SmartProc Nigeria - the Terms of Use
Buyer/Shipper agree to the following contract terms & conditions:

1. By Buyer/shipper/owner's signature, SmartprocNigeria & SmartbudgetsUSA, "company", and transporters or agents, jointly and separately, are authorized to operate and/or transport the vehicle(s), goods, &/or product(s) purchased, from the point of origin through SmartbudgetsUSA on the reverse side (see contract form, signed, dated, with a control number) to the point of departure, ocean/rail/truck or air terminal, for shipment to arrival at the port/terminal of final destination and acts only as the shipper's &/or principal's agent with limited power of attorney with respect to the transportation of said good(s), and does not act as a common carrier.
2. The buyer/shipper authorizes the company when in its opinion, it shall deem advisable to employ the services of any steamship line, airline &/or other certified common carrier(s) to transport the property to destination herein designated.
3. Buyer/shipper must give company any purchasing &/or shipping instructions in writing. Company shall not assume any responsibility for any delays or omissions to shipment if instructions were not given in writing.
4. Buyer/shipper must provide company with a complete list of vehicle(s) &/or other items to be located, bought, packed and/or shipped and make sure with any/all suppliers that same was delivered to company prior to shipping date. Company shall not assume any responsibility for any vehicles/items not purchased and/or shipped if such list was not given or any items received after agreed shipping date.
5. Advise, consultations &/or estimations provided by company serve as a guideline only and is based on preliminary information provided by customer &/or vendors. Final cost for shipping services will be determined when actual final measuring & documentation of any freight to be shipped is completed and dimensions obtained according to the rate agreed.
6. The shipper shall pay the freight and any and all other lawful charges accruing on said for all freight and charges and any sums that may be due it under this agreement
7. This quotation is valid for a period of 30 days only from date of signing the agreement both by shipper and by company. For pickup date, company shall be notified 2 weeks in advance. For any preshipment packing or special preparation at origin, 4 weeks, and for shipping, 4 weeks. Orders placed on shorter notice are handled on a first come, first served basis. If expedited "rush" service is required, please inquire as to possible extra charge.
8. Since ocean freight and other intermodal freight rates are beyond our control, this quotation is based on the prevailing rates and surcharges currently in effect by the ocean carrier and transportation companies. Any increase or surcharge as assessed will be added to the price.
9. Shipping time is approximated and the company is not responsible for any delays caused by highway problems, steamship line schedules, over-booking, technical problems in equipment or vehicles, strikes, port authorities, labor problems at the origin or destination &/or other reasons beyond our control including "force majeure".
10. Rate is based on consolidation service &/or container freight station's regular receiving & loading time schedules and therefore company cannot be held responsible for exact shipping dates.
11. The company shall not be liable for any losses or damages to shipper's goods caused by acts of God, public enemies, authority of law, labor troubles, riots, the elements, acts of default by the shipper, or other cause beyond company's control. The company will not be responsible for loss or damage to goods by fire or moths, rust or deterioration by time while in its care and possession, or while being transported or transferred to a railway car, truck, auto carrier, aircraft or steamship.
12. When receiving vehicles and items on behalf of customers the company is not responsible to open trunks, cartons, etc. and check contents but is only responsible for the number of pieces and/or vehicles received. Company is not responsible for shipping the following items: guns, explosives, ammunition, inflammable products, restricted/hazardous products, narcotics, negotiable & legal papers, alcoholic beverages, jewelry, furs, money, other articles of unusual value, pets, live animals, contraband, prescriptive medicines; audio, video or electronic equipment (unless specifically insured by shipper); acids, etc. or subsequent damages which may be caused to other items in shipment by contamination by same.
13. Shipper must provide all risk marine/transport insurance at his own expense with an endorsement to cover the complete cost of his merchandise, goods, &/or vehicles while being stored, consolidated, and in the care of the company. Customer has the option to purchase Ocean Marine Insurance through Auto Export Group or own sources. In the event same is not purchased through company, the customer shall first look to any insurance in its favor before making any claim against company to recover for loss or damage to customers property, and to the extent such insurance is in force or collectible, customer hereby releases and waives all right of recovery against company or any one claiming through or under customer by way of subrogation or otherwise. In the event you do not insure your property, company's liability is limited to 30 cents per cubic foot. Shipper must in addition supply insurance coverage at his own expense for transportation of the goods from his house or other point of origin to the port of origin and from port of destination to his house or other final destination point, including transit time.
14. That claim for loss or damage must be presented within thirty (30) days from date of arrival of shipment at destination. First, any damage should be properly noted at moment of receipt while driver/carriers agent is still there. Then a copy of the damage report should be sent to the delivering carrier immediately, so as to expedite a proper resolution. Payment by the owner and signing of the receipt for the property at destination without immediate notification of damage shall be evidence of satisfactory delivery and performance of services. If goods are placed in storage, claim, if any, must be made before storing.
15. The company shall not be held responsible for any advice or information given regarding customs regulations, port fees, etc. at port of destination.
16. Any laws or regulations imposed by authorities at origin or destination, which affect the options in the contract and the rate, will void the contract. The company and shipper will have to renegotiate the terms of agreement.
17. Shipper agrees that they are bound by rules and regulations of the uniform through export bill of lading, are subject to the terms, conditions and deductibles of the specific shipping company used for shipment, a copy of which is at company's office, and are included herein by reference and made part hereof. Rates exclude any storage, demurrage, taxes, duties as may apply.
18. If your vehicle is inoperable or oversized (i.e. dual wheels, large pickup or van, racks, etc.) please inquire as to extra charges. If carrier is not advised of inoperable or oversized vehicles prior to pickup or receipt, all extra charges must be paid in negotiable funds prior to delivery.
19. Company will not be liable for the following items: damage unable to be detected due to vehicle's dirty condition, articles left in vehicle(s), damage or loss of "loose" parts of special equipment, including spoilers, skirts, tails, louvers, etc., cost or expenses, including towing or repair charges, resulting from malfunction of vehicle(s), damage caused by leaking fluids, battery acids, cooling systems, antifreeze solution, or industrial fallout when damage is not due to carrier negligence; radio antennas that extend more than three inches above fender or hood level of vehicle(s) being transported; loss or damage to cd/tape playing, recording, radio or other sound reproducing or transmitting/receiving equipment which is not a factory installed part of the vehicle(s) being transported; mechanical functions such as, exhaust systems, alignment, suspension, tuning or engine, transmission, or drive train, that inspection of which are not practical at time of shipment; auto rental accruals; hotel fees or other travel related expenses; long distance calls; windshield cracking; &/or any act of God, etc.
20. Any and all purchasing, sales or service agreement(s) between shipper/buyer and company are placed in writing, and no manufacturers or other warranties or guarantees are implied unless specified in writing. All sales are final and are based strictly on a mutually co-signed proforma SmartbudgetsUSA commercial invoice, which specifies any/all payment terms. Client has option to pre-inspect any product being purchased directly, or can request company to make arrangements for a pre-shipment inspection, certificate of origin, ASE certified mechanic/technician's condition report, or any other expert advise and verification, and in the event such a request is made, please inquire as to extra charges, and any/all origin condition report(s) are for informational purposes only and do not represent any claim of authenticity by the company itself.
21. Any party acting in the capacity of an authorized SmartbudgetsUSA agent, representative, product locator or distributor, is and shall be an independent contractor rather than an employee, and can only act as such after receipt by company of a mutually signed agency agreement. Parties interested in working with company in any capacity are invited to contact company for qualification evaluation. Company may immediately terminate such agreement at any time.
22. Rates do not include customs duties/taxes (if any), overseas port reception fees and in-land delivery to overseas interior points unless specified, insurance unless specified, container demurrage & pier storage, labor in the event of a customs inspection, and additional overseas charges or services not explicitly offered by company in writing
23. Should this order be canceled for any reason before purchase of product or vehicle(s), or possession has been taken, or being booked on a particular ship, an administrative charge of to be determined shall be assessed. This fee will be in addition to any other charges relative to the agreed service/shipment, i.e. storage charges, pickup fees, long distance calls, etc. If said cancels after being booked for shipment or possession has been taken, either by trucker or terminal, the full fees for services will be due and payable, including any redelivery charges assessed, plus an administrative charge of to be determined. There will not be any cancellation charge if the owner/shipper wishes to change the shipping date, provided the new date falls within 15 days before or after the original scheduled date. Notification of intent to cancel must be made in writing, with copy sent directly to company preferably by FedEx. There are no cash refunds; the cancellation fee shall be non-refundable and a credit shall be issued for a period of one year from the date of cancellation.
24. A non-refundable deposit will book and hold shipping reservation. The balance due on any order/shipment must be in negotiable funds, certified check, confirmed wire transfer, money order or cash. Any storage or related fees while awaiting bank clearance of personal checks may be billed back to shipper. All payment is made before service.
25. All ordered goods on delivery are subject to terms and conditions agreed and specified per co- signed SmartbudgetsUSA proforma invoice for it. Not responsible for conditions beyond our control; superceding amendments only by our written consent.
26. SmartbudgetsUSA, in acting as your purchasing, sales, and/or shipping representative, is contracted to perform purchasing, sales, and/or shipping and related services. Taxes and other governmental assessments are the responsibility of the customer.
27. Should buyer/shipper commence legal action against company and company prevails, then company will be entitled to reimbursement of all its attorney fees and court costs. Legal competency and exclusive jurisdiction and venue for resolution of any issues arising hereunder shall be within the courts of the United States of America within the State of Maryland or in Nigeria.
28. Customs regulations, residence and import requirements, port fees and tax laws differ in each country and are subject to periodic change. Company can therefore only offer guidance but cannot be responsible for mis-advice. Please contact the consulate or embassy representing the country to which you are shipping to determine the applicable rules, regulations and laws to which your shipment will be subject. The above and aforementioned constitutes the full agreement between owner/shipper and SmartbudgetsUSA is solely between buyer/shipper and company, and represents the entire agreement between parties hereto, and cannot be modified except in writing, and shall be deemed to apply to all property which company may store, restore, purchase, package, transport or ship for the buyer's, shipper's, and/or principal's account