REMUNERATION POLICIES & PROCEDURES
1. The Customer holds the right to file a claim for 120 days from the date of shipment.
2. The Consignor shall hold the right of remuneration.
3. If the Consignor wishes to waive his right to remuneration to the Consignee, he shall do so through a Power of Attorney.
4. Remuneration shall be in accordance with the Communications and Information Technology Commission regulations. The Consignor is obliged to provide the documents necessary for remuneration, such as:
*. Original Invoice with product value
*. Copy of Waybill.
*. Bank account
NYAZIK LOGISTICS will not provide any kind of remuneration in case none of the above documents are provided.
5. In case of damage, the Consignee has the right to prove damage within 24 hours of receipt and attach photos proving the condition of the damaged shipment. In case the agreed upon period elapsed, NYAZIK LOGISTICS may not accept the complaint.
6. In case of delay of delivery on the agreed period, the customer shall be compensated by the value of the shipment, except for cases of delay resulting due to reasons beyond control or emergency or force majeure.
The consequences of breach of obligations by carrier or beneficiary
1. NYAZIK LOGISTICS Company shall be responsible for the loss resulting from the damage or loss of the parcels as well as for the delay in delivery, if the incident that caused the damage, loss or delay in delivery occurred at the time when the parcels were in the custody of NYAZIK LOGISTICS , unless it is proved that no error or negligence has been caused by NYAZIK LOGISTICS or any of its employees or agents caused or contributed to the delay in delivery, loss or damage of the parcels. NYAZIK LOGISTICS may be exempted from liability if it is proved that the delay in delivery or damage of the goods in whole or in part is due to an error caused by the consignor or consignee or their agents or representatives, or due to force majeure, or to an underlying or hidden defect in the goods. NYAZIK LOGISTICS shall also be exempted from liability if there is a lack of volume or weight due to the nature of the goods such as drought or maturity, or for any other reason beyond the NYAZIK LOGISTICS’ s control which prevents it from implementing the terms of the contract of carriage.
2. NYAZIK LOGISTICS shall not be liable for the delay in delivery, damage or loss of the goods if this results from the consignor submitting false data or information about the nature of the goods in the contract of carriage or the waybill and the consignor shall bear all losses and damages if he/she does not submit sufficient documents, data or information or non-conformity with reality.
3. NYAZIK LOGISTICS shall not be responsible for any loss of volume or weight caused by the nature of the goods during carriage, provided that such loss shall not exceed the percentage prescribed in accordance with the general rules adopted in the carriage of such goods. If the goods are divided into groups or packages and the weight of each is indicated in the document, the allowable deficiency is determined on the basis of the weight of each group or the individual package.
4. NYAZIK LOGISTICS shall be responsible to collect the amounts stipulated by the parties (NYAZIK LOGISTICS and the consignor) under the contract of carriage from the consignee for the consignor’s account upon delivery. If the goods are delivered and payment has not been made, NYAZIK LOGISTICS shall commit to pay such amounts to the consignor without prejudice to its right to go back on the consignee.
5. NYAZIK LOGISTICS shall be fully liable for the parcels contents and shall be responsible for any consequences arising therefrom.
6. If it is necessary for NYAZIK LOGISTICS to examine the parcels upon receipt and in the presence of the consignor or his representative in order to verify the contents and require the unpacking or opening of containers, NYAZIK LOGISTICS must return the casings and containers to its original condition, and NYAZIK LOGISTICS has the right to account the consignor or consignee for the value of what was spent as appropriate and in accordance with prevailing costs.
7. The consignor shall be liable for any damage caused to NYAZIK LOGISTICS if it is proved that such damage was caused by error, negligence or default by the consignor, his employees or agents.
8. If the nature of the goods to be carried requires special preparation for carriage, the consignor shall do so in a manner that protects them from destruction or damage and does not expose the persons or objects carried with them to damage. The consignor shall be liable for damages arising as a result of breach of this obligation. NYAZIK LOGISTICS shall be liable for the breach of this obligation if it was aware that the consignor has not fulfilled or has neglected the special preparation and has carried out the carriage.
9. The consignor may request from NYAZIK LOGISTICS after receiving the goods to seize the carriage and return it to him, or to forward it to another person other than the consignee or to a place other than the place agreed upon in the waybill, or any other instructions as long as the goods are in the possession of the company and provided that the consignor pays for what has been carried, the resulting expenses and compensate for the damage caused to NYAZIK LOGISTICS due to the implementation of the new instructions in the following cases:
* - If the original copy of the consignor’s waybill is not delivered stating such instructions with his warranty and signature to pay the additional expenses incurred and to compensate for the damages that may result from its implementation.
* -If it contradicts with other NYAZIK LOGISTICS obligations and adversely affects the conduct of its business, NYAZIK LOGISTICS shall notify the consignor or consignee immediately after receiving the instructions and record such abstention on the copy of the waybill, otherwise it shall be liable for the losses and damages resulting therefrom.
10. Upon arrival of the parcels and goods at its destination, the consignee must accept the receipt of the goods and has the right to verify the safety of the goods. If the company refuses to allow him to do so, he may refuse to accept the goods.
11. When the consignee receives the parcels without reservation, his right of recourse against the company due to partial damage or destruction shall be forfeited, unless the consignee proves the status of the goods within thirty days from the date of delivery and the status of the goods shall be proved by specialists from the concerned government authority or by an expert appointed by the competent court.
12. When the consignee receives the goods or the packages without reservation, the right of recourse against the company due to delay in arrival shall be forfeited unless the reservation is sent to the company within (14) days from the date of delivery.
13. Notwithstanding any contrary agreement, if the consignee is responsible for payment of the carriage, the company shall have the right to seize the goods until payment of the carriage, storage of the goods, delay penalty, seizure compensation and all other costs incurred by the company in respect of the goods and any compensation due to the carrier under the waybill.
Rules and Procedures for Undelivered Materials
1. Notifying the customer and stating in the service contract that the period of existence of the shipment in its final destination is 14 business days. Additional amounts such as storage charges, transport fees, and delivery fees (if requested by the customer) will be charged after 14 business days.
2. Communicate with the customer to choose between receiving the shipment through the branch or through delivery (with clarification of the total fees of the invoice including transport and delivery fee etc.)
3. In case of non-response by the recipient after the lapse of the said period, the consignor shall be communicated to return the shipments to him along with transport fees and in addition to providing delivery services.
4. In case the sending or receiving customer does not respond, the customer service staff opens a TICKET with the shipment’s status on the system. This TICKET is sent to the Operations Department to update the status on the system.
5. A new waybill shall be made with a new number for shipments destined for the abandoned cargo storage. The previous waybill number shall be the reference number for the new waybill.
6. The value of transport, storage and delivery allowance shall be added to the new waybill in addition to any additional fees in the old waybill, if any.
7. In case more than one month has elapsed since the shipment reached its final destination and has not been requested by any party, neither the sender nor the recipient, the company may dispose of the shipment as follows:
* - Sell and retain the value of the goods for those entitled to dispose them, along with deducting any expenses incurred by the carrier or any amounts due to any governmental entity.
* - Requesting the competent court to prove the condition of the goods and authorizing the company to appoint a judicial guard for the sender's account and at his responsibility.
* - Unloading the goods in any suitable place or unload them in case they are packed in containers according to the circumstances and nature of the goods.
* - Disposal of the goods as the carrier deems necessary and within reasonable measures.
Rules and Procedures for Return Shipment
1. In case that the customer requests to return the shipment: the return shipping fee is the same as the shipping fee that the customer paid before shipping his shipment.
2. Modification in the address of the receiver: If the request is modification in the same city, the request is free of charge, and if there is a change in the destination/city, in this case, it will be like a new shipment and the sender must visit the nearest branch of the NYAZIK LOGISTICS to pay the modification fee of the address change.