TERMS AND CONDITIONS
Terms and conditions for transportation and order fulfillment services. These terms and conditions govern all Transactions and related services provided by the company.
**DEFINITIONS**
“We,” “us,” “our,” “DSG,” and “DSG Automation” refer to DSG Automation Ltd, its group of companies, employees, agents, and independent contractors. “You” and “your” refer to the customer procuring DSG’s services.
YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS
2.1 By registering for DSG’s shipping services, becoming a DSG Automation member, or making payments through DSG’s website, Till Number , and or Bank Accounts, you agree to these terms and conditions. This agreement extends to anyone involved in shipping, purchasing, and home delivery services. It also applies to any subcontractors, employees, directors, or agents we engage to fulfill your service requests. We are not obligated to follow any instructions that conflict with these terms.
2.2 DSG reserves the right to modify, suspend, or discontinue its services at any time without prior notice. We may revise these terms at our sole discretion by updating the agreement on our website. Continued use of DSG services after changes take effect constitutes acceptance of the revised terms.
2.3Failure to comply with any of these terms may result in the automatic termination of your rights under this agreement without notice. In such cases, DSG may revoke your access to its services. Our decision not to enforce strict compliance does not waive any of our rights.
THE ORDERING PROCESS
**3.1** By completing a purchase through DSG and making payments via our “Paybill , Till Number or Bank Account ” , you authorize DSG to procure goods on your behalf. A binding contract is formed once we accept your order. No orders will be placed until we receive confirmation of your deposit payment, which must be at least 50% of the estimated total invoice. We are not responsible for payment delays and will not process orders without payment authorization.
**3.2** The following steps must be completed for a contract to be established: After placing an order, you will receive an email or Text confirmation acknowledging your request. This confirmation will list the products ordered but does not signify acceptance of your order.
3.3DSG does not participate in bidding for items on auction platforms.
3.4We reserve the right to refuse any order, including but not limited to situations where:
– The product is unavailable from the supplier.
– Your payment is not authorized.
– There is an error in pricing or product details on our website.
– You cancel your order.
PRICING AND PAYMENT
4.1Prices are quoted in local currency, and payments are accepted in US Dollars. GBP or Kenyan Shillings via payment platforms :MPESA, Bank transfers.
4.2 You must make a full paynent payment before DSG places any order on your behalf unless otherwise advised by DSG.
4.3 While we strive for accuracy in pricing, quotes may vary. If an item becomes unavailable, we will notify you as soon as possible.
4.4 Payment for shipping services, including applicable surcharges, may be made prior to shipment collection or delivery.
4.5 By accepting delivery or collecting your shipment, you waive your right to dispute our invoices.
4.6 Our charges are based on the actual or volumetric weight of shipments, whichever is higher. Volumetric weight is calculated using industry-standard methods.
4.7 Goods left uncollected for over 30 days will incur storage charges. After this period, DSG is not liable for damages to your shipment.
4.8 DSG reserves the right to pursue legal action, including liens and property sales, for unpaid service fees.
DANGEROUS GOODS AND SECURITY**
5.1 SG does not transport items classified as dangerous under regulations by the International Civil Aviation Organization (ICAO), Federal Aviation Authority (FAA), International Air Transport Association (IATA), Kenya Civil Aviation Authority, or any other governing body. Different delivery timelines may apply for hazardous goods.
5.2 In certain cases, DSG may transport hazardous items if they comply with all regulatory requirements. Prior written approval must be obtained via the DSG website or official email. Dangerous goods include but are not limited to lithium batteries (phones, laptops, cameras, wireless devices) and alcohol-containing products (perfumes, deodorants, hairspray). DSG is not liable for such shipments if approval is not granted beforehand.
5.3 Some dangerous goods may be exempt from restrictions; details are available upon request.
5.4 You must accurately declare shipment contents and provide all required documentation. Your responsibility is not waived by submitting this information.
5.5 DSG strictly prohibits the shipment of weapons, ammunition, and related items.
5.6 Shipments may be subject to security screening, including x-ray and explosive trace detection. You consent to inspection of your shipment at any stage.
5.7 If using DSG’s “Shipping Only” service, you confirm that your package has been prepared securely to prevent unauthorized interference.
5.8 You are responsible for ensuring your goods are suitably packed for international transport.
**5.9** DSG does not accept prohibited items and is not responsible for returning such items to the sender.
5.1 We may be required to share shipment details, including personal data, with authorities for customs and security purposes.
EXPORT CONTROLS
6.1 You are responsible for complying with all applicable export control laws, including restrictions on trade in military and strategic goods and dealings with sanctioned individuals or entities.
6.2 DSG does not accept shipments from or to parties listed on United Nations or regional sanctions lists.
6.3 You must identify any shipments subject to pre-export regulatory controls and provide all necessary documentation.
6.4 You are responsible for obtaining all required export/import licenses and ensuring the consignee is authorized to receive the goods.
6.5 DSG assumes no liability for your failure to comply with export regulations.
**RIGHT OF INSPECTION**
7.1 You acknowledge that DSG or any governmental authority, including customs and security agencies, may open and inspect your shipment at any time.
CUSTOMS CLEARANCE
8.1 You appoint DSG as your agent for customs clearance purposes. If we subcontract this work, you authorize DSG to act as the consignee for customs processing.
8.2 You confirm that all information provided for customs clearance is accurate. False or fraudulent statements may result in legal action, including confiscation of shipments.
8.3 Any customs duties, taxes, penalties, or additional expenses incurred due to regulatory requirements will be charged to you.
8.4 While DSG will expedite customs clearance, we are not liable for delays caused by customs or other government authorities.
DELIVERY TERMS AND LIABILITY
9.1 DSG will make reasonable efforts to deliver shipments within estimated timeframes. However, we do not guarantee specific delivery dates or times and are not liable for delays caused by third parties, customs, weather conditions, or other factors beyond our control.
9.2 Deliveries will be made to the address provided by you. Any changes to the delivery address after dispatch may result in additional charges.
9.3 If a shipment is undeliverable due to incorrect information provided by you, additional charges may apply for re-delivery or return shipping.
YOUR OBLIGATIONS
10.1 Authority: You confirm that you are the owner or an authorized agent of the owner of the goods and that the owner has granted authority to accept/receive the goods upon their arrival.
10.2 You are responsible for ensuring that each package is accurately and completely described, properly marked and addressed, and adequately packaged to protect its contents during transit.
10.3 You are required to disclose to DSG Automation if your package contains items classified as hazardous materials or dangerous goods.
10.4 You must ensure that the contents of your shipment are not restricted by the FAA, IATA, CAA, or any other applicable regulatory body. Additionally, neither you nor the consignee may be a person or organization prohibited from trade under any relevant laws or regulations.
10.5 You agree to indemnify and hold us harmless against any liabilities, costs, damages, or expenses, including legal fees, that we may incur as a result of your breach of any of these warranties, representations, or guarantees—even if we inadvertently accept a shipment that violates your obligations.
10.6 As the recipient, you must carefully document and report any loss or damage within 24 hours of delivery. You are responsible for specifying the type of damage. Please note that damage or loss claims are subject to an investigation by DSG Automation, which may take up to 40 days.
EXTENT OF OUR LIABILITY
11.1 Our liability to you for transportation services, including but not limited to breach of contract, negligence, willful misconduct, or default, is limited to a maximum of $10 per kilogram or the cost of repairing the affected part of the shipment, whichever is lower, with a total cap of $100 per shipment. We do not accept liability for any used items purchased or sent from any platform.
11.2 We will deliver the exact product you ordered through DSG Automation’s “Buy on Behalf” service. If we are unable to do so, we will issue a full refund. For undelivered goods, DSG Automation will provide a refund using the same mode of payment.
EXCLUSIONS OF LIABILITY
12.1 We are not liable for any loss of income, profit, market opportunities, reputation, customers, usage, or business prospects—even if we were aware that such damages might occur. We are also not responsible for any indirect, incidental, special, or consequential losses, regardless of the cause, including breach of contract, negligence, or willful misconduct.
12.2 We are not liable for any goods ordered from third-party outlets, unverified vendors, or non-reputable websites. We will not be responsible for items that do not come directly to our warehouse from a professional retailer, including purchases from third-party sellers such as eBay or items sent by family or friends.
12.2.1 We are not responsible for discrepancies in your order when using our shipping-only services. If your package arrives incomplete or different from your order confirmation, you must resolve the issue directly with the retailer.
12.3 We are not liable for failure to fulfill any obligations due to:
12.3.1 Circumstances beyond our control, including but not limited to natural disasters (earthquakes, storms, floods, fires), disease outbreaks, wars, piracy, strikes, embargoes, disruptions to transportation networks, or criminal acts such as theft and arson.
12.3.2 Actions or omissions by you or third parties, including failure to meet your obligations as outlined in Clause 9, or interference by customs, security, airline, or government officials.
12.3.3 Shipments containing prohibited items, even if we inadvertently accepted them.
12.3.4 Shipments mistakenly routed to incorrect locations by airlines, leading to potential delays or loss.
12.3.5 Our refusal to make illegal payments on your behalf.
12.3.6 Any changes in laws or regulations affecting the goods, including new import/export policies enacted without prior notice.
LAW AND JURISDICTION
13.1 Unless otherwise stated by applicable international conventions, disputes arising from this contract shall be governed by the laws and courts of Kenya or the jurisdiction where the subsidiary, affiliate, or branch of DSG Automation that accepted your goods for carriage is located.