1 | DEFINITIONS

(1.1) “Shipment” means all pieces that are tendered to and accepted by Skylink Distribution (Private) Limited on a single bill of lading.
(1.2) “Shipper” means any party that tendered the Shipment, has an interest in the Shipment, or that contacts Skylink network or otherwise requests transportation (including anyone that acts as an agent for any of the above).
(1.3) “Conveyance” means any steamer, vessel, barge, aircraft, truck, trailer, or rail car, or any connecting conveyance while in the ordinary course of transit by land, sea, or air.

2 | AGREEMENT TO TERMS

(2.1) Skylink network’s services are limited to arranging transportation with underlying carriers, but not actually performing such transportation.
(2.2) Shipper acknowledges and agrees that transportation will be performed via carriers that may place limitations or conditions on Shipper’s right to recover for loss or damage to Shipments, that Skylink network is authorized to arrange for transportation on such terms, and that Shipper is bound by such limitations.
(2.3) In tendering or accepting any Shipment governed by these Terms and Conditions, Shipper agrees to all the terms set forth herein, as amended by Skylink network from time to time.
(2.4) Except to the extent of any written contract signed by both Shipper and an officer of Skylink network expressly superseding these Terms and Conditions, these Terms and Conditions supersede and negate any claimed, alleged, or asserted oral or written contract, promise, representation, or understanding between the parties with respect to this Shipment.
(2.5) As between Shipper and Skylink network, these Terms and Conditions shall supersede any rules and regulations contained on the shipping document on which the freight was tendered.
(2.6) The Customer agrees to these TERMS AND CONDITIONS, which no agent or employee of the parties may change, alter or in any way transform. These TERMS AND CONDITIONS shall apply to all shipments by Customer.
(2.7) Skylink network reserves the right to alter or amend these TERMS AND CONDITIONS. If not stated within the carrier's General Rules Tariff, the following TERMS AND CONDITIONS shall control.
(2.8) In the case of conflict between the TERMS AND CONDITIONS contained herein and those set forth by the individual selected carrier's General Rules Tariff, the selected carrier's General Rules Tariff shall control; however, under no circumstances shall the scope of Skylink network’s liability be greater than specified in these TERMS AND CONDITIONS.
(2.9) All Terms, including, but not limited to, all the limitations of liability, shall apply to the selected carrier and their agents and contracted carriers.

3 | SHIPMENT DETAIL, PACKAGING, AND OTHER REQUIREMENTS

(3.1) Shipper shall comply with all applicable laws, rules and regulations, including those relating to the packing, carriage or delivery of the cargo, and shall furnish such information as may be necessary to comply with such laws and regulations.
(3.2) Shipper shall likewise ensure that all goods tendered are properly packaged to withstand the rigors of transportation via highway transport.
(3.3) Skylink network may in its sole discretion, but is not obligated and shall have no liability for failure to, repackage any goods which, in Skylink network’s sole discretion, are improperly packaged.
(3.4) Shipper will be responsible for all costs associated with such repackaging. Except as otherwise set forth herein with respect to claims for loss or damage for which Skylink network is liable, in no event will Skylink network be responsible for the consequences or effects arising from or related to any such repackaging including, but not limited to, loss, damage, or delay.
(3.5) Shipper certifies and represents to Skylink network that Shipper is authorized to tender the Shipment for transportation and all information regarding the Shipment provided to Skylink network is complete and accurate.
(3.6) Shipper warrants and certifies, with respect to each package in this Shipment, that the contents of this consignment are fully and accurately described by the proper shipping name, and are classified, packaged, marked, and labeled/placarded, and are in all respects in proper condition for transport according to applicable international and national governmental regulations.
(3.7) Shipper authorizes Skylink network to include any such information on the bill of lading and hereby agrees to defend, indemnify and hold harmless Skylink network from any and all direct and indirect claims, liabilities, losses, damages, fines or penalties arising from or related to Skylink network’s inclusion of any information provided by the Shipper on any air waybill or other shipping document.
(3.8) For articles shipped in unenclosed containers, Skylink network shall not be liable for damage/loss unless mishandling and/or loss is evident and is so noted on the delivery receipt at time of delivery.

4 | RIGHT TO REJECT

(4.1) Skylink network reserves the right to reject any Shipment for any reason whatsoever, including but not limited to, safety or security concerns.

5 | HAZARDOUS MATERIALS/DANGEROUS GOODS

(5.1) Shipper warrants and represents that the Shipment does not include any explosive, incendiary or other device, substance or weapon which may endanger life or the safety of any vehicle or other transport conveyance used in connection with the transportation of the Shipment.
(5.2) Shipper shall limit all packages containing hazardous materials/dangerous goods to the materials and quantities authorized for air transportation.
(5.3) Shipper shall ensure that each Shipment hazardous materials or dangerous goods are accompanied by accurate and complete shipping papers.
(5.4) Shipper shall also ensure, and Shipper hereby certifies, that, before tendering any Shipment containing hazardous materials/dangerous goods to Skylink network
(a) the contents of the consignment are fully and accurately described on the shipping papers by proper shipping name; are
(b) not prohibited for transport via ground by the HM/DG Regulations; and
(c) are properly classified, packaged, marked, and labeled, and
(d) in proper condition for carriage by air as required by the HM/DG Regulations.
This Paragraph shall apply regardless of the routing or transportation mode by which the Shipment is transported. Skylink network reserves the right to reject any Shipment containing any known or suspected hazardous materials/dangerous goods. The laws which regulate HM/DG are:
(I) Dangerous Cargoes Act, 1953: This act is applicable throughout Pakistan and plays a pivotal role in regulating the handling and transportation of hazardous materials and dangerous goods. Provisions in the contract should align with this act to ensure full compliance with national regulations.
(II) OGRA (Oil and Gas Regulatory Authority): OGRA serves as the regulatory authority responsible for overseeing all aspects of the oil and gas industry across Pakistan. It plays a critical role in maintaining the highest international standards for activities related to hazardous materials and dangerous goods.

6 | LIABILITY

(6.1) Skylink network shall be liable for cargo loss or damage, including cargo loss or damage due to unreasonable delay, for any Shipment subject to these Terms and Conditions solely to the extent directly and proximately caused by its negligence or willful misconduct.
(6.2) Skylink network’s sole liability arising from or related to cargo loss or damage, including delay, shall be as set forth in these Terms and Conditions and in no event shall Skylink network be liable to any Shipper or any other party with an interest in the Shipment except pursuant to these Terms and Conditions.

7 | LIABILITIES NOT ASSUMED

(7.1) Skylink network shall not be liable for any damages not expressly accepted herein nor for any special, incidental or consequential damages, including but not limited to loss of profits, income, interest, utility, loss of market, or the effects of business interruption, whether or not Skylink network knew or had reason to know that such damages might be incurred.
(7.2) While Skylink network agrees to make reasonable efforts to ensure completion of the carriage hereunder with reasonable dispatch, Skylink network does not undertake to arrange for transportation in accordance with any set schedule or timeframe and shall not be liable for failure to do so.

8 | DECLARED VALUE AND LIMITATION OF LIABILITY

(8.1) Skylink network’s liability, regardless of any actual or alleged negligence or willful misconduct and for air transportation, ground transportation (including over the entire route), storage, and other handling, for any loss, damage or delay to the Shipment is limited to the greater of:
(i) SDR 8.33 i.e. Rs. 3,050.2978/- (Rupees Three Thousand and Fifty Only) per shipment
Subject to a maximum liability of Rs. 69,637/- (Rupees Sixty-Nine Thousand Six Hundred and Thirty Seven) per Shipment
In no event will Skylink network’s liability exceed Shipper’s actual cost to repair or replace the Shipment or that portion of the Shipment that is lost or damaged in the event the entire Shipment is not lost or damaged. Skylink network’s liability for loss, damage or delay shall not exceed the Shipment’s repair cost, depreciated value or replacement cost, whichever is less.

9 | CLAIMS

The following provisions shall apply to all claims for loss, damage, or delay.
(9.1) A claim for loss or damage must be filed with Skylink network in writing within sixty (60) days after the delivery the Shipment or, if no delivery, within sixty (60) days of the date delivery should have occurred.
(9.2) The claim shall include complete consignor and consignee information, the Shipment tracking number, the date of the Shipment, and be for a sum certain amount.
(9.3) Failure to provide Skylink network with notice in the manner and within the time limits set forth herein shall result in the claim being denied.
(9.4) Skylink network is not obligated to act on any claim until all transportation charges have been paid.
(9.5) The claim amount may not be deducted from these charges or from any outstanding balance owed to Skylink network without the prior written approval of Skylink network.
(9.6) All of the original shipping containers, packing, packages, and contents shall be available for Skylink network’s inspection and retained until the claim is resolved. Except as otherwise provided for herein, receipt of the Shipment by the consignee without written notice of damage on the delivery receipt shall be considered to be prima facie evidence that the Shipment was delivered in good condition.
(9.7) Under no circumstances shall Skylink network be liable for loss, damage, or delay to the external shipping containers used in the transportation of the Shipment.
(9.8) Any lawsuit to enforce a claim shall be brought against Skylink network within two (2) years from the date of delivery of the Shipment or, if no delivery, from the date on which the Shipment should have been delivered.
(9.9) The failure of Shipper to comply with the notice provisions specified herein shall be an absolute bar to any such lawsuit filed against or liability of, Skylink network.
(9.10) Shipper is solely responsible for complying with any claim filing limitations imposed by the underlying carrier, or any limitations applicable to initiation of a legal action.
(9.11) Skylink network may, in its sole discretion, facilitate claim filing with the underlying carrier, but in no event will Skylink network have any liability arising from or related to late filing of claims with any such carrier.

10 | NON-DELIVERY

(10.1) In the event of the failure or inability of the consignee to take delivery of the Shipment, Skylink network shall notify Shipper in writing at the address shown on the shipping document and request disposition instructions, and then may store the goods in a public warehouse in which event the storage charges by such warehouse shall apply.
(10.2) Goods which remain unclaimed for a period of thirty (30) days from the date of notice to Shipper may be sold by Skylink network at public or private sales and the proceeds of such sale may be applied against any outstanding freight charges, advances or charges of any kind which are due.
(10.3) Any balance remaining after payment of such charges shall be remitted to Shipper, the consignee, or owner. However, Shipper, consignee, and owner shall remain jointly and severally liable to Skylink network for any deficiency should the proceeds of such sales be insufficient to offset all charges due Skylink network with respect to the goods.
(10.4) Shipper and consignee agree jointly and severally to indemnify Skylink network and to hold Skylink network harmless against all loss and expense, including attorney’s fees of whatever nature brought by any other owner or other person having an interest in the goods sold under this provision.

11 | FORCE MAJEURE

Skylink network shall not be liable for failure to perform, loss, damage, delay or monetary loss of any type caused by:

• Acts of God;
• public authorities acting with actual or apparent authority;
• strikes;
• labor disputes;
• weather;
• mechanical failures;
• aircraft failures;
• civil commotions;
• acts or omissions of customs or quarantine officials;
• the nature and inherent vice of the freight or any defects thereof;
• public enemies;
• hazards incident to a state of war;
• acts of terrorism;
• any other matters beyond Skylink network’s reasonable control, or by acts, defaults or omissions of Shipper or consignee for failure to observe these Terms and Conditions, including but not limited to improper packaging, classifying, marking, labeling, incomplete/inaccurate shipping instructions, and failure to observe the rules relating to freight not acceptable for transportation or to freight acceptable only under certain conditions outlined below.

12 | DIMENSIONS

Rates and charges for this Shipment shall be based on actual or dimensional weight, whichever is greater.

13 | RATES

(13.1) Less Than a Truck Load (“LTL”) rates are contingent upon the freight class classification set forth in the National Freight and Logistics Policy established by the Ministry of Communications, Government of Pakistan.
(13.2) These rates are subject to oversight and adjustment by the National Transport Research Centre (NTRC), contingent upon the weight of the transported goods.
(13.3) Truck Load (“TL”) rates are based on Dock Door Pickup/Dock Door Delivery and Shipper Load/Consignee Unload and are state to state and mileage based.
(13.4) Additional charges may apply for charges including but not limited to, Tractor Detention, Trailer Detention, and Driver Assistance, and Layover.
(13.5) Air Freight rates are based on the greater of actual or dimensional weight. If an Air Freight shipment contains oversize freight, additional charges and transit days may apply.
(13.6) Van Line rates are driven by state to state/mileage, weight (actual or density) and commodity/product type.
(13.7) Flatbed rates are based on equipment type, state to state/mileage and weight. If a flatbed shipment contains oversize freight, additional charges and transit days may apply.
(13.8) All displayed transit times are estimates only and do not include day of pickup. Pickup dates are not guaranteed.

14 | C.O.D. SERVICE

(14.1) The parties hereby acknowledge and agree that the transportation service provided under this contract does not include a Collect on Delivery (C.O.D.) service. C.O.D. service, which typically involves the collection of payment for goods upon delivery, is expressly excluded from the scope of this contract.
(14.2) This means that the carrier shall not be responsible for collecting or facilitating any payments, whether in the form of cash, checks, or any other payment methods, on behalf of the shipper or consignee. It is the sole responsibility of the shipper and consignee to settle any payment arrangements independently and directly with each other, entirely separate from the services provided by the carrier.
(14.3) The carrier shall not assume any liability, responsibility, or involvement in the collection, management, or disbursement of funds related to the shipped goods. All financial transactions and agreements regarding payment are to be solely between the shipper and the consignee.

15 | ROUTING, MEANS OF TRANSPORTATION AND CARGO LIABILITY LIMITATIONS

(15.1) Skylink network shall have the right to, in its sole discretion, determine the mode or modes of transport, select the underlying carriers and routing, and arrange for transport on any terms whatsoever.
(15.2) Skylink network may, in its sole discretion, arrange for transportation via rail directly with rail carriers or indirectly with third party intermodal marketing companies (rail carriers and intermodal marketing companies will be referred to herein as “Rail Providers”).
(15.3) In the event a Rail Provider is used to perform any portion of the underlying transportation, Shipper acknowledges and agrees that the Rail Provider services, including, but not limited to, liability for loss or damage to cargo, and terms and conditions of services are governed by tariffs, circulars or similar documents maintained by the Rail Provider (the “Rail Conditions”) and Shipper is bound by and will comply with the Rail Conditions.
(15.4) Shipper shall be solely responsible for proper packing, blocking and bracing of all cargo in accordance with the Rail Conditions, and shall further be responsible for compliance with any and all obligations or charges imposed by the Rail Provider with respect to tender of cargo for rail and/or intermodal transportation, including any and all obligations set forth in the Rail Conditions.
(15.5) Shipper shall indemnify and hold Skylink network and its officers, directors and employees harmless from and against any and all liabilities, damages, fines, penalties, costs, claims, interest and expenses (including cost of defense, settlement and reasonable attorney fees), arising from or related to Shipper’s failure to comply with, or breach of, the Rail Conditions.

16 | INSPECTIONS

(16.1) Skylink network is not obligated to open and inspect the contents of any Shipment.
(16.2) Skylink network shall have the right to refuse any article, the transportation of which is prohibited by applicable law, rules, orders or regulations, or the transportation of which, in Skylink network’s judgment, would be unsafe.
(16.3) If such Shipment should be accepted or transported, Skylink network reserves the right to remove it and, if necessary, to abandon it.
(16.4) Where circumstances permit, such Shipment shall be stored at Shipper’s expense pending receipt of disposition instructions from Shipper.

17 | RATES AND CHARGES

(17.1) Upon Shipper’s request, rates may be confirmed via a Quote Confirmation form provided by Skylink network to Shipper.
(17.2) Shipper shall also be responsible for additional charges for services that were not anticipated by or which were not otherwise included in the rate quoted by Skylink network to Shipper, including, but not limited to, accessorial charges for wait time, loading and unloading, cancellation fees, diversion, stop-off in-transit, border crossing fees, etc.
(17.3) Regardless of whether the rate is confirmed via Quote Confirmation form, the Shipper and the consignee shall be liable jointly and severally for all unpaid charges payable on account of the Shipment and to pay or indemnify Skylink network from claims, fines, penalties, damages, costs (storage, handling, re-consignment, return of freight to Shipper, etc.) or other sums which may be incurred by Skylink network by reason of any violation of this contract or any other default of Shipper or consignee or their agents.
(17.4) All charges are due without offset within thirty (30) days of Skylink network’s invoice.
(17.5) All invoices not paid within 30 days of invoice date shall be subject to a charge of one and one-half percent (1-1/2%) per month, together with all collection costs incurred by Skylink network, including attorney fees.
(17.6) Claims for overcharges or duplicative payments shall be made in writing and are extinguished unless received by Skylink network within one (1) year after the date of acceptance of the shipment by Skylink network.

18 | LIEN

(18.1) Skylink network shall have a lien on any and all documents and Shipments of Shipper under Skylink network’s actual or constructive possession or control for monies owed to Skylink network with regard to the Shipment on which the lien is claimed, prior Shipment(s) or both.
(18.2) In the event Skylink network exercises its lien it shall notify Shipper of the exact amount of monies due and owing by Shipper.
(18.3) Skylink network shall also notify Shipper of all storage and continuing charges accruing on Shipments subject to Skylink network’s lien.
(18.4) Skylink network may refuse to surrender possession of the Shipment(s) until such charges are paid.
(18.5) Skylink network shall release its lien upon receipt of payment by Shipper of the total amount due.
(18.6) In the event Shipper does not satisfy Skylink network’s lien within fifteen (15) days of Skylink network’s exercise of the lien, Skylink network shall have the right, but not the obligation, to sell such Shipment(s) at public or private sale or auction without further notice to Shipper.

19 | SHIPPER’S INDEMNITIES

(19.1) Shipper and consignee shall defend, indemnify and hold Skylink network and its agents, employees, representatives and contractors harmless for any claim, allegation, loss, penalty, fine or any other monetary losses which are a result of:
(a) negligence or other wrongful conduct of Shipper, or its employees, agents, representatives or contractors;
(b) breach of these Terms and Conditions by Shipper, or its employees, agents, representatives or contractors;
(c) any claim for loss, damage or delay to cargo in excess of Skylink network’s limit of liability as set forth herein;
(d) Skylink network’s compliance with instructions provided by or on behalf of Shipper, or Skylink network’s reliance on information provided by or on behalf of Shipper; or
(e) any auxiliary services including but not limited to local cartage, crating, uncrating, packing, and unpacking which are requested by Shipper or consignee and arranged by Skylink network as a customer service unless such services are actually performed by Skylink network or its agents.

20 | WARRANTIES

(20.1) The Customer is responsible for and warrants their compliance with all applicable laws, rules, and regulations including but not limited to customs laws, import and export laws and governmental regulation of any country to, from, through or over which the shipment may be carried.
(20.2) The Customer agrees to furnish such information and complete and attach to the Bill of Lading such documents as are necessary to comply with such laws, rules and regulations.
(20.3) Skylink network assumes no liability to the Customer or to any other person for any loss or expense due to the failure of the Customer to comply with this provision.
(20.4) Any individual or entity acting on behalf of the Customer in scheduling shipments hereunder warrants that it has the right to act on behalf of the Customer and the right to legally bind Customer.

21 | BILLS OF LADING

(21.1) All Bills of Lading are NON-NEGOTIABLE and have been prepared by the enrolled Customer or by Skylink network on behalf of the Customer and shall be deemed, conclusively, to have been prepared by the Customer.
(21.2) Any unauthorized alteration or use of Bills of Lading or tendering of shipments to any carrier other than that designated by Skylink network, or the use of any Bill of Lading not authorized or issued by Skylink network shall VOID Skylink network 's obligations to make any payments relating to this shipment and VOID all rate quotes.
(21.3) If the Customer does not complete all the documents required for carriage, or if the documents which they submit are not appropriate for the services, pick up or destination requested, the Customer hereby instructs Skylink network, where permitted by law, to complete, correct or replace the documents for them at the expense of the Customer. However, Skylink network is not obligated to do so.
(21.4) If a substitute form of Bill of Lading is needed to complete delivery of this shipment and Skylink network completes that document, the terms of this Bill of Lading will govern. Skylink network is not liable to the Customer or to any other person for any actions taken on behalf of the Customer under this provision.

22 | DISPUTE RESOLUTION AND GOVERNING LAW

(22.1) These Terms and Conditions and the services provided by Skylink network shall be governed by and subject to the applicable laws of Islamic Republic of Pakistan.
(22.2) Shipper and Skylink network agree that any claim or dispute arising from or in connection with this agreement, whether under federal, local, or foreign statutes, regulations, or common law, shall be brought exclusively in the state or federal courts serving in Karachi.
(22.3) Shipper and Skylink network hereby consent to the jurisdiction of such courts.
(22.4) In the event Shipper files an action against Skylink network, Shipper hereby consents to any Skylink network -instituted transfer of such action to any other venue in which Skylink network is a party or subsequently becomes a party to an action concerning loss, damage or delay to the cargo that is the subject of Shipper’s action.
(22.5) Should Skylink network successfully defend itself or any legal actions brought by any party with an interest in this Shipment, Skylink network shall be entitled to reasonable attorney fees and costs.