Terms and Conditions of Carriage

Definitions

In these terms the following words have the meanings set out below.

1. Company, we or us means Naveed Asghar Shipping Services LLC, a road transport company licensed in Dubai, United Arab Emirates.
2. Customer or you means the person or company that requests a quotation, places a booking, or on whose behalf a consignment is carried.
3. Consignment means the cargo accepted by us for carriage under a single booking, whether in one vehicle or several.
4. Consignee means the party named on the booking as the receiver of the consignment at the delivery address.
5. Proof of delivery or POD means the delivery note signed or otherwise acknowledged by the consignee on receipt of the consignment.
6. Working day means Monday to Friday excluding public holidays in the United Arab Emirates.

Scope and application

These terms and conditions of carriage govern every quotation we issue, every booking we accept and every consignment we carry.

1. By requesting a quotation or confirming a booking, the Customer accepts these terms on its own behalf and on behalf of the owner of the cargo.
2. Where the Company and the Customer have signed a separate written transport agreement, that agreement prevails over these terms to the extent of any conflict.
3. A purchase order, delivery instruction, portal entry or any other Customer document does not vary these terms unless the Company accepts the variation in writing.
4. These terms apply to all road movements we carry within the United Arab Emirates, across all seven emirates and the free zones.

Quotations and rates

Quotations are prepared from the cargo details, route, vehicle type and timing supplied by the Customer at the time of enquiry.

1. A quotation remains valid for the period stated on it. Where no period is stated, it remains valid for seven (7) days from the date of issue.
2. If the actual weight, dimensions, cargo type, collection point or delivery point differs from the details quoted, the Company will confirm a revised rate before proceeding.
3. Rates are quoted per load or per lane and exclude customs duties, clearance charges, demurrage, waiting time beyond the free period, escort fees and third-party charges unless expressly stated as included.
4. The Company does not add charges after delivery that were not quoted or notified to the Customer at the time they were incurred.

Booking and confirmation

A booking is confirmed when the Company issues a booking confirmation or a tracking reference against the Customer instruction.

1. From confirmation, a vehicle and a named coordinator are assigned to the consignment.
2. The Customer is responsible for the accuracy of the collection and delivery addresses, contact names, access requirements and time windows recorded on the booking.
3. The Company may decline or return a booking where the cargo, route, documentation or timing cannot be handled safely, lawfully or within the capacity available.
4. Account holders may place and monitor bookings through the Client Portal. Access credentials are personal to the Customer and must be kept secure.

Customer obligations

The Customer warrants that the cargo is accurately described, lawfully held and fit for road transport.

1. Cargo must be packed, labelled, secured and palletised so that it withstands normal handling and the ordinary conditions of road movement.
2. Dangerous, restricted, high-value or temperature-sensitive goods must be declared in writing before booking so that the correct vehicle, permits and handling can be arranged.
3. Safe vehicle access, suitable loading and unloading facilities and an authorised person to release or receive the cargo must be available at both ends within the agreed window.
4. The Customer must not load or permit the loading of cargo that exceeds the stated payload or dimensions of the assigned vehicle.

Cargo we do not carry

The Company does not accept cargo that is unlawful to transport or that it has not agreed in writing to handle.

1. This includes goods prohibited or restricted under the laws of the United Arab Emirates or of any transit or destination country, and any cargo requiring permits that have not been obtained.
2. Dangerous goods are carried only where the class, packing group and handling requirements have been declared and accepted by the Company in advance.
3. Where undeclared cargo of this kind is found in a consignment, the Company may stop the movement, unload the cargo and report it to the competent authority where required by law.
4. All costs, penalties and delays arising from undeclared or misdeclared cargo are for the account of the Customer.

Documentation and customs

The Customer is responsible for providing complete and accurate documentation for every consignment.

1. For cleared import or export cargo this normally includes the commercial invoice, packing list and the customs declaration or Bill of Entry reference.
2. The Company carries the transport documents required for the movement and its drivers follow the procedures of the ports, free zones and terminals on the route.
3. The Company is not a customs broker and does not accept responsibility for the correctness of declarations prepared by the Customer or its agent.
4. Detention, storage or penalties imposed because documents were missing, incorrect or late are charged to the Customer at cost.

Collection, transit and delivery

Transit times are estimates given in good faith on the basis of normal road, traffic and border conditions. They are not guaranteed times of arrival.

1. Delivery is complete when the consignment is handed to the consignee or their authorised representative at the delivery address and proof of delivery is signed.
2. The Company may vary the route, the vehicle or the sequence of stops where road conditions, permits, safety or operational efficiency make it necessary.
3. Where a delay becomes likely, the Company will contact the Customer with a revised estimate rather than allowing the consignment to run silent.
4. Live status is available to the Customer by tracking reference or BOE number, and to account holders through the Client Portal.

Waiting time, storage and re-delivery

A free waiting period applies at collection and at delivery as stated on the quotation.

1. Waiting time beyond the free period is charged at the rate quoted to the Customer, calculated from the vehicle arrival time recorded by the driver.
2. If nobody is available to receive the consignment within the agreed window, the Company will contact the Customer and may charge for waiting time, storage or a re-delivery attempt.
3. Cargo held pending instructions is stored at the Customer risk and cost.

Subcontracting and partner vehicles

The Company operates its own fleet and carries consignments on its own vehicles as a matter of course.

1. Where a movement requires a vehicle type or capacity the Company does not operate, the Customer will be told before the booking is confirmed.
2. Where the Company engages a partner carrier, it remains the Customer point of contact and remains responsible for the consignment under these terms.
3. The Company does not act as a broker and does not pass consignments down a chain of carriers without the knowledge of the Customer.

Insurance and liability

Consignments carried by the Company are covered by cargo insurance while in transit, subject to the terms, exclusions and limits of the policy in force.

1. The liability of the Company is limited to the extent permitted by applicable law of the United Arab Emirates and to the limits of the cargo insurance policy.
2. The Company is not liable for indirect or consequential loss of any kind, including loss of profit, loss of contract, loss of market or penalties imposed on the Customer by a third party.
3. The Company is not liable for loss or damage caused by inadequate packing, inherent defect or natural deterioration of the cargo, incorrect declaration, or an act or omission of the Customer, the consignee or a competent authority.
4. Where the Customer requires cover above the standard policy, this must be requested before booking so that additional cover can be arranged and priced.

Claims

Any claim for loss, damage or shortage must be raised with the assigned coordinator as soon as it is discovered, so that the consignment can be investigated while evidence is still available.

1. Visible damage or shortage must be recorded on the proof of delivery at the time of delivery.
2. Written notice of a claim must be given within seven (7) days of delivery, or of the date on which the consignment should have been delivered, together with the delivery note and supporting photographs.
3. The Company opens the claim with its insurer and keeps the Customer updated until it is settled or declined, with reasons.
4. Cargo that is the subject of a claim must be kept available for inspection and must not be disposed of until the claim is closed.
5. A claim does not entitle the Customer to withhold payment of freight charges that are otherwise due.

Indemnity

The Customer indemnifies the Company against loss, damage, fines and costs arising from the Customer breach of these terms.

1. This includes claims arising from inaccurate cargo declarations, missing or incorrect documentation, and cargo that is unlawful or prohibited.
2. It also covers damage caused to the vehicle, to third parties or to other cargo by the condition, packing or nature of the consignment.
3. The Company will notify the Customer of any such claim and will not settle it without first informing the Customer.

Invoicing and payment

Invoices are issued against the completed movement and are payable in the currency and within the period stated on the invoice.

1. Account customers are invoiced on the credit terms agreed for their account. Bookings placed without an account may require payment before collection or on delivery.
2. Amounts due are payable in full without set-off, counterclaim or deduction of any kind.
3. Where an account is overdue, the Company may suspend further collections and may withhold release of consignments in its possession to the extent permitted by law.
4. Invoices and payment status for account holders are available for download in the Client Portal.

Cancellation

A booking may be cancelled by notice to the assigned coordinator.

1. Cancellation before the vehicle is dispatched is free of charge.
2. Where a vehicle has been dispatched or has arrived at the collection point, cancellation and waiting charges may apply at the rates quoted.
3. The Company may cancel a booking where the cargo, documents or site access do not match what was declared, or where continuing would breach these terms or the law, and will refund any charge already paid for work not performed.

Events outside our control

The Company is not in breach of these terms where performance is prevented, hindered or delayed by an event beyond its reasonable control.

1. Such events include border closures, road closures, extreme weather, accidents, civil unrest, strikes, epidemics and action by any government or competent authority.
2. The Company will notify the Customer as soon as reasonably possible, agree a revised plan where one is possible, and charge only for work actually performed.
3. Where such an event continues for a prolonged period, either party may cancel the affected booking without liability other than for work already carried out.

Confidentiality and data protection

Shipment information is treated as confidential and is used to perform the carriage and to meet the legal and regulatory obligations of the Company.

1. Access to shipment records through tracking references and the Client Portal is intended for the Customer and its authorised representatives.
2. Personal data is handled in accordance with the Privacy Policy of the Company, which forms part of these terms.
3. The Company does not sell client information and shares it with third parties only where necessary to perform the carriage or where required by law.

Notices and communication

Operational instructions and notices should be sent to the assigned coordinator, and formal notices to the registered office of the Company.

1. Notices sent by email are treated as received on the next working day after sending.
2. Instructions that change a route, a delivery address or a delivery window must be confirmed in writing to be effective.
3. Recorded telephone and messaging communication with the operations team may be retained for operational and quality purposes.

Governing law and jurisdiction

These terms are governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai.

1. The courts of Dubai have exclusive jurisdiction over any dispute arising out of or in connection with these terms or any consignment carried under them.
2. The parties will attempt to resolve any dispute directly and in good faith before formal proceedings are commenced.
3. Nothing in these terms limits any right the Customer has under mandatory provisions of UAE law.

General

The following general provisions apply to these terms as a whole.

1. The Company may update these terms from time to time. The version published on this page at the time of booking is the version that applies to that consignment.
2. If any provision of these terms is held to be invalid or unenforceable, the remaining provisions continue in full force.
3. The Customer may not assign or transfer its rights under a booking without the written consent of the Company.
4. A failure or delay by the Company in enforcing any provision of these terms is not a waiver of that provision.
5. These terms, together with the quotation and booking confirmation, form the entire agreement between the parties for the carriage of the consignment.

These terms are published in English and Arabic.