This is the Standard Delivery Contract applies and entered between a User who offered and posted a Project on the Application and a Transporter who accepted the Project via the Application.
This Standard Delivery Contract governs the relationship between the relevant User and Transporter in relation to the relevant Project. 3000 Trucks is not and shall never be a party to this Standard Delivery Contract.
1.1 Definitions: In this Agreement each of the following expressing has, except where the contextrequires, the meaning shown opposite it:
Application
means website, mobile application and other technological platforms provide for you to use as a User;
Cargo
means item(s) that is to be delivered by the Transporter as part of a Project;
Cancellation Fee
means the corresponding fee calculated in accordance with the Price List;
Confidential Information
means all information of a confidential nature of or relating to a party of this Agreement, including but not limited to anything which is indicated to be subject to an obligation of confidence which is disclosed by that party to the other party in relation to this Agreement. Confidential Information of the User also includes nature and description of the Cargo, and any information contained within the Cargo;
Delivery Fee
means the fee (as stated in the relevant Project Description and calculated as per the rates stipulated in the Price List) payable by the User to the Transporter for a Project;
Idle Fee
means the fee (calculated as per the rates stipulated in the Price List) payable by the User to the Transporter if the times spent by the Transporter waiting for loading or unloading of the Cargo went beyond the timeframe as stipulated in this Agreement;
Laws
means all applicable laws, regulations, standard, codes, orders and directions, including those issued by any governmental authority;
Price List
means the price list displayed on the Application;
Project
means a delivery project requested and offered by the User via the Application;
Project Description
means the description of the Project provided via the Application, which include but not limited to the description of:
- (a)the Cargo;
- (b)the location and time window for the loading and unloading point; and
- (c)the Delivery Fee;
Transporter
means a person who successfully registered with 3000 Trucks as a transporter under the Application and has not had his registration suspended or revoked;
Transporter’s Trucks
means the type motor vehicle requested by the User and stipulated in the Project Description;
User
means a person who has successfully registered with 3000 Trucks as a user of the Application and has not had his registration suspended or revoked;
3000 Trucks
means 3000 Trucks Sdn Bhd (Company No.: 0533792-T) a company duly incorporated in Malaysia.
1.2 Interpretations: In this Agreement:
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(a) words importing persons shall include individuals, corporations, bodies corporate and association as the case may be;
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(b) words denoting the singular number only includes the plural number and vice versa;
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(c) words denoting the neuter gender shall include the masculine and feminine genders and vice versa;
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(d) the headings contained in this Agreement are inserted only for ease of reference only and shall in no way affect the construction and interpretation of this Agreement;
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(e) any references to “writing” or cognate expressions includes any communications effected by cable, facsimile transmission, or other comparable means; and
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(f) no rule of construction applies to the disadvantage of one party because that party was responsible for the preparation of this Agreement.
2.1
Loading of Cargo: The User must:
(i) make the Cargo available for delivery in accordance with the Project Description;
(ii) ensure that at the time Transporter arrived at the loading location in the Transporter’s Trucks the Cargo is packaged in a manner and to an extent that could reasonably be expected to protect the Cargo from the ordinary risks of damage in transit, including due to minor impacts involved in reasonable handling or due to reasonable stacking or bagging of the packaged Cargo with other items;
(iii) ensure that, within 10 minutes of the Transporter arriving at the loading location in the Transporter’s Truck, the User or a person duly authorized by the User is present at the loading location to acknowledge the handing over of the physical possession of the Cargo to the Transporter;
(iv) ensure that, within 10 minutes of the Transporter arriving at the loading location in the Transporter’s Truck, there are sufficient manpower and suitable machinery are available and present at the loading location to load the Cargo into the Transporter’s Truck for delivery. At all times, it shall be the obligation of the User to load or cause the Cargo to be loaded into the Transporter’s Trucks for delivery;
(v) ensure that, prior to the Transporter arriving at the loading location in the Transporter’s Truck, all the necessary and required approval, license or permit from the relevant authorities has been obtained to enable the Transporter to enter into the loading location in the Transporter’s Truck; and
(vi) ensure that detailed instructions regarding the loading location have been included in the Project Description if finding the relevant address, or accessing the relevant building, for loading of the Cargo would not be easy for a person not familiar with the address or building.
2.2
Consequence: In the event the User refused, failed, neglected or omitted to do any of the above, then the Transporter is entitled terminate the Project via the Application and the User must pay the Transporter the applicable Cancellation Fee as agreed liquidated damages.
2.3
Waiting Time for Loading: If more than 1-hour is being used to load the Cargo into the Transporter’s Trucks, the Transporter is entitled to charge User and the User is liable to pay the Idle Fees to the Transporter. For the purpose of this clause, the 1-hour period commence from the time the Transporter arrived at the loading location in the Transporter’s Truck.
2.4
Unloading of Cargo: The User must:
(i) ensure that, within 10 minutes of the Transporter arriving at the unloading location in the Transporter’s Truck carrying the Cargo, a person is present at the unloading location who states or confirms that he is authorised to receive the Cargo from the Transporter;
(ii) ensure that, within 10 minutes of the Transporter arriving at the unloading location in the Transporter’s Truck carrying the Cargo, there are sufficient manpower and suitable machinery available and present at the unloading location to unload the Cargo from the Transporter’s Truck. At all times, it shall be the obligation of the User to unload or cause the Cargo to be unloaded from the Transporter’s Truck;
(iii) ensure that, prior to the Transporter arriving at the unloading location in the Transporter’s Truck carrying the Cargo, all the necessary and required approval, license or permit from the relevant authorities has been obtained to enable the Transporter to enter into the unloading location in the Transporter’s Truck carrying the Cargo; and
(iv) ensure that detailed instructions regarding the unloading location have been included in the Project Description if finding the relevant address, or accessing the relevant building, for unloading of the Cargo would not be easy for a person not familiar with the address or building.
2.5
Consequence: In the event the User refused, failed, neglected or omitted to do any of the above, then the Transporter is entitled terminate the Project via the Application whereupon the following consequences shall ensue:
(i) the Transporter must transport the Cargo to the loading location with the Transporter’s Truck (or any other location, if any, agreed between the Transporter and User in their discretion);
(ii) if no person is present at the unloading location to unload the Cargo, then the Transporter may leave the Cargo with 3000 Trucks at any location as may be determined by 3000 Trucks from time to time and it shall be the responsibility of the User to reclaim the Cargo from 3000 Trucks and pay whatsoever charges as may be imposed by 3000 Trucks as storage fees; and
(iii) the User must pay the Transporter three times the full Delivery Fee as agreed liquidated damages.
2.6
Waiting Time for Unloading: If more than 1-hour is being used to unload the Cargo from the Transporter’s ruck, the Transporter is entitled to charge User and the User is liable to pay to the Transporter Idle Fees. or the purpose of this clause, the 1-hour period commence from the time the Transporter arrived in the Transporter’s Truck carrying the Cargo at the unloading location or if the Project is terminated in pursuant to clause 2.5 above, then the loading location.
2.7
Prohibited Item: The User must not include any of the following item (“Prohibited Item”) as, or as part of, the Cargo to be delivered or transported by the Transporter:
(a) human (including ashes) or animals (including insects and hatching eggs) of any size;
(b) articles of exceptional value which include but not limited to antiques, heirlooms, extravagant furniture, fine art, jewels, jewelry, gold or other precious metals;
(c) hazardous material of any kind which include but not limited to explosives, gases, flammable liquids, flammable solids, and/or poisonous or infectious substances;
(d) firearms, ammunition or other explosive materials;
(e) stolen or counterfeit goods, or goods that infringe the intellectual property of any person; OR
(f) illegal items, including any item where its possession or delivery would, or is likely to, give rise any person committing any offence or wrongful act or omission.
2.8
Inspection: The Transporter reserve the right to open packaging and inspect the Cargo without prior notice to the User where the Transporter has any reasonable suspicion that the Cargo may contain or constitute illegal, unlawful or prohibited items as referred to in the abovementioned provisions herein PROVIDED ALWAYS that the prior consent of 3000 Trucks has been obtained.
2.9
Consequence: In the event that the User does include any Prohibited Item as, or as part of, the Cargo, then the Transporter may at any time terminate the Project via the Application (notwithstanding that the Transporter initially allows the Cargo to be loaded into the Transporter’s Truck at the loading location) whereupon clause 2.2 or clause 2.5 shall then apply accordingly
2.10
Nature & Weight: If the nature or weight of the actual Cargo to be delivered by the Transporter is inconsistent with or is not the same as described in the Project Description, then the Transporter may at any time terminate the Project via the Application (notwithstanding that the Transporter initially allows the Cargo to be loaded into Transporter’s Truck at the loading location) whereupon clause 2.2 or clause 2.5 shall then apply accordingly.
2.11
Whenever any additional license or permits are required, such as but not limited to, warehouse entrance pass, foreign commerce, customs fee and premise’s management deposit fee, the charge shall be solely arranged and borne by the User.
3.1
The User hereby represents, warrants, covenants and undertakes to and with the Transporter that:
(i) the User is either owner or the authorized representative of the owner of the Cargo, and that the User is authorized to accept and is accepting the terms and conditions contained in this Agreement for himself or as an authorized representative for and on behalf of the owner of the Cargo; and
(ii) the User shall comply with all applicable Laws relating to the nature, condition, packaging, handling, storage and carriage of the Cargo and that the Cargo is not in any manner or condition prohibited by Laws, dangerous or hazardous or highly perishable.
4.1
Loading of Cargo: The Transporter shall arrive at the loading location in the Transporter’s Truck and allow the Cargo to be loaded into the Transporter’s Truck in accordance with the Project Description. Upon arriving at the loading location in the Transporter’s Truck, the Transporter must:
(i) notify the User via the Application that the Transporter has arrived at the loading location;
(ii) wait for up to 10 minutes until a person duly authorized by the User is present at the loading location to acknowledge the handing over of the physical possession of the Cargo to the Transporter; and
(iii) wait for up to 10 minutes until sufficient manpower and suitable machinery to be available and present at the loading location to load the Cargo into the Transporter’s Truck for delivery.
4.2
Unloading of Cargo: The Transporter shall deliver the Cargo at the unloading location and allow the Cargo to be unloaded from the Transporter’s Truck in accordance with the Project Description. Upon arriving at the Unloading off location, the Transporter must:
(i) notify the User via the Application that the Transporter has arrived at the unloading location;
(ii) wait for up to 10 minutes until a person is present at the unloading location who states or confirms that he is authorized to receive Cargo from the Transporter; and
(iii) wait for up to 10 minutes until sufficient manpower and suitable machinery to be available and present at the unloading location to unload the Cargo from the Transporter’s Truck.
4.3
Due Care: The Transporter must carry out all of the Transporter’s obligations under this Agreement with all due care and in a prompt and courteous manner.
4.4
Reporting: The Transporter must immediately notify the User via the Application:
(a) if for any reason the Transporter is unable to complete the Project at all, or within any time window described in the Project Description; andd
(b) upon becoming aware of any loss of, or damage to, the Cargo in the course of performing the Project, or that such loss or damage is a reasonable possibility (e. g. if the packaged Cargo has been crushed or suffered a significant drop).
5.1
The User must pay the applicable Delivery Fee, Idle Fee (if any) and Cancellation Fee (if any) to 3000 Trucks for and on behalf of the Transporter, via the User’s credit card or debit card only at the time required by the Application.
5.2
For the purpose of facilitating the payment of the Delivery Fee, Idle Fee (if any) and Cancellation Fee (if any), the User shall provide all the information, data, verification and authorisation to all relevant parties (such as the User’s financial institution) as may be necessary and required to enable 3000 Trucks to charge the applicable Delivery Fee Idle Fee (if any) and Cancellation Fee (if any) onto the User’s credit card or debit card designated by the User as the mode of payment.
5.3
Payment amounts quoted in Malaysia currency and include Malaysian Sales and Service Tax (SST), where applicable.
6.1
The User may terminate this Agreement by notifying the Transporter via the Application provided always that the Cargo has yet to be loaded into the Transporter’s Truck. A Cancellation Fee will apply in that case.
6.2
The User will not be entitled to terminate this Agreement after the Cargo has been loaded into the Transporter’s Trucks.
6.3
The Transporter will not be entitled to terminate this Agreement at any time except as set out in Clauses 2.2, 2.5, 2.9 and 2.10 above.
7.1
To the extent permitted by the Laws, and except expressly provided in this Agreement, all other liability of the Transporter and User is excluded in respect of any damages including but not limited to indirect, accidental, special, exemplary, punitive or consequential damages, including loss of profits, personal injury or property damage related to, in connection with, or otherwise resulting from this Agreement.
8.1
Each party to this Agreement agrees to keep in confidence any Confidential Information of the other party, and to use the other party’s Confidential Information only for the purposes of this Agreement.
8.2
Clause 8.1 does not apply to any information which:
(a) enters the public domain other than by breach of this Agreement; or
(b) is required by Laws to be disclosed, provided that the disclosing party uses reasonable efforts to protect the confidentiality of such information.
8.3
Notwithstanding any provision of this Agreement to the contrary, either party is allowed to and must provide any information as may be requested by 3000 Trucks from time to time.
9.1
Any notice given under this Agreement by either party to the other must be in writing sent via the Application.
10.1
The User and Transporter must each endeavour to resolve directly with one another any dispute that arises in connection with the Project.
11.1
The relationship between the User and Transporter is that of independent contracting parties and, except to the extent (if any) expressly stated in this Agreement, no employment, agency, partnership or fiduciary relationship will arise as a result of this or any related agreement. Each party has no right, power or authority to bind the other to any agreement, arrangement or understanding in any manner whatsoever.
12.1
Any term, condition, stipulation, provision or undertaking in this Agreement which is illegal, void prohibited or unenforceable shall be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability and shall not invalidate or render illegal, void or unenforceable any other terms, conditions, stipulations, provisions, covenant or undertaking herein contained.
13.1
No right of any of the parties hereto under this Agreement shall be deemed to be waived except by notice in writing signed by the relevant party. A waiver by any of the parties hereto pursuant to this clause will not prejudice its rights in respect of any subsequent breach of this Agreement.
14.1
This Agreement shall be governed by and construed in all respects in accordance with the Laws of Malaysia and the parties hereby irrevocably:
(i) submits to the exclusive jurisdiction of the Courts in Malaysia;
(ii) waives any objections on the ground of venue or forum non conveniens or any similar grounds; and
(iii) consent to service of process by registered mail or in any other manner permitted by the relevant Law.
15.1
Each party may not transfer or assign his rights or obligations under this Agreement to any other person.
16.1
Without limiting any obligations that the User or Transporter may have to 3000 Trucks, this Agreement constitutes the whole agreement between the User and Transporter with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.
