In these terms, “Swiftwins”, “we”, “us” or “our” means Swiftwins Carriers and Forwarders LTD. “Customer”, “you” or “your” means any person or organisation using this website or requesting, booking, or receiving our services. A separate written quotation, service agreement, consignment note, or other accepted transport document may contain additional terms for a particular assignment.
About These Terms
These Terms of Service set out the general conditions for using our website and engaging our services. By browsing the website, submitting an enquiry, accepting a quotation, or confirming a booking, you agree to the provisions that apply to that activity. If you act for a company or another person, you confirm that you are authorised to do so.
Where a signed agreement, accepted quotation, consignment note, or service-specific condition conflicts with these general terms, the more specific document will govern to the extent of the conflict, subject to applicable law. Additional terms that materially apply to a particular engagement should be identified before the service is undertaken.
Our Services
Depending on the agreed scope, Swiftwins may provide or arrange transport, cargo handling, logistics coordination, freight forwarding, and related support services. The exact service, route, cargo, equipment, delivery point, and responsibilities will be determined by the accepted quotation or booking confirmation.
Descriptions on the website are for general information and do not guarantee that a particular service, vehicle, route, capacity, or delivery option will be available for every assignment. Operational details will be confirmed before a booking is accepted.
Enquiries and Bookings
An enquiry submitted through our website, email, telephone, or messaging channel is a request for information and is not, by itself, a confirmed booking. A booking becomes effective when we expressly accept it in writing or otherwise confirm it through an agreed business channel.
You must check the booking confirmation and promptly notify us of incorrect details. We may request additional information before accepting an assignment, including cargo dimensions, weight, value, loading conditions, route requirements, delivery access, and any permits or special handling needs.
Quotes, Pricing and Scope of Work
Our quotations are based on the information available when they are prepared and apply only to the stated cargo, route, dates, services, assumptions, and validity period. Unless expressly stated otherwise, a quote does not include unlisted costs such as storage, waiting time, extra loading or unloading, permits, duties, taxes, escorts, route changes, or third-party charges.
If the actual shipment differs materially from the information supplied, we may need to revise the price, schedule, equipment, or scope. We will communicate material changes for approval where reasonably practicable before incurring additional discretionary costs.
Customer Responsibilities
You must provide accurate, complete, and timely information about the shipment and services required. This includes the nature of goods, dimensions, gross weight, value, handling instructions, collection and delivery details, site restrictions, contact persons, and known risks or special requirements.
You are responsible for ensuring that the sender and recipient are ready at the agreed times, authorised personnel are available, and loading and delivery locations are safe and accessible for the agreed equipment. Delays or additional work caused by inaccurate information, unavailable personnel, unsafe access, or incomplete preparation may result in additional charges or rescheduling.
Cargo Description and Restricted Goods
You must disclose the true nature, quantity, condition, dimensions, weight, and value of all cargo before booking. You must not tender illegal, prohibited, undeclared, hazardous, perishable, unusually valuable, or special-handling goods without our prior written approval and all required declarations, permits, and safety information.
We may refuse or suspend a service where we reasonably believe cargo is unsafe, prohibited, inaccurately described, or outside the agreed scope. Any lawful steps taken to protect people, property, cargo, or regulatory compliance will be handled in accordance with applicable law and the relevant service agreement.
Packaging, Marking and Loading Readiness
Unless packaging is expressly included in our agreed scope, you are responsible for ensuring that cargo is properly packed, secured, marked, and prepared for the intended mode of transport. Packaging must reasonably protect the goods against normal handling and transit conditions and must not create a risk to people, equipment, other cargo, or property.
You must identify fragile, top-heavy, temperature-sensitive, hazardous, or special-handling items and provide clear written instructions where required. We may decline to load cargo that is inadequately secured, unsafe to handle, or inconsistent with the booking. Any resulting waiting, repacking, or return costs must be handled under the applicable agreement and law.
Collection, Delivery and Proof of Handover
Collection and delivery will take place at the agreed locations and within the stated arrangements, subject to access, safety, operating conditions, and availability of the relevant parties. You must ensure that the receiving party is authorised and able to accept the cargo and that site-specific instructions are communicated in advance.
A signed delivery note, electronic confirmation, or other agreed proof of handover may be used as evidence of delivery. If no authorised recipient is available, the site is inaccessible, or delivery cannot safely proceed, we may contact you for instructions and may charge reasonable additional costs for waiting, storage, redelivery, or return where permitted by the agreement and applicable law.
Transit Times and Operational Estimates
Any collection window, transit time, arrival estimate, or delivery date we provide is an estimate unless we expressly agree in writing that it is a guaranteed commitment. Transport schedules can be affected by traffic, weather, road conditions, border processes, security restrictions, equipment availability, and other operational factors.
We will make reasonable efforts to communicate material delays that become known to us. An estimate should not be treated as a guarantee that goods will arrive by a specific time. Tell us before booking if a deadline is critical so that feasibility and any special conditions can be assessed.
Customs, Permits and Shipment Documentation
Where a service involves cross-border movement or regulated cargo, the parties must agree who is responsible for preparing and submitting customs declarations, licences, permits, certificates, and other required documents. Unless expressly included in our written scope, you remain responsible for the accuracy and completeness of documents and information supplied by you or on your behalf.
You must cooperate with lawful inspections and provide requested documentation promptly. Duties, taxes, storage, demurrage, inspection, penalties, and other charges arising from missing, inaccurate, late, or non-compliant documentation may be payable by the responsible party, subject to the service agreement and applicable law.
Fees, Invoices and Payment
Charges, currency, deposits, credit terms, invoicing milestones, and payment deadlines will be stated in the accepted quotation, invoice, or written agreement. You are responsible for paying undisputed amounts by the due date and identifying any invoice query promptly with enough detail for us to investigate it.
Where payment is overdue, we may exercise remedies available under the agreement and applicable law, which may include pausing future services or recovering reasonable costs associated with the overdue amount. Any right to retain or withhold cargo must be supported by applicable law and the relevant agreement.
Changes, Postponements and Cancellations
Requests to change cargo details, routes, dates, equipment, collection points, or delivery instructions must be submitted through an agreed channel and are subject to written acceptance and operational feasibility. A change may affect the quoted price, timing, permits, or equipment requirements.
If you cancel or postpone a confirmed booking, you may be responsible for reasonable costs already committed or incurred, including mobilisation, third-party bookings, permits, storage, and cancellation fees clearly set out in the accepted quotation or agreement. This clause does not create a fee that was never agreed or is prohibited by law.
Delays and Events Beyond Reasonable Control
Neither party will be treated as having breached an obligation to the extent that performance is prevented or materially delayed by circumstances beyond its reasonable control, such as severe weather, flooding, fire, road closures, civil disturbance, public emergencies, government restrictions, industrial action, security incidents, or major infrastructure or communications failures.
The affected party should notify the other as soon as reasonably practicable and take reasonable steps to reduce the impact. Charges for work already performed or third-party costs properly incurred remain payable as provided in the agreement. This section does not excuse obligations that cannot lawfully be excluded.
Liability and Exclusions
Responsibility for loss of or damage to cargo, delay, or other loss will be determined by applicable law and the specific transport or service agreement, including any mandatory statutory or convention rules. Nothing in these terms is intended to exclude or limit liability where doing so would be unlawful.
To the extent permitted by law, we are not responsible for indirect or consequential loss, loss of profit, loss of business, or loss of opportunity that was not reasonably foreseeable or was not expressly accepted as part of the agreed service. Applicable limits, exclusions, notice requirements, and time limits should be stated in the relevant agreement and reviewed for legal enforceability before publication.
Cargo Insurance and Declared Value
Our service charges do not automatically mean that cargo is insured for its full replacement value. Before a booking is confirmed, ask in writing whether cargo insurance is available, who will arrange it, what risks and values are covered, and what exclusions, deductibles, conditions, or claims procedures apply.
If you require specific insurance or enhanced protection, the requirement must be agreed in writing before the shipment begins. You remain responsible for reviewing the policy and ensuring that the declared value and nature of the goods are accurate. We will not represent that insurance exists unless cover has been confirmed by the relevant insurer or authorised provider.
Claims, Discrepancies and Complaints
You should inspect cargo and record visible shortages, damage, or delivery discrepancies at handover where reasonably possible, and notify us promptly through an agreed written channel. Keep relevant records such as booking confirmations, consignment notes, photographs, delivery records, invoices, and a clear description of the issue.
Prompt notification helps us investigate but does not replace any formal notice or limitation period imposed by applicable law or the relevant contract. We will review complaints in good faith and may request further information. Nothing in this section reduces a statutory right or guarantees a particular outcome.
Third-Party Providers and Subcontracting
Where appropriate to the agreed service, we may use carriers, agents, handling providers, customs specialists, or other third parties to perform part of an assignment. The use of a third party does not change the agreed scope or the responsibilities that we have expressly accepted under the applicable agreement.
Third-party services may also be subject to their own transport documents, terms, and legal regimes. Where these are relevant to your shipment, we will identify them or make them available as reasonably practicable. We will not make claims about a provider's credentials, insurance, or performance that we have not verified.
Privacy and Handling of Information
We may use contact details, shipment information, location details, and business records to respond to enquiries, provide quotations, arrange and perform services, communicate with customers and recipients, process payments, meet legal obligations, and address disputes. Information should be limited to what is reasonably needed for these purposes and handled in accordance with applicable data protection law.
We may share relevant information with service providers, agents, insurers, regulators, or other parties where necessary for the agreed service, legal compliance, or legitimate business administration. A separate Privacy Policy should explain applicable rights, retention practices, and contact routes for privacy requests.
Website Use and Intellectual Property
You may use this website for lawful information, enquiry, and business purposes. You must not misuse the website, attempt unauthorised access, interfere with its availability or security, introduce malicious code, submit knowingly false information, or use our contact channels for unlawful, abusive, or fraudulent activity.
Unless otherwise stated, website text, visual design, branding, logos, and other materials belong to Swiftwins or the relevant rights holder and may not be copied, adapted, or commercially reused without permission, except where the law allows. Website content is general information and does not replace a confirmed quotation or written service agreement.
Applicable Law, Disputes and Updates
These terms should be interpreted under the laws applicable to the relevant service and transaction. For services contracted by Swiftwins in Kenya, the parties intend that Kenyan law will apply, subject to mandatory law, statutory transport regimes, or international conventions governing a particular shipment. The appropriate forum for a dispute should be confirmed in the applicable written agreement and reviewed by Kenyan legal counsel before these terms are published.
We may update these terms from time to time to reflect changes in our services, processes, or legal requirements. The version published on this page applies to website use from the date it is posted. Changes will not retrospectively alter an existing booking unless the parties agree or the law permits it. If any provision is held invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
Before You Book
For shipment-specific responsibilities, always rely on the accepted quotation, booking confirmation, transport documents, and any written service agreement that applies to your assignment.
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Contact our team before confirming a shipment if you need help understanding which terms apply to your assignment.