These Terms and Conditions govern the provision of transport and logistics services by Anisa Transport and Logistics. They are prepared in accordance with applicable Kenyan laws, relevant international transport conventions, and accepted industry standards to ensure fairness, transparency, and legal compliance.
For the purposes of these Terms and Conditions, the following definitions shall apply:
1.1 “Company” means Anisa Transport and Logistics Ltd, including its directors, officers, employees, agents, contractors, successors, and authorized representatives.
1.2 “Client” means any individual, company, organization, partnership, government agency, or other legal entity requesting, booking, or using the Company’s services.
1.3 “Services” means all transport, logistics, freight forwarding, customs clearance, warehousing, distribution, cargo handling, supply chain, and related services provided by the Company.
1.4 “Goods” means any cargo, merchandise, shipment, parcel, container, equipment, vehicle, or other property entrusted to the Company for transportation, storage, or handling.
1.5 “Consignment” means a shipment of goods accepted by the Company under a booking, quotation, service agreement, or transport instruction.
1.6 “Booking” means any confirmed request or instruction by the Client for the Company to provide its services.
1.7 “Delivery” means the transfer of goods to the Client, consignee, or an authorized representative at the agreed destination.
1.8 “Charges” means all freight charges, transportation costs, customs duties, taxes, storage fees, handling charges, insurance costs, administrative fees, and any other amounts payable by the Client.
1.9 “Business Day” means any day other than a Saturday, Sunday, or public holiday officially recognized in the Republic of Kenya.
1.10 “Force Majeure” means any event beyond the reasonable control of the Company, including but not limited to natural disasters, war, terrorism, strikes, epidemics, pandemics, civil unrest, government actions, customs delays, severe weather, or infrastructure failures.
2. Acceptance of Terms
2.1 By requesting a quotation, making a booking, delivering goods to the Company, signing a service agreement, or using any service offered by Anisa Transport and Logistics Ltd, the Client confirms that they have read, understood, and agreed to be bound by these Terms and Conditions.
2.2 These Terms and Conditions constitute a legally binding agreement between the Company and the Client and apply to all services provided unless otherwise agreed in writing.
2.3 The Client confirms that they have the legal authority to enter into this agreement and, where acting on behalf of another person or organization, that they have the authority to bind that party.
2.4 Any additional instructions, purchase orders, or contractual documents issued by the Client shall apply only to the extent that they are expressly accepted by the Company in writing.
2.5 The Company reserves the right to amend, update, or modify these Terms and Conditions at any time. Any amendments shall take effect upon publication on the Company’s website or upon written notice to the Client.
2.6 Continued use of the Company’s services after any amendment constitutes acceptance of the revised Terms and Conditions.
2.7 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.
3. Scope of Services
3.1 The Company provides professional transport and logistics services within Kenya, East Africa, and other destinations where applicable.
3.2 Services offered by the Company may include, but are not limited to:
Road freight transportation.
Air freight services.
Sea freight services.
Freight forwarding.
Customs clearance and documentation.
Cross-border logistics.
Warehousing and storage.
Cargo consolidation.
Distribution and last-mile delivery.
Project logistics.
Fleet management.
Cargo handling and packaging.
Import and export logistics.
Supply chain management.
Logistics consultancy and related services.
3.3 The Company shall perform its services using reasonable skill, care, diligence, and professionalism in accordance with applicable Kenyan laws, industry standards, and accepted international logistics practices.
3.4 The Company may subcontract or appoint qualified carriers, warehouse operators, customs agents, freight partners, or other service providers where necessary for the efficient delivery of services.
3.5 Service availability may depend on operational capacity, destination, weather conditions, customs requirements, government regulations, infrastructure, carrier schedules, and other factors beyond the Company’s reasonable control.
3.6 The Company reserves the right to refuse, suspend, or terminate any service where:
The goods are prohibited or illegal.
Safety requirements are not met.
Required documentation is incomplete.
The Client breaches these Terms and Conditions.
Provision of the service would violate applicable laws or regulations.
3.7 Unless expressly agreed in writing, the Company does not guarantee fixed transit times, delivery dates, or uninterrupted service.
4. Quotations and Pricing
4.1 All quotations issued by the Company are based solely on the information provided by the Client at the time the quotation is requested.
4.2 Unless otherwise stated in writing, quotations shall remain valid for thirty (30) calendar days from the date of issue.
4.3 Quoted prices are subject to the accuracy of shipment details, including:
Weight.
Dimensions.
Quantity.
Nature of the goods.
Packaging.
Collection and delivery locations.
Any special handling requirements.
4.4 The Company reserves the right to revise a quotation where the actual shipment differs materially from the information originally provided by the Client.
4.7 Freight rates may be adjusted due to changes in fuel prices, exchange rates, government regulations, carrier surcharges, taxes, or other operational costs beyond the Company’s reasonable control.
4.8 Acceptance of a quotation constitutes acceptance of the applicable pricing, these Terms and Conditions, and any special conditions contained in the quotation.
4.9 The Company shall notify the Client of any significant pricing adjustment before proceeding with the services where reasonably practicable.
4.10 All prices shall be quoted in the agreed currency and shall be exclusive of applicable taxes unless expressly stated otherwise.
5. Bookings and Customer Responsibilities
All bookings are subject to acceptance and operational availability by the Company.
The Client shall provide complete, accurate, and truthful information regarding the shipment before transportation or logistics services commence.
The Client is responsible for correctly declaring:
Nature of the goods.
Weight and dimensions.
Quantity.
Declared value.
Pickup and delivery addresses.
Contact persons.
Special handling requirements.
Dangerous goods, where applicable.
The Client warrants that all goods submitted for transportation comply with applicable Kenyan laws and international shipping regulations.
The Client shall ensure that goods are properly packaged, labeled, and prepared for safe transportation unless packaging services have been contracted with the Company.
The Client shall obtain and provide all permits, licenses, certificates, customs documents, invoices, and other documentation required for transportation or cross-border movement of goods.
The Client shall ensure that authorized personnel are available during collection and delivery of the shipment.
The Company reserves the right to inspect any shipment before accepting it for transportation or storage.
The Company may refuse to transport goods that are:
Illegal.
Dangerous or hazardous without proper declaration.
Improperly packaged.
Restricted by law.
Likely to endanger persons, vehicles, facilities, or other cargo.
The Client shall indemnify the Company against any losses, damages, penalties, or liabilities arising from inaccurate declarations, unlawful shipments, insufficient documentation, or failure to comply with applicable laws.
TERMS AND CONDITIONS FROM 5-10
6. Payment Terms
The Client agrees to pay all charges relating to the services provided by the Company in accordance with the agreed quotation, invoice, or service agreement.
Unless otherwise agreed in writing, payment shall be made before commencement of the service or within the credit period specified on the invoice.
The Company may require full or partial advance payment before accepting or commencing any booking.
Payments may be made through approved payment methods, including bank transfer; electronic funds transfer (EFT), mobile money, debit or credit cards, or any other payment method accepted by the Company.
All invoices shall be payable in the currency specified by the Company.
The Client shall remain responsible for payment even where a third party has agreed to settle the invoice unless the Company has expressly accepted such arrangement in writing.
Late payments may attract interest, administrative charges, or penalties at the maximum rate permitted under applicable Kenyan law.
The Company reserves the right to suspend, delay, or terminate services where payment obligations have not been fulfilled.
The Company may exercise a lien over any goods in its possession until all outstanding charges, storage fees, customs expenses, and other amounts owed have been paid in full, subject to applicable law.
Any dispute regarding an invoice shall be communicated to the Company in writing within seven (7) days of the invoice date. Failure to do so shall constitute acceptance of the invoice, without prejudice to any rights available under applicable law.
All taxes, government levies, customs duties, and statutory charges applicable to the services shall be borne by the Client unless otherwise agreed in writing.
Receipts or proof of payment shall not be considered final settlement until the funds have been successfully received and cleared in the Company’s designated account.
7. Cargo Acceptance and Packaging
The Company reserves the right to inspect any goods before accepting them for transportation, storage, or handling.
Acceptance of goods does not constitute confirmation of their condition, quality, quantity, weight, dimensions, or compliance with applicable laws and regulations.
The Client shall ensure that all goods are properly packaged, secured, labeled, and prepared to withstand normal handling and transportation.
Packaging shall be appropriate for the nature, weight, fragility, and mode of transport of the goods.
The Client shall clearly mark all consignments with the correct consignee details, destination, handling instructions, and any legally required labels.
Where packaging services are provided by the Company, the Company shall use reasonable care and suitable materials but shall not be liable for damage resulting from inherent defects in the goods or inadequate information provided by the Client.
The Company may refuse to accept goods that are inadequately packaged, improperly labeled, unsafe, or likely to cause damage to other cargo, equipment, or persons.
The Client remains responsible for ensuring that the contents of each shipment are accurately declared and comply with all applicable legal and regulatory requirements.
Where repackaging or additional protective measures are necessary for the safe transportation of the goods, the Company may carry out such measures at the Client’s expense after notifying the Client where reasonably practicable.
The Company shall not be liable for loss or damage arising from inadequate packaging, improper labeling, concealed defects, or the inherent nature of the goods.
8. Dangerous and Prohibited Goods
The Client shall not tender for transportation any prohibited, illegal, hazardous, or restricted goods unless expressly authorized by the Company and permitted under applicable law.
The Client must fully declare any dangerous goods before collection and provide all legally required documentation, safety data sheets, permits, and handling instructions.
Dangerous goods shall be packaged, labeled, marked, and transported in accordance with applicable Kenyan laws and internationally recognized regulations, including those governing the transport of hazardous materials.
The Company reserves the right to refuse, suspend, remove, isolate, return, destroy, or otherwise dispose of any dangerous or prohibited goods where necessary to protect persons, property, the environment, or to comply with legal obligations.
Prohibited goods include, but are not limited to:
Illegal drugs and narcotics.
Firearms, ammunition, explosives, and weapons without lawful authorization.
Live animals, unless specifically accepted by the Company.
Currency, precious metals, precious stones, negotiable instruments, and other valuables unless expressly agreed in writing.
Any goods prohibited under Kenyan law or the laws of the destination country.
If prohibited or undeclared dangerous goods are discovered, the Client shall be responsible for all resulting costs, fines, penalties, delays, damages, and liabilities.
The Client shall indemnify and hold the Company harmless against any claims, losses, penalties, expenses, or damages arising from the transportation or attempted transportation of prohibited or improperly declared goods.
9. Collection and Delivery
Collection and delivery schedules provided by the Company are estimates only and do not constitute guaranteed delivery times unless expressly agreed in writing.
The Company shall use reasonable efforts to collect and deliver consignments within the agreed timeframe, subject to operational conditions and circumstances beyond its control.
The Client shall ensure that collection and delivery locations are safe, accessible, and suitable for the Company’s vehicles and personnel.
The Client or the consignee shall ensure that an authorized representative is available to receive the goods at the agreed delivery location.
Proof of delivery, including a signature, electronic confirmation, or any other acceptable acknowledgment, shall constitute evidence that delivery has been completed.
If delivery cannot be completed due to the absence of the consignee, incorrect address details, restricted access, refusal to accept the goods, or any circumstance attributable to the Client, the Company may:
Re-attempt delivery at the Client’s expense.
Store the goods until further instructions are received.
Return the goods to the sender at the Client’s expense.
Storage charges, re-delivery fees, waiting time charges, or other reasonable expenses incurred as a result of failed delivery attempts shall be payable by the Client.
The risk of loss or damage shall pass to the Client upon delivery of the goods to the Client, the consignee, or their authorized representative.
The Company shall not be liable for delays caused by traffic congestion, adverse weather conditions, customs inspections, government actions, road closures, strikes, civil unrest, mechanical breakdowns despite reasonable maintenance, or any other event beyond its reasonable control.
The Client shall promptly inspect the goods upon delivery and notify the Company in writing of any visible damage, shortage, or discrepancy as provided under these Terms and Conditions.
10. Customs Clearance
Where customs clearance services are provided, the Company shall act solely as the Client’s agent unless otherwise agreed in writing.
The Client shall provide complete, accurate, and lawful customs documentation, including invoices, permits, certificates, declarations, and any other documents required by customs authorities.
The Client warrants that all information supplied for customs purposes is true, complete, and accurate.
The Company shall not be responsible for delays resulting from customs inspections, government procedures, documentation errors, regulatory requirements, or decisions made by customs authorities.
All customs duties, import or export taxes, levies, port charges, inspection fees, penalties, and other statutory charges shall be the responsibility of the Client unless otherwise agreed in writing.
The Company may advance customs duties, taxes, or other official charges on behalf of the Client where necessary, and the Client shall promptly reimburse the Company for all such amounts together with any applicable administrative fees.
The Client shall indemnify the Company against any fines, penalties, losses, claims, or expenses arising from inaccurate declarations, incomplete documentation, misclassification of goods, or non-compliance with customs laws.
The Company shall not be liable for the seizure, confiscation, detention, or destruction of goods by customs or other competent authorities where such action results from the Client’s acts, omissions, or legal non-compliance.
The Client shall cooperate fully with the Company and relevant authorities in resolving any customs queries, inspections, audits, or investigations relating to the shipment.
The Company shall exercise reasonable care in performing customs clearance services but does not guarantee customs approval, clearance times, or the outcome of decisions made by customs or other regulatory authorities.
TERMS AND CONDITIONS FROM 11-15
11. Warehousing
The Company may provide warehousing, storage, inventory management, cargo handling, and related logistics services as agreed with the Client.
Goods accepted for storage shall be accompanied by accurate inventory details and any relevant handling instructions provided by the Client.
The Client shall ensure that all goods stored are lawful, safe, properly packaged, and suitable for warehousing.
The Company shall exercise reasonable care in storing and handling the Client’s goods but does not guarantee protection against all risks.
Storage charges shall accrue from the date the goods are received until the date they are collected or delivered, in accordance with the agreed pricing.
Additional charges may apply for specialized storage, extended storage periods, handling, inventory services, temperature-controlled facilities, or other value-added services.
The Company reserves the right to relocate goods within its warehouse or to another suitable storage facility where operationally necessary, provided reasonable care is maintained.
The Client shall collect stored goods within the agreed storage period. Failure to do so may result in additional storage charges or other lawful remedies available to the Company.
The Company may exercise a lien over goods held in storage until all outstanding charges, including storage fees and related expenses, have been paid in full, subject to applicable law.
The Company shall not be liable for deterioration resulting from the inherent nature of the goods, inadequate packaging, expiry, infestation, corrosion, evaporation, or other natural characteristics of the stored goods.
12. Insurance
Unless expressly agreed in writing, the Company does not automatically insure the Client’s goods against loss, theft, damage, or other risks during transportation, storage, or handling.
The Client is strongly encouraged to obtain adequate cargo insurance covering the full value of the goods before shipment.
Upon the Client’s written request, the Company may arrange cargo insurance through a third-party insurer, subject to the insurer’s terms, conditions, exclusions, and acceptance.
Any insurance arranged by the Company shall be governed solely by the policy issued by the insurer and not by these Terms and Conditions.
The Client shall provide an accurate declared value of the goods for insurance purposes. The Company shall not be responsible for underinsurance resulting from an inaccurate or incomplete declaration.
The Company shall not be liable for any insurer’s refusal to issue a policy or to settle an insurance claim.
The Client shall comply with all insurance policy requirements, including providing any documentation reasonably required to support a claim.
Where insurance has not been requested or arranged, all transportation and storage shall be undertaken entirely at the Client’s risk, subject to the Company’s obligations under applicable law.
13. Liability and Limitation of Liability
The Company shall exercise reasonable skill, care, and diligence in providing its services but shall not be liable for any loss, damage, delay, or expense except as required by applicable law or expressly provided in these Terms.
The Company’s liability shall be limited to direct loss or damage proven to have resulted from its negligence or breach of contract.
To the fullest extent permitted by Kenyan law, the Company shall not be liable for:
Indirect or consequential losses.
Loss of profits, income, contracts, or business opportunities.
Loss of goodwill or reputation.
Loss of market value.
Loss arising from business interruption.
Emotional distress or inconvenience.
The Company shall not be liable for loss or damage arising from:
Inadequate packaging or labeling.
Inaccurate declarations by the Client.
Inherent defects or natural deterioration of the goods.
Acts or omissions of the Client, consignee, or third parties.
Customs inspections or government actions.
Force Majeure events.
Delays beyond the Company’s reasonable control.
Where the Company engages subcontractors, carriers, warehouse operators, or agents, it shall exercise reasonable care in their selection but shall not be liable for their independent acts or omissions beyond the extent permitted by law.
Unless otherwise agreed in writing or required by law, the Company’s total liability for any claim shall not exceed the lesser of:
The actual value of the proven loss or damage; or
The total charges paid by the Client for the specific services giving rise to the claim.
Nothing in these Terms shall exclude or limit liability where such exclusion or limitation is prohibited under applicable Kenyan law.
The Client agrees to indemnify and hold harmless the Company against any claims, losses, liabilities, damages, penalties, or expenses arising from the Client’s breach of these Terms, unlawful acts, or negligence.
14. Claims Procedure
Any claim for loss, damage, shortage, delay, or other service-related issue shall be submitted to the Company in writing.
Visible loss or damage shall be reported immediately upon delivery and noted on the proof of delivery or delivery receipt.
Hidden or concealed loss or damage shall be reported in writing within seven (7) calendar days after delivery.
Claims for non-delivery shall be submitted within thirty (30) calendar days from the expected delivery date unless otherwise required by applicable law.
Every claim shall include sufficient supporting documentation, including where applicable:
Proof of shipment.
Invoice or commercial invoice.
Delivery receipt.
Photographs of the damage.
Packing list.
Repair or replacement estimates.
Any other documents reasonably requested by the Company.
The Company reserves the right to inspect the goods before any repair, disposal, or replacement is carried out.
The Client shall take reasonable steps to minimize further loss or damage after discovering any issue.
Submission of a claim does not constitute an admission of liability by the Company.
The Company shall investigate all claims promptly and communicate its findings or decision within a reasonable period after receiving all necessary information and supporting documents.
No legal proceedings shall be commenced against the Company unless the claims procedure set out in these Terms has first been followed, except where prohibited by applicable law.
15. Force Majeure
The Company shall not be liable for any failure, delay, interruption, or inability to perform its obligations where such failure results from a Force Majeure event.
Force Majeure includes, but is not limited to:
Natural disasters, including floods, earthquakes, storms, droughts, and fires.
War, terrorism, civil unrest, riots, or armed conflict.
Epidemics, pandemics, or public health emergencies.
Government actions, sanctions, embargoes, or changes in law.
Customs or port delays.
Road closures, traffic disruptions, or infrastructure failures.
Labour strikes, lockouts, or industrial disputes.
Mechanical breakdowns despite proper maintenance.
Power outages, communication failures, or cyber incidents.
Any other event beyond the reasonable control of the Company.
The Company shall make reasonable efforts to minimize the impact of any Force Majeure event and resume performance as soon as reasonably practicable.
During a Force Majeure event, the Company’s obligations shall be suspended for the duration of the event without liability.
Where a Force Majeure event continues for an extended period and substantially affects performance, either party may terminate the affected services upon written notice without liability, except for obligations that accrued before termination.
TERMS AND CONDITIONS FROM 5-10
16. Cancellation and Termination
The Client may cancel a booking by providing written notice to the Company before the commencement of the services.
Cancellation charges may apply where costs have already been incurred by the Company, including administrative expenses, carrier bookings, customs processing, storage, or other third-party charges.
The Company reserves the right to cancel, suspend, or refuse any booking where:
The Client fails to make required payments.
The shipment violates applicable laws or these Terms and Conditions.
The goods present a safety, security, or environmental risk.
Required documentation is incomplete or inaccurate.
Circumstances beyond the Company’s reasonable control prevent performance.
Either party may terminate a service agreement by providing written notice in accordance with any agreed contractual notice period.
Termination shall not affect any rights, obligations, payments, or liabilities that arose before the effective date of termination.
Upon termination, the Client shall immediately settle all outstanding invoices, charges, storage fees, duties, taxes, and any other amounts due to the Company.
The Company may retain possession of the Client’s goods in accordance with its lawful lien rights until all outstanding amounts have been paid.
17. Privacy and Data Protection
The Company is committed to protecting the privacy and confidentiality of the Client’s personal and commercial information.
Personal data shall be collected, processed, stored, and used only for lawful purposes related to the provision of logistics and transportation services.
The Company shall process personal data in accordance with the Data Protection Act, 2019 (Kenya) and any other applicable data protection laws.
Information collected may include contact details, shipment information, billing information, identification documents, and any other information necessary for the provision of services.
The Company may disclose information where required by law, court order, customs authorities, regulatory agencies, insurers, financial institutions, or other authorized parties involved in the performance of the services.
Appropriate technical and organizational measures shall be implemented to safeguard personal data against unauthorized access, disclosure, alteration, or destruction.
The Client shall ensure that any personal information provided to the Company has been lawfully obtained and may be processed for the purposes of providing the requested services.
The Company may retain records for the period required by applicable law or for legitimate business purposes.
The Client may exercise their rights of access, correction, deletion, or objection to the processing of personal data, subject to applicable legal requirements.
18. Dispute Resolution
The Company and the Client shall use their best efforts to resolve any dispute amicably through good faith negotiations.
Where a dispute cannot be resolved through negotiation within thirty (30) calendar days, either party may refer the matter to mediation by mutual agreement.
If mediation is unsuccessful or not agreed upon, either party may refer the dispute to the competent courts of Kenya or any other dispute resolution mechanism agreed upon in writing.
Nothing in these Terms shall prevent either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction where necessary.
During the resolution of any dispute, the parties shall continue performing their respective obligations under these Terms to the extent reasonably practicable.
19. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Kenya.
The rights and obligations of the parties shall be interpreted in accordance with applicable Kenyan legislation, regulations, and recognized principles of commercial and transport law.
Where international transportation is involved, the Company shall also comply with applicable international conventions, treaties, and regulations to the extent they apply to the services being provided.
If any provision of these Terms conflicts with a mandatory provision of applicable law, the mandatory legal provision shall prevail only to the extent of the conflict, while the remaining provisions shall continue in full force and effect.
20. General Provisions
These Terms and Conditions constitute the entire agreement between the Company and the Client concerning the services provided and supersede any prior oral or written agreements relating to the same subject matter.
No amendment, modification, or waiver of these Terms shall be effective unless made in writing and authorized by the Company.
Failure by the Company to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision or any other provision in the future.
If any provision of these Terms is declared invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable.
The Client shall not assign or transfer any rights or obligations under these Terms without the Company’s prior written consent.
The Company may assign or subcontract its rights and obligations where necessary, provided such assignment does not materially prejudice the Client’s rights.
All notices required under these Terms shall be made in writing and delivered by hand, courier, registered mail, or electronic communication to the contact details provided by the parties.
Headings and section titles are provided for convenience only and shall not affect the interpretation of these Terms.
References to any law or regulation shall include any amendments, replacements, or successor legislation.
These Terms and Conditions become effective upon the Client’s acceptance of a quotation, booking of services, execution of a service agreement, or use of any service provided by Anisa Transport and Logistics Ltd, whichever occurs first.
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