SERVICES AND PRICING

• • The assigned routing service from Newnet Express includes the collection, transport and delivery of the item. Items are strictly transported using the most efficient transport route in providing the assigned service to the recipient. The dispatch is, depending on service type principally delivered within the transit time listed on the currently valid price list. These transit times are purely for informational purposes and are not binding; the obligation to remain within a certain transit time is therefore not beholden. The obligation to the adherence to a specific time limit is only given where this should be expressly specified in writing in a separate contract. Dispatch to islands not connected to the mainland is strictly excluded from transit time limits.
  • The delivery charge issued to the client covers only one pickup attempt and one delivery attempt. In a situation where the recipient is unavailable upon delivery of the item, the client will be charged a fee before another delivery attempt would be made else the client could opt to pick-up their package from the location where the item is being held.
  • The following consignments are strictly excluded from transit:
    • Consignments of exceptional value. Exceptional value is particularly – but not exclusively – items with a value exceeding $500000.
    • Items containing dangerous goods subject to the rulings of the Agreement in all our countries of operation concerning the International Carriage of Dangerous Goods by Road (ADR), and which are classified as dangerous with special identification duty, and could potentially endanger goods, people, animals or means of conveyance.
    • Items for international transport excluded from air transportation especially all forms of goods in liquid form, according to International Air Transport Association (IATA) or International Civil Aviation Organisation (ICAO) regulations.
  • If a client should request the transport of items of exceptional value, these items may be conveyed if the client additionally provides express, written specifics pertaining to the correct value of the item to be conveyed, and a separate contractual agreement is made. In these cases, an additional transport or insurance of specie in transit is to be acquired. The client is entitled to any insurance benefits arising from the insurance taken out.
  • The transporting of dangerous goods requires the prior, express, individual agreement of the relevant Newnet Express station, contrary to the ruling in item 2 under the services and price section. The client is to communicate in advance the exact form of danger and – where necessary – any precautionary measures to be taken, in writing, in English and with adequate prior notice. If the shipped goods contain dry ice or liquid nitrogen, then this must be indicated in writing by the sender when the shipment is commissioned. The duty of notification is not subject to contrary agreements. The client is responsible for ensuring that when the dangerous goods are transferred to Newnet Express, the valid statutory requirements in respect to declaration, packaging, transfer of transport papers, written instructions etc. are observed to, even if the onus strictly lies on the person actually surrendering the freight. The transport of dangerous goods is strictly excluded from a fixed transit term.

• The client shall ensure transit secure packaging of a consignment. Damage arising from non-transport secure packaging is the liability of the client.
• Newnet Express is not under obligation to control the contents of a consignment on acceptance. Acceptance does not represent a waiver of the statutory rights stipulated in the applicable law, those stipulated in our countries of operation regarding the courier and logistics industry. This is also applicable for goods excluded from these conditions, if a dangerous or excluded consignment is returned to the sender, the client will be liable for the return transport costs.
• Payment for transport is to be paid in cash to the courier at the time of dispatch at the latest, unless a contrary agreement prior to the acceptance of the goods to be transported. If payment should not be made on or after acceptance of the consignment, a dunning procedure will commence – unless a differing arrangements have been agreed concerning the demands arising from the consignment service and other supplementary services – without further reminder within fourteen days of acceptance of the consignment or ten days following receipt of the invoice, whichever should be at the latest point in time. Newnet Express imposes interest on defaulted payments at least 0.5% of the actual payment. The assertion for further damages caused by delay remains hereby unaffected, as does the proof of loss caused by delay has not occurred or to a significantly lesser extent.

ACCEPTANCE AND DELIVERY

• At the latest on the handing over of the consignment by or on behalf of the sender; the dispatch follows as soon as the infrastructure and the schedule of the individual courier allows.
• If a delivery term should be agreed expressly and in writing, this shall commence with the acceptance of the consignment. If undeliverable, the delivery term is to be extended by one day.
• Newnet Express is authorised – but not obliged – to open consignments for purposes of address verification or for reasons concerning the correct execution of the contractual assignment.
• Packets may also be placed in letterboxes, where has been agreed. These packets are considered delivered when placed into the letterbox. Our liability ends with the placement of the packet into the letterbox of the designated recipient.
• Packets, the receipt of which is rejected by the intended recipient, or which cannot be delivered for other reasons, will be returned to the sender using the same type of service requested for the original transport at the sender’s expense in accordance with the current Newnet Express price list, unless agreed to the contrary.
• Deliveries will be made to the recipient in exchange for a signature. A delivery can only be made to the recipient’s spouse or other family members, other people also present at the recipient’s address or the recipient’s neighbours if it can be assumed under the circumstances that they are authorised to accept the delivery and if the carrier immediately informs the recipient about the shipments and the person who accepted them on the recipient’s behalf (name and address of the building resident or neighbour) by placing a delivery notice in the recipient’s mail receptacle (letter box, etc.). Delivery to other building residents or neighbours is not possible if the sender issued directions against it or if the recipient has prohibited those types of delivery with a message in text form. If a business address is given as the receiving address, the delivery will be made during conventional office hours.

LIABILITY

• National conveyance of items: Newnet Express carries statutory liability for the loss or damage of items. Independent of the above named restrictions of liability, the liability of Newnet Express in cases of damage or loss shall be regulated as follows: The liability for exceeding an expressly agreed delivery term for a national shipment is restricted to three times the freight cost as stipulated. If Newnet Express in the transport of an item, is liable due to a breach of a contractual obligation for damage, which ensues for reasons other than through loss or damage to the item or through the exceeding of an expressly agreed delivery term, and if it should be damage other than damage to property or personal injury, liability will also in this case be restricted to three times the amount which would be paid on the loss of the item. Newnet Express is excluded from liability – irrespective of on which legal grounds – if and as in so far the damage is caused by circumstances, which Newnet Express even when observing professional care could not avoid and the consequences of which Newnet Express could not have averted. This shall particularly apply if damage is caused through instructions from the client or his vicarious agents, also if the source of damage is one, which Newnet Express could not influence, such as force majeure, nature of the item, rioting, strike, electrical or magnetic damage to or the deletion of electrical or photographic pictures, data or recordings.
• International transport of items: For international transport the stipulations of international agreements will apply.

STIPULATIONS FOR CUSTOMS CLEARANCE

• The client is to provide all necessary documents for customs clearance. With the submittal of the necessary documents the client confirms that all declarations, export and import information are true and correct; the client is aware that the submittal of incorrect and fraudulent declarations may have legal consequences both in civil and criminal law, including confiscation and sale of the goods.
• With the transfer of the item to the courier, Newnet Express is assigned, in as far as permitted to act as customs agent to clear the goods. Newnet Express is appointed as nominal recipient for the purpose of assigning a customs broker for performing the custom formalities. Prices for customs clearance are the listed tariff supplements as per the applicable Newnet Express price list.
• Duties, storage costs and other costs, arising through handling by customs officials or from the non-submittal of required documentation, licenses or permits by the client or the recipient will also be invoiced to the recipient as increased customs fees and taxes, where he should assert his right for delivery of the item. If the recipient does not immediately fulfil his payment obligations the client becomes liable for these payments.

DATA PROTECTION

Newnet Express is authorised to collect, store and process all data assimilated in connection with its services and to forward this data to partners of (Newnet Express) also internationally – to the extent required for the providing of services. Data may also be processed in respect of further services and offers from Newnet Express. The client declares his agreement to such data collection and processing as well as the forwarding of data, particularly to public agencies or customs.

TRADEMARKS AND COPYRIGHTS

All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Ghanaian copyright laws and international conventions. All rights are reserved.

DISCLOSURE OF INFORMATION

All information provided to Newnet Express by visitors to these web pages is considered to be confidential and will not be disclosed by Newnet Express to any third party except as may be required for the provision of the services.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

APPLICABLE LAW AND JURISDICTION

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be interpreted and governed by and construed in accordance with the law of Ghana. [although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country]. Each party hereby agrees to submit to the jurisdiction of the Ghanaians courts. Newnet Express Ghana is a self-operated company registered in Ghana.

TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination.

LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on our site other than that set out above, please address your request to info@newnetexpress.com.

LINKING FROM OUR SITE

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

ACCOUNT OPENING

An order needs to be placed to open an account with Newnet Express.

CONTACT

If you have any concerns about material which appears on the Site, please contact hello@newnetexpress.com.