Standard Trading Terms

  1. (a) All and any business undertaken, including any advice, information or service provided whether gratuitously or not by Mawingo Construction 2010 Co. Ltd. herein called “the company”, is transacted subject to the conditions hereinafter set out and each condition shall be deemed to be incorporated in and to be a condition of any agreement between the company and its customers. No agent or employee of the company has the company’s authority to alter or vary these conditions. The servants, employees and agents of the company shall be entitled to the benefits of all provisions in these conditions which exclude or restrict tortuous liability of any kind. (b) If any legislation is compulsorily applicable to any business undertaken, these conditions shall, as regards such business, be read as subject to such legislation and nothing in these conditions shall be construed as a surrender by the company of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation and if any part of these conditions be repugnant to such legislation to any extent, such part shall as regards such business be void to that extent but no further.
  2. Customers entering into transactions of any kind with the company expressly warrant that they are either the owners or the authorized agents of the owners of any goods or property to which the transaction relates and further warrant that they are authorized to accept and are accepting these conditions for themselves, and also as Agents for and on behalf of all other persons who are or may thereafter become interested in the goods or property and do as such expressly indemnify the company from any claims arising .
  3. Whenever the company is instructed to undertake or arrange any contract, machinery hire, transport, storage or any other service, it shall be authorized to entrust the said responsibility or arrangements to third parties subject to the latter’s contractual conditions. The customer shall be bound by such conditions and shall indemnify the company against and claims arising out of their acceptance. The company is not a “common carrier”.
  4. Subject to the express instructions in writing given by the customer, the company reserves to itself absolute discretion as to the manner and timing in which such service/s are to be handled. Pending forwarding or delivery, goods may be warehoused or otherwise held at any place or places at the sole discretion of the company and the cost thereof shall be for the account of the customer. All goods without exemption will be handled, stored and or transported by the company at OWNER’S RISK
  5. The company is entitled to retain/be paid all brokerages, commissions, allowances and other remunerations.
  6. Quotations are given basis of immediate acceptance and are subject to withdrawals or revisions. The company shall be after acceptance, at liberty to revise quotations or charges with or without notice in the event of changes in exchange rates, fuel, indirect as well as direct taxation, labor costs, freight or any other factor supported by documentary justification, at liberty to revise the quotation or change charges applicable to the related services. All quantities are re-measurable and actual quantities on completion shall be deemed as prevailing.
  7. The customer shall be deemed to be bound by and to warrant the accuracy of all descriptions, values and other particulars furnished to the company for contractual, customs, consular and other purposes and they undertake to indemnify the company against all losses, damages, expenses and fines whatsoever, arising from any inaccuracy or omission or due to any negligence, this will include VAT or any other levy on invoices correctly raised in relation to services/goods provided, which for ever reason remain unpaid
  8. The customer shall be liable for any duties, taxes imposed, levies, deposits or outlays of any kind levied by any justifiable authority, wherever such may occur, in connection with any service/goods provided by the company. When goods or other are accepted or dealt with upon instruction to collect e.g freight, duties, charges or other expenses from the consignee or any other person, the customer shall remain responsible for the same if they are not paid by such consignee or other person immediately.
  9. No insurance will be effected except upon express instructions given in writing by the customer and all insurance effected by the company are subject to the usual exceptions and conditions of the policies of the insurance company or underwrites taking the risk. The company shall not be under any obligation to affect a separate insurance in each case, but may declare it on any open or general policy. Should the insurers dispute their liability for any reason, the insured shall have a recourse against insurers only and the company shall not be under any responsibility or liability whatsoever in relation thereto not-with-standing that the premium upon the policy may not be at the same rate as that charged by the company or paid to the company by its customer.
  10. The company shall not under any circumstances be liable for any loss, destruction, damage, deficiency or deterioration of any goods whilst the same are in the physical or constructive possession of the company. Without prejudice to the generally foregoing, the company shall not be responsible for any loss results from the negligence or willful default of the company, its agent and servants or not. The client/employer shall expressly indemnify the company for any liability whatsoever due to accidental damage to services/property such as e.g. structures, pipelines, walls, fences, trees/plants and cables of any description or size.