CARDIN TRIDENT LOGISTICS
TERMS AND CONDITIONS OF SERVICE

1.         DEFINITIONS

“Carrier” means any person or company who undertakes to carry goods by land, sea, air, or a combination thereof.
“Customer” means any person, firm, company, or entity that contracts with CTL for the provision of services.
“Goods” means any cargo, freight, merchandise, or property of any kind entrusted to CTL for carriage, storage, handling, or other related services.
“Services” means all services provided by CTL, including but not limited to freight forwarding, customs brokerage, warehousing, packing, consolidation, deconsolidation, distribution, and other logistics services.
“Bill of Lading (B/L)” means a document issued by CTL or its carrier partners evidencing receipt of goods for shipment.
“Force Majeure” means any event beyond the reasonable control of CTL, including but not limited to natural disasters, war, terrorism, strikes, government actions, cyberattacks, or operational disruptions.
“SDR” means Special Drawing Rights as defined by the International Monetary Fund.
“C.O.D.” means cash on delivery.

2.         SCOPE OF SERVICES

Cardin Trident Logistics (CTL) provides comprehensive global logistics and freight forwarding solutions, including but not limited to ocean, air, and land freight; warehousing and storage; customs brokerage and clearance; project and heavy-lift cargo handling; and other related logistics support services. All services rendered by CTL are governed by these Terms and Conditions, and shall be performed in accordance with applicable international conventions, national laws, and recognized industry standards.

3.         APPLICATION OF TERMS

These Terms and Conditions shall govern all transactions, engagements, and contractual relationships between Cardin Trident Logistics (CTL) and the Customer, whether arising from written agreements, verbal arrangements, or conduct implying a contractual relationship. No employee, agent, or representative of CTL has the authority to vary, amend, or waive any provision of these Terms unless such variation, amendment, or waiver is expressly approved in writing and duly executed by the Management of CTL. Any inconsistent or additional terms proposed by the Customer shall be of no effect unless expressly accepted in writing by CTL.

4.         CUSTOMER WARRANTIES AND RESPONSIBILITIES

  1. Ownership and Authority

The Customer warrants that they are the lawful owner of the goods or are duly authorized by the owner to contract for and on behalf of all parties interested in the goods. The Customer accepts responsibility for all charges, duties, and obligations arising in connection with the goods and the services provided.

  1. Accuracy of Information

The Customer warrants that all information, particulars, and documentation supplied to CTL—including, but not limited to, the description, nature, weight, quantity, dimensions, classification, and value of the goods—are true, complete, and accurate in every material respect.

  1. Packaging, Marking, and Compliance

The Customer undertakes that the goods are properly and sufficiently packed, labeled, and prepared for carriage, handling, and storage in accordance with applicable laws, regulations, and recognized trade standards. The Customer further warrants that the goods do not include any prohibited, unlawful, or undeclared hazardous materials.

  1. Inspection and Right of Refusal

CTL reserves the right, but not the obligation, to inspect, open, or verify any shipment to confirm its contents, condition, or compliance with the Customer’s declarations. CTL may refuse, detain, or return any shipment that, in its reasonable judgment, is improperly packed, unlawfully declared, or unsafe for handling, storage, or transport, without incurring any liability thereby.

  1. Indemnity

The Customer shall indemnify and hold CTL, its officers, employees, and agents harmless from and against all losses, damages, claims, liabilities, fines, penalties, or expenses (including legal costs) arising from or related to:

  • Any breach of these warranties;
  • Any inaccurate, incomplete, or misleading information provided; or
  • Any act, omission, or negligence of the Customer or its agents.

5. INSURANCE

  1. Customer’s Responsibility

CTL does not automatically provide or include cargo insurance as part of its services. It is the sole responsibility of the Customer to obtain and maintain adequate insurance coverage for any potential loss, damage, theft, delay, or other risk associated with the goods during transit, storage, or handling.

  1. Insurance Arranged Through CTL

Where the Customer expressly requests CTL to arrange insurance, CTL shall do so only as an agent of the Customer, and not as an insurer or principal. Any insurance so arranged shall be subject to the terms, conditions, exclusions, and limitations of the policy issued by the insurer.

  1. Limitation of Liability

CTL shall bear no responsibility or liability for any failure, omission, or inadequacy of insurance coverage, or for any dispute, delay, or rejection of claim by the insurer. The Customer’s exclusive recourse in such circumstances shall be against the insurer, not CTL.

  1. Proof of Insurance

Upon CTL’s request, the Customer shall provide evidence of valid and sufficient insurance coverage prior to shipment or storage of the goods. Failure to do so shall be deemed an acceptance by the Customer to bear all risks associated with the transportation and handling of the goods.

  1. Notice of Risk

Unless and until adequate insurance is expressly arranged and confirmed in writing, all goods are received, handled, stored, and transported entirely at the Customer’s sole risk. CTL, its agents, and subcontractors shall not be liable for any loss, damage, delay, or consequential loss howsoever arising, except to the limited extent provided under these Terms and applicable international conventions

6. RATES AND PAYMENT

  1. Payment Terms

All charges, fees, and costs relating to CTL’s services shall be payable in full and without deduction, set-off, or counterclaim prior to shipment, unless otherwise expressly agreed in writing by CTL.

  1. Currency and Method of Payment

All payments shall be made in the currency stated on the invoice and into the official bank account(s) designated by CTL. Payments made to unauthorized accounts or representatives shall not be recognized as valid settlement of any obligation. The Customer shall bear all bank charges, transfer fees, and currency conversion costs associated with payment.

  1. Interest on Overdue Accounts

Any amount not paid when due shall attract interest at the rate of two percent (2%) per month, or the maximum rate permitted by applicable law, whichever is lower, accruing daily until full payment is received.

  1. Adjustments and Additional Charges

All quotations, tariffs, and rates are based on current third-party charges, taxes, and exchange rates at the time of issuance. They are subject to adjustment without prior notice for variations in fuel costs, currency fluctuations, statutory levies, or carrier surcharges. The Customer shall be responsible for all such additional costs incurred after booking.

  1. Right of Lien and Disposal of Goods

CTL shall have a general and continuing lien on all goods, documents, and any related proceeds in its possession, custody, or control for all sums due from the Customer, whether arising from the same or any other transaction.
If any amount remains unpaid for thirty (30) days after written notice to the Customer, CTL may, at its discretion and without liability, sell or otherwise dispose of the goods by public auction or private sale and apply the net proceeds toward settlement of the outstanding debt, including all storage and sale-related costs.

  1. Recovery of Costs
    The Customer shall indemnify CTL for all reasonable collection expenses, legal fees, administrative costs, and disbursements incurred in the recovery of overdue amounts or enforcement of CTL’s lien.

7.         DELIVERY AND TRANSIT TIMES

  1. Estimated Transit Times

Any delivery or transit time communicated by CTL, whether in writing, electronically, or otherwise, shall be treated as an estimate only and not as a contractual commitment. Such estimates are based on information available at the time of quotation or booking and may vary depending on carrier schedules, routing, or external factors.

  1. No Guarantee of Delivery Dates

CTL does not guarantee delivery or arrival of goods within any particular time frame and shall not be liable for any failure to meet stated or estimated delivery dates. Transit and delivery times may be affected by factors including but not limited to customs clearance delays, port congestion, equipment availability, regulatory controls, or third-party carrier performance.

  1. Right to Route and Deviation

CTL shall have full discretion, without prior notice to the Customer, to determine or alter the means, route, or procedure to be followed in the handling, transportation, or storage of the goods.
CTL may, when deemed reasonably necessary for the safety of the goods or efficient performance of services, deviate from the usual route or mode of transport (including changing from sea to air, or from one carrier to another) without liability. Any additional expenses incurred as a result of such deviation shall be for the account of the Customer.

  1. Events Beyond Control

CTL shall not be liable for any loss, damage, or delay arising from or caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, embargoes, government actions, strikes, lockouts, labor disputes, natural disasters, weather disruptions, mechanical or equipment failures, or third-party defaults.

  1. Consequential Loss

In no circumstance shall CTL be liable for consequential, indirect, or special damages, including but not limited to loss of profits, revenue, business, goodwill, or opportunity, arising out of or in connection with any delay in delivery, non-delivery, or deviation.

8.         LIMITATION OF LIABILITY

  1. General Limitation

CTL shall not be liable for any loss, damage, misdelivery, delay, or non-delivery of the goods or any part thereof, howsoever arising, unless such loss or damage is proven to have resulted directly from CTL’s negligence or willful misconduct.

  1. Exclusion of Indirect or Consequential Loss

Under no circumstances shall CTL be liable for any indirect, incidental, special, or consequential loss or damage, including but not limited to loss of profit, revenue, business, market, anticipated savings, goodwill, or opportunity, whether arising in contract, tort, or otherwise.

  1. Monetary Limit per Package or Shipment

Unless a higher value has been expressly declared in writing by the Customer and accepted by CTL in writing, CTL’s total liability, whether arising from negligence, breach of duty, or otherwise, shall be limited to the lesser of:

  1. (a) USD 2.00 per kilogram of gross weight of the goods lost or damaged; or
  2. (b) USD 1,000 per shipment or consignment, whichever is lower.
  1. Air, Ocean, and Land Transport Liability

Where CTL acts as an agent for a carrier, warehouse, or third-party logistics provider, the terms, conditions, and limitations of liability applicable to such third parties (including those under the Hague-Visby Rules, CMR Convention, or Montreal Convention) shall apply to the Customer as if directly contracted with such carrier or provider.

  1. Declared Value and Additional Liability

If the Customer requires CTL to assume liability above the limits set forth herein, the Customer must make a written declaration of value before shipment and pay any additional charges required by CTL for such increased liability.

  1. Notification and Time Bar
    CTL shall not be liable for any claim unless:
  1. (a) Written notice of the loss or damage is given to CTL within seven (7) days of delivery (or of the expected delivery date in case of non-delivery); and
  2. (b) Legal proceedings are commenced against CTL within three (3) months of the date of delivery or expected delivery.
    Failure to comply with these time limits shall discharge CTL from all liability whatsoever.
  • Force Majeure

 

CTL shall not be liable for any loss, damage, or delay caused by acts of God, war, terrorism, natural disasters, strikes, civil commotion, embargoes, government actions, pandemics, mechanical failures, or any other event beyond its reasonable control.

1.         CLAIMS PROCEDURE

  1. Notice of Claim

Any claim by the Customer for loss, damage, shortage, or delay must be submitted to CTL in writing within seven (7) days of delivery of the goods. In the case of non-delivery, written notice must be provided within fourteen (14) days from the expected date of delivery.

  1. Supporting Documentation

Each claim must be accompanied by sufficient supporting evidence, including but not limited to the delivery receipt, packing list, commercial invoice, photographs, and any survey or inspection reports. CTL shall not be obliged to consider any claim that is incomplete or unsupported by appropriate documentation.

  1. Investigation and Settlement

CTL shall be given a reasonable opportunity to inspect and verify the goods, packaging, and alleged damage before any claim is accepted or settled. No deduction, set-off, or withholding of any sum alleged to be due under a claim shall be made from payments owed to CTL without its prior written consent.

  1. Claims Handling and Limitation of Recovery
    • CTL’s liability for any loss, damage, or delay shall not exceed the lesser of the actual value of the goods lost or damaged, or the amount recoverable under CTL’s applicable limitation of liability, as provided in these Terms and Conditions.
    • Only one claim may be submitted per shipment, and any settlement made by CTL shall constitute a full and final discharge of all liability relating to that shipment.
    • CTL shall not be liable for indirect, consequential, or special losses, including but not limited to loss of profit, business, or anticipated savings, however arising.
  2. Time Bar for Legal Action

Any legal proceedings against CTL arising out of or in connection with the loss, damage, or delay of goods must be commenced within nine (9) months from the date of delivery, or from the expected date of delivery in the case of non-delivery. Failure to comply with this time limit shall discharge CTL from all liability whatsoever.

10.     FORCE MAJEURE

CTL shall not be liable for any loss, damage, or delay caused by acts of God, war, terrorism, natural disasters, strikes, civil commotion, embargoes, government actions, pandemics, mechanical failures, or any other event beyond its reasonable control.

11.     CUSTOMS AND COMPLIANCE

  1. Agency Role

Unless expressly agreed otherwise in writing, CTL acts solely as an agent for the Customer in all customs clearance and regulatory matters, and not as a principal.

  1. Customer’s Responsibility

The Customer shall ensure that all commercial invoices, packing lists, permits, licenses, and declarations provided to CTL are accurate, complete, and compliant with all applicable customs laws, import/export regulations, and government requirements.

  1. Liability for Errors and Omissions

CTL shall not be liable for any penalties, fines, storage charges, confiscations, or delays arising from inaccurate or incomplete documentation, misdeclaration, under-valuation, incorrect tariff classification, or failure to comply with any applicable law or regulation. All such consequences shall be borne exclusively by the Customer.

  1. Right to Inspect and Disclose

CTL reserves the right to inspect, open, or permit inspection of any goods when required by customs, port authorities, or other competent agencies. CTL may also disclose shipment-related information to regulatory authorities as required by law.

  1. Indemnity
    The Customer shall indemnify and hold CTL harmless from any loss, claim, damage, or expense arising from a breach of customs, trade, or compliance obligations attributable to the Customer or their representatives.

12.     INDEMNITY

The Customer shall indemnify, defend, and hold harmless CTL, its directors, officers, employees, and agents from and against any and all claims, losses, liabilities, fines, penalties, damages, costs, and expenses (including reasonable legal fees) arising directly or indirectly from:

  1. any breach of these Terms, representations, or warranties by the Customer;
  2. any violation of applicable laws, regulations, or governmental requirements relating to the goods or their transportation; or
  3. any act, omission, negligence, or misconduct of the Customer, its employees, contractors, or agents in connection with the shipment or services provided.
  4. all claims, fines, damages, costs, or expenses arising from breach of warranties, violation of laws, or acts/omissions of the Customer or its agents.

This indemnity shall survive the completion or termination of any transaction or service provided under these Terms.

13.     DISPUTE RESOLUTION

  1. Amicable Settlement

The Parties shall, in the first instance, make every reasonable effort to resolve any dispute, controversy, or claim arising out of or in connection with these Terms, including their validity, interpretation, performance, or termination, through good faith negotiations within fourteen (14) days of written notice of the dispute by either Party.

  1. Mediation
    Where the dispute remains unresolved after the negotiation period, the Parties shall submit the matter to mediation at the Lagos Multi-Door Courthouse (LMDC) or any other recognized mediation centre mutually agreed upon by the Parties. Mediation shall be conducted confidentially and in good faith.
  2. Arbitration
    If mediation fails or is not concluded within thirty (30) days, the dispute shall be referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration and Mediation Act, 2023 (Nigeria).
    The arbitration shall:
  • Be seated in Abuja, Nigeria;
  • Be conducted in the English language;
  • Be administered by a sole arbitrator jointly appointed by the Parties, or, failing agreement, appointed by the appointing authority under the Act.
  • International Enforcement

 

The Parties acknowledge that the arbitral award shall be final and binding upon them and enforceable in any jurisdiction that is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958). For this purpose, each Party waives any objection to enforcement of the award in another jurisdiction on grounds of sovereignty or public policy, except as permitted under the Convention.

  1. Interim and Conservatory Measures

Nothing in this clause shall preclude either Party from seeking interim or conservatory relief from a court of competent jurisdiction pending the constitution of the arbitral tribunal.

  1. Continued Performance

During the pendency of any negotiation, mediation, or arbitration, both Parties shall continue to perform their respective obligations under these Terms to the extent possible, without prejudice to the arbitration proceedings.

14.     GOVERNING LAW AND JURISDICTION

These Terms and all disputes or claims arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law principles.

Where applicable, international conventions, treaties, or transport regulations (including but not limited to the Hague-Visby Rules, Montreal Convention, or CMR Convention) shall apply to the extent that they are compulsorily applicable to the services provided.

Subject to the provisions of the Dispute Resolution Clause, the courts of Nigeria shall have exclusive jurisdiction for all matters not otherwise resolved by arbitration.

15.     DATA PROTECTION AND CONFIDENTIALITY

CTL shall handle personal and commercial data in compliance with the Nigeria Data Protection Act, 2023. Customer information shall be used only for logistics operations.

16.     SEVERABILITY

If any provision of these Terms is or becomes invalid, illegal, or unenforceable under any applicable law, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable while preserving the Parties’ original intent.

If such modification is not possible, the invalid or unenforceable provision shall be severed, and the remaining provisions shall continue in full force and effect, unaffected and enforceable to the greatest extent permitted by law.

17.     ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between Cardin Trident Ltd (CTL) and the Customer, superseding all prior or contemporaneous communications, negotiations, representations, proposals, or agreements, whether written, oral, or implied, relating to the subject matter hereof.

No amendment, modification, or waiver of any provision of these Terms shall be valid unless made in writing and duly executed by an authorized representative of CTL.

By engaging CTL’s services, the Customer expressly acknowledges that they have read, understood, and agreed to be bound by these Terms and Conditions of Service, and that they have not relied upon any statement, representation, or warranty not expressly contained herein.