Transport agreement

1. Subject of the agreement.

1.1 This agreement governs the relationship between the Parties when the Contractor organises transport of the Client’s consolidated cargo, hereinafter the “cargo”.

2. Obligations of the Contractor.

2.1. At the Client’s instruction, for remuneration, in its own name and at the Client’s expense, the Contractor undertakes to organise the services specified in this agreement relating to the transport, storage and delivery of the Client’s cargo.

2.2. Enter into contracts with carriers and other contracts needed to perform this agreement, including contracts for insurance of the Client’s cargo, in its own name, in the Client’s interests and at the Client’s expense.

2.3. Make all payments in its own name to carriers and other organisations and persons required for performance of this agreement, subsequently charging these expenses to the Client.

2.4. Agree the route, transport method and delivery times with the Client on the basis of the cargo information provided by the Client.

2.5. The Contractor accepts cargo by number of packages, weight, volume and packaging condition; information and observations are recorded at acceptance. Internal properties and functionality are checked by separate agreement. If packaging defects are identified, the Contractor informs the Client and agrees additional packaging and its cost, or refuses acceptance. Liability is determined by Section 7, rather than by the mere fact that the Client packed the cargo.

2.6. On the Client’s separate written instruction, the Contractor agrees arrangements for insurance through an insurance company, including the policy terms and cost. Extended liability under this agreement is not such a policy; the absence of separate insurance does not cancel the Contractor’s obligations under Section 7.

2.7. The Contractor determines the cargo weight and volume allowing for the error of the measurement tools and methods used, but not exceeding 10–15%.

2.8. At the Client’s request, the Contractor organises delivery from the Dubai warehouse to the agreed collection point. The number of packages, weight, volume and packaging observations are stated in the acceptance confirmation; discrepancies with documents are brought to the Client’s attention for agreement. The latest delivery date is recorded in writing.

3. Rights of the Contractor

3.1. The Contractor may depart from the Client’s instructions only where necessary in the Client’s interests and where, due to circumstances beyond its control, it could not request the Client’s prior consent to that departure.

3.2. If inaccurate or inconsistent information supplied by the Client is discovered, or required transport documents are missing, the Contractor may refrain from carrying out the Client’s instruction or provide services in the Client’s interests.

3.3. Where necessary, the Contractor may choose or change the mode of transport, route and sequence of different transport modes in the Client’s interests. The Contractor is not obliged to notify the Client of these changes.

3.4. The Contractor may retain cargo as security for payable services and documented expenses, to the extent permitted by applicable law, after notifying the Client. Retention does not cancel the duty to safeguard the cargo and is not an independent ground for refusing compensation under Section 7.

3.5. The Contractor may verify the accuracy of required documents supplied by the Client and information on cargo properties, transport conditions and other information needed to perform its obligations.

3.6. If the recipient refuses to accept the cargo, the Contractor informs the Client and agrees further storage, return or handover. Additional services and expenses are communicated to the Client. Cargo safeguarding and settlement of claims are governed by Sections 7 and 10.

3.7. The Contractor may terminate or suspend performance of an instruction under this agreement if obstacles arise from governmental or municipal authorities or other sources, or if circumstances set out in Section 9 arise.

3.8. On discovering loss, shortage or damage, the Contractor informs the Client, records available information and takes steps to preserve the remaining cargo and evidence. Inability to complete delivery of damaged cargo does not terminate the obligations to review a claim and pay compensation under Sections 7 and 10.

4. Obligations of the Client.

4.1. The Client must provide the Contractor, in a timely manner, with complete and accurate information needed to perform its obligations under this agreement.

4.2. The Client hands over cargo in packaging appropriate to its properties, transport method and agreed requirements, with the necessary markings. Transport conditions for fragile and special cargo, additional packaging and loading or unloading services are agreed before dispatch. Liability exclusions apply under Clause 7.3 where a causal link between damage and packaging defects is proven.

4.3. Prepare and provide the Contractor with all required cargo accompanying documents, completed in accordance with applicable legislation.

4.4. Before handing over dangerous cargo or cargo requiring particular conditions, such as temperature control, fragile, oversized or valuable cargo, cosmetics or perfume, the Client must agree the availability and terms of transport with the Contractor. The Client must communicate all required transport and storage conditions and independently ensure proper compliance with international transport rules for such cargo in accordance with GOST.

4.5. Do not offer for transport cargo that has not cleared customs, cargo subject to third-party claims or cargo whose transport is prohibited by law.

4.6. The Client is responsible for the accuracy of information about packaging carried out by the Client or its representative. Packaging by the Client does not automatically cancel the Contractor’s liability. The consequences of packaging defects are determined by Clause 7.3.

4.7. Transport of food, perishable goods and other cargo with special requirements is agreed in advance, specifying the required packaging, storage and temperature conditions. The Contractor may refuse acceptance if it cannot meet the agreed conditions. Accepted cargo is subject to the agreed conditions and Section 7.

4.8. The Client supplies the documents needed for certification, customs clearance and transit countries. If damage results from their absence or inaccuracy, the proven causal-link rules in Clause 7.3 apply. Expenses and actions in the event of cargo detention are communicated to the Client.

4.9. Car parts, engines and other new or used goods are handed over in agreed packaging with a description of their condition. Their value may be supported by an agreed inventory. Used condition alone does not exclude extended liability.

4.10. Before handing over used car parts, engines or similar goods containing liquids, the Client must drain all liquids, such as oil, water or antifreeze. If this requirement is not met, the equivalent of USD 30 (thirty US dollars) per cargo unit is automatically charged to the Client.

4.11. The Client is responsible for the actions of its consignees or consignors as for its own actions. The Client bears responsibility for any breach of transport legislation in any country along the cargo route by its consignors or consignees.

4.12. Visible damage and shortages are recorded at handover. Hidden damage should be reported within 7 calendar days after receipt, with photographs attached and packaging retained for inspection. Where possible, the cargo condition is recorded in a joint report. If the Contractor’s representative cannot participate, other evidence is permitted, including photographs, video and documents. Claims are submitted under Section 10. The agreement terms, notification periods and claims procedure do not restrict the Client's mandatory rights under applicable law.

4.13. The Client must pay the Contractor’s remuneration and reimburse expenses incurred in the Client’s interests in accordance with this agreement.

4.14. The Client assists with inspection and recording damage or shortages, personally, through a representative or remotely by agreement with the Contractor. A representative’s failure to attend does not in itself terminate the right to review of a claim under Section 10.

4.15. The Client grants the Contractor full permission to process its personal data and to transfer information to third parties where necessary.

4.16. The Client may obtain separate insurance or instruct the Contractor to arrange it under Clause 2.6. The absence of an insurance policy does not cancel standard or activated extended liability under this agreement.

4.17. Liquids, glass, ceramics and other cargo at risk of leakage or damage are accepted after packaging and transport terms have been agreed. If damage to other cargo is caused by a proven breach by the Client, the Client’s liability is determined by applicable law. Compensation for accepted cargo is considered under Section 7; the type of goods alone does not mean automatic refusal.

5. Rights of the Client.

5.1. Choose a transport mode only by agreement with the Contractor; otherwise the Contractor independently decides which transport mode to use for the cargo.

5.2. Obtain information from the Contractor on the location of cargo handed over for transport.

5.3. The Client may withdraw a transport request previously submitted to the Contractor, subject to reimbursement of expenses actually incurred in carrying out that request, including storage, transport, loading, unloading and other expenses.

6. Payment procedure.

6.1. Under standard delivery terms, no additional fee is charged and transport is paid for when the cargo is received. In the event of total loss, no transport charge is payable, and the Client also receives compensation equal to the agreed transport cost. Transport and the extended liability fee must be paid in full when the cargo is accepted at the warehouse in Dubai, UAE, or within 4 working days after acceptance, before dispatch. The day of acceptance is excluded. The manager states the payment deadline in writing, based on the warehouse working schedule. If dispatch is scheduled earlier, the Client is informed of an earlier payment deadline in advance. An unpaid request for extended liability is not automatically converted to standard terms. Cargo is dispatched after full payment by the agreed deadline or the Client's explicit agreement to standard terms. If the payment deadline is missed, dispatch is suspended until further action is agreed.

6.2. The extended liability fee starts at 10% of the confirmed declared value. The specific fee rate and transport cost are agreed in writing before payment. The total payment under extended terms consists of the transport cost and fee. Additional services are listed separately and agreed in writing. The agreed parameters of a particular shipment are not changed retrospectively.

6.3. Payments received are allocated to the specific shipment and agreed transport, fee and additional-service items. The Client is provided with confirmation of payments received. Partial payment does not activate extended liability.

6.4. Cargo compensation and refunds of service payments are considered separately. If transport is cancelled, payment for services not provided is refunded after deducting documented expenses. The terms do not make transport payments or the fee unconditionally non-refundable. If the Client cancels, a calculation of the refund and deductions is provided in writing; the refund is made within five banking days after the request and required payment details are received. Credit towards future transport is possible with the Client’s consent.

6.5. If the Contractor declines transport, payment for services not provided is refunded under Clause 6.4, subject to mandatory requirements of applicable law. Grounds for refunding payments do not replace review of a cargo compensation claim.

6.6. If the actual cargo parameters change, the transport calculation and any additional payment are agreed with the Client before dispatch. Any overpayment is refunded or credited with the Client’s consent. The declared value does not automatically change with weight or volume.

6.7. An invoice and payment confirmation are provided in writing, including electronically. Payment is made under Clause 6.1, taking earlier payments into account. Non-payment of an invoice does not in itself mean that the Client has confirmed the absence of objections to the services.

7. Liability of the Contractor.

7.1. Under standard delivery terms, no additional fee is charged and transport is paid for when the cargo is received. In the event of total loss, no transport charge is payable, and the Client also receives compensation equal to the agreed transport cost. Extended liability is a contractual obligation of WAK, not an insurance policy. It covers the agreed risks of total or partial loss and damage, including fire, road accidents and loss while in the custody of a contracted carrier, regardless of whether fault on the part of WAK or the carrier is established. Coverage applies from activation until the cargo is handed over to the recipient. In the event of total loss due to a covered risk, compensation equals the confirmed declared value of the cargo. Transport and the fee are not added to this compensation. Any refund of payments is considered separately.

7.2. Extended liability takes effect only after all three conditions are met: the cargo has been accepted at the warehouse, the Contractor has confirmed the declared value in writing, and full payment of transport and the fee has been received. Until then, standard terms apply. Events that have already occurred are not covered retrospectively. The declared value is supported by an invoice, receipt or an inventory agreed in writing. The inventory states the value of individual items. The declared value accepted by the Contractor and the cargo contents are recorded in the shipment confirmation before payment. For partial loss, the agreed value of the lost items is compensated. For damage, the documented restoration cost is compensated, up to the agreed value of the damaged items. Total compensation for a shipment cannot exceed its confirmed declared value.

7.3. An exclusion applies only where a causal link is proven between the loss or damage and inadequate packaging, incorrect information supplied by the Client, inherent properties of the goods or missing required documents. Packaging by the Client, used goods or the absence of a separate insurance policy do not in themselves justify refusal of compensation.

7.4. Shortages inside apparently undamaged packaging are considered using the inventory, documents, photographs and other available evidence. Intact outer packaging alone is not an unconditional ground for refusal; Clauses 7.2 and 7.3 apply.

7.5. Natural shrinkage or inherent properties of the goods may be taken into account in a claim only where a link to the specific damage is proven. They are not general grounds for excluding liability for other causes of loss or damage.

7.6. Total loss is recognised when confirmed by the Contractor or carrier, or if the cargo has not been handed over within 30 calendar days after the agreed latest delivery date. Delivered cargo, of whose readiness for collection the recipient has been notified, is not considered lost solely because the recipient has not collected it or paid.

7.7. Damage and shortages are recorded under Clause 4.12, and claims are reviewed under Section 10. The absence of a joint report does not in itself waive the Client’s mandatory rights.

7.8. Cargo contents, condition and value are established using the agreed inventory and other available evidence. Document deficiencies are considered under Clause 7.3; the need for clarification is communicated to the Client.

7.9. Participation of the Client or its representative in an inspection is governed by Clause 4.14. Failure of a representative to attend does not in itself terminate the Contractor’s obligations to review the claim and pay accepted compensation.

7.10. The Contractor informs the Client of delays and provides known reasons and expected times. The procedure for recognising total loss is set out in Clause 7.6. Liability for missed deadlines is determined by applicable law; the Client’s mandatory rights are not excluded.

8. Liability of the Client.

8.1. The Client is liable for breach of its obligations within the limits of applicable law. Obligations and limitations cannot be determined by the Contractor’s unilateral choice of country.

8.2. The Client is liable for losses caused to the Contractor by failure to perform its obligations under this agreement, including failure to provide necessary and accurate information or documents, cargo that does not match its declared characteristics, and damage to the Contractor’s or carriers’ vehicles caused by that failure. The Client pays the Contractor for vehicle detention beyond the permitted period in accordance with the invoice issued to the Client.

8.3. For late payment of the Contractor’s remuneration and expenses incurred in the Client’s interests, the Client pays a penalty of 0.1% of the Contractor’s service cost and those expenses for each day of delay. The penalty cannot exceed the cost of the Contractor’s services for this shipment.

8.4. The Client is responsible for preparing cargo accompanying documents in accordance with applicable legislation.

9. Force majeure.

9.1. Force majeure may affect transport times and feasibility, but does not in itself cancel payment for a risk covered by activated extended liability. A Party that becomes aware of such an event informs the other Party and communicates its effect on performance.

9.2. If an obstacle continues for more than 30 calendar days, the Parties agree further action or termination of unperformed services in writing. Termination of transport does not cancel consideration of compensation and refunds under Sections 6, 7 and 10.

10. Dispute resolution and arbitration.

10.1. Claims are accepted in writing through the main WhatsApp number +971 52 595 8869 or info@wak.ae. State the shipment number, describe the event, provide the inventory and value documents, and attach any available photographs and report. If a WAK representative cannot participate in preparing the report, the claim is accepted with other available evidence. Review takes place within 30 calendar days after the necessary materials are received; payment is made within 10 working days after the claim is accepted. WAK states which additional materials are required and when they are received.

10.2. Visible damage and shortages are recorded at handover. Hidden damage should be reported within 7 calendar days after receipt, with photographs attached and packaging retained for inspection. The agreement terms, notification periods and claims procedure do not restrict the Client's mandatory rights under applicable law.

10.3. The decision on a claim is sent in writing, stating the accepted amount and payment deadline, or the specific grounds for refusal and materials considered. Compensation and any refund of payments are shown as separate amounts.

10.4. An unresolved dispute is heard by a competent court in accordance with mandatory rules of applicable law and jurisdiction. This agreement does not give the Contractor the right to choose the country of dispute resolution unilaterally.

11. Term and operation of the agreement.

11.1. The Parties accept the agreement by signing on paper or by explicit written electronic confirmation of a specific shipment’s terms through an agreed communication channel. A framework agreement runs for one year and is renewed unless a Party gives notice of termination under Clause 11.2. Viewing the website alone does not conclude the agreement or confirm a request.

11.2. Either Party may terminate the agreement early. The initiating Party must give written notice thirty calendar days in advance and complete final mutual settlements recorded in a document signed by both Parties.

11.3. If either Party changes its name, bank details, legal address or actual postal address, it must notify the other Party within five calendar days.

11.4. The agreement is drawn up in Russian. Before confirming, the Client may request an explanation of the terms from the manager. The website interface is available in Russian, Tajik and English. The English agreement is a translation of the Russian original for reference; the Tajik interface is not a separate translation of the legal agreement text.

12. Other terms.

12.1. Neither Party may transfer its rights and obligations under this agreement to a third party without the other Party’s written consent.

12.2. The agreement terms, notification periods and claims procedure do not restrict the Client's mandatory rights under applicable law.

12.3. The shipment confirmation states the cargo number, an inventory with individual item values, the declared value, agreed rate, transport cost and fee, payment status, payment deadline, latest delivery date and agreement revision. Confirmation is provided to the Client in writing, including through agreed WhatsApp or email channels.

12.4. For an electronic request, the Contractor sends the Client the agreed terms and a link to or copy of the agreement revision, and the Client explicitly confirms them through an agreed channel. Publication of the agreement, viewing the page or calculating an example does not replace this confirmation.

12.5. Cargo not accepted for transport includes all cargo prohibited by the legislation of the UAE and transit countries, such as alcohol, all types of musical instruments, narcotic substances, weapons and similar goods.