Please read these Terms and Conditions carefully before using the services offered by The Lorry Online Sdn Bhd (“TheLorry“) 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 http://www.thelorry.com/business (“Website“) (collectively with the site, referred to as “Services“).
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 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 is deemed dangerous and illegal in Malaysia. You will be liable if you fail, neglect or refused to inform us on the nature and condition of your items for shipment.
Please also see our Return and Refund Terms and Conditions.
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. TheLorry 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 endeavour 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.
Nothing in this terms and conditions shall require the transporter to perform pick-up or delivery service at any location from or to which it is impracticable, through no fault or neglect of the transporter 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 reasonable apprehension of danger to person or property.
TRANSPORT AND GOODS LIMITATION
There are several prohibitions for the use of TheLorry services. The following cases are specifically prohibited:
- ABSOLUTELY NO CARRIAGE OF ANY PERSON in cargo compartment for any distance or reason ever.
- ABSOLUTELY NO CARRIAGE OF ANY ANIMAL in cargo compartment for any distance or reason ever.
- Items of extraordinary value or items that are irreplaceable should not be moved via TheLorry.
- NO Hazardous Materials to be carried but is 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.
- Transporter does not hold out to transport jewellery, objects d’art, currency, documents items of unusual value or rare metals. Unless otherwise indicated herein or agreed to by contract.
- NO moving or transport of personal effects (including but not limited to furniture, electrical appliances, small vehicles) from a residential premise or dwelling unit to another residential premise or dwelling unit.
Transporter 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 lorry that have 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 arrangement already been made and agreed upon for timing beyond previously mentioned time. Appointments shall be made at no charge. Transporter shall not be liable for late deliveries or unkept appointments due to circumstances beyond transporter’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 TRANSPORTER’S LIABILITY FOR PREMISE CLEARANCE
Transporter assumes no responsibility for insuring or otherwise providing for clearance of lorry through or inspection by premise’s management. Transporter is not responsible for the application for entry permit into pickup or delivery premise if the management rule and regulation require entry pass or permit to be applied beforehand. Transporter 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 pickup or delivery at all points within the limits of the cities, towns, villages and other points from and to which rates apply.
Transporter shall allow (one) hour of waiting time both for loading and unloading to begin. Such time shall commence from the time the transporter arrived or from the time the transporter 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.
- This item applies when the transporter’s vehicles with driver are delayed or detained beyond the free time provided for herein at time of delivery to the customer or at time of pick-up when such delay is not the fault of transporter.
- 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 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:
- Transporter may return to transporter’s terminal with what goods and items has not been unloaded, but transporter shall return the following day with the balance of the goods and items during the customer’s available time.s
- 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 delay occurs beyond free time, the charge for detention shall be RM50.00 per hour or fractions thereof.
- Transporter shall give 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, Transporter’s records will govern.
CANCELLATION OF BOOKING
Any cancellation shall be made BEFORE twenty-four (24) hours of scheduled pick-up by informing TheLorry’s Customer Service or the assigned transporter 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% from the booking total price or RM200 cancellation charge (whichever is lower). Cancellation fee may also applicable but not limited to the following circumstances:
If the transporter 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 transportation process unable to proceed.
Physical documents, including but not limited to delivery orders, invoices, purchase orders, will not be returned back to you upon completion of delivery. Return of such documents will attract a fee of RM30.00 per return trip.
As part of carrying out Services and in the event that the items to be delivered were unable to be delivered due to factors that are beyond the transporter’s control such as but not limited to recipient not being present on the day of delivery to receive goods or items rejected by recipient for any reason, return of such items back to the your facilities or premise will attract a fee of RM30.00 per return trip.
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 transporter. If and/or when transporter(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.
Per booking fee of RM159.00 is applicable when requesting a lorry equipped with hydraulic tailgate.
STORAGE OF LOADS AT TRANSPORTER’S FACILITY
Transporter will assess RM100.00 per night applicable for all loads stored at transporter’s facility.
Customer shall be responsible party for payment of or reimbursement to transporter, for any fines resulting from excess weight or dimension of any shipment that causes the transporter to be in violation of any local, state, or federal law. Fines incurred for equipment defects are the responsibility of the equipment owner.
RECONSIGNMENT OR DIVERSION
A request for diversion of transport will be subject to the following definitions, conditions and charges:
- Request for diversion must be informed to TheLorry Customer Service department in writing (e-mail, WhatsApp or SMS) or phone call.
- Diversion prior to movement of a shipment shall bear the rate that would otherwise have applied if the shipment was originally scheduled for movement to the final destination.
- Diversion en route shall be determined on the basis of the distance from origin to final destination via diversion point.
- If the transport is returned to the origin point, the rate to be applied will be the applicable rate to the most distant point actually traveled in addition to the mileage rate from same back to point of origin.
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 transporter’s operations or as otherwise agreed by transporter.
- 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.
- Additional charges on item(s) stopped to partially load or unload must be prepaid or guaranteed by the customer. If not prepaid, the customer must show on the booking details the name of one party from whom the entire charges, including the stop-off charges, shall be collected, which must be a party to whom a portion of the items to be delivered.
- The rate that customer shall pay for transporter’s stop-off service shall be assessed at the rate applicable from point of origin to stop-off location and/or from one stop-off location to another stop-off location in addition to the original charge for point-of-origin to the final destination.
PASSING OF RISK
When the your goods are transported or moved for the purpose of transportation, any risk (including accidental loss, destruction or deterioration) (“Risk“) shall pass to you as soon as we have delivered the goods to the assigned transporter. As part of Our value-added Services, We will assist in ensuring the highest level of care is administered while handling and transporting your goods but we cannot accept any liability arising therefrom.
INDEMNITY AND LIMITATION OF LIABILITY
You undertake the Services at your own risk and agrees to indemnify TheLorry 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.
TheLorry 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 TheLorry or death or personal injury arising out of such negligence.
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.
These Terms and Conditions represent the entire agreement between the parties relating to the Services (unless otherwise expressly confirmed in writing by TheLorry) 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 TheLorry.
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.
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.
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 reserves 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.