Terms & conditions

These terms apply to all services provided by Optiqra Logistics Sdn Bhd ("Optiqra", "we", "us") to the customer ("you"). They are based on, and read together with, the Standard Trading Conditions of the Federation of Malaysian Freight Forwarders (FMFF STC 2017). In the event of a conflict, these terms prevail.

1. Scope of services

We provide freight forwarding, customs agency, warehousing, road transport, project cargo and related supply chain services. The exact scope for each engagement is set out in our quotation or written service agreement.

2. Quotation and acceptance

Quotations are valid for fourteen days unless a different period is stated in writing. A booking is accepted only when we issue a written booking confirmation, not when you reply "go" to a quote. Verbal instructions are accepted at our discretion and require confirmation in writing within 24 hours.

3. Your responsibilities

• Provide accurate cargo descriptions, dimensions, weights, HS codes (where known) and commercial values.
• Declare dangerous goods, controlled goods or restricted items at the time of booking.
• Provide complete and timely documentation, including any required permits or licences.
• Take out cargo insurance unless we are expressly instructed in writing to do so on your behalf.
• Ensure the consignee can receive the cargo at the agreed destination.

4. Pricing and invoicing

Our charges are as set out in the quotation, plus any properly notified accessorials, fuel surcharges or third-party charges. SST is added where applicable. Invoices are due within 30 days of the invoice date unless agreed otherwise. Late payment incurs interest at 1.5% per month or the maximum lawful rate, whichever is lower.

5. Limitation of liability

Subject to applicable law, our liability is limited as follows:

• For loss or damage to cargo: limited to SDR 8.33 per kilogram of the cargo affected, in line with the FMFF STC and international forwarding norms.
• For consequential, indirect or punitive losses: excluded to the maximum extent permitted by law.
• Our total aggregate liability under any single shipment does not exceed SDR 75,000.

These limits do not apply where loss or damage results from our wilful misconduct or gross negligence, or where law prevents limitation.

6. Cargo insurance

The limits in clause 5 are typically less than the commercial value of cargo. We strongly recommend you take out all-risk cargo insurance for every shipment. We can arrange cover underwritten by Allianz Malaysia Berhad on request; otherwise you remain responsible for your own insurance.

7. Force majeure

We are not liable for delay or non-performance caused by events beyond our reasonable control, including weather, industrial action, port closures, government action, war, civil unrest, pandemic measures, vessel breakdown, or carrier insolvency.

8. Right of lien

We retain a general lien over any cargo, documents or funds in our possession for any sums due to us under any contract with you. We may sell the cargo to satisfy outstanding charges after giving 30 days' written notice.

9. Sub-contracting

We may sub-contract any part of our services to qualified third parties. Where we sub-contract, we remain responsible to you for the performance of the service in accordance with these terms.

10. Confidentiality

Each party will keep the other's commercial information confidential and use it only for the performance of these services.

11. Termination

Either party may terminate ongoing services on 30 days' written notice. We may suspend or terminate immediately if you fail to pay invoices when due, materially breach these terms, or become insolvent.

12. Governing law

These terms are governed by the laws of Malaysia. Disputes are subject to the exclusive jurisdiction of the courts of Kuala Lumpur, save that we may bring proceedings to recover unpaid invoices in any competent court.

13. Changes

We may amend these terms by giving 30 days' notice. Continued instruction of services after that date constitutes acceptance.

Questions about these terms can be sent to [email protected].