These Terms and Conditions (T&Cs) apply to all the all orders that a customer proposes to Wahyd Logistics collectively along with all other affiliated entities with Wahyd Group Incorporation. Unless it is specifically expressed otherwise to these T&Cs.
- Services
-
The Service www.wahydlogistics.com (the “Site”) and the associated mobile application (“Mobile App”) (collectively the “Platform”) connects entities who need to ship goods (“customer”) collectively, with all services provided on the site and mobile app, the “Service(s)”. Certain features of the Platform and the Service may or may not be subject to few additional guidelines, terms, or rules, which will be provided in connection with such features. All the additional terminology, guidelines, and rules are incorporated by reference into T&Cs as required.
-
Definitions: (a) Order: it is defined as a request for transportation services submitted by the customer (b) Goods: equipment to be transported
- General Brokerage Terms
-
It is expressly defined that customers, drivers (Guides) understand and agree that Wahyd functions as an independent entity not as a carrier, in selling, negotiating, providing and arranging transport for compensation.
-
Shipping carriage: Wahyd will explicitly enter into, mutual contracts with each order. Such agreements shall comply with all applicable national and state regulations and must include the following provisions: (a) customers, transporters, drivers shall agree to defend, indemnify and hold Wahyd harmless from all damages, claims or losses that may arise out, including goods loss and damage, theft, delay, damage to property, and personal injury or death.
-
Each order using the Wahyd Platform will be subject to a Service Agreement which shall incorporate the terms set forth herein in full and other terms and conditions necessary to complete the service.
-
Receipts and Bills: If requested Wahyd agrees to provide you with proof of acceptance and delivery of goods in the form of a signed bill as specified. The terms and conditions of any freight documentation used by Wahyd cannot be edited, altered, or modified.
-
Transit insurance is the responsibility of the customer.
- General Carrier Terms
-
Documentation: The parties (customers, transporters, drivers) will utilize the order documentation forms (electronic or otherwise) as provided by the platform. The terms and conditions of this Agreement shall prevail over those appearing on that form or any other form(s) used by the parties during the pick-up and delivery of goods.
- Transporter Obligations
-
Transporter shall be responsible to Wahyd for timely and accurate delivery instructions and description of the shipment, including any special handling requirements by the customer.
-
Transporter shall solely be responsible for loading, unloading, of the goods for safe transportation.
-
Transporter are responsible to maintain the goods in safe condition till delivery in compliance with all applicable laws and regulations.
-
Transporter agrees to furnish any information or documents as necessary to comply with Laws. Any agent acting on behalf of Shipper in scheduling shipments or undertaking any other performance hereunder warrants and represents that it has the right to act on behalf of and legally bind Shipper. Wahyd assumes no liability for any loss or expense due to the failure of Shipper to comply with this paragraph.
-
Transporter explicitly waives and releases Wahyd from all liability for any loss, damage or injury to their property, or amenities.
- Limitations of Liability
-
Limitations of Liability
(a) Until it is expressly written, Wahyd ensures no warranties, direct or implied, including, without limitation with regard to consignments, goods in transit or with regard to the information provided on the platform.
(b) Wahyd shall not be liable for delay, or damages under any circumstances, unless agreed to between the parties before the trip, in writing and signed by an official representative of Wahyd.
-
Legal Restriction: In the event performance by one party is affected by any cause beyond the reasonable control of such party, including without limitation, fire, labor strike, insurrection, weather conditions, local or national commotions to transit operations, equipment repairs, fuel insufficiencies, or government regulations, unless the applicable cause is not attributable or omissions of such party, and such party is taking reasonable measures to eliminate or diminish the effects of the pertinent cause, then the running of all periods of time mentioned herein and the act of all obligations required herein shall be deferred during the continuance of the interruption, and such party shall immediately notify the other party. Such a period of holdup shall not in any way invalidate the T&Cs, nonetheless, on the recommencement of operations, any affected activity by the party shall take up again.
- Claims:
-
Shipment claims:
(a) Transporter must file claims for cargo loss, shortage or damage to Wahyd within a month. Transporter must initiate the dispute resolution procedures delineated in the company policy as applicable within 6 months.
(b) It is expressly understood and accepted that Wahyd shall not be held liable for any loss, damage or delay in the transportation unless caused by company’s negligent act(s) or lapses in the performance.
(c) Wahyd shall not be liable to transporter or anyone else for any exceptional, incidental, or consequential damages that relate to loss, damage or delay to a shipment, unless transporter has informed, as applicable, in written or electronic form, erstwhile or when accepting an order or a series of orders of the potential nature, category and approximate value of any such damages, and Wahyd, as applicable, specifically agrees in written or electronic form to accept responsibility for it.
-
All Other Claims: All parties(transporter, drivers, customer) shall notify each other within thirty days of learning of any claims other than any loss or damage claims, and shall file such claims with the other party within 60 days from the date.
-
Claims Related to an Invoice/Bill: Any dispute of invoice/bill shall be made in writing (email or otherwise), precisely indicating the nature of the dispute and deliver to Wahyd, as applicable, within a month from the date of the invoice or any such dispute will be deemed surrendered and the invoice will be irrefutably presumed as valid.
- Indemnification:
-
Wahyd shall indemnify, defend and save transporter, drivers, and employees, harmless from and against any liability, claims, loss, fines, penalties, expenses, conclusions, or demands on account or damage of any nature whatsoever, including but not limited to personal injury, property damage, goods damage, or any amalgamation thereof, underwent or claimed to have been suffered by any person(s) arising out of Wahyd’s services provided in connection with this Agreement to the extent that such claim is caused by (i) the negligence (ii) deliberate misconduct (iii) Wahyd’s employees violation of applicable rules and regulations or (iv) Wahyd’s or its employee’s breach of this Agreement.