1.1 "Bill of Lading" (hereinafter "Bill or B/L") means a document created by the Shipping Line and is used to transport the cargo from one Sea Port to another. A document that establishes the terms of a contract between a Customer and a transportation company. It serves as a document of title, a contract of carriage and a receipt for goods.
1.2 "Cargo" (hereinafter also referred to as "goods") means the cargo received from the shipper and described on the face side of Bill and carried or to be carried on an aircraft or shipping line, other than mail or other property carried under terms of an international postal convention, baggage or property of the carrier.
1.3 "Carrier" means any person or entity who undertakes to perform or to procure the performance of carriage by rail, road, sea, air or inland waterway and the Company stated on the front of the B/L as being the carrier and by which or for which this B/L is signed.
1.4 "Consignee" means the person entitled to receive the goods from the Carrier.
1.5 "Container" means Carrier's refrigerate/reefer Container measuring 20' and/or 40' as the case may be.
1.6 "Customer" shall mean the person or the entity to which Matrix Logistics is rendering its services to.
1.7 "FIATA" means International Federation of Freight Forwarders Associations
1.8 "PIFFA" means Pakistan International Freight Forwarders Association.
1.9 "Port Of Discharge (POD)" means Port where cargo is discharged from means of transport.
1.10 "Port Of Loading (POL)" means the Port where the Cargo were loaded on a seagoing vessel with Carrier to be transported by it or a port where ships are loaded with goods, and the goods are secured on the ship.
1.11 "Product" means the products/goods described on the Bill of Lading.
1.12 "Matrix Logistics" shall mean Matrix Logistics
1.13 "Services" means as defined in Clause III of this contract.
1.14 "STC" means Standard Trading Conditions of PIFFA.
1.15 "Temperature" means the tentative temperature range of the Product, if required.
1.16 "Terminal" means an assigned area in which containers are prepared for loading into a vessel, train, truck, or airplane or are stacked immediately after discharge from the vessel, train, truck, or airplane.
1.17 "Terminal Charge" means a charge made for a service performed in a carrier's terminal area.
2.1 Matrix Logistics may provide the Customer with updated status of the shipment or Container on regular intervals.
2.2 Notwithstanding anything contained herein, when acting as an agent, Matrix Logistics acts solely on behalf of the Carrier or third party in engaging the Services of Carrier or such third party on the usual terms and conditions on which the Carrier or third parties offer such services, thereby establishing a direct Agreement between the Customer and the provider of such services capable of being enforced against the Customer as principal, whether or not the Customer is identified in the Contract or any other shipping document or related document. The terms of the conditions of the Carrier are attached herewith as Annexure A.
2.3 Matrix Logistics agrees to arrange for transportation of Customer's freight pursuant to the terms and conditions of this Contract and in compliance in all material respects with all federal, state and local laws and regulations. Matrix Logistics responsibility under this Contract shall be limited to arranging for, but not actually performing, transportation of Customer's freight as per STC.
2.4 Matrix Logistics will not be held responsible for the performance and negligence of third parties such as carriers, warehouse personnel, stevedores (persons in charge for loading and unloading), port authorities and other freight forwarders.
2.5 Liability and responsibility of Matrix Logistics shall end once the Cargo is handed over to the Carrier or Terminal and/or the B/L is issued. Thereafter all claims by Customer or Carrier shall be taken directly against one another. Matrix Logistics cannot be held responsible or liable, however, the Matrix Logistics may, at its sole discretion, play as an intermediary role in such a case.
2.6 In the event of any loss and/or damage or any other claim by the Customer and/or Consignee, the parties to the Contract acknowledge that all such claims shall be noticed, filed and adjusted in accordance under the claim handling and procedures set forth in the Airway Bill against the Carrier and not against Matrix Logistics.
3.1 The Customer warrants that it is the importer or exporter, or owner of the goods for which it has retained Matrix Logistics as freight forwarder; and that the Customer has full power and authority to retain, appoint as attorney and instructs Matrix Logistics.
3.2 Customer shall be responsible for loading of the cargo/goods in to the delivery vehicle(s)/container(s) in a safe and secure deliverable state and in compliance with the requirements, terms and conditions of the Carrier to ensure that cargo are at all times seaworthy. The Customer shall also provide temperature certificate and indemnity letter after loading the goods. Any damage or loss caused or rejection of shipment as a result of temperature variations, insufficient, inadequate or improper loading handling, packing or unloading, stuffing or de-stuffing of the cargo/goods shall be borne by Customer.
3.3 The Customer undertakes that all the contents, information and documents are true, correct and accurate and free of inaccuracies, misrepresentation, mistakes, and/or omissions. Customer undertakes that the:
3.3.1 cargo delivered to Matrix Logistics is properly packaged and marked;
3.3.2 where customer hands over more than one cargo, each cargo should be properly segregated and independently identifiable;
3.3.3 documents or information required under this contract, or as required by the law and any authorities, including HS code(s), SRO benefit, Narrations of documents, are provided to Matrix Logistics when demanded. Any discrepancy or violation of this clause shall hold the Customer liable at all times and places. Any delay in compliance of the above conditions will be excluded in arriving at the time taken for performance of services and the Customer shall indemnify Matrix Logistics in this regard. Customer acknowledges that Matrix Logistics shall be relying on such measures and information to provide the Services.
3.4 If delivery of the goods or any part thereof is not taken by the Consignee, Owner of the .consignment/shipment, or Customer at the time and place when and where Matrix Logistics or Carrier is entitled to call upon such person to take delivery thereof, Matrix Logistics or Carrier may take any and all possible measures thereof at the sole risk and responsibility of the Customer. Any and all costs and expenses at POD or POL, including Port storage, detention of the Container or the cost of recalling the cargo to the POL, upon demand be payable by the Customer.
3.5 In case of any cargo discrepancy at Destination, including whether that of quantity or quality, the Consignee should prior to taking delivery of the cargo must lodge a complaint with the Carrier at Destination.
4.1 The Customer shall make payment as provided in Annexure B, which shall form an integral part of this Contract, for the Services under this Contract to Matrix Logistics. The prices as provided in Annexure B are the service charges only, exclusive of any and all taxes and government levy, custom clearance, Port or destination charges, detention/demurrages or any other charge. All additional expenses incurred in performance of this contract shall be separately receipted and payable on demand.
4.2 The Customer shall pay the invoice in full and in cleared funds within the agreed days as provided in the agreement or in advance of the date of the invoice to Matrix Logistics through crossed cheque or Pay Order or by online transfer in the account of Matrix Logistics.
4.3 Matrix Logistics shall be entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily retained by or paid to freight forwarders or done/made in the performance of similar services.
4.4 If the Customer disputes any invoice, in whole or in part, Matrix Logistics should be notified in writing no later than 7 days after Customer receipt of invoice after which time Customer shall not be entitled to dispute the invoice. Any and all dispute(s) arising under this contract shall be dealt separately.
4.5 The Customer shall be solely liable for and shall indemnify Matrix Logistics for:
4.5.1 any and all Disbursements made by Matrix Logistics on behalf of the Customer;
4.5.2 any Customs Duties, fines, penalties, interest or other levies imposed by Custom Authorities or other Government Departments or Carrier with respect to the goods imported or to be imported, or exported or to be exported, by the Customer; or
4.5.3 any loss or damage incurred or sustained by Matrix Logistics in relation to the provision of services to the Customer herein.
4.6 The Customer agrees to indemnify in full Matrix Logistics for any expense made by Matrix Logistics on Customer's behalf in performance of the services under this contract.
4.7 In case of non-payment within the stipulated period the Customer shall be liable for compensation and financial charges for such delay at the rate as specified in the quotation till the realization of the claim, including financial charges calculated at 5% above the KIBOR (Karachi inter-bank official rate) per annum for the time being.
4.8 In addition, Matrix Logistics also reserves the right to withhold any original documents, suspend or terminate the contract, exercise any applicable right of lien over any cargo/ document, apply a fixed charge and a default interest at the above indicated rate on the outstanding and overdue sum, or commence collection proceedings, until all sum and dues are not settled on 21 days' notice in writing to the Customer.
4.9 Notwithstanding anything contained herein no payment, including indemnification, of the Transporter shall be withheld on any account and all payments shall be made in full without set-off, withholding, counterclaim or deduction or stay of execution of any kind. The Customer also agrees to pay all the charges that accrue till the goods/shipment are not taken over by the Consignee, or the Customer itself.
5.1 The Customer shall save harmless and keep Matrix Logistics indemnified from and against:
5.1.1 any and all loss (including consequential loss and loss of profit), damage or liability (whether criminal or civil) suffered, legal fees and all other costs and expenses incurred by other party or any of its Affiliates (whether directly or indirectly) as a result of a breach by either party of any of the terms or conditions of this Contract or the neglect or default of, or any act, matter or thing permitted or omitted by, either party arising from or in connection with the provision of this Contract;
5.1.2 any liability assumed or incurred by Matrix Logistics when by reason of carrying out the Customer's instructions Matrix Logistics has reasonably become liable or may become liable to any other party; or
5.1.3 any and all liabilities, damages, penalties, judgments, suits, expenses and other costs of any kind or nature whatsoever imposed on, incurred by or asserted against Matrix Logistics by a third party in the course of carrying out its obligations pursuant to this Contract and resulting from breach of any of the terms of this Contract, default or negligence of Customer, or its employees.
5.2 The Customer undertakes in respect of the shipments/cargo which are being handed over to Matrix Logistics that:
5.2.1 nothing illegal / prohibited article are contained in it and Customer will solely be responsible for it in case any illegal, unlawful and prohibited articles, narcotics or contraband are found in the cargo by any authority during inspection, such as Anti-Narcotics Force, while transportation or custom clearances. Customer will solely be responsible in case any illegal, unlawful and prohibited articles are found in the cargo at any point in time during transit by any authority; or
5.2.2 that the description and particulars of any goods furnished by or on behalf of the Customer are full and accurate and he will be liable for consequences of any penalties levied by Port, Customs or other authorities arising from any incorrect information supplied.
5.3 That Matrix Logistics shall not be responsible for any loss of destruction or damage to the cargo as a result of delays, detentions, demurrages, shortages, weight shrinkage, accident, theft, consignee refusal of taking delivery or any other unlawful or destructive acts or for any other reason in the performance of any obligation hereunder or for any reason that is beyond the control of Matrix Logistics.
5.4 Any shipment being held, confiscated, scrutinized, etc. by any authorities at origin or destination or in transit, for whatsoever reason, shall not be Matrix Logistics responsibility and liability.
5.5 That Matrix Logistics will not accept and is not liable for any sort of delays detention, demurrage, shortages, weight shrinkage, refusal of taking delivery by Consignee or any designated person of Customer or any other liabilities while the cargo/goods remain in their custody or under the control of any related agencies, such as the port authorities, shipping line, customs, narcotics, at Pakistan as well as at destination. Matrix Logistics will not entertain or accept any claim in this regard and the Customer will be liable to pay such claim & cover all possible risks in respect of its cargo/goods abroad or in Pakistan.
5.6 The goods or product of the Customer are always at Customer's sole risk and responsibility. The Customer shall take out and maintain, in its own name and expense for the term of this Contract, insurance adequate to cover its assets and goods/products.
6.1 Matrix Logistics shall be relieved of liability for any loss, damage or performance if and to the extent that such loss or damage is caused by:
6.1.1 an event or circumstance that is beyond the reasonable control of a party and that makes a party's performance of its obligations impossible and includes but is not limited to wars, strikes, civil riots, hostilities, public disorder, terrorist attacks, epidemics, fires, floods, acts of God or governmental restrictions and actions; or
6.1.2 any cause or event which Matrix Logistics is unable to avoid and the consequences whereof Matrix Logistics is unable to prevent by the exercise of reasonable diligence.
6.2 Any expense arising as a result of force majeure event shall be charged to the Customer.
7.1 This Contract shall be governed and construed in accordance with the laws of Pakistan, preference shall be given to PIFFA standard terms and conditions, and the Courts of Lahore shall have exclusive jurisdiction.
7.2 Any differences or disputes arising out of this Contract shall be referred to arbitration in accordance with Arbitration Act, 1940 and any amendments thereof or STC. The arbitration shall be condition precedent before any action or case is filed before the civil court. The arbitration shall be held at Lahore and its language English. The decision of the Arbitration shall be final and binding on the Parties.
8.1 Matrix Logistics & Customer acknowledge that they are independent contracting parties and this Contract does not create a general or special agency, joint venture, partnership, employment relationship or similar relationship between them.
8.2 If any part of this contract is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
8.3 Any and all notices pursuant to this Contract shall be in the English language and can be validly given by either registered mail, tele-fax or email to the addresses mentioned above.
8.4 Both parties agreed expressively to give no information whatsoever to any third party about this contract or any provision thereof, or information supplied herein. In no circumstances shall any such information be disclosed to any third party, unless:
8.4.1 Such information is at that time in the public domain;
8.4.2 A party is compelled by any governmental or judicial authority;
8.4.3 Compelled by applicable law or regulation, or
8.4.4 Required for the performance of this contract.
8.5 That the transit time is approximate; Matrix Logistics will not entertain or accept any claim with regard to any transit delay whether caused by Matrix Logistics or Carrier or any third party.
8.6 This Contract contains the entire understanding of the Parties with respect to its subject matter, and supersedes all prior or contemporaneous agreements, understandings and negotiations. No modification or alteration of this Contract shall be deemed effective unless in writing and signed by the Parties.
We are serving exporters & Importers by means of providing highly professional logistic services. We excel in handling of Textile & Apparels, Pharmaceuticals, Leather Products, Home Appliances, Chemicals, Cement, Handicraft, Rice, Dangerous goods and perishables. We have defined our objectives by providing the customers state of the art facilities through designed professionals in their respective fields. All this is necessary to keep the groupâ€™s activities alive and forging in a market which is not only cost conscious but also remains vigilant on matters of service.