Trading Terms & Conditions

Definitions

In these Terms and Conditions:

• "Company" or "NBTL" means NexBridge Transwide Logistics, including its employees, agents, and subcontractors.
• "Customer" or "Client" means any person or entity requesting or using the Company's services.
• "Goods" means all cargo, containers, packages, or items handled by the Company.
• "Services" include transportation, freight forwarding, customs clearance, warehousing, project cargo handling, and supply chain support services.
• "Carriage" means any movement of Goods by land, sea, air, or multimodal transport.

Application

These Terms and Conditions apply to all Services provided by the Company unless otherwise agreed in writing.

These Terms override any inconsistent terms from the Customer unless expressly accepted by the Company in writing.

By engaging the Company, the Customer agrees to be bound by these Terms.

Scope of Services

The Company provides integrated logistics services including but not limited to:

• Freight forwarding (land, sea, and air)
• Road transportation and distribution
• Customs clearance and trade documentation
• Warehousing and storage
• Project and specialized cargo handling
• Supply chain consulting and coordination

The Company may perform Services directly or through agents, subcontractors, or third-party providers.

Role of the Company

The Company acts as an agent for the Customer in arranging logistics services unless expressly agreed otherwise in writing.

Where the Company performs carriage directly, it acts as a principal carrier for that portion.

The Company is authorized to:

• Select routes, transport modes, and service providers
• Enter into contracts with third parties on behalf of the Customer
• Deviate from agreed routes where reasonably necessary

Quotations & Charges

Quotations are based on current operational costs and are subject to change without notice.

All charges exclude duties, taxes, demurrage, detention, port charges, and third-party costs unless expressly stated.

The Customer shall be responsible for all additional costs incurred during execution of Services.

Payment Terms

Payment shall be made as agreed or, if not specified, immediately upon invoice.

The Company reserves the right to request advance payment or deposits.

Late payments may attract interest and/or suspension of Services.

The Company shall have the right to exercise a general lien over Goods for any outstanding sums.

Lien and Right of Sale

The Company shall have a general lien on all Goods and related documents.

If payment is not made within a reasonable period, the Company may sell or dispose of the Goods in accordance with applicable law to recover outstanding amounts.

Customer Obligations

The Customer warrants that:

• All information provided (including value, weight, dimensions, and nature of Goods) is accurate and complete
• Goods are properly packaged, labeled, and suitable for transport
• All required documentation, permits, and approvals are provided
• Goods comply with all applicable laws and regulations

The Customer shall indemnify the Company against all losses arising from inaccurate or incomplete information.

Dangerous & Prohibited Goods

The Customer must declare all hazardous, dangerous, or restricted Goods.

The Company may refuse, destroy, or render harmless any undeclared dangerous Goods without liability.

The Customer shall be liable for all damages, penalties, and costs arising from such Goods.

Customs Clearance & Compliance

The Company acts as an agent for customs clearance on behalf of the Customer.

The Customer is responsible for compliance with all applicable laws and regulations.

The Customer shall indemnify the Company against all duties, fines, penalties, or liabilities arising from non-compliance.

Transit Time & Delivery

Delivery timelines are estimates only and are not guaranteed unless agreed in writing.

The Company shall not be liable for delays caused by:

• Customs or regulatory processes
• Weather conditions
• Port congestion
• Infrastructure or transport disruptions
• Force majeure events

Liability of the Company

The Company shall exercise reasonable care in performing its Services.

Liability is limited to direct physical loss or damage to Goods only.

The Company shall not be liable for:

• Loss of profits or revenue
• Business interruption
• Market loss
• Indirect or consequential damages

Limitation of Liability (International Standards)

Where liability is established:

Liability shall be determined in accordance with applicable international conventions, including:

• Hague-Visby Rules (sea transport)
• CMR Convention (road transport)
• Montreal Convention (air transport)

Where no convention applies, liability shall be limited to the lower of:

• The declared value of the Goods
• Applicable industry-standard limits per kilogram

Insurance

Goods are not insured unless expressly agreed in writing.

The Company may arrange insurance as an agent upon request.

Insurance claims are subject to insurer terms and conditions.

Warehousing & Storage

Goods stored are subject to agreed storage terms and charges.

The Customer must collect Goods within the agreed timeframe.

The Company may charge additional storage fees or dispose of uncollected Goods in accordance with applicable law.

The Company shall not be liable for loss unless caused by proven negligence.

Claims

Claims must be submitted in writing within:

• 7 days for visible loss or damage
• 14 days for concealed damage or non-delivery

Failure to notify within the prescribed period shall result in claim rejection.

Subcontracting

The Company may subcontract all or part of the Services without prior notice and shall remain responsible for overall coordination.

Confidentiality

Both parties shall maintain confidentiality of all business, operational, and commercial information exchanged.

Indemnity

The Customer shall indemnify the Company against all liabilities, damages, costs, and expenses arising from:

• Breach of these Terms
• Incorrect declarations
• Dangerous or prohibited Goods
• Non-compliance with laws or regulations

Force Majeure

The Company shall not be liable for failure or delay due to events beyond its control, including:

• Natural disasters
• War, terrorism, or civil unrest
• Government actions
• Strikes or labor disputes
• Pandemics or public health emergencies

Termination

Either party may terminate Services with written notice.

All outstanding payments shall become immediately due upon termination.

Governing Law & Jurisdiction

These Terms shall be governed by the laws of Kenya.

All disputes shall be subject to the exclusive jurisdiction of Kenyan courts, unless otherwise agreed in writing for international arbitration.

Severability

If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force.

Entire Agreement

These Terms constitute the entire agreement between the Company and the Customer unless otherwise agreed in writing.