1.0 Introduction

1.1 These Terms and Conditions govern all logistics, customs clearing, freight forwarding, transportation, documentation, warehousing, and related services provided by Delta Cargo Connections. They form the legal basis of every transaction handled by the Company.

1.2 By instructing the Company through email, phone, WhatsApp, issuance of documents, or payment of any invoice, the Client confirms acceptance of these Terms and agrees to be bound by them in full.

2.0 Scope of Agency

2.1 Delta Cargo Connections acts strictly as an agent on behalf of the Client unless a written agreement states otherwise.

2.2 As an agent, the Company arranges and coordinates services such as shipping, airline bookings, customs processing, transport, and warehousing but does not operate as the carrier, airline, shipping line, port authority, or government body responsible for the physical movement or regulatory control of cargo.

2.3 The Company is authorized to appoint and work with third parties including shipping lines, airlines, Container Freight Stations (CFS), transporters, and warehouses. All such parties operate under their own terms and conditions, which are binding on the Client.

3.0 Client Warranties and Obligations

3.1 The Client must provide complete, accurate, and truthful documentation for every shipment. This includes but is not limited to commercial invoices, packing lists, certificates of origin, permits, licenses, KRA documentation, KEBS approvals, and any other regulatory requirements.

3.2 The Client guarantees that the goods comply with all Kenyan and international laws and are not prohibited, restricted, counterfeit, hazardous, or misdeclared.

3.3 The Client is fully responsible for payment of customs duties, VAT, IDF, RDL, PVoC costs, port charges, storage, demurrage, detention, inspection fees, and any government penalties unless the Company confirms otherwise in writing.

3.4 The Client indemnifies and holds the Company harmless against any fines, penalties, seizures, delays, additional duties, or losses arising from false declarations, under-valuation, incorrect HS codes, missing permits, or non-compliance with regulatory requirements.

4.0 Quotations and Charges

4.1 All quotations are estimates based on the information provided at the time of request. Charges may change due to exchange rate fluctuations, tariff revisions, airline or shipping line rate changes, port tariffs, or government levies.

Where the actual weight, volume, or dimensions determined during physical verification at the airport, port, CFS, or warehouse differ from the declared figures, the Company reserves the right to revise the charges accordingly. Any additional costs shall be payable by the Client.

4.2 Unless expressly stated, quotations exclude customs duties, taxes, storage, demurrage, KEBS charges, inspection fees, and other statutory payments.

4.3 Any additional costs resulting from delays caused by late documentation, late payment, cargo amendments, or special handling instructions from the Client shall be borne by the Client.

5.0 Payment Terms

5.1 The Company may require full or partial advance payment before commencing any service, lodging entries, or processing documentation.

5.2 Invoices not settled within the agreed period may attract interest and administrative recovery charges as determined by the Company.

5.3 The Company has the right to exercise a lien over cargo and documents and may withhold release until all outstanding amounts are fully paid.

5.4 All third-party payments including port charges, shipping line fees, airline charges, customs duties, taxes, and regulatory fees are strictly non-refundable once paid to the relevant authority.

In cases of overpayment or billing adjustments, no cash or cheque refund will be issued. A credit note may be provided and applied to future transactions with the Company. Credit notes are non-transferable and cannot be redeemed for cash.

6.0 Limitation of Liability

6.1 All goods are handled at the Client’s risk unless cargo insurance is specifically requested in writing and the premium paid.

6.2 The Company shall not be liable for delays, losses, or additional costs caused by customs interventions, port congestion, shipping line or airline schedules, strikes, system failures, or any event beyond its control.

6.3 The Company shall not be liable for indirect or consequential losses including loss of profit, loss of market, business interruption, or contractual penalties suffered by the Client.

7.0 Insurance

7.1 The Company strongly recommends that all shipments be insured for the full commercial value.

7.2 Insurance will only be arranged where the Client gives written instructions and pays the applicable premium before shipment or clearance. In the absence of such instruction, the cargo will move uninsured.

8.0 Claims

8.1 Any visible damage or shortage must be reported in writing within seven (7) days of receipt of the goods and supported by delivery notes, photos, and inspection reports.

8.2 Concealed damage must be reported within fourteen (14) days of receipt together with supporting evidence.

8.3 Claims submitted outside these timelines may not be accepted as the cargo will be deemed to have been received in good order.

9.0 Force Majeure

9.1 The Company shall not be responsible for failure or delay in performance caused by events beyond its reasonable control.

9.2 Such events include but are not limited to natural disasters, fires, floods, strikes, riots, war, pandemics, government restrictions, port closures, system outages, or regulatory changes.

10.0 Governing Law and Dispute Resolution

10.1 These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of Kenya.

10.2 Any dispute arising shall first be resolved through mutual negotiation between the Client and the Company.

10.3 Where negotiation fails, the dispute may be referred to arbitration or to a court of competent jurisdiction in Kenya.