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LOGISPOT Transportation Terms and Conditions

[Current] Effective as of March 4, 2019

Chapter 1 – General Provisions

Article 1 – Purpose

These Transportation Terms and Conditions (hereinafter referred to as the “Terms”) are established to define the scope of responsibility and usage provisions for fair freight transportation transactions between a freight automobile transportation business operator (hereinafter referred to as the “Operator”) and the user, in accordance with Article 7 of the Trucking Transport Business Act (hereinafter referred to as the “Act”) and the provisions of the Commercial Act.

Article 2 – Definitions of Terms

The definitions of terms used in these Terms are as follows

  1. “Shipper” refers to both the party requesting freight transportation and the party delivering the freight.
  2. “Sender” refers to the person who requests freight transportation from the Operator and is indicated as the consignor on the waybill.
  3. “Recipient” refers to the person designated as the consignee on the waybill.
  4. “Waybill” refers to the document issued to prove the conclusion and content of a freight transportation contract between the Shipper and the Operator or the forwarding operator.
  5. “Consignment” refers to the Operator receiving the freight from the Shipper or an agent under the freight transportation contract.
  6. “Delivery” refers to the Operator handing over the freight stated in the waybill to the Recipient or the Shipper.
  7. “Prepaid” refers to the payment by the Sender to the Operator for the freight transportation fare, charges, and other necessary expenses at the time of the transportation request.
  8. “Collect” refers to the payment by the Recipient to the Operator for the freight transportation fare, charges, and other necessary expenses at the time of receiving the freight.
  9. “Storage Fee” refers to the remuneration received from the Recipient or the Sender for storing the freight.
  10. “Release Fee” refers to the remuneration received when taking out the freight from the warehouse after storage and delivering it to the Recipient.

Article 3 – Application of the Terms

These Terms shall apply to the truck freight transportation business and its related ancillary services. However, if these Terms conflict with the directions of administrative authorities, relevant laws and regulations, or the guidelines of the competent ministry, they shall not be applied. Matters not stipulated in these Terms shall be governed by the Trucking Transport Business Act, the Commercial Act, and the agreements between the parties.

Chapter 2 – Consignment, Delivery, and Transportation of Freight

Article 4 – Consignment of Freight

When the Operator accepts freight for transportation, a waybill containing the following information shall be issued to the carrier
Address, name (or trade name), and telephone numbers of the Sender and the Recipient, Name, quality, quantity, weight (or volume), and type of packaging of the consigned freight, Transportation section and name of the handler, Date and time of consignment and delivery, Method of freight payment, In case of high-value or precious goods, the type and market value, Other reference matters
The issuance of a waybill may be omitted if both the Operator and the Sender agree to a verbal contract.

Article 5 – Packaging of Freight

When the Sender requests transportation, the freight must be appropriately packed to prevent loss or damage during transportation. If the packaging is inadequate, the Operator may require the Sender to reinforce it.

Article 6 – Inspection of Freight

The Operator may, with the consent of the Sender, inspect the type and contents of the consigned freight.

Article 7 – Refusal of Freight Transportation

The Operator may refuse transportation of the following freight:

  1. Hazardous materials (e.g., explosives, flammable substances) without safety measures or perishable items likely to deteriorate during transport or storage
  2. Difficult-to-load items such as animals, plants, living things, stolen goods, or corpses
  3. Smuggled goods, military supplies, illegally harvested products, or other contraband
  4. Inadequately packaged items under Article 5 or items with discrepancies between declared and actual contents under Article 6
  5. Items that may interfere with the transportation of other freight

Article 8 – Cancellation of Freight Transportation

If the Operator cancels transportation due to reasons attributable to the Sender, the Operator may claim compensation for already incurred freight charges, fees, and other necessary expenses.

Article 9 – Transportation of Freight

The Operator shall transport the consigned freight swiftly, accurately, and safely in the order it was received until it is delivered to the Recipient. However, exceptions may apply in cases involving perishable items with prior consent from the Sender or other justifiable reasons.

Article 10 – Delivery Period

The Operator must transport the consigned freight and deliver it to the Recipient within the period agreed upon with the Shipper.

Article 11 – Delivery of Freight

The Operator shall obtain confirmation from the Recipient upon delivery of the consigned freight.

Article 12 – Inspection of Freight

If the Recipient raises objections about damage to the packaging, the inspection must be conducted in the presence of the delivery handler.
If no objections are raised or the freight is accepted under Paragraph 1, the Operator shall not be held liable for any issues.

Article 13 – Claim for Return or Other Disposition of Freight

  1. The Shipper may claim suspension, return, or other disposition of the consigned freight.
  2. The Operator shall comply with such claims from the Sender. However, if the freight has arrived at the destination and is in the process of being delivered to the Recipient, the Operator may refuse the claim and must promptly notify the Sender.
  3. The cost for suspension, return, or disposition of freight under Paragraph 1 shall be borne by the Shipper.

Chapter 3 – Liability for Accidents and Exemption from Liability

Article 14 – Liability for Accidents

The Operator shall be liable for the following accidents that occur after receiving the freight and before delivery. However, if the cause of the accident lies with the Shipper, the Operator shall be exempt from liability

  1. Accidents such as theft, damage, loss in quantity, or leakage during transportation
  2. Accidents involving decay, deterioration, or delay due to transportation delays
  3. Accidents caused by fire, flammable substances, or chemicals
  4. Accidents involving vehicle fire or damage to the vehicle due to the Operator’s intent or negligence when using a special-purpose recovery vehicle
    The compensation level for accidents caused by the Operator shall, in principle, correspond to the actual damage suffered by the Sender or Recipient, and shall be determined by mutual agreement.

Article 15 – Freight Charges for Damaged Freight

The Operator shall not claim freight charges for damaged freight resulting from its own fault under Article 14. If the freight was prepaid, the amount shall be refunded. However, if the damage occurred due to the Shipper’s fault, the Operator may claim freight charges, fees, and other expenses.

Article 16 – Issuance of Accident Certificate

If an accident under Article 14 occurs and the Shipper requests an accident certificate, the Operator shall issue it.

Article 17 – Exemption from Liability

The Operator shall not be held liable in the following cases

  1. If the accident occurred due to discrepancies between the declared and actual type, weight, or volume of the freight
  2. If the accident resulted from incorrect information such as destination due to the Sender’s error
  3. If the accident occurred due to the intent or negligence of the Sender or Recipient
  4. If the accident occurred due to natural disasters or other force majeure events

Article 18 – Duty to Notify Accidents

If an accident occurs involving consigned freight, the Operator shall immediately notify the Shipper. Until receiving instructions from the Shipper, the Operator may suspend transportation, return the freight, change the transportation method, or take other necessary measures.

Article 19 – Sender’s Liability for Damages

The Sender shall be liable for any damage caused to the Operator due to the defect or nature of the freight. However, if the Sender was unaware of such defect or nature without fault, or if the Operator was aware, the Sender shall not be held liable.

Chapter 4 – Freight Charges and Fees

Article 20 – Freight Charges

  1. General freight transportation charges shall be determined through consultation with the Shipper. For special-purpose recovery vehicles and container transport, charges shall be based on the rates reported to the Minister of Land, Infrastructure and Transport in accordance with Article 6 of the Trucking Transport Business Act. If transportation is made via a route designated by the Shipper, the actual travel distance shall be applied.
  2. The Operator may impose brokerage service fees for transportation transactions based on the freight’s characteristics (e.g., name, quantity or volume, transport section, and freight charge). These fees shall be determined through individual agreements.
  3. The Operator shall determine the brokerage commission payable for freight charges based on the type and conditions of transportation. The maximum commission rate for each freight charge segment is as follows:
    Freight Charge (Shipper) Maximum Commission Rate
    KRW 200,000 or less 25%
    Over KRW 200,000 up to 500,000 20%
    Over KRW 500,000 15%

Article 21 – Storage Fee

If storage becomes necessary due to reasons attributable to the Shipper, storage fees shall be charged based on the current freight transportation rate table.

Article 22 – Transportation Certificate

If the Shipper requests issuance of a transportation certificate, the Operator may charge the actual cost of issuance.

Article 23 – Freight Prohibited for Cash on Delivery (Collect)

The following freight shall be transported on a prepaid basis

  1. Freight with a market value deemed lower than the freight charge
  2. Perishable, deteriorating, or easily damaged freight

Article 23 – Others

Matters not stipulated in these Transportation Terms may be separately agreed upon by the Operator.

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