1. APPLICABILITY

These General Terms and Conditions apply to all Freight Forwarding Services performed by Affluent Services, its sister, holding or associated companies. Freight Forwarding Services means services of any kind relating to the carriage, consolidation, storage, handling, packing or distribution of the goods as well as ancillary and advisory services in connection therewith, including but not limited to customs and fiscal matters, declaring the goods for official purposes, procuring insurance of the goods and collecting or procuring payment or documents relating to the goods.

In these conditions the following words shall have the following meanings:- “Shipment” means all documents or parcels that travel under one way bill and which may be carried by any means AFFLUENT SERVICES chooses, including Air, Sea, Road or any other carrier. A “waybill” shall include any paper waybill produced by AFFLUENT SERVICES automated systems or via the Internet, airway bill, or consignment note and shall incorporate these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein. “Consignee” the Person to whom the goods are consigned “Customer” any person at whose request on whose behalf the Company undertakes any business or provides advice, information or services “Goods” the cargo to which any business under these conditions relates “Person” natural person(s) or anybody or bodies corporate “Transport Unit” packing case, pallets, container, trailer, tanker or any other device used whatsoever for and in connection with the carriage of Goods by land, sea or air “Owner” the Owner of the Goods or Transport Unit and any other person who is or may become interested in them.

“Air waybill” means any shipping document, label, electronic entry or similar item used in the Affluent Services system for the services described in these terms and conditions.

“Business day” means from Monday to Saturday except for the Zimbabwean and Other Countries public holidays.

The business day may differ in some international locations due to local customs.

“Chargeable weight” means the greater of actual or dimensional weight. For all rating purposes, “length” is the longest side of any package or object.

“Customer,” “sender” or “Recipient” means the person whose name is listed on the package as the sender.

“AS,” “our,” “us,” and “we” refer to AFFLUENT SERVICES (AS) which conducts business as AFFLUENT SERVICES, and its officers, employees and agents.

“Freight” means any single piece or skid with a chargeable weight greater than 1kg. Any fraction of a kilogram takes the next-higher rate.

“Overcharge” means a charge based on an incorrect rate; an incorrect special handling fee; billing a service other than the service selected for the package; billing based on incorrect package or shipment weight; billing to the wrong account number; or any other billing, unrelated to a service failure, that results in an incorrect charge.

“Package” means any single parcel or piece with a chargeable weight of 1kg or more. Any fraction of a kilogram takes the next-higher rate.

“Recipient” or “consignee” means the person whose name is listed on the package as the recipient.

“Shipment” means one or more pieces, either packages or freight, moving on a single air waybill.

“Transportation charges” mean amounts assessed for movement of a shipment and do not include any other fees or charges that may be assessed under the AS Service Guide, such as (but not limited to) declared-value charges, special handling fees, customs duties and taxes, and surcharges.

“You” or “your” means the sender/ Customer, recipient and their agents, servants, employees, and any other person or entity having or claiming an interest in a shipment.

“Consolidated Cargo” means packages from different clients being shipped as one shipment under one airway bill.

Non-Waiver

Any failure by us to enforce or apply a term, condition or provision of these terms and conditions does not constitute a waiver of that term, condition or provision and does not otherwise impair our right to enforce such term, condition or provision.

1.1 Billing

(We round off 0.3KG to 0.5KG to 1KG)

Charge depends on weight or volume of the package

Volumetric/ dimensional weight is the space taken up by your package in the cargo. It is calculated using the package dimensions LxWxH. Shipping is charged on the higher of the two between the package actual/ scale weight vs your package dimensional weight.

We reserve the right to verify the method of payment for any shipment and to refuse any shipment for which the method of payment cannot be verified.

Duties and taxes may be assessed on the contents of shipments destined for international locations.

We do not ship any package unless shipping fee is paid in full. Full duty tax is paid while package is in transit. We do not offer cash on delivery or cash on collection service. Our services are pre-paid at each shipping stage as and when the payments are required.

Electronically captured data will be used for billing purposes in the event a billing copy of the air waybill is not available at the time of billing.

Shipping charges are billed in United States $ and are billed to the Customer account. To be paid via Cash/Ecocash/Bank Account. Any charges requiring conversion to a currency other than US Dollar (US$) please check with our customer services.

Air shipments are charged per kg and we also round off  kgs to cover for packaging weight that comes from consolidations. Sea freight is charged per cubic metre (1mx1mx1m)

Our minimum charge at air is 1kgs (1000g) per package, minimum charge for sea is 0.1cbm. Packages that are less than the minimum weight and measurements will attract the minimum charge billing.

1.2 Invoice Adjustments/Overcharges:

We reserve the right to audit air waybills and shipments made via any means, including, but not limited to, an electronic shipping device, to verify service selection and shipment weight. If the service selected or weight entered is incorrect, we may make appropriate adjustments to the shipment charges at any time.

We will not be liable for any invoice adjustment unless you comply with the notice requirements described above. The filing of a lawsuit against us does not constitute compliance with these notice provisions.

1.3 Additional Taxes.

If a value-added, consumption or similar tax is applicable to your shipment, we reserve the right to add that amount to your shipping charges without notice. We pay any applicable excise tax on the air transportation portion of our service.

The sender and any other party who is liable for payment are responsible for all reasonable costs incurred by Affluent Services in obtaining or attempting to obtain payment for services rendered by us. Such costs include, but are not limited to, attorneys’ fees, collection agency fees, and interest and court costs.

1.4 Dimensional Weight (Volumetric Weight)

Transportation charges may be assessed based on the International Air Transport Association (IATA) volumetric standard. Dimensional-weight pricing is applicable on a per-shipment basis to all shipments in customer packaging. Affluent Services packaging is also subjected to dimensional-weight pricing from airline & shipping lines.

Dimensional weight is calculated by multiplying length by width by height of each package. If the dimensional weight exceeds the actual weight, charges it’s be based on dimensional weight.

1.5 Packaging and Marking

All packages must be prepared and packed by the sender/recipient for safe transportation with ordinary care in handling in an express-transportation environment. Any articles susceptible to damage as a result of conditions that may be encountered in transportation, such as changes in temperature or atmospheric pressure, must be adequately protected by proper packaging.

Each shipment must be legibly and durably marked using instructions given by Affluent Services.

1.6 Packages cannot be wrapped in Kraft paper.

You must use new corrugated boxes in good, rigid condition of adequate size to allow a minimum 3 inches of cushioning of contents on the top, bottom and sides. Items that cannot be packed into cartons (such as auto tail pipes, mufflers, tires and rims) must have all sharp edges and protrusions wrapped. The address label must be secured by pressure-sensitive tape wrapped completely around the object and all shipping documents securely attached. Casters, wheels and rollers must be removed or packaged to prevent damage in transit.

All sensitive goods must be packed accordingly for shipping must include but limited to pallets, woven bags, bubble wrap, etc to minimise risk of damage during the shipping process.

Our freight charge does not include repacking and consolidation of different packages from one sender, these services are charged for separately should the customer require them.

If a shipment is refused by the recipient, leaks or is damaged due to inadequate packaging, the shipment will be disposed without compensation, if possible. If shipment cannot be returned because of leakage or damage due to faulty packaging, the sender/ recipient is responsible for and will reimburse AS for all costs and fees of any type incurred in connection with the storage or disposal of the shipment or the clean-up of

2. CONCLUSION OF CONTRACT

Unless a local office has issued independent terms and conditions all offers made by Affluent Services, its sister, holding or associated companies are based on and subject to these General Terms and Conditions. The order must be given to Affluent Services in writing and contain the following instructions:

• kind of merchandise and descriptions or classification (e.g. dangerous goods)
• value of the goods
• type of packing with contents, numbers, quantity and weight (gross/net) of packages
• addresses of shipper/consignee
• place of delivery/receipt
• general instructions and conditions in respect of shipment, method of transportation (sea/air/road/express/groupage/breakbulk/containerized cargo, etc.)
• special instructions in respect of customs clearance, issue of documents, etc.

In case of verbally given orders these must be confirmed by letter, fax or email. It is the responsibility of the customer to transmit the above required information correct and complete. Affluent Services shall carry out its services according to the customer’s instructions if accepted.

3. DUTIES & TAXES

In order to complete clearance of certain items through customs, we may be require advance payment of duties and taxes as assessed by customs officials.

If a shipment is returned to the shipper due to duties and taxes not being paid, the customer is responsible for the return shipping fees.

We will charge you an estimated amount for duties and taxes which might vary upon entry of goods at destination country. Once we receive the actual duty and tax invoice from the carrier or our broker, if the amount we have charged is less than the actual duty and tax invoice amount, we will charge the remaining difference to your credit card on file. If the amount you have paid is more then we will refund you the difference accordingly.

If a recipient refuses to pay the duties and taxes, we may contact the sender. If the sender refuses to make satisfactory arrangements to reimburse us, the shipment may be placed into a general order warehouse or a customs-bonded warehouse. The customer must then pay both the original transportation charges and the return charges. If we advanced any amounts as duties and taxes at either the original destination or upon return, the sender shall also be liable for such amounts.

Payment for duties and taxes will be made by one of the following means at the sole discretion of Affluent Services: cash (personal or business, provided valid identification is offered).

In the event the accuracy or propriety of duties and taxes assessed on a shipment is disputed, Affluent Services or its designated broker may review the shipping documents tendered with the shipment. If Affluent Services determines that the duties and taxes were properly assessed, the customer agrees to pay the duties and taxes.

We offer a turnkey shipping service, all consolidated shipments pay for all the charges that is freight charge + Customs, and we do not have any exemptions whatsoever.

4. LIABILITY

• Affluent Services organizes the freight forwarding services as agent for the Customer at its own discretion and shall devote its best attention to the organization of the transport, carriage and storage of the entrusted goods. Affluent Services shall select the appropriate means and mode of transport, as well as storage locations and shall be liable for its accurate and conscientious organization only.
• Affluent Services is not liable for acts and omissions by third parties, such as, but not limited to carriers, warehousemen, stevedores, port authorities and other freight forwarders, unless Affluent Services has failed to exercise due diligence in selecting, instructing or supervising such third parties.
• These General Terms and Conditions apply whenever any claim is made against an employee, agent or other person Affluent Services engaged for the performance of the service (including any independent contractor) whether such claims are founded in contract or in tort, and the aggregate liability of Affluent Services and such employees, agents or other persons shall not exceed the limit applicable to the service concerned as expressly agreed between Affluent Services and the customer or following from these General Terms and Conditions.
• We as Affluent Services are not liable for any delays that occur during the customs process. In some cases the customs may require the recipient to hire their own broker to clear the shipment if it is not under consolidated cargo. In this case, it is the recipient’s responsibility to hire and pay for their own customs broker. Where Affluent Services (or the broker selected by Affluent Services) incurs additional time or expense clearing an import shipment due to the commodities being imported or special brokerage processing, Affluent Services reserves the right to impose a fee (“ancillary fee”) in order to recover those costs to Affluent Services that may be caused by regulatory agency declarations and processing, or by the customs broker chosen to clear the shipment.
• When shipments are held by customs or other agencies due to incorrect or missing documentation, we may attempt first to notify the recipient. If local law requires the correct information or documentation to be submitted by the recipient and the recipient fails to do so within a reasonable time as we may determine, the shipment may be considered undeliverable.
• Shipments that contain goods or products that are regulated by multiple government agencies within the destination country (such as the Department of Agriculture, the Food and Drug Administration and the Communications Commission in Zimbabwe and comparable agencies in the destination country) may require additional time for clearance.
• The Customer is responsible for making sure goods shipped internationally are acceptable for entry into the destination country. All charges for shipment to and return from countries where entry is not permitted are the sender’s responsibility.
• We assume no responsibility for shipments abandoned in customs, and such shipments may be considered undeliverable.

5. EXCLUSIONS, ASSESSMENT AND MONETARY LIMITS OF LIABILITY

Affluent Services shall in no event be liable for:

• loss or damage to goods, which occurs whilst the goods are not in actual custody and control of Affluent Services
• valuables or dangerous goods unless declared to Affluent Services at the time of the conclusion of the contract
• loss following from delay unless expressly agreed in writing
• indirect or consequential loss such as, but not limited to, loss of profit, loss of market and conventional fines
• inherent vice and nature of the goods
• consequences of loading and unloading operations which Affluent Services has not performed
• lack of, or defective packing, markings or stowage insofar as Affluent Services has not executed the packing, markings or stowage
• war, rebellion, revolution, insurrection, usurped power or confiscation, nationalization or requisition by or under orders of any government or public or local authority
• natural disasters, acts of god, acts of robbery
• circumstances which Affluent Services could not avoid and the consequence of which it was unable to prevent.

6. INSURANCE

Affluent Services arranges for the insurance of the goods (e.g., cargo or warehouse insurance) with an insurer of choice only if instructed to do so in writing at the conclusion of the contract. All insurances affected are subject to the usual exceptions and conditions of the policies of the insurance company or underwriters taking the risk. Unless otherwise agreed in writing Affluent Services shall not be under any obligation to affect a separate insurance on each consignment, but may declare it on any open or general policy held by Affluent Services.

Affluent Services is obliged to cover its liabilities resulting from these terms with an insurer of his choice and will provide proof of his liability insurance cover upon the customer’s written request.

7. FORFEITURE

Upon delivery, the consignee shall check the condition of the goods, the quantity, the number and weight of packages and shall immediately report any apparent defects and missing items. Should any irregularity or missing item not be immediately apparent, the consignee shall send due reservations in writing within 7 days after delivery. Otherwise, the conditions of the goods shall be deemed as delivered in the agreed upon condition. The same shall apply to claims resulting from delay if the consignee does not send due reservations in writing within 30 days after delivery of the goods.

8. CONDITIONS OF PAYMENT/LIEN

1. All monies due shall be paid without any reduction or deferment on account of any claim counter-claim or set-off. This does not restrict the right of set-off with undisputed or legally decided claims.
2. Affluent Services shall, to the extent permitted by Zimbabwe Law have a general lien on the goods and any documents relating thereto for any amount due at any time to Affluent Services from the customer including storage fees, uncontended remuneration from other freight forwarding contracts between Affluent Services and the customer and the cost of recovering same, and may enforce such liens in any reasonable manner.

9. FAILURE TO TAKE DELIVERY

Should the Customer, Consignee, Receiver or Owner of the goods fail to take delivery at the appointed time and place when and where the company is entitled to deliver, the Company shall be entitled to store the goods, or any part thereof, at the sole risk of the Customer or Consignee or Owner, where upon the Company’s liability in respect of the Goods, or that part thereof, stored as aforesaid, shall wholly cease. The Company’s liability, if any, in relation to such storage, shall be governed by these conditions. All costs incurred by the Company as a result of the failure to take delivery shall be deemed as freight earned, and as such costs shall, upon demand, be paid by the Customer.

10. CIRCUMSTANCES BEYOND

Affluent Services is not liable for any loss or damage or loss of income arising out of circumstances beyond Affluent Services control. These include but are not limited to:- “Act of God” – e.g. earthquake, cyclone, storm, flood, fog; “Force Majeure” – e.g., plane crash or embargo; any defect or characteristic related to the nature of the Shipment, even if known by Affluent Services; riot or civil commotion; any act or omission by a person not employed or contracted by Affluent Services e.g. Shipper, Receiver, third party service providers – Shipping Lines, Truckers & Airlines, Customs and Exercise or other government official; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.

11. TIME LIMITS FOR CLAIMS

All claims must be submitted in writing to Affluent Services within thirty (30) days from the date that Affluent Services accepted the Shipment, failure to do so Affluent Services shall have no liability whatsoever.11. SEVERABILITY

The terms of these General Terms and Conditions shall be severable, and, if any part or term thereof shall be held invalid, such holding shall not affect the validity or enforceability of any other part or term thereof.

12. GOVERNING LAW/JURISDICTION

The legal relationship between Affluent Services and its customer shall be governed by and construed in accordance with the laws of the Republic of Zimbabwe. All actions against Affluent Services shall be in the sole jurisdiction of the courts in Zimbabwe.