Terms and Conditions

Article 1: Definitions

For the purposes of these “General Terms and Conditions,” the following definitions apply:

a) Client/Contracting party: Refers to any individual or entity that has rights or obligations related to the goods provided under a contract for freight forwarding services signed with Lead Shipping LLC or as a result of Lead Shipping’s activities regarding such services.

b) Goods: Refers to any property, including live animals, as well as containers, pallets, or transportation or packaging equipment not supplied by Lead Shipping LLC.

c) Dangerous Goods: Refers to goods officially classified as such, including goods that are or may become dangerous, flammable, radioactive, toxic, or harmful in nature.

d) Written: Refers to any visually expressed manner of permanently representing or reproducing words, including letters, fax, telex, telegram, email, or any other record by electronic means.

e) Freight Forwarding Services: Refers to services of any kind related to the transportation, consolidation, deconsolidation, warehousing, handling, packaging, logistics, and/or distribution of goods. This includes ancillary and advisory services related to the shipment of goods, such as insurance contracting and refund collection.

f) Freight forwarder: Refers to Lead Shipping LLC, the entity that enters into a contract for the provision of freight forwarding services with a client.

g) Carrier: Refers to the person or entity responsible for transporting the goods using their own means of transport (effective carrier) or any person who assumes liability for the carrier’s responsibility explicitly or implicitly (contracting carrier).

Article 2: Scope

Lead Shipping LLC provides its freight forwarding services in accordance with the applicable legal regulations and guidelines as defined by the corresponding authorities. These general contractual clauses shall govern all services provided by Lead Shipping within the scope of its activities, unless otherwise specified.

Article 3: Applicability

Lead Shipping will carry out its services based on the client’s instructions and agreements. In the absence of written directives stating different contractual conditions, the client, whether acting as the owner of the property or goods, intervening as an agent or representative of another party or not, shall be bound by the rights and obligations established in these general terms and conditions.

Article 4: Presentation of Prices

1. Unless explicitly stated otherwise, the prices offered by Lead Shipping LLC for its services do not include duties, fees, taxes, or charges imposed by the Taxation and Customs Administrations or any other official agencies. These prices apply to cargo that is considered normal for transportation in terms of nature, weight, and dimensions, as per the current regulations.
2. The prices mentioned in the previous paragraph do not cover any expenses or charges related to downtime, storage, repairs, or other ancillary services, unless specifically stated in the proposal’s conditions. These additional expenses and charges will only be applicable if they have not been excluded by the client in a timely and formal manner.

Article 5: Price Alteration

The established prices may be subject to alteration if circumstances arise that modify the conditions on which the proposals were based. These circumstances include, but are not limited to:

a) Inaccuracy or subsequent alteration of the client’s statement regarding the content, weights, volumes, and values of the goods being serviced, or any changes in the purchase and sale terms.

b) Deviations from the proposed shipping method by the freight forwarder or disruptions in scheduled itineraries, which necessitate the use of more costly means or routes.

c) Service delays caused by natural events, political events, or any other kind of events beyond the control of the freight forwarder.

d) Alterations in regulations, conventions, fees, schedules, or rates.

e) Changes in exchange rates.

Lead Shipping LLC reserves the right to adjust the prices in such cases, and any resulting additional costs will be communicated to the client promptly.

Article 6: Revision of Prices and Conditions

In the event of unforeseen expenses incurred by Lead Shipping LLC due to force majeure or unforeseeable circumstances during the fulfillment of its duties, or expenses necessary to ensure the preservation or protection of the property or goods covered by the contract, a corresponding revision of the stipulated conditions shall be deemed legitimate and enforceable.

Article 7: Validity of Proposals

The proposals provided by Lead Shipping LLC shall be valid for the period indicated by the freight forwarder. If no specific duration is mentioned, the proposals shall expire fifteen days from the date of submission to the client.

Article 8: Written Instructions

1. The client is required to provide clear, precise, and complete written instructions and specifications regarding the goods covered by each contract.
2. Upon receiving these instructions, Lead Shipping LLC will review them to ensure their compliance with the services agreed upon.

Article 9: Verification of Instructions

Upon receipt of the documents issued by Lead Shipping LLC, the client is responsible for carefully examining them and promptly notifying any errors or discrepancies. This allows Lead Shipping LLC to make the necessary corrections in a timely manner.

Article 10: Inadequate or Insufficient Instructions

1. If the client’s documents or statements contain errors, inaccuracies, incompleteness, or lack the necessary information for the proper execution of the contract, including details about the nature, value, weight, diameter, or content of the goods covered by the contract, the client shall be held fully liable for any consequences arising from such discrepancies.
2. If Lead Shipping LLC identifies any discrepancies or irregularities mentioned in the previous paragraph that may result in liability or damage to any party involved or third parties, the freight forwarder must promptly notify the client. This allows the client to correct these discrepancies or irregularities within a reasonable timeframe.
3. If the discrepancies or irregularities mentioned above are not corrected in time for Lead Shipping LLC to fulfill its obligations, the freight forwarder may choose to terminate the contract or proceed with its execution based on the content of the client’s documents and statements. In such cases, the client shall bear all direct or indirect damages and liabilities arising from those discrepancies or irregularities.
4. In the case of goods subject to purchase and sale agreements, any non-compliance of the client’s instructions with the conditions of the contract shall be the sole responsibility of the client.

Article 11: Insufficient or Inappropriate Packaging

1. The client bears responsibility for any losses resulting from insufficient or inappropriate packaging of the goods.
2. If, at any point during the provision of services, damaged packaging is identified, Lead Shipping LLC may undertake the necessary repairs. The cost of repairs will be borne by the client, and they will be notified in advance of the repairs, unless the urgency of the situation prevents such advance notification.
3. The freight forwarder must provide proper justification for the urgency that necessitates immediate repair.

Article 12: Dangerous Goods

1. Unless expressly agreed upon in writing for each specific case, Lead Shipping LLC shall not handle or transport dangerous goods or any other goods deemed hazardous or likely to cause harm to third parties.
2. If a client delivers goods of such nature without the explicit agreement of Lead Shipping LLC, the client shall be held responsible for any loss or damage incurred by the freight forwarder or third parties. The client shall indemnify Lead Shipping LLC for any damages, costs, fines, or claims arising from such goods, and the goods may be destroyed or traded under the supervision of the competent authority, as deemed necessary.

Article 13: Special Delivery Conditions

The freight forwarder is only obligated to adhere to special delivery conditions for goods or the collection of amounts if explicit written instructions are received from the client, and the freight forwarder accepts them accordingly.

Article 14: Instructions on Handling of Property or Goods

1. Lead Shipping LLC may perform additional operations at the expense of the contracting party, such as the collection or storage of property or goods. These operations can be carried out based on instructions received from the contracting party, during the period when instructions are awaited, or as a result of transportation interruptions or delays. In any case, Lead Shipping LLC will promptly inform the contracting party of such operations.
2. In the absence of specific instructions from the contracting party, Lead Shipping LLC will utilize appropriate and feasible methods for the forwarding of the property or goods entrusted to them.

Article 15: Other Obligations of the Freight Forwarder

Lead Shipping LLC will only undertake procedures or formalities with competent entities as expressly requested by the client. However, Lead Shipping LLC will not be held liable for any damages resulting from the refusal or delay of such entities or any insufficiencies in the information provided by the client for this purpose.

Article 16: Goods Groupage

Unless explicitly stated otherwise, Lead Shipping LLC may transport goods using a groupage system, which involves transporting goods from different clients together. Lead Shipping LLC will select the most suitable itineraries and means of transport in the best interest of the cargo and the client.

Article 17: Goods Insurance

Unless expressly authorized by the client in a timely and appropriate manner, including specifying the nature of the risks and the values to be covered, Lead Shipping LLC is not responsible for arranging insurance contracts to cover potential losses to the property or goods during transport.

Article 18: Refusal or Failure to Receive

In the event that the recipient refuses to accept the goods being provided as part of the services or if the recipient has ceased its activities, the goods will be deemed the responsibility and liability of the contracting party or any party that has assumed the role of the contracting party in dealing with Lead Shipping LLC. Such party will remain liable for all service charges and any potential costs associated with the return of the goods.

Article 19: Invoice Payment

1. Failure to pay the invoice issued by Lead Shipping LLC within 15 days from the date of submission, unless expressly agreed otherwise, will result in the debtor being in default and liable to pay interest at the legal rate.
2. In the event of non-payment and when the invoices involve payments in foreign currency, the invoices shall be subject to corrections due to exchange rate fluctuations that occurred up to the payment date, as well as any bank charges resulting from the transaction.

Article 20: Complaints Against Invoice

While the obligation to pay remains under the previously stated terms, the client has the right to dispute invoices or debit notes from Lead Shipping LLC, provided they do so within 15 days from the date of submission and provide valid grounds for the dispute.

Article 21: Provision

Lead Shipping LLC may request funds from the client whenever it is necessary to pay for freight, customs duties, and other duly justified costs incurred by the client.

Article 22: Limitation of Liability

1. Lead Shipping LLC is responsible to its client for any breaches of its obligations, as well as the obligations undertaken by third parties contracted by Lead Shipping LLC.
2. The liability of Lead Shipping LLC resulting from executed contracts is limited to the amounts established by law or agreement for the carrier responsible for the material implementation of transportation, unless otherwise agreed by the parties.
3. In any case, the liability of Lead Shipping LLC shall not exceed the actual value of the loss or the value of the property or goods, whichever is lower.

Article 23: Failure to Collect or Remove Goods

1. In the event of the client’s failure to collect or remove the goods entrusted to Lead Shipping LLC in a timely manner, Lead Shipping LLC reserves the right to terminate the contract, in addition to the right to charge an adequate storage fee or seek fair compensation for any damage caused.
2. Lead Shipping LLC shall notify the interested party, providing information on the conditions and deadlines for the collection of goods, as required under the provisions mentioned above.

Article 24: Right to Withhold

Unless explicitly stated otherwise, Lead Shipping LLC may exercise the right to withhold the goods entrusted to them as collateral for any outstanding credits arising from the contractual relationship.

Article 25: Expiration of the Right to Compensation

The right to compensation arising from Lead Shipping LLC’s liability expires within 10 months from the date of completion of the contracted services.

Article 26: Competent Court

1. In the event of any legal dispute, the chosen court shall be the court located at the headquarters of Lead Shipping LLC, with the express waiver of any other jurisdiction.
2. However, if the issue or provision of services occurs at a branch or subsidiary of Lead Shipping LLC, the corresponding court of that jurisdiction shall apply.

Approved by Lead Shipping LLC on [insert date]. Applicable pursuant to the relevant laws and regulations governing freight forwarding services in the United Arab Emirates.

Additional Note: In case it is found that the services provided by Lead Shipping LLC, or any part thereof, are prohibited under applicable laws or regulations, including but not limited to anti-terrorism laws and embargoes, Lead Shipping LLC reserves the right to cancel the service or any part thereof without prior notice and without incurring any liability towards the client, in any capacity.

Contact: If you have any suggestions, requests, or complaints regarding Lead Shipping LLC’s services, please send a message to:
Email: sales@leaddubai.com
Phone: +971-4-2562371
Address: Post box: 98408, Office no: 309, Mayfair Building, DIP 1, Dubai, UAE