Terms & Conditions of Service

In these Terms, unless the context otherwise requires:

• "Kyakabi Cargo", "We", "Us", "Our" refers to Kyakabi Cargo, a brand of Kyakabi Group Limited, with headquarters in Kampala, Uganda.
• "Client", "You", "Your" refers to any individual or entity engaging our services.
• "Services" encompasses all logistics operations including but not limited to freight forwarding, customs clearance, warehousing, transportation, and related advisory services.
• "Goods" means the cargo, merchandise, or items entrusted to us for handling under these Terms.
• "Force Majeure" includes events beyond our reasonable control such as acts of government, war, terrorism, riots, natural disasters, port congestion, border closures, labor strikes, and pandemics.

2.1 Our Services

We act as a logistics service provider and/or customs broker as instructed by the Client. Our services may include:

• Arranging transportation via sea, air, road, or rail.
• Clearing goods through customs and other regulatory authorities in Uganda, Kenya, Tanzania, DRC, South Sudan, and other jurisdictions.
• Providing warehousing, storage, and distribution.
• Offering logistics consultancy and supply chain optimization.

We are not a common carrier. We provide services on these Terms and not under any international carriage conventions (e.g., Hague-Visby Rules) unless we specifically act as a principal in a contract of carriage and issue our own bill of lading.

2.2 Client Warranties & Responsibilities

You warrant and agree that:

• All descriptions, details, and documentation of Goods provided to us are accurate, complete, and sufficient for customs, transport, and legal purposes.
• The Goods are properly packed, labeled, and secured for the intended journey and comply with all applicable laws and regulations.
• The Goods are not dangerous, hazardous, illegal, or subject to embargo unless fully disclosed in writing and accepted by us prior to shipment.
• You will provide all necessary instructions, documents, permits, licenses, and authorizations in a timely manner.
• You are either the owner of the Goods or authorized agent acting with full authority of the owner.

3.1 Quotations & Validity

Quotations are based on current rates, currency exchange rates, fuel surcharges, and known charges at the date of issue. They are valid for 30 days unless otherwise stated. Quotations are estimates unless specified as a firm offer. We reserve the right to adjust charges if:

• Your instructions change or are incomplete or inaccurate.
• There are increases in carrier, government, or third-party charges.
• Currency fluctuations materially affect the cost.
• Additional services are required due to circumstances beyond our control.

3.2 Payment Terms

Late Payments: Overdue invoices will attract interest at 2% per month or the maximum rate allowed by law. We reserve the right to withhold services, documents, and/or Goods until all outstanding amounts are paid in full. You remain liable for all storage, demurrage, and detention charges incurred due to delayed payment.

4.1 Limitation of Liability

Our liability for loss or damage to Goods is strictly limited as follows:

• Where we are liable for loss or damage to Goods, our maximum liability shall be limited to the lesser of: (a) the value of the Goods lost or damaged, (b) the cost of repairing the damage, or (c) US$5.00 per kilogram of gross weight of the lost or damaged Goods.
• We shall in no circumstances be liable for loss of profit, loss of market, loss of use, consequential loss, or any other indirect loss, regardless of whether such loss was foreseeable.
• All claims must be notified to us in writing within 7 days of delivery (or the date when Goods should have been delivered) and a formal written claim submitted within 30 days. Failure to comply will extinguish any right to claim.

4.2 Insurance

Goods are not automatically insured by Kyakabi Cargo. We can, upon your written instruction and at your expense, arrange marine/all-risk cargo insurance. It is your responsibility to ensure adequate insurance coverage is in place for the entire transit and storage period.

We shall not be liable for any failure or delay in performing our obligations if such failure or delay is caused by a Force Majeure event. This includes, but is not limited to:

• Government actions, customs delays, or regulatory changes.
• Port congestion, vessel diversions, or equipment shortages.
• Bad weather, natural disasters, or pandemics.
• Civil unrest, war, terrorism, or border closures in Uganda, Kenya, DRC, South Sudan, or transit routes.

In such events, we will make reasonable efforts to notify you and mitigate the impact but are not responsible for additional costs or delays incurred.