Whereas NLOG is engaged in the business of providing logistics services of International Shipping, Fulfilment and Final Mile delivery (the “Services”) on behalf of their clients.

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Whereas the Client is interested in engaging NLOG to provide the Services.

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1.       DEFINITIONS

“International Shipping” refers to cross border deliveries of parcels, packages and goods.

“NLOG” means NEKKO LOGISTIC PTE LTD.

“Parties” refers to Client and NLOG collectively, and “Party” refers to either Client or NLOG as the case may be.

“Prohibited Goods” have the meaning as defined in Clause 4.1 of these T&C.

“Recipient” means the addressee to whom the Shipment is sent.

“Shipment” means one or more parcel items containing goods or other items or materials which the Client hands over to NLOG and which may be transported and delivered by any means of transport selected by NLOG, whether by air, road or any other means of transport. Each such shipment is transported under limited liability pursuant to these T&C.

“Services” means the delivery of one or more parcels from the Client to Recipient by the applicable means of transport.

“Service Provider” means third party delivery partners, international courier companies or national postal offices where applicable.

“T&C” refers to the terms and conditions set out in this agreement.

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2.       SCOPE

2.1     These T&C shall apply to all agreements between NLOG and the Client regarding the transport and delivery of

           Shipments, unless otherwise agreed in writing by NLOG.

2.2    As a part of providing the Services, NLOG may provide links to websites operated by third parties. NLOG is not

           responsible for the collection or processing of personal data or the operation or contents of such third-party sites.

           Users should check the terms of use and privacy policies of such websites prior to use.

2.3     The Client agrees to be bound by the T&C at the time of account opening. Any revisions to the T&C will be posted at 

          www.nlogsg.com or may be obtained from NLOG directly upon request. The Client’s continued use of NLOG’s services

           including but not limited to transport and delivery of Shipments or of any NLOG website shall constitute the Client’s

          agreement to the revised version of the T&C, and the Client also agrees to abide by the terms of use and privacy policy

           posted at www.nlogsg.com.

2.3     The Client’s general terms and conditions shall not apply and are hereby expressly excluded, even if NLOG has

           accepted any shipment without any express objection. Any term or condition of the Client which seeks to amend or

           modify these T&C must be agreed by NLOG before it comes into effect.

 

3.       Agreements and Services 

3.1     Contracts regarding transport and delivery of Shipments are concluded between the Client and NLOG, either in

           written form or by way of hand-over of the Shipment and acceptance of the same for transport and delivery in

           accordance with these T&C.

3.2     NLOG accepts Shipments for transport and delivery from the Client at the sites of NLOG, or picks up such Shipments 

           at agreed sites of Client, in order to deliver such Shipments to the Recipient directly or have them delivered by another

           service provider.

3.3     The Client shall transmit electronically accurate shipping information via NLOG shipping platform, label the Shipment

           correctly and provide all necessary details to enable NLOG to perform the services including transport and delivery,

           settling of damages claims and/or return of the Shipment, as the case may be.

3.4     Any inaccurate or unreadable Shipment label may potentially delay the delivery process.

3.5     NLOG will accept special instructions from the Client for Shipments only if these instructions are notified in the agreed

           form or in a separate agreement between the Parties. NLOG is not obliged to comply with any special instructions if

           these are issued only after the Shipment has been handed over for transport and delivery.

3.6     The Client agrees to all routing and diversion, including the possibility that the Shipment will be transported via

           intermediate stops, at the sole and absolute discretion of NLOG.

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4.       Shipments

4.1    NLOG shall not undertake the transport and delivery of any Shipment which contains Prohibited Goods listed below.  

Prohibited Goods include, but are not limited to the items listed below, and may be updated from time to time by NLOG. The latest updated list is available at www.nlogsg.com:

• Dangerous and Prohibited items, including but not limited to explosives, poison, flammable items, radioactive material, compressed gas, corrosive items, firearms, live animals or human remains and any item which by its nature or packaging may expose employees of NLOG and the general public to injury or cause damage to other items, items which are prohibited by law.

• Coins, bank notes, currency notes or securities of any kind payable to bearer are to be sent via insured post only. Compensation will not be payable for such items, if lost under NLOG’s custody.

4.2    The Client warrants that the Shipment does not contain any Prohibited Goods stated above and has been correctly

packaged and is appropriately protected. Notwithstanding any other rights of NLOG, the Client shall indemnify NLOG from any liability for third-party claims or penalties resulting from the transportation or delivery of Prohibited Goods or other inadmissible or unlawful goods.

4.3    If a Shipment contains Prohibited Goods or the Shipment – because of its nature (size, format, weight, contents, etc.) or

for other reasons – does not comply with Clause 4.1 above or with the other provisions of these T&C, NLOG shall be entitled to:

• Refuse acceptance of the Shipment;

•  If the Shipment has already been handed over, return it or store it until its collection; or

•  Transport the Shipment without notifying the Client and, if necessary and/or required by law, to choose a different route (e.g. by road and sea instead of by air freight as planned) and to invoice the Client for any additional costs incurred as a result.

4.4     NLOG shall also be entitled to exercise the rights referred to in Clause 4.4 above if it suspects that the Shipment

contains Prohibited Goods or that there are any breaches of contract and the Client fails to comply with NLOG ‘s request to the Client to supply information.

4.5.1 NLOG is not obliged to check whether a Shipment contains Prohibited Goods. However, NLOG shall be entitled to

open a Shipment and to inspect the contents if it suspects that the Shipment contains Prohibited Items. In addition to the foregoing, NLOG has the right to open and inspect a Shipment without notice for security or customs or other valid reasons​

4.5.2 NLOG is not obliged to check whether a Shipment contains Prohibited Goods. However, NLOG shall be entitled to

open a Shipment and to inspect the contents if it suspects that the Shipment contains Prohibited Items. In addition to the foregoing, NLOG has the right to open and inspect a Shipment without notice for security or customs or other valid reasons.

 

4.5.3 Further, NLOG and its appointed Service Provider carries out regular checks in accordance with the applicable

statutory aviation security regulations and if goods which may not be transported by air are found, or if there is reason to suspect that these goods ought not to be transported by air, NLOG shall be entitled to transport the goods by land or sea, notwithstanding its other rights under Clauses 4.4.

4.6    NLOG will not handle any shipment of value in excess of S$2,000.00 or items as regulated and prohibited by the

Government of the country for delivery/cartage. NLOG reserve the right to check and reject the acceptance of Client’s goods for carriage if it is suspected to violate domestic and international laws.

 

5        Customs Clearance and Customs Regulations

5.1    The Client is obliged to comply with the applicable import and export regulations and the customs regulations of the

country of origin, destination and transit. The Client shall complete the necessary accompanying documents (customs declaration, export licenses etc.) truthfully and completely, and shall hand these over with the Shipment.

5.2    NLOG does not assume any liability for the content of the Shipment and the accompanying documents, even if these

are prepared by or on behalf of NLOG upon the Client’s request. The Client remains solely responsible for all risks and consequences of importing and exporting goods. This shall apply independently of the grounds on which the dispatch is restricted or prohibited, either by applicable statutory provisions or is restricted or excluded under these T&C or other contractual provisions.

 

6        Delivery and Non-Deliverable Shipments

6.1    The Shipments shall be delivered to the Recipient's address specified by the Client, though not necessarily personally

to a Recipient named in person. Shipments to addresses with central mail departments shall be delivered to these departments. Deliveries to PO Boxes is subjected to respective countries national postal regulations.

6.2    If required for the return of undeliverable Shipments, the Client agrees that a corresponding return label as per NLOG’s

requirements shall be attached to such Shipment. The Client shall use best efforts to assist NLOG in returning such Shipment and particularly to furnish all necessary customs documents and all other documents and information which may be required for the return.

6.3    If the Recipient refuses to accept a Shipment or refuses to make payment, NLOG shall be entitled to release, sell,

destroy or otherwise dispose of such Shipment without incurring any liability to the Client, Recipient or any other third party, provided that NLOG has made reasonable efforts to return such Shipment at the expense of the Client or if applicable law prohibits or prevents the return of such Shipment to the Client.

6.4    Unless special instructions are issued in accordance with Clause 3.4, if an undeliverable Shipment is returned in

accordance with Clauses 6.2 or 6.3, NLOG  reserves the right to determine the timeframe for, the manner (i.e. whether individually or on a consolidated basis) and the mode of transport for such returned Shipment.

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7        Service Level

NLOG shall make available to the Client the Services and the Client shall accept the Services in accordance with these T&C, at the Service Level as follows:

7.1    Order Submission

Order submission cut-off time in NLOG web portal

Monday to Friday: 16:00

For any order submitted after 16:00 (Monday to Friday), collection will only take place on the following working day. Please print out consignment note and paste it securely on parcels. NLOG drivers have the right to reject collection if parcel is not affixed properly with NLOG consignment note.

7.2    Pickup Time

Monday to Friday: Latest 16:00

Should there be multiple pick up addresses, it must be communicated and uploaded correctly via NLOG web portal.

7.3    Delivery Lead Time

• Once items are picked up and have arrived at NLOG  distribution center, it will be checked and sorted into zones to be ready for delivery, with up to 3 delivery attempts.

• Should Recipient be unreachable by phone, email or SMS after 3 failed delivery attempts, NLOG will return the parcel back to Client. This will constitute as “Returned to Sender” and is equivalent to “Delivered” status.   

• NLOG shall attempt to deliver 95% of the parcels with the “Arrived Hub” status at the NLOG distribution centre during off-peak season (after Lunar New Year period till end September) within the chosen service level; and within 2-3 additional working days on top of chosen service level during festive periods (October to Lunar New Year), excluding delivery exceptions or delays due to unforeseen circumstances.

7.4     Delivery Hours

09:00 – 22:00 (Monday – Friday)

No delivery on Weekends and Public Holidays

NLOG strongly encourages work  life balance on our employees of all levels.  With Drivers even more so, as their work requires high concentration as they will be driving for all hours, ample rest is required hence, we work on a 5-days week for all our workers.

7.5    Restricted Area

The Service is provided only to locations within the main island of the Republic of Singapore (including Sentosa Island and Free Trade Zone but excluding the other off-shore islands).

Please refer to Appendix A for a list of restricted areas postal codes.

7.6    Return of non-deliverables

After 3 failed delivery attempts, the undelivered parcels will be held at NLOG for a maximum 7 workings days. Parcels will be returned to Client at the same price model of delivery charges.

7.7    Cash on Delivery* (COD)

• A consolidated Cash on Delivery report will be sent to Client once a month for checks and verification.

• Recipient needs to provide exact cash as NLOG drivers do not provide change back.

• NLOG  only accept PAYNOW (fast transfers)  (payable to Client) strictly.

• Any other forms of payment will be rejected by our drivers.

7.8     Roles and Responsibilities

NLOG Responsibilities - The primary responsibilities that NLOG team members will fulfil are:

• Train staff and Manage implementation process/execution of the Services

• Participate in feedback meetings scheduled and agreed by both parties

• Escalate and solve problems, perform continuous improvements on the Services

​Client Responsibilities - Client will provide resources that will fill the following responsibilities:

• Escalate decision making and issue resolution in a timely manner

• Pick and pack orders based on the daily order list submitted by Client to NLOG

• Accept product returned by NLOG

• Use NLOG web portal to upload shipments in a timely and orderly manner

 

8.        Charges

8.1    The Client shall pay to NLOG the Charges based on the Schedule of rates in Clause 8 for the agreed services.

8.2    All prices indicated are exclusive of any taxes, customs duties and fees. Such taxes, customs duties and fees shall be

invoiced to and payable or reimbursable by Client where applicable.

8.3    All invoices shall be due and payable by the Client, without deduction or set-off, within the credit period granted by

NLOG. The credit term and credit limit will be determined by NLOG when the Client’s account is first created.  However, NLOG reserves the right to review and vary the credit term and credit limit from time to time.  The Client shall be informed of the credit term and credit limit, and any revision thereof.  The Client shall make payment in accordance with the applicable credit term and credit limit failing which their account may be suspended.

8.4    In case of non-payment by the Client of any outstanding amount, NLOG shall be entitled to charge interest on all

overdue amounts at the rate of one percent (1%) per month from the due date until payment and/or exercise such other right or remedy in respect of such outstanding amount.

8.5    In the event that the Client’s original choice of service and/or product is no longer applicable or available for any

reason whatsoever, NLOG reserves the right to select the next best available or appropriate service and/or product in respect of the Client’s Shipment and the charges for the service and/or product actually performed shall constitute the charges for the said Shipment.

8.6    NLOG reserves the right to charge based on the higher of actual or volumetric weight per piece and any Shipment

may be re-weighed and re-measured by NLOG to confirm this calculation. This is referred to as “chargeable weight” and may be billed on a separate invoice.

8.7    In case of account suspension, a reactivation fee of SGD50.00 will be imposed. Account will only be reactivated after

receipt of reactivation fee.”

 

9.       Liability

9.1    Limitation of Liability regarding Delay of Delivery

NLOG will make every reasonable effort to deliver the Shipment according to NLOG’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. NLOG is not liable for any damages or loss caused by delay.

9.2    Domestic Delivery

NLOG’s liability, whether in contract or in tort, for any loss of delivery items shall be limited to the value of the delivery item or S$100 per consignment, whichever is lower. Additional insurance coverage above S$100.00 by way of nominal fee can be obtained in request to NLOG.  All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to NLOG’s attention before or after acceptance of the Shipment.

9.3    International Shipping

For purposes hereof, an item shall be deemed to be NLOG s Possession from the point NLOG collects the item from Client until the item is passed to the appointed Service Provider, and a shipping tracking number is available. In the event of loss or damage out of NLOG’s Possession, NLOG will facilitate the communication, using our best efforts, with the appointed Service Provider and transfer along to you any reimbursement received in accordance with the terms and conditions of the appointed Service Provider used. The Client agrees that they shall have no claim against NLOG under such circumstances and will look to the Service Provider in respect of any claim arising out of the loss or damage to their Shipment.

 

10.    Claims

10.1  Any claim request must be submitted to NLOG within 7 days from Proof of Delivery. Any claim submitted after this

period shall not be recognized. No claim shall be entertained until all outstanding amount due to NLOG has been fully settled. The amount of any claim shall not be set off against any amount owing to NLOG.

 

10.2  All claims must be made in writing, accompanied by supporting documents and relevant receipts. All claims are to be

submitted to: -

NLOG– Customer Service Department, Email: katuspl.delivery@nlogsg.com

 

11.    Sanctions

11.1  Client warrants that neither the receipt, transportation nor the delivery of its Shipments will expose NLOG or its

employees, servants, agents, subcontractors, insurers or reinsurers to any sanction, prohibition or penalty (or any risk of sanction, prohibition or penalty)whatsoever imposed by any state, country, international governmental organization or other relevant authority (collectively "Sanctions") by reason of the content of the Shipments, any insurance of the Shipments taken out by the Client or any other person with an interest in the Shipments, the destination of the Shipments, the intended Recipient of the Shipments or the purchaser or end user of the content of the Shipments.

11.2  Client warrants in particular, that:

• Shipments shall not include any goods which appear on any applicable list of prohibited goods as shall be determined from time to time by the United States, the United Nations, the European Union, the country of origin, country of destination and any transit countries;

• delivery of its Shipment to the intended Recipient will not, in and of itself, contravene any of the prohibitions set forth from time to time by the United States, the United Nations, the European Union, the country of origin, country of destination and any transit countries; and

• delivery of this Shipment to the intended Recipient will not, in and of itself, result in any funds or economic resources being made available directly or indirectly to or for the benefit of any person entity or body which is listed or designated in any Sanctions or legislation covering Denied Parties as set forth from time to time by the United States, the United Nations, the European Union, the country of origin, country of destination and any transit countries.

11.3  Client agrees to provide NLOG immediately on request with full information about the nature of its Shipment and their

intended use, as well as the identities of all parties who have any legal, financial or commercial interest in the Shipment.

11.4  NLOG is entitled to inspect Shipments and, in particular, to access any data or information contained in any electronic

storage medium.  NLOG shall not be responsible for any delay or damage caused as a result of such inspection provided that NLOG shall take reasonable care when inspecting the Shipment. Where data or information is protected by a password, details of that password shall be provided to NLOG by Client on request.

11.5  If it appears in the reasonable judgement of NLOG  that a Shipment (or any activity required in respect of the Shipment

by NLOG or any other person) may expose NLOG or their employees, servants, agents, subcontractors, insurers or reinsurers to any breach of Sanctions or risk of breach of Sanctions, then:

• NLOG may refuse to carry the Shipment or alternatively NLOG may without notice to Client (but as his agent only) take any measure(s) and/or incur any additional expense to carry or to continue with the Shipment thereof, and/or abandon the Shipment and/or store the Shipment ashore or afloat, under cover or in the open, at any place, which abandonment or storage shall be deemed to constitute due performance by NLOG of all of its obligations in respect of that Shipment;

• NLOG may, without notice to Client, provide any state, country, international governmental organization or other relevant authority with full information about the Shipment, including the identities of all parties which have any legal, financial or commercial interest in the Shipment.

 

12.     Force Majeure

NLOG is not liable for any loss or damage arising out of circumstances beyond NLOG’s control. These include but are not limited to electrical or magnetic damage to or erasure of electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to NLOG; any act or omission by a person not employed or contracted by NLOG, e.g. Client, Recipient, third party, customs or other government official; “Force Majeure” events include but are not limited to – fire, earthquake, cyclone, hurricane, storm, flood, fog, radiation contamination, pandemic, war, plane crash, shipwreck, or embargo, riot or civil commotion, industrial action or disputes.

 

13.    Warranties of Client and Indemnification

13.1  The Client shall indemnify and keep NLOG, its employees, servants, agents, subcontractors, insurers or re-insurers,

harmless from all claims, actions, liability for loss or damage, fines, penalties, costs and expenses arising out of and/or incidental to :

1.   Client’s failure to comply with the following warranties and representations:

all documents and information provided by the Client or its representatives are complete and accurate;

• the Shipment is acceptable for transport under Section 4 above;

• the Shipment was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation to NLOG Singapore;

• the Shipment is correctly labelled, addressed and packaged so as to ensure safe transportation with ordinary care in handling;

• the Client has complied with all applicable customs, import, export, data protection laws and regulations, sanctions, embargoes and other laws and regulations; and

• the Client has obtained all necessary consents to provide NLOG  with personal data including Recipient’s data as may be required for transport, customs clearance and delivery.

13.2  the transportation or delivery of the Prohibited Goods, including the costs expenses incurred by NLOG in connection

with the provision of information, confiscation by the customs authorities or border seizure which are required by law or have been ordered by a court or a government authority.

13.3  Customs violations specified in Clause 5.

13.4  Any Sanctions violations specified in Clause 12, including any non-declaration or illegal, inaccurate and/or inadequate

declaration in respect of the Shipment by the Client or from any other cause in connection with the Shipment for which NLOG is not responsible, including against any additional expense so incurred and all claims whatsoever brought by any third party in respect of the Shipment.

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14.    Data Protection

In the event any information submitted by Client to NLOG contains personal data that is subject to the protection of applicable privacy and data protection laws and regulations, NLOG shall limit the disclosure and processing of the personal data (to relevant third parties) to such extent as is reasonably required to effect performance of the services, to manage and administer the Client’s account(s) with NLOG, to advertise products and services provided by NLOG(subject at all times to the Client’s right to decline and NLOG’s compliance with applicable privacy and data protection laws and regulations) and for such other purposes as may be required by law, including, communicating the same to customs authorities. The Client warrants that all personal data provided to NLOG has been fairly and lawfully obtained and the Client has authority to disclose such personal data to NLOG for the purposes mentioned above. The Client shall fully indemnify and keep NLOG fully indemnified against any and all liability incurred by NLOG  as a result of such breach howsoever arising.

 

15.    Final Provisions

15.1  This agreement and its interpretation thereof shall be subject to and construed in accordance with the laws of the

Republic of Singapore.

15.2  Mediation and Arbitration – In the event of any dispute arising out of or in connection with the terms and conditions

herein, or the breach, termination or invalidity thereof, such dispute shall first be submitted to the Singapore Mediation Centre (“SMC”) for mediation in accordance with the procedures set out by the SMC.  In the event that such dispute cannot be resolved or settled through mediation as set out above, the dispute shall thereafter be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC”). The arbitration tribunal shall consist of a sole arbitrator to be appointed by the Chairman of the SIAC. The language of the arbitration shall be English.

15.3  The invalidity or unenforceability of any provision shall not affect any other part of the agreement

15.4  A person who is not a party to this agreement may not enforce any term of this agreement under any laws purporting

to grant such rights which is hereby excluded to the extent permissible but this does not affect any right or remedy of a third party which exists or is available apart from such laws.​​​