatives, Shipper and Consignee, including but not limited to Customer contracted labor and any other party with an interest in the Goods. Each shall have the benefit of and be bound by all provisions stated herein, including but not limited to time limits and limitations of liability.
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Customer Obligations; a) Payment for services. Customer, Shipper, and Consignee shall be jointly liable for all unpaid charges for services performed by Sibton Cargo or Agents. b) Credit Terms. All charges are due before Services are performed unless other arrangements have been made in advance. Sibton Cargo has the right to require prepayment or guarantee of the charges at the time of request for Services. A failure to pay timely will result in Customer having to pay in cash in advance for future services. Sibton Cargo retains its right to hold Customers’ Goods for non-payment. If a credit/debit card is provided to Sibton Cargo, Sibton Cargo is authorized to bill to such credit/debit card any unpaid charges for services provided to Customer, including charges for return shipping. c) Proper Description. Customer is obligated to disclose to Sibton Cargo and Carrier if Customer’s packages contain items that are considered Hazardous Materials or Dangerous Goods. Customer has the obligation to ensure that each package is properly and completely described, is properly marked and addressed, and is packaged adequately to protect the contents during transportation. Customer must provide all documentation for HAZMAT shipping as required by the Department of Transportation. Customer hereby agrees to provide Sibton Cargo and Carrier with accurate information in order to allow for all proper disclosures to be made on Customer’s shipment. Customer is responsible for all placarding.
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Disclaimer and Limitation of Liability; UNDER NO CIRCUMSTANCES WILL ANY PARTY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME. SIBTON CARGO SHALL BE LIABLE, SUBJECT TO THE LIMITATIONS CONTAINED HEREIN, FOR LOSS OR DAMAGE TO GOODS ONLY IF SUCH LOSS OR DAMAGE IS CAUSED BY THE DIRECT NEGLIGENCE OR WILLFUL MISCONDUCT OF SIBTON CARGO. CLAIMS PRESENTED FOR LOSS OR DAMAGE ARISING OUT OF INCIDENTS REFERENCED IN SECTION 5 HEREIN WILL BE DENIED.
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No Liability for Loss or Damage to Goods; a) Condition of Goods: Sibton Cargo shall not be liable for damage, loss, or delay to uncrated freight, freight improperly packed, glass breakage or concealed damage. Sibton Cargo shall not be liable for ordinary wear and tear in handling of Goods or for damage to shrink wrapped Goods. All Goods shall be able to withstand handling by heavy equipment, including but not limited to forklifts, cranes, or dollies. It is the Customer’s responsibility to ensure that Goods are packaged correctly prior to shipment or movement on or off the Show floor. b) Receipt of Goods: Sibton Cargo shall not be liable for Goods received without receipts, freight bills, or specified piece count on receipts or freight bills, or for bulk shipments (i.e., UPS, DHL, Fedex, air freight, or van lines). Such Goods shall be delivered to booth without the guarantee of piece count or condition. c) Force Majeure: Sibton Cargo shall not be liable for loss or damage that results from Acts of God, weather conditions, act or default of Customer, shipper, or the owner of the Goods, inherent nature of the Goods, public enemy, public authority, labor disputes, and acts of terrorism or war. d) Cold Storage: Goods requiring cold storage are stored at Customer’s own risk. Sibton Cargo assumes no liability or responsibility for Cold Storage. e) Unattended Goods: Sibton Cargo assumes no liability for loss or damage to unattended Goods received at site at any time from the point of receipt of inbound Goods until the loading of the outbound Goods. Customer is responsible for insuring its own Goods for any and all risk of loss. f) Concealed Damage: Sibton Cargo shall not be liable for concealed loss or damage including but not limited to; glass, electronic equipment, prototypes, original art, uncrated Goods, or improperly packaged or labeled Goods.
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Miscellaneous; a) Insurance. Sibton Cargo IS NOT AN INSURANCE COMPANY AND DOES NOT OFFER OR PROVIDE INSURANCE. It is the obligation of Customer to ensure Goods are insured at all times. b) Delay by Airline or Vessel. Sibton Cargo will not be liable for delay costs resulting directly from the Airline or Vessel. c) Loss or Damage by Airline Carrier. In the event of shipment loss or damage during transport with the airline or surface carriers. SIBTON CARGO will not be liable; SIBTON CARGO WILL IN GOOD FAITH ASSIST CUSTOMER WITH THE PROCESS OF CLAIMS WITH THE AIRLINE OR VESSEL CARRIER. c) Extra Charges. Customers are responsible for any port charges and any extra transportation charges, including any applicable origin's and/or destination's custom service, TSA-HLS inspection -CES exodus examination charges and fees or any applicable processing charges.
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Customer Acknowledges; a) Permission To Inspect. That the origin's/Nigeria Customs Service, TSA,SIBTON CARGO, or ITS AUTHORIZED AGENTS has full permission to open and inspect the shipment. b) Additional Charges. Customer agrees that all additional shipping, clearing fees and any of ORIGIN'S/NIGERIA Custom Service APPLICABLE INSPECTION FEES I.E. CES EXODUS EXAM, Nigeria Custom clearing or charges will be paid by the deadline date. If payment is not made by the deadline date, customer agrees to pay all applicable demurrage charges, late fees, transportation, inspection, storage and security fees. c) Forfeit Due to Default In Payment. Customer further agrees to forfeit the shipment after 30 days from shipment date. SIBTON CARGO or its authorized agents have permission and authorization to sell the content of the shipment when customer is in default. d) Arrival Date. Customer agrees that arrival date in Nigeria is an ESTIMATE and consignment maybe delayed for reasons not limited to Acts Of God, War, Customs inspection, Airline and Vessel Carriers or Weather. CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS SIBTON CARGO AGAINST ANY AND ALL LIABILITY OR CLAIM ARISING FROM SUCH EVENTS. e)Complaints. All packages/goods are to be reconfirmed in the presence of our personnel. If there is any damage or or loss of contact in the case of delivery, please contact us immediately. All complaints must be confirmed and observed in the presence of our personnel. Anything to the contrary to all this will not be accepted. f) Full Disclosure. Customer must provide full details regarding consignment but not limited to the following; supplier details, packing list, commercial invoice, payment receipts, , waybill number (regarding online order) etc. g) Samples. We shall not be liable for goods taken for sample by customs or any government agency. g) Seized Goods. Wes hall not be liable for goods seized by customs or any government agency. h) Change in Details Of Package/Goods. All consignments are reconfirmed on arrival. If there are any changes in the number of package, weight or volume, the customer will e notified, customer agrees that this changes shall be resettled accordingly at thier expense.