Draft — pending legal reviewThis is a working draft, not an approved legal document. It does not bind Cargo4U Sdn Bhd or any customer and it must not be relied upon. Every clause below is drawn only from terms Cargo4U has already put in writing on its invoices or already applies in the Portal itself; nothing here has been written for it. The clauses a normal set of terms would also need — liability, insurance, indemnity, governing law and others — are shown as marked gaps that our legal advisers must supply. The final Terms And Conditions will replace this wording once they have been reviewed and approved.
1. Scope of this draft
This draft describes the road freight services that business customers book through the Cargo4U Member Portal, the prepaid credits used to pay for them, the cancellation outcomes the Portal applies, and the payment terms printed on Cargo4U invoices. "Cargo4U", "we" or "us" means Cargo4U Sdn Bhd. "Customer" or "you" means the account holder registered on the Portal. "Services" means the full truck (FTL) and shared truck (LTL) services offered in the Portal. "Credits" means the prepaid balance held in your Portal account.
2. Service limitations we currently apply
The Portal refuses bookings that fall outside the operating rules configured for each service. These rules are maintained by Cargo4U and may be changed; the values below are the ones currently configured.
- Collections run Monday to Friday only. Saturdays and Sundays are not available.
- Collections are not made on public holidays, and shared truck deliveries are not made on public holidays or on non-operating days.
- For full truck services only, collections are also not made on the day before a public holiday.
- Full truck collections run between 7:00am and 5:00pm. A full truck order placed after 5:00pm is carried forward to the next business morning.
- Shared truck collections run between 9:00am and 3:00pm, and shared truck deliveries between 8:00am and 4:00pm on the following day.
- Shared truck collections are available in Kuala Lumpur and Selangor only, and deliveries only to the drop-off zones listed in the Portal.
3. Credits
Services are paid for from a prepaid Credits balance. Credits are added to your account when a reload payment is confirmed. When an order is placed, the amount for that order is placed on hold against your balance; the hold is converted to a spend when the order is completed. If an order is cancelled, the amount released back to your balance is determined by clause 4. Every movement of your balance is recorded as a credit transaction that you can see in your Portal transaction history.
[TO BE SUPPLIED BY LEGAL: whether Credits expire, and whether unused Credits can be refunded to the original payment method or are usable only against Cargo4U services]
4. Cancellation and refunds
When you cancel an order, the Portal applies the outcomes below in order, and the first one that matches decides the result. These tiers are configurable by Cargo4U and the outcomes below are the ones currently configured.
- Order still awaiting approval — full refund, no charge.
- Cancelled 24 hours or more before the pickup time — full refund, no charge.
- Cancelled between 9 and 24 hours before the pickup time — refund less a charge of 50% of the base fare.
- Cancelled less than 9 hours before the pickup time — refund less a charge of 100% of the base fare.
- Cancelled after the pickup time has passed — no refund.
[TO BE SUPPLIED BY LEGAL: charges for a failed collection where the cargo is not ready, and for waiting time or detention at either end of the journey]
5. Invoicing and payment terms
Where Cargo4U invoices you rather than taking payment from Credits, the payment terms printed on that invoice apply. Those terms are:
- Payment terms are 30 days.
- All cheques must be crossed and made payable to "CARGO4U SDN BHD".
- Telegraphic transfers are to be directed to Malayan Banking Berhad, account number 552125560582.
- Any discrepancies must be reported within 7 days from the date of receipt of the invoice.
- Unless queried in writing within 14 days from the invoice date, or agreed otherwise contractually, the invoice shall be considered as correct and duly payable.
- Subsequent amendment requests to the invoice shall not be accepted.
- Disputed invoices, upon re-issuance, shall be paid within 5 calendar days from the revised invoice date, or at the latest by the original invoice due date.
- We reserve the right to charge overdue interest on invoices not paid in full on or before the due date.
- A late payment penalty charge of 1.5% per month of the invoice amount applies.
- Late payment reminder processing fees apply: Reminder 1 (under 15 days) RM 100.00; Reminder 2 (under 30 days) RM 100.00; Reminder 3 (under 45 days) RM 250.00; after Reminder 3, RM 300.00.
- Where a currency rate applies it is taken as at the invoice issue date, and both the bank rate and the rate offered by Cargo4U are stated on the invoice.
- Payment advice should be sent to account@cargo4u.com.my.
6. Personal data
Cargo4U's handling of your personal data is set out in the Privacy Statement for the Cargo4U Member Portal.
7. Clauses still to be supplied by legal
The following are deliberately left blank. Cargo4U has not published terms on these points, so nothing has been drafted for them here.
- [TO BE SUPPLIED BY LEGAL: limitation of liability for loss of or damage to goods in transit, including any per-shipment or per-kilogram cap and any claims notification deadline]
- [TO BE SUPPLIED BY LEGAL: exclusion of indirect and consequential loss]
- [TO BE SUPPLIED BY LEGAL: cargo insurance — what cover is and is not included, declared value requirements and the insurer's policy terms]
- [TO BE SUPPLIED BY LEGAL: warranties given and warranties disclaimed]
- [TO BE SUPPLIED BY LEGAL: customer indemnity]
- [TO BE SUPPLIED BY LEGAL: customer obligations on packing, labelling, accuracy of the cargo declaration, and prohibited or dangerous goods]
- [TO BE SUPPLIED BY LEGAL: acceptance of a booking — when a contract of carriage is formed, and Cargo4U's right to decline]
- [TO BE SUPPLIED BY LEGAL: account suspension and termination, and the consequences for any Credits balance]
- [TO BE SUPPLIED BY LEGAL: force majeure]
- [TO BE SUPPLIED BY LEGAL: intellectual property in the Portal and the licence granted to use it]
- [TO BE SUPPLIED BY LEGAL: confidentiality]
- [TO BE SUPPLIED BY LEGAL: subcontracting and the use of third-party carriers]
- [TO BE SUPPLIED BY LEGAL: taxes, including the treatment of SST on Services and on Credit reloads]
- [TO BE SUPPLIED BY LEGAL: how these Terms may be amended and how customers are notified]
- [TO BE SUPPLIED BY LEGAL: dispute resolution, governing law and jurisdiction]
- [TO BE SUPPLIED BY LEGAL: the registered address to be used for contractual notices — the address published in the Privacy Statement and the address printed on Cargo4U invoices are not the same]
8. Contact
Questions about this draft may be directed to the contact details Cargo4U publishes for the Portal:
- Cargo4U Sdn Bhd
- LOT5991, JALAN TERATAI, BT.6, OFF JALAN MERU, MUKIM KAPAR, 41050 KLANG, SELANGOR D.E MALAYSIA
- Email: info@cargo4u.com.my
- Phone: +60124915355
- Website: www.cargo4u.com.my
We aim to respond to all inquiries within 1-2 business days.