NAVLUNGO CARRIER AGREEMENT
PARTIES AND DEFINITIONS
1.1. INTERMEDIARY / SERVICE PROVIDER (hereinafter referred to as “Navlungo”)
Company Name: Navlungo Lojistik ve Teknoloji Anonim Şirketi (“Navlungo”)
Address: 15 Temmuz Mahallesi, Gülbahar Caddesi, 1500. Sokak No:16, Güneşli-Bağcılar/İstanbul
Telephone: 0850 532 79 49
Email: info@navlungo.com
SENDER / MEMBER (hereinafter referred to as the “Member” or “Sender”)
Full Name:
Address:
Telephone:
Email:
“Contracted Carriers” refers to the contracted transportation companies that carry users’ shipments and deliver them to the requested destination for the purpose of providing Navlungo Services.
“Sender/User” refers to the website user/member who makes an international shipment by using Navlungo services.
“Waybill” refers to the transportation document issued by Navlungo’s Contracted Carriers containing the sender’s and recipient’s address details and other shipment information. The Waybill is created based on the information provided by the Sender.
“Commercial Invoice” refers to the commercial invoice completed by the Sender, on which the Sender declares all details regarding the contents of the shipment. This document is submitted to the customs authorities of the destination country.NAVLUNGO SERVICE FLOW
2.1. In circumstances that may arise in connection with shipments reaching the Navlungo warehouse, the rights and obligations of the Parties shall be determined in accordance with the provisions of the Turkish Commercial Code applicable to domestic transportation.
2.2. Senders accept, represent and undertake that all information entered on the Platform shall be complete and accurate.
2.3. Based on the information entered by Senders through navlungo.com, Navlungo displays estimated shipment charges to users. These charges are estimates only. Final charges shall be determined after the shipments arrive at the Navlungo warehouse. Additional charges may arise following measurements performed on the shipment. The Sender accepts, represents and undertakes to pay all such additional charges.
2.4. The Sender accepts that, after the shipment arrives at the warehouse, an additional charge may be added to the shipment freight amount for each package exceeding the dimensional limits, in accordance with the information provided in the description of the relevant shipment.
2.5. Senders accept, represent and undertake that Navlungo does not independently provide cargo transportation services, but acts solely as an intermediary by selecting, among its Contracted Carriers, the carrier capable of providing the most appropriate transportation service and by facilitating delivery of the shipment to such Contracted Carrier.
2.6. Senders acknowledge that, for shipments created by them through navlungo.com, international transportation rules and the practices of Contracted Carriers are independent of Navlungo and that such rules and practices shall also apply to their shipments.
2.7. Products sent to or collected by the Navlungo warehouse may be dispatched internationally without obtaining a second approval. This shall be at Navlungo’s discretion.
2.8. Address changes made through navlungo.com for the same shipment may not be possible once the shipment has reached the warehouse, and transportation of the shipment may not be capable of being stopped.
2.9. Address Changes: Charges arising from address changes caused by an error of the Sender or requested by the Sender shall be invoiced separately to the Sender.
2.10. Navlungo shall not be liable for any damage or loss arising from deliveries made to the doorstep.
2.11. Documentation and Packaging: Navlungo shall not be liable for damage resulting from packaging used by the Sender or defects in such packaging.
2.12. The Parties accept and acknowledge that the shipment return process is not under Navlungo’s responsibility.
2.13. Where ETGB requests are submitted through the relevant Navlungo email address, the relevant information shall be provided to the Sender once it has been transmitted to Navlungo by the carrier.
2.14. The invoice relating to transportation arranged by Navlungo shall be issued and delivered to the Sender within seven (7) days.TERM OF THE AGREEMENT
This Agreement shall become effective between the Parties on the date on which users approve it electronically through the Platform and/or physically sign the Agreement and shall remain in effect until either Party gives notice of termination.
Any quotation provided by Navlungo shall remain valid for three (3) days.INSPECTION OF SHIPMENTS
4.1. Navlungo may open, routinely check and inspect any shipment upon the request of competent authorities or, to the extent permitted by applicable legislation, at Navlungo’s discretion.
4.2. Under applicable legislation, Navlungo may be required to perform various screenings and inspections of shipments.PROHIBITED SHIPMENTS
5.1. Unless expressly accepted otherwise by Navlungo and its Contracted Carriers, the following items are prohibited from shipment to any destination, and the Sender agrees not to send such items.
a. Firearms, weapons, ammunition and their parts;
b. 3-D printing machines designed or exclusively intended for manufacturing firearms;
c. Explosives, fireworks and other combustible or flammable substances;
d. Shipments resembling bombs, grenades or other explosive devices;
e. Military shipments originating from countries where an export control licence is required;
f. Human remains, human organs or body parts;
g. Live animals, including insects and pets;
h. Animal carcasses, dead animals or taxidermied animals;
i. Plants and plant materials;
j. Perishable food, foodstuffs and beverages requiring refrigeration or other environmental controls;
k. Pornographic and obscene materials;
l. Cash and cash equivalents;
m. Hazardous waste or other medical, biological and industrial waste;
n. Wet ice;
o. Counterfeit goods;
p. Marijuana, CBD, THC and synthetic cannabinoids;
q. Raw or unprocessed hemp plants or parts thereof;
r. Tobacco and tobacco products;
s. Electronic cigarettes and their component parts;
t. Ocean bills of lading.
5.2. Navlungo and its Contracted Carriers prohibit the following types of shipments to all destinations, and the Sender agrees not to send them.
5.3. Navlungo disclaims all liability for Prohibited Shipments regardless of how they were accepted.
5.4. Contractual Penalty: If the Sender breaches its obligations relating to prohibited shipments under this Article 5, the Sender shall pay Navlungo the applicable contractual penalty.RULES REGARDING LIABILITY
6.1. Rules regarding liability are established under the Warsaw Convention, Montreal Convention and CMR Convention.
6.2. Navlungo users acknowledge that the transportation rules stated on the Waybill issued by Navlungo and the practices of Contracted Carriers are independent of Navlungo and shall also apply to their shipments.
6.3. Warsaw, Montreal and CMR Conventions: Where applicable to the relevant transportation, the Warsaw Convention, Montreal Convention or CMR Convention shall apply.
6.4. Shipments that are denied entry into the destination country under local customs procedures shall either be abandoned to customs for destruction or returned to the Sender.
6.5. Where the Sender requests cancellation of a shipment, cancellation may no longer be possible if transportation has already commenced.
6.6. The Sender shall identify whether a shipment is a sample shipment or an export shipment and shall declare this information on the proforma invoice.
6.7. Where the Sender selects Delivered Duty Unpaid (DDU), the Sender shall be responsible for all taxes arising at customs in the destination country.
6.8. Delivery times displayed on Navlungo’s website platform and/or mobile applications are estimates only.
6.9. The Sender accepts, represents and undertakes not to deliver any prohibited shipment to Navlungo.
6.10. Navlungo’s liability shall commence only when the shipment reaches the Navlungo warehouse and is accepted by Navlungo.
6.11. Navlungo’s obligations are limited to facilitating transportation through a platform.
6.12. All expenses arising from transportation shall be borne by the Sender.
6.13. The provisions set out in Articles 6.11 and 6.12 are binding upon the Sender.TERMINATION OF THE AGREEMENT
7.1. Navlungo may terminate the Agreement at any time by providing ten (10) days’ prior written notice.
7.2. If either Party breaches its obligations, each Party reserves the right to terminate the Agreement.
7.3. The Contractor may terminate this Agreement unilaterally by providing ten (10) days’ prior written notice.
7.4. Navlungo shall have the right to terminate the Agreement immediately under the circumstances specified herein.FORCE MAJEURE
8.1. Where performance of the Parties’ obligations becomes impossible due to force majeure, the Parties shall have no claims against each other other than obligations arising from the portion of the Agreement already performed.
8.2. Events beyond the Parties’ control, including governmental decisions, earthquakes, fires, floods, war, embargoes, blockades, uprisings, general strikes and acts of terrorism, shall constitute force majeure.
8.3. A Party unable to perform its obligations due to force majeure shall notify the other Party within three (3) days.
8.4. If the force majeure event continues for more than fifteen (15) days, either Party may terminate this Agreement without compensation.WAIVER
9.1. Waiver of any provision of this Agreement shall not invalidate the Agreement as a whole.
9.2. If any provision conflicts with applicable legislation or is declared invalid, the remainder of the Agreement shall remain fully valid and effective.EVIDENCE AGREEMENT AND RESOLUTION OF DISPUTES
10.1. The Warsaw Convention, Montreal Convention and CMR Convention, together with the Turkish Commercial Code and applicable Turkish law, shall apply.
10.2. Emails, telephone conversation records, SMS notifications and the Parties’ commercial books and records shall constitute evidence.
10.3. The courts and enforcement offices of Istanbul (Çağlayan) shall have exclusive jurisdiction.
INTERMEDIARY | SENDER / MEMBER
Navlungo Lojistik ve Teknoloji Anonim Şirketi