TERMS & CONDITIONS – Affluent Services

Important Notice

The customer’s attention is drawn to specific clauses hereof which exclude or limit the company’s liability and those which require the customer to indemnify the company in certain circumstances and those which limit time being clauses 4.0 & 4.1 inclusive 7.0 – 7.3 inclusive 10.0 – 13.0 inclusive***All headings are indicative and do not form part of these conditions. When ordering AFFLUENT SERVICES you, as “Shipper”, are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment that the Terms and Conditions shall apply from the time that AFFLUENT SERVICES accepts the Shipment unless otherwise agreed in writing by an authorized officer of AFFLUENT SERVICES, Your statutory rights and entitlements under any defined service feature (for which additional payment has been made) are not affected.

1.0 Definitions & Application

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 Aair,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 any body 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 AS 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 a 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.

NOTWITHSTANDING ANY PAYMENT INSTRUCTIONS THAT ARE GIVEN TO AS, THE SENDER IS ULTIMATELY LIABLE FOR, WILL BE BILLED FOR, AND AGREES TO PAY, ALL CHARGES AND FEES, INCLUDING ANY SPECIAL HANDLING FEES AND ANY DUTIES OR TAXES WHICH WE HAVE ANNOUNCED, REGARDLESS OF ANY PAYMENT INSTRUCTIONS TO THE CONTRARY, IF THE RECIPIENT OR THIRD PARTY FAILS OR REFUSES TO PAY.

We do not offer Cash on Delivery service for shipments coming from China to Zimbabwe. A package or shipment marked “C.O.D.” will be returned and all related charges will be billed to the sender.

If goods arrive at our office and are ready for collection before payment of outstanding bills, a 30% late penalty fee will be applied to the outstanding amount.

If you have questions regarding our invoicing or payment methods, please contact our customer service.

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.

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 AS 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, interest and court costs.

1.3 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. AS 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.

WE INSPECT ALL INTERNATIONAL PACKAGES. CUSTOMERS WHO FAIL TO ENTER THE CORRECT DIMENSIONS OR THE WEIGHT OF THE PACKAGES, WILL CAUSE THEIR SHIPMENTS TO BE DELAYED AND THEIR CHARGES WILL BE ADJUSTED.

1.4 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 AS.

1.5 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 cleanup of

1.2 Packaging and Marking

Each shipment must be legibly and durably marked using instructions given by AFFLUENT SERVICES.

2.0 Customs, Exports and Imports

AFFLUENT SERVICES may perform any of the following activities on Shipper’s behalf in order to provide its services to Shipper:
1. Complete any documents, amend products or service codes and pay any duties or taxes required under applicable laws and regulations
2. Act as Shipper’s forwarding agent for Customs and export control purposes and as Receiver solely for the purpose of designating a Customs broker to perform Customs clearance and entry and
3. Redirect the Shipment to Receiver’s import broker or another address upon request by any person who AFFLUENT SERVICES believes in its reasonable opinion to be authorized.

1)All shipments that cross international borders must be cleared through customs in the destination country prior to delivery to the recipient.

2) The client is required to submit the correct Packing List and Commercial Invoice when asked to do so.

3)We (or a broker selected by us) will submit shipments to customs and other regulatory agencies for clearance. Duties and taxes will be advanced on behalf of the sender and recipient provided appropriate credit arrangements have been made in advance. (See the Billing and Duties and Taxes sections.) We as AS 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 recipients responsibility to hire and pay for their own customs broker. Where AS (or the broker selected by AS) incurs additional time or expense clearing an import shipment due to the commodities being imported or special brokerage processing, AS reserves the right to impose a fee (“ancillary fee”) in order to recover those costs to AS that may be caused by regulatory agency declarations and processing, or by the customs broker chosen to clear the shipment.

4) The freight forwarder is entitled to an extra fee for the customs clearance, over and above the actual costs incurred.

5) The instruction to forward goods or deliver them, authorises the Company to affect the customs clearance and to advance customs and exercise duties and fees.

6)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.

7)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 Federal Communications Commission in Zimbabwe and comparable agencies in the destination country) may require additional time for clearance.

8)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.

9)We assume no responsibility for shipments abandoned in customs, and such shipments may be considered undeliverable.

Please note that packing lists and commercial invoices are mandatory documents required by customs laws. It is the customer’s responsibility to submit accurate documents on time and ensure all information is correct. LCS will not be liable for missing or late documents, incorrect package declarations or any consequences, including loss or seizure, resulting from customer error. Customers must ensure their documents are in order and submitted promptly to avoid delays or issues with customs authorities. AS disclaims liability for any consequences arising from customer non-compliance.

2.1 Duties and Taxes

In order to complete clearance of certain items through customs, we may be required to advance on your behalf certain duties and taxes as assessed by customs officials. For all shipments we may contact the payer before clearance is complete to confirm the arrangements for reimbursing us. At our sole discretion, we may require confirmation of reimbursement arrangements as a condition to completion of clearance and delivery including, but not limited to, cases of deliveries to recipients that we believe are not creditworthy and of shipments with high declared values.

Duties and taxes are billed to the recipient.

REGARDLESS OF ANY PAYMENT INSTRUCTIONS TO THE CONTRARY, THE CUSTOMER IS ULTIMATELY RESPONSIBLE FOR PAYMENT OF DUTIES AND TAXES IF PAYMENT IS NOT RECEIVED.
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.

In the event that you select to prepay duties and taxes, we will charge you an estimated amount for duties and taxes which might vary upon entry go 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 AS: 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, AS or its designated broker may review the shipping documents tendered with the shipment. If AS 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, we do not have any exemptions whatsoever.

3.0 Unacceptable Shipments

Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if: It is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), any applicable government department or other relevant organisation; no Customs declaration is made when required by applicable Customs regulations; or we decides it cannot transport an item safely or legally (such items include but are not limited to: animals, bullion, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs).

4.0 Deliveries & Undeliverable Shipments

Cannot be delivered to P. O. boxes or postal codes. Shipments are delivered to the Receiver’s address given by Shipper but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. If Receiver refuses delivery or to pay for deliver, or the shipment is deemed to be unacceptable, or it has been undervalued for Customs purposes, or the Receiver cannot be reasonably identified or located, AFFLUENT SERVICES shall use reasonable efforts to return the Shipment to the Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold AFFLUENT SERVICES without incurring any liability whatsoever to shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to the Shipper.

4.1.1 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.

4.1.2 Failure to make payment before delivery

Should the customer fail to pay for goods in full before they arrive at destination goods will be put on hold for a period of 30 days after which the matter shall be handed over to our debt collectors or small claims court to recover costs without notice. During the 30 day period goods shall incur a storage charge of $5 per day until goods are collected.

5.0 Inspection

AFFLUENT SERVICES has the right to open and inspect a Shipment without prior notice to the Shipper.

6.0. Shipment Charges & Billing

AFFLUENT SERVICES charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by AFFLUENT SERVICES to confirm this calculation. Shipper shall pay or reimburse AFFLUENT SERVICES for all Shipment charges, storage charges, duties and taxes owed for services provided by Air Courier International or incurred by AFFLUENT SERVICES on Shipper’s or Receiver’s or any third party’s behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport as described in Section 2.

7.0 AFFLUENT SERVICES Liability

AFFLUENT SERVICES contracts with the Shipper on the basis that, AFFLUENT SERVICES is strictly limited to direct loss only and to the per kilo limits. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to AFFLUENT SERVICES attention before or after acceptance of the Shipment since special risks can be insured by the Shipper. If a shipment combines carriage by air, road or other mode of transport, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise. AFFLUENT SERVICES liability in respect of any one Shipment transported, without prejudice to Sections

7-11, is limited to its actual cash value and shall not exceed the greater of $100 United States Dollars or:
7.1 $3.00/kilogram for Shipments transported by air or other non-road mode of transportation
7.2 Claims are limited to one claim per Shipment settlement of which will be full and final settlement for all loss or damage in connection therewith. If Shipper regards these limits as insufficient it must make its own insurance arrangements, failing which Shipper assumes all risks of loss or damage
7.3 Where other parties/operators (such as shipping lines, airlines or truck operators) are entrusted to complete all or part of the transportation movement and where a combined transport waybill or bill of lading is used, the shipper agrees in turn to accept the operators’ Standard Trading Conditions, which override those set by AFFLUENT SERVICES

8.0 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, failing which AFFLUENT SERVICES shall have no liability whatsoever.

9.0 Shipment Insurance

AFFLUENT SERVICES does not offer Insurance services. Customers are free to insure their goods if they feel the need to.

10.0 Delayed Shipments

1)All shipments that cross international borders must be cleared through customs in the destination country prior to delivery to the recipient.

2) The client is required to submit the correct Packing List and Commercial Invoice when asked to do so.

3)We (or a broker selected by us) will submit shipments to customs and other regulatory agencies for clearance. Duties and taxes will be advanced on behalf of the sender and recipient provided appropriate credit arrangements have been made in advance. (See the Billing and Duties and Taxes sections.) We as AS 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 AS (or the broker selected by AS) incurs additional time or expense clearing an import shipment due to the commodities being imported or special brokerage processing, AS reserves the right to impose a fee (“ancillary fee”) in order to recover those costs to AS that may be caused by regulatory agency declarations and processing, or by the customs broker chosen to clear the shipment.

4) The freight forwarder is entitled to an extra fee for the customs clearance, over and above the actual costs incurred.

5) The instruction to forward goods or deliver them, authorises the Company to affect the customs clearance and to advance customs and exercise duties and fees.

9)We assume no responsibility for shipments abandoned in customs, and such shipments may be considered undeliverable.

Please note that packing lists and commercial invoices are mandatory documents required by customs laws. It is the customer’s responsibility to submit accurate documents on time and ensure all information is correct. AS will not be liable for missing or late documents, incorrect package declarations or any consequences, including loss or seizure, resulting from customer error. Customers must ensure their documents are in order and submitted promptly to avoid delays or issues with customs authorities.

AFFLUENT SERVICES disclaims liability for any consequences arising from customer non-compliance.

11.0 Circumstances beyond

AFFLUENT SERVICES control
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, 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.

12.0 Warsaw Convention

If the Shipment is transported by air/Sea or Road and involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention (“Warsaw”), if applicable, governs and in most cases limits AFFLUENT SERVICES liability for loss or damage loss of income.

13.0 Shipper’s Warranties and Indemnity

Shipper shall indemnify and hold AFFLUENT SERVICES harmless for any loss or damage arising out of Shipper’s failure to comply with any applicable laws or regulations and for Shipper’s failure to comply any applicable laws or regulations and for Shipper’s breach of the following warranties and representation:-
All information provided by Shipper or its representatives is complete and accurate; the Shipment was prepared in secure premises by Shipper’s employees; Shipper employed reliable staff to prepare the Shipment; Shipper protected the Shipment against unauthorized interference during preparation, storage and transportation to AFFLUENT SERVICES; the Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling; all applicable Customs, import, export and other laws and regulations have been complied with; and the waybill has been signed by shipper’s authorized representative and the terms and Conditions constitute binding and enforceable obligations of Shipper.

14.0 Routing

Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.

15.0 Governing Law

Any dispute arising under or in any way connected with these Terms and conditions shall be subject, for the benefit of AFFLUENT SERVICES, to the non-exclusive jurisdiction of the courts of, and governed by law of, the country of origin of the Shipment and the Shipper irrevocably submits to such jurisdiction, unless contrary to the applicable law.

16.0 Severe Ability

The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.