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TERMS AND CONDITIONS
Please read these Terms and Conditions carefully before using the services offered by AGARWAL PACKERS AND MOVERS SDN. BHD. (“AGARWAL PACKERS AND MOVERS SDN. BHD.“) or (“We”, “Us”, or “Our”), a company incorporated under the laws of Malaysia. These terms set forth the legally binding terms and conditions for your use of Our Services as contained in AGARWAL PACKERS AND MOVERS SDN. BHD.“)(“Website “) (collectively with the site, referred to as “Services “).
GENERAL TERMS
Any such purchasing terms and conditions shall apply only if We expressly confirm the same in writing. Acceptance of your delivered goods shall be deemed an acknowledgement of our terms and conditions. We do not ship for you any combustible materials, items that contain poisonous fumes and any such items that are deemed dangerous and illegal in Malaysia. You will be liable if you fail, neglect or refused to inform us of the nature and condition of your items for shipment.
Please also see our Return and Refund.
USE OF INTERNET AS MEDIUM OF COMMUNICATION
You acknowledge that the internet is not a secure medium and information submitted for the Services hosted on Our Website may be accessed by third parties. https://www.agarwalpackers.com.my/accepts no liability whatsoever in this circumstance.
DOCUMENTATION OF OUR SERVICES
Any form of documentation provided by Us must not be copied or made available to any third party or use for any other purpose other than the intended and agreed purpose as indicated in Our Website.
DELIVERY OF GOODS
We endeavor to adhere to stipulated delivery deadlines as indicated in Our Website. However, due to the hazards and peculiar features of Our Services, delivery deadlines will not be binding unless expressly agreed otherwise. Our contractual obligations are subject to a case to case basis based on your request and additional charges may incur.
LIMITATION
IMPRACTICAL OPERATIONS
Nothing in these terms and conditions shall require the mover to perform pick-up or delivery service at any location from or to which it is impracticable, through no fault or neglect of the mover to operate vehicles because of:
The condition of roads, streets, driveways or alleys;
Inadequate loading or unloading facilities; or
Riots, Acts of God, the public enemy, the authority of law, strikes or labour unrest the existence of violence, or such possible disturbances as to create a reasonable apprehension of danger to person or property.
TRANSPORT AND GOODS LIMITATION
There are a number of prohibitions for the use of AGARWAL PACKERS AND MOVERS SDN. BHD.services. The following cases are specifically prohibited:
ABSOLUTELY NO CARRIAGE OF ANY PERSON in cargo compartment for any distance or reason ever.
Items of extraordinary value or items that are irreplaceable should not be moved via AGARWAL PACKERS AND MOVERS SDN. BHD.“.
NO Hazardous Materials to be carried but are not limited to: explosives, gases, flammable liquids, flammable solids, poisonous or infectious substances, radioactive material, corrosives.
NO firearms, ammunition or other explosive materials.
NO illegal goods.
Mover does not hold out to transport jewelry, objects d’art, currency, documents items of unusual value or rare metals. Unless otherwise indicated herein or agreed to by contract.
Mover shall not be required to accept for transportation any truckload shipment which exceeds gazetted by Land Public Transport Commission (SPAD) and Road Transport Department (JPJ) weight limit or which occupies more than the full visible capacity of the lorry which is provided or size of the lorry that has been booked prior to pick up date even if the lorry provided may be able to carry the excess load.
APPOINTMENTS/PICKUP AND DELIVERY TIMES
Pick-ups and deliveries shall be made between 0800 and 2000 hrs local time unless special arrangements have already been made and agreed upon for timing beyond previously mentioned time. Appointments shall be made at no charge. Mover shall not be liable for late deliveries or unkept appointments due to circumstances beyond mover’s control such as but not limited to weather and traffic conditions, store loading and wait times, customer special requests, and other unexpected barriers to loading or unloading.
LIMITATIONS OF MOVER’S LIABILITY FOR PREMISE CLEARANCE
Mover assumes no responsibility for insuring or otherwise providing for clearance of lorry through or inspection by premise’s management. Mover is not responsible for the application for entry permit into pick up or delivery premise if the management rule and regulation require entry pass or permit to be applied beforehand. Mover or party in possession shall not be liable for loss, damage, deterioration of the goods or delay in delivery due to the process for management clearance or inspection.
PICKUP AND DELIVERY SERVICE
The rates named herein include pick up or delivery at all points within the limits of the cities, towns, villages and other points from and to which rates apply, but each booking will include only pick up and one delivery unless special requests are made and the additional charges are agreed upon.
WAITING TIME
Mover shall allow (one) hour of waiting time both for loading and unloading to begin. Such time shall commence from the time the mover arrived or from the time the mover was requested to wait for loading or unloading to start, whichever is later.
APPLICATION OF ACCESSORIAL CHARGES
In addition to the base rate and additional services requested for any booking and unless otherwise agreed in writing, the following accessorial charges shall apply and shall be reflected on the amended booking details and receipt shall the customer requested for one.
DETENTION
This item applies when the mover’s vehicles with driver are delayed or detained beyond the free time provided for herein at time of delivery to the customer or at the time of pick-up when such delay is not the fault of the mover.
Unless otherwise agreed, charges for detention will be charged to the customer for both unloading and loading.
When computing time, the beginning time shall be the time the driver notifies the customer of the driver’s arrival and that the vehicle is available for loading or unloading, as the case may be, but in no case shall time commence prior to the time of any appointment or the actual time of loading or unloading, whichever comes first.
When computing detention charges, all non-working time shall be excluded. Non-working time includes lunch breaks, coffee breaks, and rest breaks.
If, at the end of business day, unloading has not been completed and cannot be completed that day, the customer shall be given the following options:
Mover may return to mover’s terminal with what goods and items have not been unloaded, but mover shall return the following day with the balance of the goods and items during the customer’s available time
Any unused free time from the first day will continue into the second day, charges to commence when all free time has expired.
If a vehicle is both unloaded and reloaded, each transaction will be considered separately and free time shall apply to each separately.
When a delay occurs beyond free time, the charge for detention shall be RM50.00 per hour or fractions thereof.
Mover shall give the customer the opportunity of signing the detention records and the customer to make any corrections to these records at the time. If customer refuses to sign said records, Mover’s records will govern.
CANCELLATION OF BOOKING
Any cancellation shall be made BEFORE twenty-four (24) hours of scheduled pick-up by AGARWAL PACKERS AND MOVERS SDN. BHD. “Customer Service or the assigned mover by call, Whatsapp or SMS.
If a service is booked and then cancelled within twenty-four (24) hours of scheduled pick-up, customer shall pay 50% of the booking total price or RM200 cancellation charge (whichever is lower). Cancellation fee may also be applicable but not limited to the following circumstances:
If the mover already arrived discovers, through communication with the customer, that the customer’s items are not eligible for the Services due to not limited to, items under the “TRANSPORT AND GOODS LIMITATIONS” list and/or incorrect information provided by the customer that make the moving process unable to proceed.
ADDITIONAL LICENSE, PERMITS AND DEPOSIT FEES
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 arranged and provided by the customer and not the mover.
If and/or when mover(s) are refused entry due to improper documentation, the fee of 50% from the booking total price or RM200 will be assessed accordingly. Additional fees for driver detention, and/or storage will also be applicable.
ADDITIONAL PICK UP/DROP OFF (STOP-OFF)
The following provisions govern additional stops in transit to partially load or unload, except as otherwise specifically provided.
Items received from one receiver at one point at one time in one booking, may be stopped in transit for partial loading and/or unloading only at points within the scope of mover’s operations or as otherwise agreed by mover.
The party or parties authorized and designated by the customer to accept at a point or place of stop-off may be the same or other than the customer in the booking details.
The request for additional pick up or drop off must designate the following:
Stop-off point or points and places.
The weight, quantities, markings, and description of articles to be loaded or unloaded.
The name, contact number and address of the party authorized to accept item for unloading at point of stop-off.
A notation will be made on the booking details and description of the portion of the items unloaded at each stop-off.
The substitution of items for that originally loaded or any exchange of contents at a point or place of stop-off may be permitted if agreed to with customer and noted on booking details.
INDEMNITY AND LIMITATION OF LIABILITY
You undertake the Services at your own risk and agrees to indemnify AGARWAL PACKERS AND MOVERS SDN. BHD. and its employees against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors’ fees) and any claim arising from your own actions in any way in connection with the Services, or a breach of your obligations as set forth in these Terms and Conditions.
AGARWAL PACKERS AND MOVERS SDN. BHD. is not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the Services. This limitation does not exclude any liability for negligence by AGARWAL PACKERS AND MOVERS SDN. BHD. or death or personal injury arising out of such negligence.
SEVERABILITY
The invalidity, illegality, or unenforceability of the whole or part of these Terms and Conditions do not affect or impair the continuation in force of the remainder of the Terms and Conditions.
ENTIRE AGREEMENT
These Terms and Conditions represent the entire agreement between the parties relating to the Services (unless otherwise expressly confirmed in writing by AGARWAL PACKERS AND MOVERS SDN. BHD. and supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded. For the avoidance of doubt, no information of any nature about the Services or any of these Terms and Conditions should be relied upon unless confirmed in writing by AGARWAL PACKERS AND MOVERS SDN. BHD.
NO WAIVER
The failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies.
GOVERNING LAW
These Terms and Conditions shall be governed by and interpreted in accordance with Malaysian law and the parties irrevocably submit to the exclusive jurisdiction of the Malaysian courts.
SPECIAL TERMS
These Terms and Conditions are not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them. No person shall derive any benefit or have any right, entitlement or claim in relation to this Terms and Conditions.
CHANGES TO THE TERMS AND CONDITIONS
We reserve the right to update these Terms and Conditions at any time and any changes may be made without notice to you. We recommend you to read this Terms and Conditions periodically.
By continuing to access or use Our Services after those revisions or changes become effective, you agree to be bound by the revised terms. If you do not agree to the new Terms and Conditions, please stop using the Website and/or Our Services.
All of our rights are reserved.