In Motion Delivery – Terms and Conditions of Carriage
IMPORTANT NOTICE
When entrusting your shipments to the services of In Motion Delivery, referred to as “IMD” hereafter, you, acting as the “Shipper,” hereby agree, on your behalf and on behalf of the consignee of the Shipment (“Consignee”) and any other concerned parties, to adhere to the following Terms and Conditions governing the carriage of your Shipment.
- Shipment and Services
A “Shipment” encompasses all documents or parcels transported under a single Tracking Number by IMD via any suitable means, including third-party transport. IMD is dedicated to providing local delivery services within the Coast Region and, through partnered carriers, to Nairobi and other counties within Kenya. It’s essential to note that IMD does not engage in international deliveries, customs clearance, or shipping. - Acceptable Shipments
A Shipment will be deemed unacceptable if it contains:- Firearms, ammunition, explosives, explosive devices or test pieces, air guns, replica or imitation firearms;
- Counterfeit goods;
- Cash (unless communicated and declared to the office in writing) or bullion (of any precious metal);
- Live animals, prohibited animal parts or remains, such as ivory;
- Human remains or ashes;
- Loose precious or semi-precious stones;
- Cannabis or its derivatives;
- Illegal goods, including narcotics or other illegal drugs;
- Hazardous material, dangerous goods, or prohibited/restricted articles under relevant regulations;
- Alcohol;
- Any item that IMD cannot safely or legally transport;
- Fragile and breakables;
- Oils and Liquids.
- Delivery and Undeliverables
IMD shall deliver Shipments to the address provided by the Shipper, except if it is a PO box or postal code. Shipments to clearly identified locations with a central receiving area will be delivered to that area. IMD may offer alternative delivery options to the Consignee, such as delivery on another day, no signature required, redirection, or collection at an IMD Service Point for Consignees who miss two attempted deliveries with no success.If a Shipment is deemed unacceptable as described in Section 2, or if delivery is refused by the Consignee, IMD will make reasonable efforts to return the Shipment to the Shipper at the Shipper’s cost. If returning the Shipment is not possible, IMD may release, abandon, dispose of, or sell the Shipment without incurring liability. IMD reserves the right to destroy Dangerous Goods Shipment if prevented by law enforcement agencies.
- Inspection
IMD reserves the right to open and inspect Shipments without prior notice for safety, security, or regulatory reasons. However, packing and confirmation can be conducted in the presence of an IMD representative to ascertain the nature of goods carried. - Shipment Charges and Fees
IMD’s Shipment charges are calculated based on actual or volumetric weight per piece, subject to potential re-weighing and re-measuring by IMD. Customs Duties and other charges may be requested from the Consignee before delivery in the case of international deliveries facilitated by our third-party partners. The Shipper is responsible for paying or reimbursing IMD or partners for all applicable Customs Duties and charges for services provided. - IMD’s Liability
IMD’s liability for any single Shipment transported within Kenya is limited to direct loss and damage, in accordance with applicable Kenyan laws and regulations. IMD is not liable for indirect or consequential loss or damage. - Claims
All claims must be submitted in writing to IMD within thirty (30) days of Shipment acceptance. Claims are limited to one claim per Shipment, and settlement shall be considered full and final. - Shipment Insurance
IMD may arrange insurance for loss of or damage to the Shipment if instructed by the Shipper in writing and if the applicable premium is paid. Shipment insurance does not cover indirect loss, damage caused by delays, or loss due to circumstances beyond IMD’s control. - Circumstances Beyond IMD’s Control
IMD is not liable for loss or damage arising from circumstances beyond its control, including but not limited to natural disasters, cyber-attacks, and governmental actions. - Shipper’s Representations and Indemnities
The Shipper indemnifies IMD and its directors, officers, employees, and agents from liabilities arising from the Shipper’s failure to comply with the Terms and Conditions. - Routing
The Shipper agrees to the routing and diversion of Shipments, including intermediate stops if necessary, especially for international deliveries facilitated by our partners. - Governing Law
Any disputes arising from these Terms and Conditions shall be subject to the non-exclusive jurisdiction of Kenyan courts and governed by Kenyan law. - Severability
The invalidity or unenforceability of any provision shall not affect other parts of these Terms and Conditions.For further information, please visit the IMD website (https://www.inmotion.co.ke/) or contact IMD Customer Service at 0743032081 or 0757771024 or 0104 580 014 send an email to info@inmotion.co.ke.