GENERAL TERMS AND CONDITIONS

To all valued user kindly take a few minutes to read and understand the Terms and Conditions carefully to have a complete understanding of the platform before using the services offered by Movit Easy Sdn Bhd (“MOVIT “) or (“We”, “Us”, or “Our”), a company incorporated under the laws of Malaysia. These terms set forth the legally binding terms and conditions for your use of Our Services as contained in http://www.movit.com.my (“Website “) (collectively with the site, referred to as “Services “).

1. GENERAL TERMS

This transport contract, either national or international, is governed by the provisions of the CMR convention and by the present terms and conditions. Any other terms and conditions and regulations of the consignor or the consignee are not applicable, unless they have been accepted explicitly and in writing by the carrier. The signature of the waybill by the shipper, the quay staff and the forwarding agent is binding for the consignor and the signature of the stevedores, the goods handlers or the quay staff at the destination is binding for the consignee. The consignor shall guarantee that their contracting partner, the consignee, has knowledge of and agrees with the present terms and conditions; if not, the consignor shall indemnify the carrier for any costs and hold them harmless against any claims.

Any such purchasing terms and conditions shall apply only if We expressly confirm the same in writing. Acceptance of your delivered goods shall be deemed acknowledgement of our terms and conditions. We do not ship for you any combustible materials, items that contain poisonous fumes and any such items that is deemed dangerous and illegal in Malaysia. You will be liable if you fail, neglect or refused to inform us on the nature and condition of your items for shipment.

2. ONLINE TRANSACTION AND COMMUNICATION

By using our platform, you acknowledge that all communication and information submitted through our website or mobile platform may be accessed by third parties. MOVIT accepts no liability whatsoever in this circumstance. However, MOVIT will take necessary precautions to prevent such incidents to it best OF effort.

Acceptance of Goods

2.1 Goods shall be accepted by MOVIT for the purpose of rendering the Service, on condition that: -

  • If the person delivering the Goods to MOVIT is not the Customer, the Customer warrants that delivery of the Goods and the signing of the requisite delivery and other documents on behalf of the Customer, constitutes acceptance of these Conditions by the Customer; and
  • Where the Customer is not the owner of the Goods, the Customer warrants his authority to act as agent of the owner for all purposes in connection with the Service rendered for the Goods by MOVIT.

2.2 The acceptance of these Conditions shall amount to a contract which constitutes the entire understanding of the Parties as to its subject matter. There are no understandings, agreements, warranties or representations (express or implied) forming part of this Contract.

2.3 MOVIT is not a common carrier and reserves the right to refuse to carry Goods without reason and accepts Goods for Carriage only in accordance with these Conditions.

3. TRANSACTION RECORDS

All transaction records are to be treated confidential. No documents are to be duplicated without prior consent from MOVIT. All information or documents are for the intended purpose indicated in the service section only. MOVIT will not be liable for any lost or damage to goods or property arising from the breach of this terms.

4. TRANSPORTING

At MOVIT we will deliver all cargo to the respective address within the time frame stated during service confirmation. The delivery time may vary due to traffic, weather condition or unforeseen circumstances. Special instruction may be required should there be a specific delivery time and may incur additional charges.

5. CONSTRAINT

IMPRACTICAL OPERATIONS

Nothing in this terms and conditions shall require the mover to perform pick-up or delivery service at any location from or to which it is impracticable, through no fault or neglect of the mover to operate vehicles because of:

  • The condition of roads, streets, driveways or alleys;
  • Inadequate loading or unloading facilities; or
  • Riots, Acts of God, the public enemy, the authority of law, strikes or labour unrest the existence of violence, or such possible disturbances as to create reasonable apprehension of danger to person or property.

TRANSPORT AND GOODS LIMITATION

There are a number of prohibitions for the use of MOVIT services. The following cases are specifically prohibited:

  • ABSOLUTELY NO CARRIAGE OF ANY PERSON in cargo compartment for any distance or reason ever.
  • ABSOLUTELY NO CARRIAGE OF ANY ANIMAL in cargo compartment for any distance or reason ever.
  • Items of extraordinary value or items that are irreplaceable should not be moved via MOVIT.
  • NO Hazardous Materials to be carried but is not limited to explosives, gases, flammable liquids, flammable solids, poisonous or infectious substances, radioactive material, corrosives.
  • NO firearms, ammunition or other explosive materials.
  • NO illegal goods.
  • Mover does not hold out to transport jewellery, objects d’art, currency, documents items of unusual value or rare metals. Unless otherwise indicated herein or agreed to by contract.
  • “Obnoxious Goods” means any of the following kinds of Goods which are not included in the category of Dangerous Goods: -
    1. substances which can cause discomfort to or adversely affect, personnel handling them;
    2. substances which will taint other cargo or containers in close proximity, or which may necessitate the containers being deodorized or specially cleaned;
    3. Substances, which will damage other cargo by, contact or by sifting, e.g. carbons, graphite, white pigments, greases and other “dirty” cargo.
    4. Deliquescent cargo and/or cargo which readily takes up moisture even from the air or cargo in a moist or wet condition, e.g. wet salted hides;
    5. Cargo liable to infestation by insects, mites, weevils, or grubs or which might require fumigation;
    6. Cargo of liquid or semi solid nature and cargo liable to liquefy with a rise in temperature such as reasonably could be foreseen; and
    7. Any other Goods which in the opinion of the Carrier are likely to adversely affect other cargo or to cause personnel to object to handle them or to present any difficulty in handling or transport.

Mover shall not be required to accept for transportation any truckload shipment which exceeds gazetted by Land Public Transport Commission (SPAD) and Road Transport Department (JPJ) weight limit or which occupies more than the full visible capacity of the lorry which is provided or size of lorry that have been booked prior to pick up date even if the lorry provided may be able to carry the excess load.

APPOINTMETNS/PICKUP AND DELIVERY TIMES

Pick-ups and deliveries shall be made between 0700 and 2200 hrs local time unless special arrangement already been made and agreed upon for timing beyond previously mentioned time. Appointments shall be made at no charge. Mover shall not be liable for late deliveries or unkept appointments due to circumstances beyond mover’s control such as but not limited to weather and traffic conditions, store loading and wait times, customer special requests, and other unexpected barriers to loading or unloading.

LIMITATIONS OF MOVER'S LIABILITY FOR PREMISE CLEARANCE

Mover assumes no responsibility for insuring or otherwise providing for clearance of lorry through or inspection by premise’s management. Mover is not responsible for the application for entry permit into pickup or delivery premise if the management rule and regulation require entry pass or permit to be applied beforehand. Mover or party in possession shall not be liable for loss, damage, deterioration of the goods or delay in delivery due to the process for management clearance or inspection.

PICKUP AND DELIVERY SERVICE

The rates named herein include pickup or delivery at all points within the limits of the cities, towns, villages and other points from and to which rates apply, but each booking will include only pickup and one delivery unless special request is made and the additional charges is agreed upon.

WAITING TIME

Mover shall allow (one) hour or (one) hour and the half of waiting time both for loading and unloading to begin. Such time shall commence from the time the mover arrived or from the time the mover was requested to wait for loading or unloading to start, whichever is later.

6. APPLICATION OF ACCESSORIAL CHARGES

In addition to the base rate and additional services requested for any booking and unless otherwise agreed in writing, the following accessorial charges shall apply and shall be reflected on the amended booking details and receipt shall the customer requested for one

DETENTION

  1. This item applies when the mover’s vehicles with driver are delayed or detained beyond the free time provided for herein at time of delivery to the customer or at time of pick-up when such delay is not the fault of mover.
  2. Unless otherwise agreed, charges for detention will be charged to the customer for both unloading and loading.
  3. When computing time, the beginning time shall be the time the driver notifies the customer of driver’s arrival and that the vehicle is available for loading or unloading, as the case may be, but in no case shall time commence prior to the time of any appointment or the actual time of loading or unloading, whichever comes first.
  4. When computing detention charges, all non-working time shall be excluded. Non-working time includes lunch breaks, coffee breaks, and rest breaks.
  5. E. If, at the end of business day, unloading has not been completed and cannot be completed that day, the customer shall be given the following options:
    1. Mover may return to mover’s terminal with what goods and items has not been unloaded, but mover shall return the following day with the balance of the goods and items during the customer’s available time.
    2. Any unused free time from the first day will continue into the second day, charges to commence when all free time has expired.
  6. If a vehicle is both unloaded and reloaded, each transaction will be considered separately, and free time shall apply to each separately.
  7. When delay occurs beyond free time, the charge for detention shall be RM30.00 per hour or fractions thereof.
  8. Mover shall give customer the opportunity of signing the detention records and the customer to make any corrections to these records at the time. If customer refuses to sign said records, Mover’s records will govern.

CANCELLATION OF BOOKING / REFUND POLICY

Any cancellation shall be made BEFORE twenty-four (24) hours of scheduled pick-up by informing Movit Easy Sdn. Bhd. Customer Service or the assigned mover by call, Whatsapp or SMS.

If a service is booked and then cancelled within twenty-four (24) hours of scheduled pick-up, customer shall pay RM150.00 as cancellation fee. Cancellation fee may also applicable but not limited the following circumstances:

If the mover already arrived discovers, through communication with the customer, that the customer’s items are not eligible for the Services due to not limited to, items under the “TRANSPORT AND GOODS LIMITATIONS” list and/or incorrect information provided by the customer that make the moving process unable to proceed.

However, if the service paid was not fulfilled due to factors beyond MOVIT’s control, we will offer an alternative or you will be entitled to a full refund of paid amount for that specific service. The refund will be applied to your original method of payment or any such manner as may be communicated to you.

PAYMENT METHOD

For Collect on Delivery payment method, mover will accept cash payment only when customer choose Collect on Delivery (CoD) as method of payment when completing the booking form. This is only applying for motorcycle “Movit Rider”. For payment method other than cash such as and not limited to cheque and bank transfer, the payment shall be made to Movit Easy Sdn Bhd, not to the mover unless agreed upon. For “Online Payment” method, the mover shall not be allowed to request additional payment from customer unless there are additional request that are not included in the original booking and the additional charges that is agreed upon shall be made to the mover. Mover’s drivers are not authorized to produce any invoice or receipt for the service provided. Movit Easy Sdn Bhd shall provide invoice or receipt upon customer’s request. If a collect on delivery shipment is inadvertently accepted and delivered without obtaining payment or if payment is stopped on uncertified funds, customer’s is responsible to ensure full payment is made within three (3) days. Mover will collect charges from delivery receiver ONLY when requested by customer.

ADDITIONAL LICENSE, PERMITS AND DEPOSIT FEES

Whenever any additional license or permits are required, such as but not limited to, warehouse entrance pass, foreign commerce, customs fee and premise’s management deposit fee, the charge shall be arranged and provided by the customer and not the mover. If and/or when mover(s) are refused entry due to improper documentation, the fee of RM150.00 will be assessed accordingly. Additional fees for driver detention, and/or storage will also be applicable.

MANPOWER ONLY SERVICE

Manpower only service is only available upon request and limited to certain area only. The manpower charge will be a minimum of RM70.00 per person and the manpower working hour will be from 9AM – 6PM and include break hour or based on pickup and delivery time. Any request for additional service such as and not limited to, furniture assembly, packing and wrapping shall follow our standard rate published on the website.

TAILGATE UNITS

Charges when applicable, User need to contact support or helpline directly

STORAGE OF LOADS AT MOVER’S FACILITY

Mover will assess RM100.00 per night applicable for all loads stored at mover’s facility. MOVIT are not responsibility to any damages or lossess during the storage.

FINES

Customer shall be responsible party for payment of or reimbursement to mover, for any fines resulting from excess weight or dimension of any shipment that causes the mover to be in violation of any local, state, or federal law. Fines incurred for equipment defects are the responsibility of the equipment owner.

EXPRESS BOOKING

Mover will make pickups and deliveries on the same day/next day the booking was made (Express booking) for an additional charge 20% from the motorcycle,4x4,van,tow-truck and lorry price. In addition, detention as otherwise provided herein shall apply between the time of arrival and loading or unloading and/or the time of subsequent dispatch.

RECONSIGNMENT OR DIVERSION

A request for diversion of transport will be subject to the following definitions, conditions and charges:

  1. Request for diversion must be informed to Movit Easy Sdn. Bhd. Customer Service department in writing (e-mail, Whatsapp or SMS) or phone call.
  2. Diversion prior to movement of a shipment shall bear the rate that would otherwise have applied if the shipment was originally scheduled for movement to the final destination.
  3. Diversion en route shall be determined on the basis of the distance from origin to final destination via diversion point.
  4. If the transport is returned to the origin point, the rate to be applied will be the applicable rate to the most distant point travelled in addition to the mileage rate from same back to point of origin.

ADDITIONAL PICK UP/DROP OFF (STOP-OFF)

The following provisions govern additional stops in transit to partially load or unload, except as otherwise specifically provided.

  1. Items received from one receiver at one point at one time in one booking, may be stopped in transit for partial loading and/or unloading only at points within the scope of mover’s operations or as otherwise agreed by mover.
  2. The party or parties authorized and designated by the customer to accept at a point or place of stop-off may be the same or other than the customer in the booking details.
  3. The request for additional pick up or drops off must designate the following:
    1. Stop-off point or points and places.
    2. The weight, quantities, markings, and description of articles to be loaded or unloaded.
    3. The name contacts number and address of the party authorized to accept item for unloading at point of stop-off.
  4. A notation will be made on the booking details and description of the portion of the items unloaded at each stop-off.
  5. The substitution of items for that originally loaded or any exchange of contents at a point or place of stop-off may be permitted if agreed to with customer and noted on booking details.
  6. Additional charges on item(s) stopped to partially load or unload must be prepaid or guaranteed by the customer. If not prepaid, the customer must show on the booking details the name of one party from whom the entire charges, including the stop-off charges, shall be collected, which must be a party to whom a portion of the items to be delivered.
  7. The rate that customer shall pay for mover’s stop-off service shall be assessed at the rate applicable from point of origin to stop-off location and/or from one stop-off location to another stop-off location in addition to the original charge for point-of-origin to the final destination.

7. PASSING OF RISK

When your goods are transported or moved for the purpose of transportation, any risk (including accidental loss, destruction or deterioration) (“Risk “) shall pass to you as soon as we have delivered the goods to the assigned mover. As part of Our value-added Services, we will assist in ensuring the highest level of care is administered while handling and transporting your goods but we cannot accept any liability arising therefrom.

8. INDEMNITY AND LIMITATION OF LIABILITY

You undertake the Services at your own risk and agrees to indemnify MOVIT and its employees against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors fees) and any claim arising from your own actions in any way in connection with the Services, or a breach of your obligations as set forth in these Terms and Conditions.

MOVIT is not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the Services. This limitation does not exclude any liability for negligence by MOVIT or death or personal injury arising out of such negligence.

MOVIT will provide insurance coverage to all items transported. However, the amount will be compensated at a flat rate. MOVIT will not entertain any claims beyond the sum insured.

To the extent that MOVIT acts as an agent, MOVIT does not make or purport to make any contract with the Customer for the carriage, storage or handling of the Goods nor for any other physical service in relation to them and acts solely on behalf of the Customer in securing such

services by establishing contracts with third parties so that direct contractual relationships are established between the Customer and such third parties.

  • MOVIT shall not be liable for the acts and omissions of such third parties.
  • MOVIT when acting as an agent has the authority of the Customer to enter into contracts on the Customer’s behalf and to do such acts so as to bind the Customer by such contracts and acts in all respects notwithstanding any departure from the Customer’s instructions.
  • Except to the extent caused by MOVIT’s negligence, the Customer shall defend, indemnify and hold harmless MOVIT in respect of all liability, loss, damage, costs or expenses arising out of any contracts made in the procurement of the Customer’s requirements.

9. SEVERABILITY

The invalidity, illegality, or unenforceability of the whole or part of these Terms and Conditions do not affect or impair the continuation in force of the remainder of the Terms and Conditions.

10. ENTIRE AGREEMENT

These Terms and Conditions represent the entire agreement between the parties relating to the Services (unless otherwise expressly confirmed in writing by MOVIT) and supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded. For the avoidance of doubt, no information of any nature about the Services or any of these Terms and Conditions should be relied upon unless confirmed in writing by MOVIT.

11. NO WAIVER

The failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies.

12. GOVERNING LAW

These Terms and Conditions shall be governed by and interpreted in accordance with Malaysian law and the parties irrevocably submit to the exclusive jurisdiction of the Malaysian courts.

13. SPECIAL TERMS

These Terms and Conditions are not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them. No person shall derive any benefit or have any right, entitlement or claim in relation to this Terms and Conditions.

14. CHANGES TO THE TERMS AND CONDITIONS

We reserve the right to update these Terms and Conditions at any time and any changes may be made without notice to you. We recommend you read this Terms and Conditions periodically.

By continuing to access or use Our Services after those revisions or changes become effective, you agree to be bound by the revised terms. If you do not agree to the new Terms and Conditions, please stop using the Website and/or Our Services.

All of our rights are reserved.

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