Shipping & Delivery Policy

Shipping and Delivery Policy – Kush One Platform

Effective Date: __ / __ / 20__
Last Updated: __ / __ / 20__

Article 1: Scope of the Policy

This Policy governs the shipping and delivery of products purchased through the Kush One platform, defines the responsibilities of the Seller, Buyer, carrier, and Platform, and forms an integral supplement to the General Terms and the purchase, seller, cancellation, and refund policies.

Article 2: Nature of the Shipping Service

Shipping may be performed by:

1. The Seller directly.
2. An independent shipping company selected by the Seller or the Buyer.
3. A logistics provider contracted with the Platform.
4. A transport method arranged by the Platform under special terms.

As a general rule, Kush One acts as an intermediary facilitating the shipping service and is not a carrier or insurer of goods unless it expressly states that it assumes that capacity in a specific transaction.

Article 3: Coverage Area

Shipping and delivery services are available according to the areas covered by the Seller or service provider.

Additional terms or fees may apply to:

• Remote or underserved areas.
• Locations that are difficult to access.
• Heavy or oversized shipments.
• Products requiring special transport.
• Express or scheduled delivery services.

Additional fees must be disclosed before order confirmation.

Article 4: Shipping Details

The Buyer undertakes to provide:

1. The recipient’s correct name.
2. A valid phone number.
3. A clear and specific address.
4. State, city, and district.
5. Geographic location where required.
6. Any necessary access or unloading instructions.

The Buyer bears costs arising from inaccurate details or inability to access the location.

Article 5: Calculation of Shipping Cost

Shipping cost is determined according to factors including:

• Product type.
• Weight and dimensions.
• Pick-up and delivery points.
• Mode of transport.
• Service speed.
• Packaging and handling requirements.
• Insurance and storage.
• Government and customs charges.

It must be stated whether shipping cost is included in the price or payable separately.

Article 6: Order Preparation

The Seller undertakes to prepare the Product by the specified date, update its status within the Platform, and hand it to the carrier according to the order details.

The shipping period begins after preparation is completed and the Product is actually handed to the carrier. It does not include manufacturing, import, or special preparation time unless otherwise stated.

Article 7: Packaging

The Seller must package the Product in a manner suited to its nature and mode of transport and that protects it from damage, breakage, moisture, or tampering.

The Seller is liable for damage resulting from:

1. Inadequate packaging.
2. Failure to secure the Product.
3. Omission of warning labels.
4. Incorrect weight or content data.
5. Non-compliance with special transport requirements.

The carrier may refuse a shipment if packaging is unsafe or unlawful.

Article 8: Products with Special Requirements

Medical products, fragile products, heat- or moisture-sensitive products, chemicals, and heavy equipment are subject to special transport and storage requirements.

The Seller must disclose those requirements and provide the necessary documents, packaging, and transport conditions. Hazardous or restricted products may not be shipped without the required licenses and approvals.

Article 9: Heavy Equipment and Machinery

Before shipping heavy equipment and machinery, the following must be specified:

1. Weight and dimensions.
2. Lifting and transport method.
3. Responsibility for loading and unloading.
4. Whether the delivery site can accommodate vehicles.
5. Crane or labor requirements.
6. Responsibility for installation and commissioning.
7. Shipment insurance.

Delivery does not include installation or commissioning of the equipment unless the order or supply contract so provides.

Article 10: Delivery Timeframes

Published delivery times are estimates unless a binding date is agreed in writing.

Timeframes may be affected by preparation, product availability, road conditions, security procedures, weather, governmental restrictions, customs, and any circumstances beyond reasonable control.

The Seller or carrier must notify the Buyer of any expected material delay.

Article 11: Delay in Delivery

If delay exceeds a material agreed period, the Buyer may:

1. Accept an alternative date.
2. Request continued performance.
3. Cancel the order under the Cancellation and Refund Policy.

The Buyer is not entitled to compensation for delay caused by inaccurate details provided by the Buyer, the Buyer’s non-attendance, force majeure, or governmental measures not attributable to the Seller or carrier.

Article 12: Shipment Tracking

A tracking number or status updates may be provided where the service is available.

Tracking data is indicative and does not constitute final proof of delivery unless supported by carrier records or proof of receipt.

Article 13: Delivery Attempt

Delivery is made to the registered address or agreed location.

If delivery is not possible due to recipient absence, address error, or non-response, the following may occur:

1. A redelivery attempt.
2. Deposit of the shipment at a collection point.
3. Return of the shipment to the Seller.
4. Charging of redelivery, storage, or return fees.

The Buyer bears these fees if failure of delivery is attributable to the Buyer.

Article 14: Proof of Delivery

Delivery may be proven by any approved means, including:

• Recipient signature.
• Verification code.
• Carrier electronic record.
• Delivery photo.
• Establishment stamp.
• Receipt report.
• Buyer confirmation through the Platform.

Delivery to a person present at the address and apparently authorized to receive is valid delivery, unless the Buyer provides written instructions otherwise.

Article 15: Shipment Inspection

Upon receipt, where practicable, the Buyer must inspect:

1. Number of packages.
2. Integrity of packaging.
3. Apparent damage or breakage.
4. Product identity and model.
5. Serial numbers.
6. Accessories and documents.

Any apparent damage or shortage must be noted in the delivery report and reported to the Seller and the Platform within twenty-four (24) hours, with supporting images and documents attached.

Acceptance of the shipment does not preclude a claim for a latent defect that could not be discovered by ordinary inspection.

Article 16: Refusal of Receipt

The Buyer may refuse receipt if:

1. The shipment is visibly different from the order.
2. Material damage is apparent.
3. The number of packages does not match.
4. The carrier demands an undisclosed amount.
5. A material reservation cannot be documented on the delivery document.

The reason for refusal must be documented immediately. A shipment may not be refused merely for a change of mind if it conforms to the order.

Article 17: Partial Delivery

An order may be delivered in installments if disclosed or accepted by the Buyer.

The contents, dates, and costs of each installment must be specified. The order is not complete until all components are delivered or the Buyer accepts a settlement.

Article 18: Loss or Damage of Shipment

In the event of loss or damage during transport, the affected party must notify the Platform and carrier without delay and provide:

1. Order and shipment numbers.
2. Proof of payment.
3. Receipt or refusal document.
4. Damage photos.
5. Product description and value.
6. Any report issued by the carrier.

Liability is determined according to the cause of damage, transport terms, insurance, and the party that bore shipment risk at the time of the event.

Article 19: Passing of Risk and Title

Risk of loss or damage passes according to the terms specified in the order or supply contract.

Absent a special agreement, risk passes to the Buyer upon actual delivery and documented receipt, unless the damage results from a pre-existing defect, inadequate packaging, or Seller breach.

Title does not pass before full payment where the sale or supply contract provides for retention of title.

Article 20: Shipment Insurance

Optional or mandatory insurance may be provided for high-value or high-risk shipments.

The following must be specified:

• Coverage value.
• Covered risks.
• Exclusions.
• Insurer.
• Claims procedure.
• Deductible amount.

The Platform is not an insurer or guarantor of compensation unless it expressly states otherwise.

Article 21: Installation and Commissioning

If the transaction includes installation or trial commissioning, physical delivery is separate from technical acceptance.

Technical acceptance is not complete until:

1. The Product is installed.
2. Agreed operational tests are performed.
3. Conformity with basic specifications is established.
4. Notes and reservations are recorded.
5. The receipt or commissioning report is signed.

Article 22: Return Shipping

Products are returned under the Cancellation, Replacement, and Refund Policy.

The Seller bears return shipping costs if the Product is defective, non-conforming, or shipped in error.

The Buyer bears the costs if the return is lawful and not caused by Seller breach.

Article 23: Storage

Storage fees may be charged if:

1. The Buyer delays receipt.
2. The site is not ready for delivery.
3. Clearance or unloading is impossible due to the Buyer.
4. The Buyer requests postponement of delivery after the shipment has been prepared.

The Buyer must be notified of the fee amount and the date from which it begins to accrue.

Article 24: International Shipping

International shipments are subject to the export, import, customs, tax, standards, and trade-restriction laws of the relevant countries.

The party responsible must be identified for:

1. Export and import licenses.
2. Customs clearance.
3. Duties and taxes.
4. Shipping and insurance.
5. Certificates of origin and conformity.
6. Inspection in the country of origin or destination.
7. Delay or seizure resulting from incomplete documents.

One of the Incoterms® 2020 rules may be adopted, provided the rule, the named place of delivery, and the rules edition are stated in writing in the quotation or supply contract. These rules allocate Seller and Buyer responsibilities for costs, risks, and delivery, and do not replace contractual regulation of title, payment, warranty, and dispute resolution.

Article 25: Customs and Conformity

The party designated in the transaction is responsible for submitting import or export documents, paying charges, and obtaining the required licenses and certificates of origin and conformity.

A shipment may be suspended, returned, or refused where customs or standards requirements are not met, and the causing party bears resulting costs. Imported goods are subject to the applicable tariff and customs procedures. The Sudanese Standards and Metrology Organization is responsible for verifying conformity of local and imported goods and issuing related certificates.

Article 26: Force Majeure

Neither the Seller, carrier, nor Platform is liable for delay or non-performance resulting from circumstances beyond reasonable control, including:

• War and unrest.
• Closure of roads or ports.
• Governmental decisions.
• Disasters and weather conditions.
• Communications or fuel outages.
• General strikes.
• Embargoes or trade restrictions.
• Failure of customs or banking systems.

The affected party must notify the other parties and take reasonable measures to mitigate harm.

Article 27: Liability of the Shipping Provider

The shipping provider is responsible for performing transport under its contract, terms, and the law.

Its liability for loss, damage, or delay is limited to what transport terms, insurance, and law provide, and does not extend to an inherent Product defect or Seller error in description or packaging.

Article 28: Limitation of Platform Liability

Kush One is not liable for the acts of an independent carrier or Seller, or for delay, damage, or loss not attributable to proven Platform fault.

This does not prevent the Platform from:

1. Tracking the complaint.
2. Holding disputed amounts.
3. Requesting investigation by the carrier.
4. Assisting the parties in settlement.
5. Taking action against a non-compliant Seller or service provider.

Article 29: Complaints

Shipping complaints are submitted through the approved channel and must include:

• Order and shipment numbers.
• Description of the event.
• Date of receipt or delay.
• Images and documents.
• Delivery report.
• Requested remedy.

The complaint must be submitted within the periods specified in this Policy, or immediately upon knowledge of the event if it relates to loss or a latent defect.

Article 30: Dispute Settlement

The Platform will seek amicable settlement of disputes and may request documents, hold amounts, refer the shipment for inspection, or determine the party responsible for shipping costs.

These procedures do not make the Platform a court, arbitrator, or guarantor of the parties’ performance.

Article 31: Governing Law

This Policy is governed by the laws of the Republic of Sudan.

International transactions are also subject to any mandatory laws applicable in the countries of export, transit, or import.

Disputes shall be settled amicably within thirty (30) days. If that is not possible, the competent Sudanese courts shall have jurisdiction, unless there is a written agreement on arbitration or another legal mechanism.

Article 32: Amendment of the Policy

The Platform may amend this Policy for legal or operational reasons. Amendments will be published with their effective date.

Amendments that diminish agreed shipping terms do not apply retrospectively to confirmed orders, unless otherwise required by law.

Article 33: Contact Details

Shipping inquiries and complaints should be directed to:

Kush Integrated Solutions Co. Ltd.
Kush One Platform

• Shipping Email: _________________
• Complaints Email: ______________
• Phone: _____________________________
• Registered Address: _________________________
• Business Hours: ____________________________