Akaala Terms of Service

Applicable to Transportation, Logistics and International Procurement Services

1. DEFINITIONS

For the purposes of these Terms of Service, the following terms shall have the meaning indicated below:

"Transportation" means all or any part of the logistics operations and services performed by Akaala in relation to the Goods, including maritime, air, land, multimodal transport, warehousing, consolidation and complementary services.

"Akaala" or "Carrier" means Akaala International L.L.C - FZ – Global Procurement, Logistics and International Trade Solutions, including its affiliates, subsidiaries, authorized agents and representatives.

"Container" includes any container, trailer, portable tank, platform, pallet or other equipment used for the transportation of goods.

"Dangerous Goods" are any goods that pose, or may reasonably pose, a risk to persons, property, means of transport or facilities, including, but not limited to, those classified as dangerous under applicable national or international legislation.

"Goods" means the cargo described in the bill of lading, airway bill, waybill or applicable transport document, including any container provided by the Customer.

"Customer" or "Merchant" includes the shipper, sender, recipient, consignee, holder of the transport document, owner of the goods or any person acting on their behalf or having a present or future interest in the Goods.

"Package" corresponds to the largest individual unit of cargo delivered to Akaala, including palletized units and containers loaded and sealed by the Customer.

"Subcontractor" includes direct or indirect agents, carriers, port operators, stevedores, terminals, airlines, land carriers and any third parties involved in the total or partial execution of the Transportation.

"Vessel" includes any ship, boat, barge, aircraft, land vehicle or other means used in Transportation.

If the Goods are lost, damaged or delayed during a maritime segment and the owner or charterer of the vessel invokes limitation of liability under applicable legislation, only that owner or charterer shall be considered liable for that specific segment.

2. TRANSPORT DOCUMENT

The transport document issued may be:

  • Non-negotiable, when not issued "to order"; or
  • Negotiable, when issued "to order", constituting a document of title representing the Goods.

If the document is negotiable, all duly endorsed originals must be surrendered for delivery of the Goods.

If delivery is made without presentation of all originals, upon request of the Customer, the Customer undertakes to indemnify Akaala for any losses resulting from such delivery.

Unless otherwise provided, negotiable documents expire six (6) months after their issuance.

3. EFFECT AND SCOPE

These Terms govern all services provided by Akaala, including multimodal transport, port-to-port, warehousing, consolidation and ancillary services.

Acceptance of a proposal, issuance of a transport document or delivery of Goods to Akaala implies full acceptance of these Terms.

4. OWNERSHIP WARRANTY

The Customer warrants that:

  • They are the lawful owner of the Goods; or
  • They have express authorization from the owner to contract Akaala's services.

The Customer assumes full responsibility for incorrect or incomplete information regarding the Goods.

5. SUBCONTRACTING AND CONSOLIDATION

Akaala may:

  • Subcontract all or part of the Transportation;
  • Consolidate the Goods with cargo from other customers;
  • Enter into contracts with third parties under the usual terms and conditions of such operators.

Any Subcontractor shall benefit from the same liability limitations and protections provided in these Terms.

6. AKAALA'S LIABILITY

6.1 Applicable Regime

Transportation shall be governed by the legislation applicable to the mode of transport used, including international conventions, when applicable (maritime, air or land transport).

All rights, immunities, defenses and liability limitations provided for in applicable legislation shall extend to Akaala and its Subcontractors.

6.2 Limitation of Liability

Unless the Customer expressly declares a higher value and pays additional freight, Akaala's liability shall be limited as follows:

  • Maritime transport: limit per package or cargo unit according to applicable legislation;
  • International air transport: limit per kilogram according to current international conventions;
  • Land transport: limit according to legislation applicable to the country of transport;
  • In the absence of a specific regime: liability limited to the lower value between the value of the Goods or the applicable legal limit.

Under no circumstances shall Akaala be liable for:

  • Loss of profits
  • Loss of revenue
  • Indirect or consequential damages
  • Loss of market

6.3 Declaration of Value (Ad Valorem)

The Customer may declare a higher value in the transport document, paying freight adjusted to the risk.

In case of partial loss, compensation shall be proportional to the declared value, never exceeding the actual value of the Goods.

6.4 Delays

Akaala shall not be liable for delays, unless otherwise agreed in writing.

6.5 Liability Exclusions

Akaala shall not be liable for losses, damages or delays resulting from:

  • Force majeure or acts of God
  • War, terrorism or political instability
  • Strikes or work stoppages
  • Embargoes or government restrictions
  • Acts or omissions of the Customer
  • Inherent defect of the Goods
  • Inadequate packaging
  • Adverse natural conditions
  • Piracy, robbery or criminal acts
  • Salvage of life or property

7. INDEMNIFICATION

The Customer undertakes to indemnify Akaala against any third-party claims related to the Goods, except when resulting from proven willful misconduct or gross negligence by Akaala.

8. ASSIGNMENT AND SUBROGATION

In the event of compensation paid by Akaala, the Customer assigns to Akaala all rights of recourse against responsible third parties.

The Customer undertakes to fully cooperate in any legal or extrajudicial actions.

9. DANGEROUS GOODS

The Customer must declare in advance any Dangerous Goods and provide adequate documentation.

Failure to provide this information shall make the Customer fully liable for any resulting damages or losses.

10. APPLICABLE LAW AND JURISDICTION

These Terms shall be governed by the legislation applicable to the place of issuance of the contract or as stipulated in the transport document.

Any dispute shall be submitted to the competent forum contractually defined.

11. FINAL PROVISIONS

The possible invalidity of any clause shall not affect the validity of the remaining provisions.

Akaala reserves the right to update these Terms whenever necessary.