Disclaimer

Legal Terms and Conditions for the Asiatic Freight Brokerage web application


By using our services, you are bound to our terms and conditions of service.

The enrolled Customer, Shipper and/or Consignee (hereinafter collectively referred to as "Customer") agrees to these TERMS AND CONDITIONS which no agent or employee of the parties may alter. These TERMS AND CONDITIONS shall apply to all shipments scheduled by Customer, unless and until these TERMS AND CONDITIONS are altered or amended by the Company. The Company reserves the right, in its sole discretion, to refuse any shipment at any time.

THE COMPANY IS NOT A FREIGHT CARRIER OR AN AGENT FOR A FREIGHT CARRIER.

The General Rules Tariffs, set forth by the carriers, will in every instance take precedence in all legal proceedings and when applicable, will take precedence over the Company's TERMS AND CONDITIONS stated herein. If not in conflict with the carrier's General Rules Tariff, the Company's TERMS AND CONDITIONS as stated herein shall control. Where a customer enters into a separate contractual agreement with the Company, that agreement will take precedence over these TERMS and CONDITIONS.

Payment
Providing credit to trade partners as such is not an integral part of the service provided by Barracuda Technologies and it is thus never granted automatically. Credit should be commercially justified and it is only granted to customers who are creditworthy. Credit is not provided to non-regular and low turnover customers.
All Customers are subject to credit approval. Upon credit approval, all charges are payable in Malaysian Ringgit and are due upon receipt or upon agreed-upon terms. Any payment which is past due shall be subject to an additional charge at the rate of 2% per month of the average outstanding balance due, or the highest rate of interest permitted by applicable law, whichever is less. Overpayments do not accrue interest and are subject to Malaysian Law. In the event the Company retains an attorney or collection agency to collect unpaid charges or for the enforcement of these Terms and Conditions, all unpaid charges will be subject to a late payment penalty of 33% and Customer shall also be liable for all attorneys and collection agency fees incurred, together with related costs and expenses. All shippers, consignors, consignees, freight forwarders or freight brokers are jointly and severally liable for the freight charges owed to the Company relating to this shipment and the Company holds a warehouseman's general lien on all tangible personal property for any outstanding balances owed to the Company.
The Company reserves the right to amend or adjust the original quoted amount or re-invoice the Customer if the original quoted amount was based upon incorrect information received at the time of the original quote, if additional services by the carrier were required, or as otherwise necessary to perform the pick up, transportation and delivery functions therein. Customer is permitted thirty (30) business days from the date of the invoice to dispute any invoiced charges. If the Company does not receive a dispute within the allowable thirty (30) business days, the disputed item will be denied by the Company.
The credit period will depend on the creditworthiness of the customer as we well as expected support to be received from him.
The credit limit will depend on the creditworthiness of the customer as we well as expected support to be received from him.

Usage of AsiaticFreight.com
Your access to and use of this Barracuda Techologies website is subject to these Legal Terms and Conditions. By accessing and browsing this website or downloading data, material, text, images, video or audio etc (“Content”) from the website, you accept without limitation or qualification these Legal Terms and Conditions. Barracuda Techologies may at any time revise these Legal Terms and Conditions. You are bound by such revisions and should therefore periodically visit to review the current Legal Terms and Conditions.

Copyright
Copyright 2010 Barracuda Technologies. All rights reserved. All reproduction or distribution of any material on Asiatic Freight Brokerage web site is prohibited.
Unless otherwise specifically stated herein, Barracuda Technologies shall retain any and all title, rights and interests it may have in its trademarks, copyright, other intellectual property rights and other rights in respect of or connected to this website.
Barracuda Technologies shall own all intellectual property rights in this website as a whole including all rights in and to trade secrets, patents, copyrights, trademarks and know-how as well as moral rights and similar rights of any type under the laws of any governmental authority, domestic or foreign, now or in the future.
Barracuda Technologies shall also own any data it creates as a result of operating the website.
Everything you see or read or that is contained in this website is protected by copyrights and, except as strictly provided and permitted in these Legal Terms & Conditions and/or on the website, may not be used without the prior written permission of Barracuda Technologies. In particular, without prior written permission, you (1) may not replicate in any way any Content appearing on the website; (2) may not create a border environment or browser around or otherwise frame any Content or create an impression that the Content is supplied by any other party than Barracuda Technologies; (3) may not present misleading or false information about Barracuda Techologies and its services or Content; (4) may not misrepresent Barracuda Technologies’ relationship with your good self (or any third party); (5) may not create any implication or inference that Barracuda Technologies endorses your good self or your services (or any third party); (6) may not use or reproduce the ASIATIC FREIGHT logo, trade mark or name; (7) may not link Barracuda Technologies to any content that could be construed as obscene, libelous, defamatory, distasteful, offensive, pornographic, or inappropriate in any other way; (8) may not link Barracuda Techologies to any materials, content or anything else that might violate any laws of any jurisdiction.
Barracuda Technologies neither warrants nor represents that your use of material displayed on the website will not infringe rights of third parties not owned by or affiliated with Barracuda Technologies.
This website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

Trademarks
The Asiatic Freight trade name, logo and all related product or design marks, are the property of Barracuda Techologies and may not be used without written approval from Barracuda Technologies.

Change of Information and Services
Information on this website may be changed and updated without prior notice. Barracuda Techologies may also make improvements and/or changes in the services described in the information at any time without prior notice.

Errors
While Barracuda Techologies has taken reasonable care to ensure that the information contained in this website is accurate and up to date, Barracuda Techologies is not responsible or liable for any errors, inaccuracies or omissions, misuse, or conversion of any data or information contained in, or derived from, this website, -or from the results obtained from the use of any data or information. All information on this website is provided "as is" with no guarantee of completeness, accuracy, timeliness or of results obtained from the use of this information and without warranty or representation of any kind, expressed or implied.

Hyperlinked Websites
Barracuda Techologies makes no warranty or representations whatsoever regarding any other website which you may access through this website. When you access a non-Barracuda Techologies website, please understand that it is independent from Barracuda Techologies and that Barracuda Techologies has no control over the content of that website. In addition, a link to a non-Barracuda Techologies website does not mean that Barracuda Techologies endorses or accepts any responsibility for the content or the use of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of viruses and other items of destructive nature.

Received Information
Information or data provided to Barracuda Techologies by you may be transmitted to third parties for business purposes only. Without waiver or limitation of any article in these Legal Terms and Conditions, Barracuda Techologies assumes no responsibility and shall not be liable for any loss of, erroneously or unjustified transfer to any third party of, or any third party's unjustified access to or alteration of confidential data or information provided to Barracuda Techologies by you.

Exclusion of Liability
In no events will Barracuda Techologies, its parents, its related partnerships, affiliates, corporations, associated companies, directors, officers, employees, agents or representatives be liable for any decision made or action taken in reliance on the information on this website or for any loss, damage or claims of whatever nature or for any direct, indirect, incidental, consequential, special, punitive or other damages whatsoever, including, but not limited to, liability for business interruption or loss of data or profits arising out of access to or use of this website or its services, even if Barracuda Techologies is expressly advised of the possibility of any loss, claims or damages unless caused by Barracuda Techologies’ personal intentional fault. Neither Barracuda Techologies nor any of the above mentioned parties accept or assume any responsibility and shall bear no liability for any damages to or viruses that may infect your computer, any other hardware, software or other IT systems or other property on account of your accessing, browsing and/or using this website and any of its services or downloading of any Content from the website unless caused by Barracuda Techologies’ personal intentional fault. Furthermore, Barracuda Techologies assumes no responsibility and shall not be liable for any damages whatsoever due to any third party's unjustified access to the website, passwords or data or information in the website.
Notwithstanding the above, if Barracuda Techologies or any other party referred to in this clause is nevertheless found liable for any such claim; expenses, costs, loss or damage, that liability shall not exceed 100 MYR (one hundred ringgit malaysia only).
The exclusions and limitations referred to in this clause are not intended to apply on willful breaches (‘opzet’/’comportement intentionnel’) of these Legal Terms and Conditions, and/or liability in connection with fraud by Barracuda Techologies.
In the event that a claim arises pursuant to the use of this website, you shall immediately, and in writing, notify Barracuda Techologies of such claim.
Barracuda Techologies shall have no liability towards you unless you notify Barracuda Techologies in writing of any claim within one week of becoming aware of such claim. In no circumstances shall you have a claim against Barracuda Techologies, unless suit (legal action) is commenced by you within six months of the claim arising, such claims otherwise being definitely waived and time-barred.

Severability
In the event that any term or condition of these Legal Terms and Conditions is not fully enforceable or valid for any reason, such term or condition shall be severable from the remaining terms and conditions and the enforceability of any remaining terms and conditions shall not be affected by such severance.

Law and Venue
This website, including these Legal Terms and Conditions, shall be governed by Malaysian law. Any dispute arising out of or in relation to this website, including these Legal Terms and Conditions, shall be subject to the exclusive jurisdiction the courts of Malaysia.

Links
This site contains links to other third party websites. Barracuda Techologies is not responsible for the privacy practices or content of such third party web sites.

Miscellaneous
THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO DELIVERIES, OR WITH REGARD TO THIS WEBSITE, INFORMATION PROVIDED ON THIS WEBSITE OR SERVICES RELATED TO TRANSACTIONS CONDUCTED ON THIS WEBSITE. THE COMPANY CANNOT GUARANTEE DELIVERY BY ANY SPECIFIC TIME OR DATE. IN ANY EVENT, THE COMPANY SHALL NOT BE LIABLE FOR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT THE COMPANY HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
The rights of Barracuda Technologies, its affiliates, associates and agents in these Legal Terms and Conditions, may be exercised as often as necessary and are cumulative and not exclusive of their rights under any applicable law. Any delay in the exercise or non-exercise of any such right is not a waiver of that right.

If you have any questions in respect of our private policy, please do not hesitate to contact us.



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