Terms and Conditions
-
Scope of Application
These Terms and Conditions apply to all services rendered by LUG International Transport WLL (hereafter “LUG INTL” or “the Company”), including but not limited to freight forwarding, transportation, customs clearance, warehousing, logistics support, and associated consultancy services. Any service provided by LUG INTL shall be governed solely by these Terms, unless otherwise agreed in writing.
-
Acceptance of Service Proposal
All service proposals or quotations issued by LUG INTL shall remain valid for fifteen (15) calendar days unless stated otherwise. The proposal shall be deemed accepted only upon written confirmation by the Customer, duly signed by an authorized representative. Upon acceptance, a binding contract shall be formed, governed by the laws of the State of Qatar.
-
Entire Agreement
These Terms, along with the accepted proposal or service agreement, constitute the entire agreement between LUG INTL and the Customer. No verbal communication or external documentation (e.g., Purchase Orders) shall alter these Terms unless specifically acknowledged in writing by both parties. In the event of conflict, these Terms shall take precedence.
-
Payment Terms
- Payments shall be made in full in Qatari Riyals (QAR) or as agreed within the agreed period from the invoice date, without deduction or offset.
- Delayed shipments at the Customer’s request or any operational delay from the carrier side or force majeure situations do not delay the payment obligation.
- LUG INTL may suspend services or withhold documents (e.g., Bills of Lading) until full payment is received.
-
Insurance
No insurance will be effected by LUG INTL, except upon express instructions given in writing by the Customer. All insurances effected are subject to the usual exceptions and conditions of the Policies of the Insurance Company or Underwriters taking the risk. Unless otherwise agreed in writing, LUG INTL shall not be under any obligation to effect a separate insurance on each consignment but may assist in arranging insurance upon written request, acting only as a facilitator.
-
Service Execution, Risk and Hindrances
If at any time the LUG INTL performance is or is likely to be aAected by any hindrance or risk of any kind (including the conditions of the Goods) not arising from any fault or neglect of the LUG INTL and which cannot be avoided by the exercise of reasonable endeavor, the LUG INTL may abandon the carriage of the Goods under the respective contract and, where reasonably possible, make the Goods or any part of them available to the Customer at a place which the LUG INTL may deem safe and convenient, whereupon delivery shall be deemed to have been made, and the responsibility of the LUG INTL in respect of such Goods shall cease. In any event, the LUG INTL shall be entitled to the agreed remuneration under the contract and the Customer shall pay any additional costs resulting from the above-mentioned circumstances.
-
Method and Route of Transportation
LUG INTL shall carry out his services according to the Customer's instructions as agreed. If the instructions are inaccurate or incomplete or not according to contract, the LUG INTL may at the risk and expense of the Customer act as the deems fit. Unless otherwise agreed, LUG INTL may without notice to the Customer arrange to carry the Goods on or under deck. Unless otherwise agreed, LUG INTL may, upon reasonable eAorts to inform the Customer, choose or substitute the means, route and procedure to be followed in the handling, stowage, storage and transportation of the Goods.
-
Customs Clearance Services
For customs brokerage services, the Customer shall:
- Provide accurate and complete documentation.
- Bear sole responsibility for any fines, penalties, or delays resulting from incorrect declarations, non-compliance, or missing documents.
- Indemnify LUG against any liabilities arising from misdeclaration or regulatory non-compliance.
-
Delays and Force Majeure
LUG shall not be liable for any delay or failure in performance due to circumstances beyond its reasonable control, including customs delays, port congestion, labor disputes, acts of God, war, terrorism, or governmental actions. Delivery timelines are indicative and not binding.
-
Liabilities as the Freight Forwarder (except as principal)
-
Basis of liability
-
Liability based on duty of care
LUG INTL is liable if fails to exercise due diligence and take reasonable measures in the performance of the Freight Forwarding Services, in which case subject to Art.8, shall compensate the Customer for loss of or damage to the Goods as well as for direct financial loss resulting from breach of duty of care.
-
No liability for third parties
LUG INTL is not liable for acts and omissions by third parties, such as, but not limited to, Carriers, warehousemen, stevedores, port authorities and other freight forwarders, unless has failed to exercise due diligence in selecting, instructing or supervising such third parties.
-
-
Exclusions, assessment, and monetary limits of liability
-
Exclusions
LUG INTL shall in no event be liable for:
- Valuables or Dangerous Goods unless declared as such to at the time of the conclusion of the contract,
- loss following from delay unless expressly agreed in writing,
- indirect or consequential loss such as, but not limited to, loss of profit and loss of market,
- loss of or damage to the goods due to inherent defect of the goods,
- acts or omissions of Customer, its agents or any third party that the Customer employs,
- improper packing or marking of the goods,
-
Assessment of compensation
The value of the Goods shall be determined according to the current commodity exchange price or, if there is not such price, according to the current market price or, if there is no commodity exchange price or current market price, by reference to the normal value of the Goods of the same kind and quality.
-
Monetary limits
-
Loss of or damage to the Goods
LUG INTL shall not be or become liable for any loss of or damage to the Goods in an amount exceeding the equivalent of 2 SDR per kilogram of gross weight of the Goods lost or damaged unless a larger amount is recovered from a person for whom the LUG INTL is responsible. If the Goods have not been delivered within ninety consecutive days after the date when the Goods ought to have been delivered, the claimant may, in the absence of evidence to the contrary, treat the Goods as lost.
-
-
-
-
Indemnification
The Customer agrees to indemnify and hold harmless LUG INTL, its employees, and agents from any loss, damage, or legal cost arising out of:
- Breach of the Contract or applicable laws by the Customer.
- Misrepresentation or misdeclaration of cargo.
- Acts or omissions of the Customer’s representatives or subcontractors
- Any claims of a General Average nature which may be made on the Company
-
Service Cancellation or Modification
Confirmed service orders may only be cancelled or modified with LUG INTL’s written consent. In such cases, the Customer shall bear any costs incurred up to the cancellation date, including administrative expenses, third-party fees, and restocking or transportation charges.
-
Termination
Either party may terminate the contract with written notice in case of material breach. Upon termination, the Customer shall settle all pending dues, and LUG INTL may retain documents or cargo as security for unpaid amounts.
-
Governing Law and Jurisdiction
These Terms shall be governed by and interpreted under the laws of the State of Qatar. Any dispute shall be submitted exclusively to the jurisdiction of the competent courts in Doha, Qatar.
-
Arbitration
At LUG INTL’s sole discretion, disputes may be referred to arbitration in accordance with the Qatar International Chamber of Commerce. The place of arbitration shall be Doha, Qatar, and the proceedings shall be conducted in English or Arabic.
-
Confidentiality
All business-related and commercial information exchanged between LUG INTL and the Customer shall be treated as confidential and shall not be disclosed to third parties without prior written consent, unless required by law.
-
Miscellaneous
General. Any representation, warranty, course of dealing or trade usage not contained or referenced herein will not be binding on the Company.
(a) Entire Agreement. This Contract, together with any aAixed schedules or exhibits, constitutes the entire understanding between the parties with respect to the subject matter of this agreement and supersedes any prior discussions, negotiations, agreements and understandings.
(b) Modification. No modification of the Contract shall be eAective unless made in writing and signed by an authorized representative of both parties.
(c) Severability. If a provision of the Contract is held to be invalid or unenforceable, the Contract shall continue in full force and eAect and shall be construed as if the invalid or unenforceable provision was omitted.
(d) Waiver. Company’s failure to exercise a right or remedy of Company’s acceptance of a partial or delinquent payment shall not operate as a waiver of any of Company’s rights or Customer’s obligations under this Contract and shall not constitute a waiver of Company’s right to declare an immediate or a subsequent default.
(e) Remedies Cumulative. Company’s remedies provided in this Contract shall be cumulative. The assertion by Company of any right or remedy shall not preclude the assertion by Company of any other rights or the seeking of any other remedies.
(f) Limitation Period for Bringing Action. No action may be commenced to enforce this contract or for any breach hereof, or for any defect or deficiency of the goods to be delivered hereunder, whether on contract, negligence, or strict or products liability, or other legal theory unless such action is brought within 12 months after accrual of such cause of action.
(g) Indemnification. Customer shall defend, indemnify and hold harmless Company and its agents from any claims, damages or expenses including attorneys’ fees, arising or alleged to arise from any asserted deficiencies or defects in the goods/Services caused by any alteration thereof with or without Company’s consent made by Customer, the improper handling, storage or installation by Customer.
(h) Arbitration.Any controversy or claim, legal or equitable, arising out of or relating to the Contract, or the breach thereof, shall be settled by an arbitration procedure agreed to by the parties, or, absent such an agreed arbitration procedure, in accordance with the Commercial Arbitration Rules of the State of Qatar. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitration proceeding shall take place and the arbitration award shall be given in writing in Doha, Qatar, unless the parties agree otherwise.
(i) Choice of Law and Forum. The Contract shall be governed by and construed in accordance with the laws of the State of Qatar, notwithstanding any state’s choice of law or rules to the contrary. Customer consents and agrees that any judicial action brought to enforce this contract, or for any breach hereof, or for any defect or deficiency of the goods/Services to be delivered hereunder, whether on warranty, contract, negligence, or strict or products liability, shall be brought solely in a state court sitting in the State of Qatar, and Customer consents and submits to the jurisdiction of such court.
(j) Assignment. Neither the Contract nor any rights or benefits hereunder are assignable by Customer without the prior written consent of Company. Any such prohibited assignment shall be null and void.
(k) Notices. All notices, demands and requests required or permitted to be given under the provisions of this Contract shall be in writing and shall be deemed given
(a) when personally delivered to the party to be given such notice or other communication,
(b) on the business day that such notice or other communication is sent by facsimile or similar electronic device, fully prepaid, which facsimile or similar electronic communication shall promptly be confirmed by written notice, (c) on the third business day following the day such notice or other communication is sent by reputable overnight courier, to the address set forth at the beginning of the Contract, or to such other address as the parties may designate in writing.
(l) Attorney’s Fees. In the event that Company is the prevailing party in any action, proceeding or arbitration between Customer and Company concerning the interpretation and/or enforcement of any of the terms or provisions of the Contract, Customer shall be liable to Company for all costs, including reasonable attorney’s fees, incurred by the Company with respect to such action, proceeding or arbitration.