Terms & Conditions

1. About These Terms

These Terms and Conditions (the “Terms”) govern your use of the website at www.allportsgroup.com (the “Website”) and every quotation, booking and service provided by Allports Group.

In these Terms:

• “Allports Group”, “we”, “us” or “our” means Allports Shipping Services Limited and Allports Kenya Limited, both companies incorporated in Kenya. For any particular service, the contracting company is the one named on the quotation, booking confirmation or invoice.
• “Customer” or “you” means any person or business who uses the Website, requests a quotation or instructs us to provide Services, and anyone acting on their behalf.
• “Goods” means the cargo, including any container, packaging or equipment not supplied by us, for which we provide Services.
• “Services” means all services we provide, including sea, air and road freight forwarding, customs clearance, transport, warehousing, consolidation, courier and related logistics services.

By using the Website or instructing us to provide Services, you accept these Terms. If you do not accept them, please do not use the Website or our Services.

2. KIFWA Standard Trading Conditions

All Services are provided subject to the current edition of the Standard Trading Conditions of the Kenya International Freight and Warehousing Association (KIFWA) (the “KIFWA Conditions”), which are incorporated into every contract with us by reference. A copy is available free of charge on request.

The KIFWA Conditions set out, among other things, the limits of our liability, the time limits for claims and our rights of lien. If there is any conflict, the following order of priority applies:

• First: a written agreement signed by an authorised representative of Allports Group, to the extent it expressly overrides these Terms;
• Second: the KIFWA Conditions;
• Third: these Terms; and
• Fourth: the terms of any quotation.

Where we arrange carriage by a shipping line, airline, road haulier or other carrier, the terms of that carrier’s bill of lading, air waybill, consignment note or other transport document also apply to the carriage itself. So do any international convention or mandatory law that governs that carriage.

3. Quotations and Bookings

• Validity: Quotations are valid for the period stated on them and depend on space and equipment being available when the booking is made.
• Basis: Quotations are based on the information you provide, including the description, weight, dimensions, volume, value and routing of the Goods. If that information turns out to be different, we may revise our charges.
• Exclusions: Unless a quotation expressly says otherwise, it does not include customs duties, government taxes and levies, destination clearance, inspection fees, loading and unloading, certificates of origin, legalisation, storage, demurrage, container detention, origin and destination local charges, port or terminal charges, insurance, or any other charges outside the quoted scope.
• Special cargo: Unless a quotation expressly says otherwise, rates apply to general, stackable cargo only. They are not valid for dangerous goods (DGR), perishables, out-of-gauge cargo or cargo needing special handling equipment. Where such cargo is involved, additional costs will apply.
• Surcharges and rate changes: Freight rates and carrier surcharges, such as the bunker adjustment factor (BAF), currency adjustment factor (CAF) and general rate increases (GRI), are set by carriers and can change. Surcharges are charged at actuals as and when they come into force. We may revise a quotation at any time by giving you notice.
• Errors and omissions: Quotations are issued subject to errors and omissions (E&OE).
• Online estimates: Rates or transit times shown by any calculator or tool on the Website are indicative only. They do not form a quotation or offer.

4. Your Responsibilities

You warrant that you are either the owner of the Goods or the authorised agent of the owner, and that you have authority to accept these Terms on the owner’s behalf. You also agree to the following:

• Accurate information: You will provide complete and accurate details of the Goods, including their description, quantity, weight, dimensions, value, tariff (HS) classification and country of origin. You will also provide the verified gross mass (VGM) of any container you pack, as required by the SOLAS Convention.
• Documentation: You will provide, in good time, all commercial invoices, packing lists, permits, licences, certificates and other documents needed for export, import, transit or customs clearance.
• Packaging and marking: Unless we have agreed in writing to pack the Goods, you will ensure they are properly packed, secured, marked and labelled to withstand normal handling and transport. If Goods are not properly packed and have to be re-packed, the re-packing will be charged at actuals.
• Dangerous goods: You will not tender dangerous, hazardous or perishable goods without first declaring them in writing and receiving our written acceptance. You will also comply with the IMDG Code, the IATA Dangerous Goods Regulations and any other applicable rules.
• Compliance: You will comply with all applicable laws, including customs, export control, sanctions and anti-bribery laws.
• Indemnity: You will indemnify us against all losses, fines, penalties, duties, charges and expenses that arise because you broke any of these obligations.

5. Prohibited and Restricted Goods

We will not knowingly handle goods whose import, export, transit or carriage is illegal, or goods that are prohibited by the carrier concerned. This includes narcotics, counterfeit goods, and weapons or ammunition without the required permits. We may refuse, hold, return or hand over to the authorities any Goods that we reasonably believe are prohibited, unsafe or incorrectly declared. We may do this without liability to you and at your cost.

6. Customs Clearance

• Agency: When we clear Goods through customs, we act as your agent as a licensed customs agent under the East African Community Customs Management Act, 2004. We rely on the information and documents you provide.
• Duties and taxes: You remain responsible for all duties, taxes, levies and charges assessed by the Kenya Revenue Authority or any other authority. This includes amounts assessed after clearance, for example following a post-clearance audit.
• Funding: Unless we agree otherwise in writing, you must provide funds for duties, taxes and third-party charges before they are due. We are not obliged to pay these amounts on your behalf.
• Penalties: Any fines, penalties, storage or other costs caused by inaccurate, incomplete or late information or documents from you are for your account.

7. Charges and Payment

• Payment terms: Our invoices are payable in full on the invoice date, unless we have agreed other terms with you in writing.
• No set-off: You must pay our charges in full, without any deduction, set-off or counterclaim. This applies even if you have made or intend to make a claim against us.
• Late payment: We may charge interest on overdue invoices at 3% per month, from the date payment falls due until it is paid in full. We may also recover our reasonable costs of collection.
• Taxes and bank charges: Our charges are exclusive of VAT and other taxes, which will be added where applicable. Bank and currency conversion charges are for your account.
• Third-party charges: You will pay all charges from shipping lines, airlines, ports, terminals, inland container depots, warehouses and authorities that arise in connection with the Goods, whether they are billed to you directly or through us.

8. Lien

We have a general and particular lien over all Goods and documents in our possession, for all amounts you owe us on any account. If those amounts are not paid, we may, after giving you notice, sell or otherwise dispose of the Goods at your cost and apply the proceeds towards the amounts owed. We will do so in accordance with the KIFWA Conditions and applicable law.

9. Storage, Demurrage and Detention

You are responsible for storage, demurrage, container detention, customs warehouse rent, container damage and similar third-party charges. This applies where those charges arise from any cause other than our own negligence, including delays beyond our control, late or missing documents, customs holds or inspections, failure to take delivery, or the consignee refusing the Goods.

We do not pay these charges on your behalf. Unless we agree otherwise in writing, you must pay them before the Goods are released.

10. Liability and Insurance

• Limits: Our liability for loss of, damage to or delay of the Goods, and for any other claim connected with the Services, is limited as set out in the KIFWA Conditions and in any international convention or mandatory law that applies.
• Excluded losses: We are not liable for loss of profit, loss of market, loss of business or goodwill, or any indirect or consequential loss, however it arises.
• Delay: Transit times and delivery dates are estimates only. They are not guaranteed unless we have expressly agreed in writing to a fixed delivery date.
• Insurance: We do not insure the Goods unless you instruct us to do so in writing before shipment and agree to pay the premium. We strongly recommend that you insure all Goods for their full value. On request, we can arrange cargo insurance on your behalf. In that case we act only as your agent, and the insurer’s policy terms apply.
• Nothing excluded by law: Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited.

11. Claims

• Inspect on delivery: Please inspect the Goods on delivery. Record any visible loss or damage on the delivery note or equivalent document before signing for the Goods.
• Written notice: All claims must be notified to us in writing, with supporting documents, within the time limits set out in the KIFWA Conditions. For carriage by a carrier, the time limits in the carrier’s transport document or the applicable convention also apply. Claims not notified within these limits may be barred.
• Charges still payable: A pending claim does not entitle you to withhold payment of our charges.

12. Cancellations and Changes

• Cancellations: Cancellations must be made in writing. You will pay any charges and costs already incurred, including carrier cancellation or dead-freight charges and equipment costs.
• Changes to a booking: Changes to routing, delivery instructions, consignee or cargo details must be requested in writing. They take effect only once we confirm them, and they may result in additional charges.
• Bill of lading and manifest amendments: Any amendment to a bill of lading or manifest after the vessel has departed will be charged at cost.

13. Subcontracting and Force Majeure

• Subcontractors: We may use carriers, agents, warehouses, hauliers and other subcontractors to perform the Services. Each of them has the benefit of the exclusions and limits of liability in these Terms and the KIFWA Conditions.
• Force majeure: We are not liable for any failure or delay caused by events beyond our reasonable control. These include natural disasters, severe weather, epidemics, war, terrorism, civil unrest, strikes, port congestion, actions of governments or authorities, and failures of carriers or utilities.

14. Use of the Website

• Information only: Content on the Website is general information about our Services and does not form an offer. While we try to keep it accurate and up to date, we do not guarantee that it is complete, accurate or current.
• Tracking: Shipment tracking information is provided for convenience. It may depend on data from carriers and third parties, and it may not always be complete or up to date.
• Accounts: If you are given access to a customer account or portal, you are responsible for keeping your login details confidential and for all activity under your account.
• Acceptable use: You must not misuse the Website. This includes attempting unauthorised access, introducing malicious code, scraping the Website, or using it for any unlawful purpose.
• Intellectual property: The Website and its content, including text, images, logos and the Allports name and marks, belong to Allports Group or its licensors. They may not be copied or used without our written permission, except for viewing and printing for your own business purposes.
• Third-party links: Links to other websites are provided for convenience only. We are not responsible for their content or practices.

15. Privacy

We handle personal data in accordance with the Data Protection Act, 2019 of Kenya. For details of what we collect and how we use it, please read our Privacy Policy.

16. Governing Law and Disputes

These Terms, and any contract for Services, are governed by the laws of the Republic of Kenya. Subject to any dispute resolution provisions in the KIFWA Conditions, the courts of Kenya have exclusive jurisdiction over any dispute arising from them. Before starting proceedings, both parties will first try in good faith to settle the dispute through discussion.

17. General

• Changes to these Terms: We may update these Terms from time to time by publishing a new version on the Website. The version in force on the date of your booking applies to that booking.
• Severability: If any provision is found to be invalid or unenforceable, the remaining provisions continue in full force.
• No waiver: A failure or delay by us in enforcing any right is not a waiver of that right.
• Language: These Terms are written in English. If this document is translated, the English version prevails.

18. Contact Us

For questions about these Terms, or to request a copy of the KIFWA Conditions, please contact us:

• Nairobi Office: Mombasa Road, Nairobi, Kenya
• Mombasa Office: Ukumbusho House, Nkrumah Road, Mombasa, Kenya