Terms&Conditions

ROLLING CARGO LIMITED TERMS AND CONDITIONS OF CARRIAGE 

Important Notice: 
By ordering services from ROLLING CARGO LIMITED, you, as the “Shipper,” agree on behalf of yourself, the consignee of the shipment (“Consignee”), and anyone else with an interest in the shipment, that these Terms and Conditions will apply. 

Definitions: 

• “Shipment” refers to all cargoes or parcels transported under a single waybill, which may be carried by air, sea, or any other method chosen by ROLLING CARGO LIMITED. 
  
  

• “Waybill” includes any shipment identifier or document issued by ROLLING CARGO LIMITED or the Shipper’s automated systems, such as labels, barcodes, or consignment notes, including any electronic versions. 
  
  

• “ROLLING CARGO LIMITED” refers to any member of the ROLLING CARGO LIMITED Network. 
  
  

1. Customs Clearance and Regulatory Compliance:
   ROLLING CARGO LIMITED may perform the following on behalf of the Shipper or Consignee to provide services:
   
   

• Complete any necessary documents, amend product or service codes, and advance any duties, taxes, or other charges required by law (“Customs Duties”). 
  
  

• Act as the Shipper’s or Consignee’s lawful agent or designate a customs broker for export control and customs clearance. 
  
  

• Redirect the shipment to the Consignee’s customs broker or another address as reasonably requested. 
  
  

Shippers or Consignees must provide any additional authorization required by law for ROLLING CARGO LIMITED to clear a shipment. 

2. Unacceptable Shipments:
   A shipment is considered unacceptable if:

• It contains firearms, ammunition, explosives, counterfeit goods, cash, bullion, live animals, prohibited animal parts, human remains, loose precious stones, shisha, alcohol, cannabis, or illegal goods such as narcotics. 

• It is classified as hazardous material, dangerous goods, or restricted articles under relevant regulations. 

• It contains any other item that cannot be safely or legally transported by ROLLING CARGO LIMITED. 

• The address is incorrect, not properly marked, or the packaging is inadequate. 

• The Shipper, Consignee, or any party with an interest in the shipment is listed on any applicable sanctions list. 
  
  

3. Deliveries and Undeliverable Shipments:

• Shipments cannot be delivered to P.O. boxes or postal codes. Delivery will be made to the address provided by the Shipper, not necessarily to the named Consignee. 

• ROLLING CARGO LIMITED may notify the Consignee of an upcoming or missed delivery, offering alternative delivery options. 

• If a shipment is deemed unacceptable, undervalued for customs, or if the Consignee refuses delivery or fails to pay Customs Duties or other charges, ROLLING CARGO LIMITED will attempt to return the shipment at the Shipper’s cost. If return is not possible, the shipment may be released, abandoned, disposed of, or sold without liability to the Shipper or others. Dangerous goods may be destroyed if required by law. 
  
  

4. Inspection:
   ROLLING CARGO LIMITED reserves the right to open and inspect any shipment without notice for safety, security, customs, or other regulatory reasons.
   
   
5. Shipment Charges, Duties, and Fees:

• Shipment charges are based on the higher actual or volumetric weight for air cargo and cubic meters (CBM) for sea cargo. ROLLING CARGO LIMITED may re-weigh or re-measure any piece to confirm calculations. 

• Payment of Customs Duties and other charges may be required from the Consignee before delivery. If the Consignee fails to pay, the Shipper must reimburse ROLLING CARGO LIMITED for all related charges. 
  
  

6. ROLLING CARGO LIMITED’s Liability:

• ROLLING CARGO LIMITED’s liability is strictly limited to direct loss or damage to a shipment only and does not cover indirect losses such as lost profits, income, or future business. 

• Delivery schedules are not binding, and ROLLING CARGO LIMITED is not liable for damages or losses caused by delays. 
  
  

7. Claims:
   All claims must be submitted in writing within thirty-five (35) days from the date ROLLING CARGO LIMITED accepted the shipment for sea cargo, and within ten (10) days for air cargo. Failure to do so results in no liability. Claims are limited to one item per shipment, with settlement considered final for all associated losses or damages. If delivery is made in the absence of the consignee, the shipment can be received by an appointed person at the consignee’s premises, who should inspect and sign for the goods. Damage must be reported within 24 hours.
   
   
8. Shipment Insurance:
   ROLLING CARGO LIMITED may arrange insurance for loss or damage to the shipment if instructed in writing by the Shipper, provided the applicable premium is paid. Customers are advised to seek their own insurance for their goods if the goods exceed USD 1,500. This insurance does not cover indirect loss or damage, or loss or damage caused by delays.
   
   
9. Circumstances Beyond ROLLING CARGO LIMITED’s Control:
   ROLLING CARGO LIMITED is not liable for loss or damage resulting from circumstances beyond its control, including but not limited to electrical or magnetic damage to electronic or photographic images, data, or recordings; defects related to the shipment’s nature; acts or omissions by third parties; cyber-attacks; or force majeure events such as natural disasters, war, or civil unrest.
   
   
10. Shipper’s Representations, Warranties, and Indemnities:
    The Shipper shall indemnify and hold ROLLING CARGO LIMITED harmless from liabilities, losses, and damages arising from:

• Compliance with the unacceptable shipments policy. 

• Secure preparation and storage of the shipment. 

• Adherence to export control, sanctions, customs laws, and other regulations. 

• Full and accurate declaration of goods subject to government authorizations. 

• Provision of complete and accurate information, permits, licenses, and documents. 

• Compliance with legal obligations regarding the processing and sharing of personal data. 
  
  

11. Routing:
    The Shipper agrees to all routing and diversion, including the possibility of intermediate stops.
    
    
12. Governing Law:
    Disputes arising under these Terms and Conditions will be governed by the law of the shipment’s country of origin and subject to the non-exclusive jurisdiction of its courts unless otherwise required by law.
    
    
13. Severability:
    If any provision of these Terms and Conditions is found to be invalid or unenforceable, it will not affect the validity or enforceability of the remaining provisions.
    
    

For further information, please visit the ROLLING CARGO LIMITED website at https://www.rollingcargo.co.ke.