1.0 ACCEPTANCE OF OUR TERMS AND CONDITIONS
By placing an order for our services or delivering the shipment to us, you, on behalf of the shipper, the receiver, and any other individual or entity with a present or future interest in the shipment, hereby agree that the shipper and said individual or entity shall be bound by the Terms and Conditions.
This Agreement shall remain valid and enforceable from the issuance of the consignment note until the completion of the consignment note.
1.1 UNACCEPTABLE SHIPMENTS
The following items are restricted or prohibited for shipping, and the sender agrees not to tender any of the following items for shipment, including but not limited to:
- Arms, simulation weapons, ammunition, controlled knives, and explosive articles, including inflammable articles and oxidizing agents.
- Narcotic drugs, drugs taking tools, stupefacient and psychoactive drugs that are improperly used, precursor chemicals, and toxic substances.
- Biochemical, epidemic, and infectious materials.
- Radioactive substances.
- Illegal counterfeit products, such as counterfeit or altered currency, marketable securities, certificates, and official seals.
- Currency and negotiable securities.
- Articles that infringe intellectual property rights and counterfeit and shoddy products.
- Animals and plants, especially endangered wildlife and their products.
- Drugs or other articles hazardous to human and animal health that may spread disease from infected areas.
- Cigarettes, tobacco, tobacco products, and liquor.
- Valuables, including artworks, antiques, gems, and precious metals, including gold.
- Shipments that do not comply with Whallo packaging requirements (refer to our Whallo rate card).
1.2 FOR THE AVOIDANCE OF DOUBT, WHALLO ACCEPTS TEMPERATURE CONTROLLED DELIVERY SUBJECT TO THE FOLLOWING CONDITIONS: -
The temperature range during middle mile transportation fall within the specified range as agreed upon by Whallo and the shipper.
Chilled storage (5°C to 10°C); Frozen storage (up to -18°C)
- Temperature-controlled delivery allows for the transportation of various items, including seafood, frozen food, and other perishable goods.
- The items must be pre-cooled or pre-frozen before collection to ensure proper temperature control during transportation.
- The shipments must be compatible with the available temperature conditions.
- Packaging is strictly adhered to the use of polystyrene boxes with cooling agents only. If repackaging is necessary, it can be arranged at the cost of the sender.
- Only ONE type of temperature-controlled item is allowed in each box. Frozen and chilled items must be separated and should not be mixed within the same box. Mixture of frozen and chilled items is not permitted.
- The maximum permissible weight for each shipment, inclusive of packaging materials, shall not exceed 30 kg per box.
1.3 DELIVERY OF SHIPMENT
The delivery shall be deemed complete upon the shipment's arrival at the address of the receiver as specified in the consignment note, without necessarily requiring personal receipt by the named receiver.
In the event that the receiver is unavailable at the specified address, Whallo reserves the right to deliver the shipment to any person present at the receiver's address, such as co-workers or family members. Shipments destined for addresses with a central receiving area, such as a juristic office, management office, or reception, may be delivered to that designated area. For security purposes, Whallo will refrain from delivering shipments to locations where there is no designated receiver present.
1.3.1 UNSUCCESSFUL DELIVERY
- Unsuccessful delivery may occur due to various factors, including but not limited to: The receiver cannot be reasonably identified or located.
- Unsuccessful delivery may occur when no authorized person is present at the receiver’s address to accept the shipment.
- In the event of an unsuccessful delivery, the shipment will be held for a period of 1 working day. This timeframe allows for necessary arrangements to be made, such as initiating a return call to confirm delivery, requesting self-pickup of the shipment at our service point, rescheduling the delivery, or considering alternative options.
- In the event that the receiver's information provided by the shipper is found to be inaccurate or incomplete, Whallo reserves the right to place the shipment on hold. After a period of 1 working day, Whallo is entitled to either release, destroy, or otherwise dispose of the shipment accordingly.
1.3.2 DELAYED DELIVERY
- For Temperature Controlled Delivery, in the event of an unsuccessful delivery, delay, or undeliverable refrigerated shipment, Whallo will securely store the shipment in a designated cold room or freezer to maintain the required temperature until the next scheduled delivery can be arranged. This ensures the preservation and quality of the refrigerated items during the storage period.
1.3.3 UNDELIVERABLE SHIPMENT AND RETURN SHIPMENT
A shipment is deemed "undeliverable" under specific circumstances, such as:
- All attempts at delivery have been unsuccessful.
- A shipment is deemed "undeliverable" if it cannot be successfully delivered within 2 working days from the estimated delivery date.
- Shipper fails to provide further instructions upon our request.
- In the event of an undeliverable shipment, Whallo reserves the right to release and dispose of the shipment without incurring any liability to the shipper or any other party involved. This action will be taken in accordance with applicable service charges and administrative costs.
- In the event that the shipper submits a formal request for the return of an undelivered item, return charges will be applicable.
- All delivery fees and other charges paid for the shipment shall be deemed non-refundable.
1.4 SHIPMENT TRACKING
- The delivery status of the shipment can be tracked and traced through the website https://whallo.com.my. Additionally, you can also contact our hotline at +6018 965 1544 for further assistance and information regarding the shipment.
1.5 LIABILITY AND COMPENSATION
- Claims for lost shipment must be made in writing within 48 hours from the receipt of the shipment. Failure to provide timely notification may result in the forfeiture of any claim for compensation.
- Claims are strictly limited to a single claim per shipment.
- Whallo shall not be held liable or responsible for any indirect or consequential losses or damages.
- Whallo shall not be held liable for any damages or losses that occur as a result of the sender's failure to comply with the packaging guidelines and safety requirements.
- Whallo's liability for a lost shipment is limited to the actual value of the item, as indicated on the purchase invoice of the lost or damaged item, or up to a maximum of MYR 300.00 per shipment, whichever amount is lower. The determination of the lower amount is based on comparing the market value of the item.
- Whallo shall not be held liable or responsible for any loss or damages arising from circumstances, including but not limited to, natural disasters, war risks, acts of terrorism, nuclear damage, or any similar events.
1.6 SHIPMENT INSPECTION
- Whallo retains the full authority to open and inspect any shipment tendered to us, without prior notice to any parties, when deemed necessary for safety reasons or upon request by a regulatory body, particularly if the shipment is suspected to contain prohibited items that may pose a potential risk to our staff or contravene the regulatory laws of the intended destinations.