OMENA LOGISTICS (PTY) LTD.
TERMS AND CONDITIONS
These Terms and Conditions apply to all quotations and transport services provided by Omena Logistics (Pty) Ltd.
By accepting our quotation or asking us to transport your goods, you agree to these Terms and Conditions.
1. OUR QUOTATION
Our quotation is based on the information you give us about your goods.This includes:
What the goods are;
The weight and quantity;
The size of the goods;
The value of the goods;
The destination; and
Any other information needed to calculate the transport cost.
We may check the goods when we receive them.
If the actual goods are different from the information you gave us, Omena may change or cancel the quotation.
You will be responsible for any extra costs caused by information that was missing, incorrect or incomplete.
Our rates are based on the costs that apply when we prepare the quotation. If government charges, fuel costs, tolls, carrier costs, border charges or other costs increase before the goods leave, Omena may change the price to cover those increases.
2. HOW LONG OUR QUOTATION IS VALID
Unless we state otherwise, our quotation is valid for 7 working days from the date it is issued.
If you accept the quotation after 7 working days, Omena must confirm the price again.
The price, truck availability or delivery schedule may change after the quotation expires.
3. ACCEPTING THE QUOTATION
You accept our quotation and these Terms and Conditions when you:
Accept the quotation;
Give us shipping instructions;
Confirm the booking; or
Give us written or electronic instructions to transport the goods.
Once you do this, these Terms and Conditions form part of the agreement between you and Omena Logistics (Pty) Ltd.
4. SHIPPING INSTRUCTIONS AND DOCUMENTS
When you give us shipping instructions, you must also request and provide all documents needed for your shipment.
These may include:
Commercial invoices;
Packing lists;
Export documents;
Import documents;
Customs documents;
Permits;
Certificates;
Proof of ownership; and
Any other documents required for the shipment.
You are responsible for making sure that the documents and information are correct, complete and valid.
If you provide documents late, provide incorrect documents or fail to provide documents, any resulting delay or extra cost will be your responsibility.
This may include customs charges, storage, standing time, penalties or other costs.
5. PAYMENT
100% of the transport price must be paid on or before the departure of the shipment for sea freight and 70/30 for road freight unless agreed upon in advance.
Omena does not have to release or dispatch the goods until payment has been received in cleared funds.
If extra costs arise after the quotation, you must pay those costs when Omena asks you to do so.
Extra costs may include customs charges, taxes, storage, standing time, government charges or other costs that were not included in the quotation.
6. VALUE OF THE GOODS
Our quoted rate is based on the goods having a declared customs value of R1,500,000 or less per shipment.
If the declared value is more than R1,500,000, you must tell Omena before the goods are loaded.
Omena may then review and change the price before loading.
This is because some bond, customs and transit charges in countries such as Namibia and Angola may depend on the declared value of the goods.
Omena is not responsible for extra charges caused by a declared value that is higher than the value used to calculate our original quotation.
7. WHAT IS INCLUDED IN THE TRANSPORT PRICE
Unless the quotation says otherwise, our transport price includes:
Applicable toll fees in South Africa;
Applicable exit and transit fees in South Africa;
Applicable toll and transit fees in Botswana;
Applicable toll and transit fees in Namibia;
Applicable toll and transit fees in Angola; and
Applicable toll fees from Lufu to Kinshasa and from Kinshasa back to Lufu.
Only charges specifically included in the quotation are included in the price.
8. CUSTOMS CLEARANCE AND VAT
Customs clearance charges and VAT are not included unless the quotation clearly says that they are included.
If Omena agrees to include customs clearance, VAT or another destination charge, this must be stated in writing on the quotation or in a written confirmation from Omena.
If it is not stated in writing, the customer is responsible for those charges.
This includes customs clearance charges, VAT, import duties, taxes, customs fees, inspection charges, penalties and other government charges.
9. DRC CUSTOMS CLEARANCE
The customer is responsible for all costs relating to customs clearance in the Democratic Republic of Congo from Lufu onwards, unless the quotation specifically says otherwise.
If Omena pays any customs, government, clearing-agent or other charges on your behalf, you must repay Omena when requested.
You are also responsible for providing all information and documents needed for DRC customs clearance.
10. DELIVERY TIME
Under normal and reasonable conditions, the estimated delivery time is 10 to 14 working days from the agreed departure date.
This is an estimated delivery time and not an unconditional guarantee.
The 10–14 working day estimate does not include delays caused by events outside Omena’s reasonable control.
These may include:
Customs systems being down;
Customs systems having technical problems;
Customs taking longer than expected to clear the goods;
Customs inspections;
Government delays;
Civil unrest;
Riots or serious public disturbances;
Strikes;
War or terrorism;
Bad or extreme weather;
Flooding;
Road closures;
Major roadworks;
Bridge collapse or major bridge damage;
Major road or infrastructure damage;
Border closures or restrictions;
Government restrictions;
Serious accidents outside Omena’s reasonable control; or
Other events that Omena could not reasonably prevent or control.
Where one of these events causes a delay, the affected delay period will not be counted as part of the estimated 10–14 working days.
11. CUSTOMS CLEARANCE TIME
We allow up to 5 working days for customs clearance after the truck and the required documents are available for the customs process.
This is an allowance and is not a promise that customs will clear the goods within 5 working days.
Omena cannot control how quickly customs or another government authority processes a shipment.
Delays caused by customs, government authorities, inspections, missing documents or incorrect documents will not be treated as an Omena delivery delay.
12. OFFLOADING
We allow 48 hours for the goods to be offloaded after the truck arrives at the agreed delivery location and is ready for offloading.
If the truck remains at the delivery location for longer than the allowed 48 hours because of the customer, consignee or another matter for which the customer is responsible, standing time will apply.
13. STANDING TIME
After the allowed customs clearance and offloading periods have passed, Omena may charge USD 250 per day for standing time.
Standing time may apply when the truck is kept waiting because of:
The customer;
The consignee;
Missing documents;
Customs clearance;
Loading or offloading;
Inspections;
Failure to provide instructions; or
Another matter caused by or connected to the customer or consignee.
Standing time will continue until the truck is released and can continue its journey.
Any additional parking, storage, security, government or third-party charges caused by the delay will also be for the customer’s account.
14. KINSHASA ESCORT AGENT
The customer must arrange and pay for an escort agent to travel with the truck from Lufu to Kinshasa and from Kinshasa back to Lufu.
The escort agent is needed because trucks may be stopped at tollgates, checkpoints and other control points.
The truck may be required to:
Show border-release documents;
Show other transport or customs documents; and
Answer questions from government or border officials.
The escort agent helps the truck and customer deal with these checks.
The escort agent’s cost is not included in Omena’s transport price unless the quotation specifically says otherwise.
If the customer does not arrange the required escort agent, Omena will not be responsible for delays caused by the missing escort.
15. URGENT COMMUNICATION
If something is urgent, you must call Omena first and then send a written message.
A WhatsApp or text message alone may not be treated as an urgent notification where immediate action is needed.
If Omena asks you for urgent information, documents, confirmation or instructions, you must make reasonable efforts to respond and follow up within 2 to 4 hours, depending on the urgency.
If you do not respond and this causes a delay or extra cost, you may be responsible for the resulting costs, where allowed by law.
16. DISCOUNTED PRICES
If you ask Omena for a discount and Omena agrees to give you a lower price, the discounted price may come with a longer delivery period.
As a condition of an agreed discounted price, Omena is allowed an additional 4 to 6 working days for delivery.
If this applies, the revised delivery period will be stated in writing on the discounted quotation or written confirmation.
You are not entitled to both the discounted price and the original delivery period unless Omena agrees to this in writing.
17. CARGO RISK
The customer remains responsible for the goods while they are being transported, except where Omena has accepted responsibility in writing or where the law requires Omena to accept responsibility.
The customer must make sure that the goods are:
Properly packed;
Properly secured;
Properly labelled;
Correctly declared; and
Safe and suitable for transport.
Nothing in these Terms and Conditions removes any liability that Omena cannot legally exclude or limit.
18. INSURANCE
Cargo insurance is not included unless the quotation specifically says otherwise.
The customer may ask Omena to arrange cargo insurance in writing.
If insurance is requested, an additional charge will apply and the insurance will be subject to the insurer’s terms and conditions.
If the customer does not request insurance, Omena’s responsibility for loss or damage will be limited only to the extent allowed by applicable law.
19. VAT, DUTIES AND TAXES
Unless the quotation specifically says otherwise, the quoted price does not include:
South African VAT;
Import duties;
Export duties;
Destination VAT;
Customs duties;
Government taxes;
Customs penalties;
Inspection charges; or
Other government charges.
The customer is responsible for these charges unless Omena has specifically agreed in writing to include them.
20. FUEL AND OTHER COST INCREASES
Our transport price is based on the fuel costs, tolls, carrier charges, border charges and other operating costs known when the quotation is prepared.
If these costs increase before the goods depart, Omena may revise the price and inform the customer before departure.
21. OTHER SERVICE PROVIDERS
Omena may use other transport companies, drivers, agents, customs brokers, clearing agents or other service providers to perform the transport.
Charges from these service providers are included only when the quotation specifically says they are included.
If a third-party cost increases after the quotation, Omena may pass that increase on to the customer.
22. OTHER COSTS NOT INCLUDED
Unless the quotation specifically says otherwise, the following are not included:
VAT;
Customs clearance charges;
Import or export duties;
Customs deposits;
Customs penalties;
Inspection charges;
Cargo insurance;
Escort agent charges;
Storage;
Standing time;
Extra handling;
Costs caused by incorrect or late documents;
Costs caused by a higher declared cargo value;
Government charges not listed in the quotation;
Third-party price increases; and
Any other cost outside the agreed quotation.
23. EVENTS OUTSIDE OUR CONTROL
Omena will not be responsible for a delay or failure to perform its services when the delay is caused by something outside Omena’s reasonable control.
Examples include severe weather, flooding, fire, war, terrorism, civil unrest, strikes, government action, customs system failures, border closures, road closures, bridge collapse, major infrastructure failure, serious accidents or other events that materially affect the transport route.
Omena will take reasonable steps to reduce the effect of the delay and continue the service when reasonably possible.
24. CHANGES TO THESE TERMS
Any change to these Terms and Conditions must be agreed in writing by Omena Logistics (Pty) Ltd.
If one part of these Terms and Conditions is found to be invalid or cannot legally be enforced, the rest of the Terms and Conditions will continue to apply as far as the law allows.
The quotation and these Terms and Conditions should be read together. If a specific written term in the quotation is different from a general term in this document, the specific written term in the quotation will apply to that shipment.
25. CUSTOMER ACCEPTANCE
By accepting the quotation, making payment, giving shipping instructions or handing the goods to Omena Logistics (Pty) Ltd. for transportation, the customer confirms that they have had an opportunity to read and understand these Terms and Conditions and agree to them, subject to any rights that cannot legally be excluded or limited.
OMENA LOGISTICS (PTY) LTD.
Thank you for choosing Omena Logistics. We look forward to transporting your goods.