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These terms and conditions govern the Agency relationship between the Customer whose name and address is specified on the Purchase Order Form (“the client”) and NaijaShipping.
The Client wishes to appoint the Agent to assist with the sourcing and purchase of a Vehicle from the United Kingdom for use in Nigeria or any other relevant country. These terms and conditions govern the agency relationship between the Client and the Agent and establish the boundaries of responsibilities of the parties with regard to the sourcing and purchasing of the Vehicle.
The fixed sum payable by the Client to the Agent in full settlement of the Agent’s services under this Agency Agreement, the amount of which is set out in the Purchase Order Form;
NaijaShipping acting as purchasing agent;
The amount payable to the Agent on acceptance of the Purchase Order Form. If the Agent secures a Vehicle on behalf of the client in accordance with the clients instructions and the client withdraws from the Purchase, the Bid Deposit shall be applied by the Agent to meet the costs and/or losses associated with re-
The amount payable to the Agent on acceptance of the Purchase Order Form to secure on behalf of the client a Vehicle.
The customer being the person, firm or Company to whom this document is addressed as set out in the Purchase Order Form.
The person, firm or company from whom the Agent sources and arranges for purchase of the Vehicle as set out in the Purchase Order Form.
“Vehicle”The vehicle that the client instructs the Agent to source and arrange for purchase from the Supplier on the clients behalf as identified and described in the Purchase Order Form, under the Supplier’s contract in which their terms and conditions are incorporated.
2. Appointment of the Agent and Contract of Purchase
2.1 The client appoints the Agent to be its agent for the purpose of sourcing and arranging the purchase of the Vehicle from the Supplier. The Agent agrees to act in this capacity on the terms of this Agreement.
2.2 For this purpose, the client gives the Agent authority to enter into contracts for the purchase of the Vehicle from the Supplier on the terms of this Agreement on the clients behalf and in its name. The client agrees to honour all contracts which the Agent enters in this way. Under no circumstances whatsoever shall the Agent be deemed to be a party to any contract (other than this Agency Agreement), nor be liable in any way under any contract (other than this Agency Agreement) howsoever arising.
2.3 While this Agreement continues, the client agrees not to appoint any other agent.
3. Rights and duties of the Agent
3.1 The Agent shall use all reasonable endeavours to source and arrange for the purchase of the Vehicle on behalf of the client. Subject to the terms of this Agreement and any directions that the client may give from time to time, the Agent may perform its duties under this Agreement as it thinks fit.
3.2 The Agent shall negotiate a better price on behalf of the client if so instructed to.
3.3 The Agent cannot alter the nature and value of the supply arranged on behalf of the client.
3.4 The Agent shall where required by the client arrange and organise on behalf of the client the purchase of the Vehicle. However, the shipping and import of the Vehicle from the UK to Nigeria including the insurance of the Vehicle while in transit with a reputable insurance company shall be the responsibility and at the cost of the client. At the request of the client the Agent will endeavour to introduce to the client suitable shipping agent(s).
3.5 Important note: the Agent is not responsible for ensuring the vehicle complies with Nigerian or any other countries requirements.
3.6 Upon selection of the Vehicle the Agent shall provide the client with a best estimate of the cost breakdown relating to the purchase and importation of the Vehicle. While this estimate is given by the Agent using its acquired knowledge and experience, this remains indicative and should be treated as a guide only, and the Agent cannot guarantee that the cost breakdown is accurate or complete in all respects. At the request of the client, the Agent will provide details of a shipping agent to act on behalf of the client.
4. Purchase Order acceptance
4.1 No order for the Vehicle submitted by the client shall be deemed to be accepted until the Agent has confirmed the acceptance of the Purchase Order Form by the client electronically and the Agent has received the Deposit.
4.2 Upon receipt of remaining payment in full, the Agent will procure the sending of the original invoice, bill of lading and UK logbook (registration) documentation together with translation copies to either the client’s shipping agent or the client.
5. Right to cancel
5.1 After submission of a Purchase Order Form to the Agent such Purchase Order is then refundable any-
5.2 The client shall indemnify the Agent for any material losses and expenses (including loss of commission, cancellation of forward money exchange deals etc) resulting from such cancellation. .
6.1 The client agrees to pay to the Agent the Agent’s Commission, together with the Deposit (if applicable), by means of transfer to the Agent’s specified bank account.
6.2 Where a Bid Deposit is payable, the client agrees to pay to the Agent the Bid Deposit, together with the Agent’s Commission, by means of transfer to the Agent’s specified bank account. Upon the Agent securing the Vehicle at auction on behalf of the client, the client agrees to pay to the Agent the remaining balance by means of transfer to the Agent’s specified bank account without delay.
6.3 The client shall pay to the Agent, acting as trustee, sufficient funds to enable the Agent to make the auction deposit. The client shall carry the currency risk (exchange rates are quoted by the Agent on a daily basis) and shall pay the standard bank charges for transfer.
6.4 Where required the client shall provide the Agent upon request with sufficient personal identification documentation.
7. Client’s Indemnity to Agent
Except where the Agent is in breach of its obligations under this Agreement, the client shall indemnify the Agent against any liability incurred by reason of being held out as the clients agent, including without limitation all costs and expenses reasonably incurred by the Agent in instituting proceedings, defending proceedings, settling or attempting to settle any claim brought against or by a third party (including the Supplier) in relation to the Vehicle.
8. Vehicle Expenses
8.1 The price payable by the Client in acquiring the Vehicle from the Supplier shall be the Price quoted. Any subsequent reduction in the Price or any discount given by the Supplier shall be credited to the Client. Any increase to the Price beyond the Supplier’s control (including without limitation fluctuations in currency or changes in relevant taxes or duties) shall be the responsibility of the Client.
8.2 In addition, the Client agrees to be responsible for any expenditure incurred by the Agent in acquiring and purchasing the Vehicle under this Agreement on behalf of the Client and, to the extent not paid by the Client directly to a third party (such as the Shipping Agent) which would be the norm, shall pay these amounts to the Agent. The list below gives an indication of the types of additional costs that the Client will need to budget for including without limitation:
3rd party agent fee (any fee payable to another agent reasonably instrumental to the purchase and acquisition of the Vehicle);
Shipping cost (any costs related to the shipping of the Vehicle from the UK to Nigeria, including shipping insurance);
Optional extras (the costs of any optional extras requested by the Client);
Customs clearance fee;
Transport from the port;
Nigeria specification conversion cost (LHD);
Registration administration fee;
Vehicle servicing cost;
Other (any costs including storage or other charges resulting from the Clients neglect or default).
The Agent is responsible for the delivery of the Vehicle to the relevant port for export.
10. Property and Risk
10.1 Ownership of the Vehicle shall remain with the Supplier and shall not pass to the client until such time as the Price is received by the client in cleared funds. At no time does the Agent hold title to the Vehicle.
10.2 Risk in the Vehicle passes to the client on delivery to the UK port and the client agrees to take out appropriate insurance to cover such risks.
10.3 The Agent shall not be held responsible for any theft, total loss or damage to the Vehicle in the UK or in transit to Nigeria or any other country.
11. Governing Law
These terms and conditions shall be governed by English and International law and the parties agree to the exclusive jurisdiction of the courts of England and Wales.
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