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info@eaexport.com

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+32(0)465 94 42 00
+32(0)465 17 16 68

General Conditions

General Conditions

When ordering our services you, as a sender, are agreeing, on your behalf and on behalf of the receiver of the package  and anyone else with an interest in the transport of the package that these General Conditions shall apply and can’t be changed.
Transport means all packages that travel under one waybill and which may be carried by any means our chooses, including air, road, ship or any other carrier.

Ghana Customs Clearance ( more info : http://www.gra.gov.gh/docs/info/customs_guide.pdf)
We  may perform any of the following activities on senders or receiver’s behalf in order to provide its services:
A.    Complete any of the  documents, amend product or service codes, and pay any duties, taxes or penalties required under applicable laws, international treaties and regulations.
B.    Act as sender’s forwarding agent for customs and export control purposes and as the receiver solely for the purpose of designating a customs broker to perform customs clearance and entry.

Unacceptable transports
A shipment of goods is deemed unacceptable if:
A.    The customs declaration isn’t made when required by applicable customs regulations.
B.    It is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods), IMDG (The International Maritime Dangerous Goods Code)  or other relevant organization (“Dangerous Goods”).
C.    Its packaging is defective or inadequate to ensure safe and sound transportation with ordinary care by our staff in handling. Be sure to point out to our staff the package in which you’ve packed fragile items, especially if those items are valuable or breakable. Please always indicate on the package fragile, breakable or valuable items. Our staff will advise you on whether those valuables need to be repacked in sturdier, more appropriate boxes. The heavier the item, the smaller the package or box  it should occupy.
Label all packages/boxes. Before we collect your package(s) we will print a label that will be put on each package when collected. Please make sure you deliver us the right info when booking shipping.
D.    The package contains counterfeit goods, animals, bullion, currency, gem stones; weapons, explosives and ammunition; human remains; illegal items, such as ivory, porn and narcotics. The list of prohibited items can found at http://www.gra.gov.gh/docs/info/customs_guide.pdf

Deliveries
The cargo ship, on reaching its destination, our customs representative will get your goods cleared. The container will be taken to our site in Dawa (Greater Accra Region) where the packages can be collected. You will receive a notification confirming the collection of your package(s).
In Ghana, your packages can be picked up in our central depot at the N1 Aflao road near Dawa. Other pick up locations in Accra or Kumasi and their timetables would be communicated the moment your goods arrive in Ghana. Please make sure you give us the correct information about the sender and receiver of the package (such as cellphone number, mail addresss, general address, …).
We will notify the receiver of an upcoming delivery or a missed delivery by sms or email and send him or her the collecting point.
If the package is deemed to be unacceptable, or it has been undervalued for customs purposes, or the receiver cannot be reasonably identified or located, or the receiver refuses delivery or to pay the customs duties or other transport charges, we shall have the right to destroy the package, or confiscate it to compensate the additional costs we had to make.

Inspection of the package
We always  have the right to open and inspect your package without further notice and this for safety, security, customs or other regulatory reasons.

Charges and Fees
Our charges are calculated according to the higher of actual or volumetric weight per piece and any piece may be re-weighed and re-measured by us to confirm this calculation.
The sender or the receiver of the package when we acts on the receiver’s behalf, shall pay or reimburse  us for all transport or other charges due, or Customs Duties owed for services provided by us or incurred by us on the sender’s or the receiver’s behalf. Payment of Customs Duties may be requested prior to delivery.

Our transport liability

Our liability for transportation by ship is limited by the  Hague–Visby Rules which adopt a package or weight approach to limitation, the compensation per package is limited to 666,67 Special Drawing Rights (SDR) and the weight based compensation to 2 Special Drawing Rights (SDR) per kilo (for the day price of the SDR check on google)..
Our  liability for transportation by air (including ancillary road transport or stops en route) is limited by the Montreal Convention or the Warsaw Convention as applicable, or in the absence of such Convention, to the lower of the current market or declared value, or 19 Special Drawing Rights (SDR) per kilogram (for the day price of the SDR check on google).
In case of sole transportation of packages by road our liability is deemed to be limited by the Convention for the International Carriage of Goods by Road (CMR) to the lower of  current market value or declared value, or  8.33 Special Drawing Rights (SDR) per kilogram (for the day price of the SDR check on google). Such limits will also apply to national road transportation in the absence of any mandatory or lower liability limits in the applicable national transport law.
The sender of the package can always have additional and own insurance arrangements.
Our liability is strictly limited to direct loss and damage to a transport only and to the per kilogram limits in the above mentioned sections. 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 our attention.
We will make every reasonable effort to deliver the transport according to our regular delivery schedules, but these schedules are not binding and do not form part of the contract. We are not liable for any damages or loss caused by delay.

Complaints and claims

All claims must be submitted in writing to us within thirty (30) days from the date that we accepted the package, failing which we shall have no liability whatsoever. Claims are limited to one claim per transport, settlement of which will be full and final settlement for all loss or damage in connection therewith.

The senders warranties and indemnities

Shipper shall indemnify and hold our company harmless for any loss or damage arising out of senders failure to comply with the following warranties and representations:
A.    all information provided by senders or its representatives is complete and accurate;
B.    The package was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation to  us;
C.    Sender has complied with all applicable customs, import, export, data protection laws, sanctions, embargos and other laws and regulations;
D.    Sender has obtained all necessary consents in relation to personal data provided to us including the receiver’s data as may be required for transport, customs clearance and delivery, such as e-mail address and mobile phone number.

Force majeure
We are not liable for any loss or damage arising out of circumstances beyond our control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the transport, even if known to us; any act or omission by a person not employed or contracted by our company – e.g. the sender, the receiver, third party, customs or other government official; “Force Majeure” – e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, civil commotion, or industrial action.

Applicable Law
Any dispute arising under or in any way connected with these Terms and General Conditions shall be subject, for the benefit of our company, to the non-exclusive jurisdiction of the courts of, and governed by the law of the country of origin of the package in casu Belgium and sender irrevocably submits to such jurisdiction, unless contrary to applicable law.

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