Terms and Conditions
Welcome to Somoni Group!
These terms and conditions outline the rules and regulations for the use of Shipping & Delivery Terms of the Somoni General Trading LLC, located at https://somonigroup.com.
By accessing this website, we assume you accept these terms and conditions. Do not continue to use Somoni Group if you do not agree to take all of the terms and conditions stated on this page.
Trading and Logistics Services Agreement
This Trading and Logistics Services Agreement (the "Agreement") is entered into as of [the date specified in the invoice/receipt upon payment], (the "Effective Date") by and between Somoni General Trading LLC, a ("Company") with its principal place of business in Dubai, UAE, P.O.Box: 40254.
BACKGROUND:
WHEREAS, Somoni General Trading LLC is engaged in the business of trading and logistics services, including the transportation of goods through various routes via third parties, including those through the Islamic Republic of Iran and the Islamic Emirate of Afghanistan; and
WHEREAS, the Consumer desires to engage Somoni General Trading LLC's services for the transportation of goods, and Somoni General Trading LLC is willing to provide such services under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the premises and covenants contained herein, the parties agree as follows:
1. SERVICES:
Somoni General Trading LLC agrees to provide trading and logistics services, including the transportation of goods through designated routes, to the Consumer, and the Consumer agrees to engage Somoni General Trading LLC's services, subject to the terms and conditions of this Agreement.
2. PAYMENT:
The Customer is required to remit full payment for transportation services within the United Arab Emirates unless an alternative arrangement has been mutually agreed upon to facilitate payment in the destination country through a third-party agent designated by Somoni General Trading LLC.
This payment structure ensures a streamlined and efficient financial process, promoting a transparent and cooperative partnership between the Customer and Somoni General Trading LLC. The flexibility offered in selecting a designated third-party agent reflects our commitment to accommodating the unique preferences and operational requirements of our valued clientele.
By adhering to this payment arrangement, both parties contribute to the smooth execution of transactions, fostering a professional and mutually beneficial relationship. Somoni General Trading LLC appreciates your cooperation and looks forward to maintaining the high standards of service that define our commitment to excellence.
2. FORCE MAJEURE:
a. Somoni shall not be liable for any delay, loss, damage, or failure to perform its obligations under this Agreement if such delay, loss, damage, or failure is caused by events beyond Somoni General Trading LLC’s reasonable control, including but not limited to acts of terrorism, war, riots, strikes, natural disasters, governmental actions, and any other events that fall under the definition of ForceMajeure ("Force Majeure Events").
b. In the event of a Force Majeure Event, Somoni General Trading LLC shall promptly notify the Consumer via its social media platforms, including Whatsapp and Telegram, and shall use reasonable efforts to resume performance under this Agreement as soon as practicable.
c. If a Force Majeure Event continues for a period of 30 days, either party may terminate this Agreement by providing written notice via Email, Whatsapp, or Telegram to the other party.
3. RISK MITIGATION AND INSURANCE OBLIGATION:
a. The Consumer conscientiously recognizes and acknowledges that the transportation of goods through the territories of the Islamic Republic of Iran and the Islamic Emirate of Afghanistan inherently encompasses specific risks, encompassing, albeit not exhaustively, geopolitical uncertainties, regulatory fluctuations, and security considerations.
b. In light of the aforementioned risks, the Consumer is entrusted with the responsibility of procuring and sustaining suitable insurance coverage to safeguard against potential adversities. It is imperative to note that Somoni General Trading LLC bears no liability for any losses or damages arising from the aforementioned risks, as the Consumer has undertaken the prudent measure of securing adequate insurance coverage.
c. Somoni General Trading LLC is obliged to ensure that a suitable insurance policy covers the vessel used for the transportation of vehicles. However, it is expressly understood that personal insurance for the transported goods, including but not limited to vehicles, is the obligation of the Consumer. The Consumer is responsible for procuring and maintaining adequate insurance coverage to protect their interests in the event of any loss, damage, or unforeseen circumstances during transit.
By adhering to this arrangement, both parties fortify a framework of diligence and shared responsibility, contributing to the overall stability and reliability of our collaborative endeavors. Somoni General Trading LLC values the Consumer's commitment to risk management and anticipates a partnership founded on mutual understanding and foresight.
4. TRANSIT HUBS:
a. The Consumer astutely acknowledges the strategic role played by the Islamic Republic of Iran and the Islamic Emirate of Afghanistan as pivotal transit hubs facilitating access to the broader expanse of Central Asian states, including Tajikistan. It is duly recognized that any alterations, actions, or regulatory measures instituted by the authorities or entities governing these transit hubs may exert an influence on the associated transportation costs and logistical operations.
b. In adherence to a prudent risk-sharing approach, the Consumer agrees that, should there be any modifications in the legal, regulatory, or procedural frameworks governing the transit hubs, resulting in additional costs or delays, such financial implications and temporal extensions shall be assumed by the Consumer.
c. The Consumer acknowledges that, due to the national laws of the Islamic Republic of Iran and/or the Islamic Emirate of Afghanistan, only national companies have the legal authority to transport goods and prepare all necessary transit documentations within these territories. In instances where third-party companies are engaged for such services, they are explicitly liable for any damages caused to the vehicles during transportation through these regions. The Consumer agrees that, in adherence to the legal requirements of these jurisdictions, any claims arising from damages to vehicles during transit through the Islamic Republic of Iran and the Islamic Emirate of Afghanistan will be the responsibility of the engaged third-party companies.
d. Somoni General Trading LLC, committed to transparency and collaboration, undertakes to promptly communicate any alterations initiated by the transit hubs that may impact transportation costs or logistical operations. Both parties, in the spirit of cooperation and good faith, shall collaboratively address and mitigate the repercussions of such changes, fostering an environment of proactivity and shared responsibility.
By embracing these measures, a foundation is laid for a resilient and cooperative partnership wherein Somoni General Trading LLC and the Consumer jointly navigate the dynamic landscape of transit hub operations, ensuring a robust and adaptive approach to potential challenges.
5. INDEMNIFICATION:
The Consumer agrees to indemnify and hold Somoni General Trading LLC harmless from and against any and all claims, liabilities, losses, damages, and expenses, including reasonable attorneys' fees, arising out of or in connection with the transportation of goods through the Islamic Republic of Iran and the Islamic Emirate of Afghanistan, except to the extent caused by the gross negligence or willful misconduct of Somoni General Trading LLC.
6. DISPUTE RESOLUTION:
Any disputes, which are envisaged to be rare given the clarity of our commitments, shall be judiciously resolved through arbitration. This process shall be conducted in strict adherence to the rules of the esteemed UAE courts or the Dubai International Arbitration Centre (DIAC), reflecting our commitment to fair and impartial resolution mechanisms.
In the event of an arbitration award, the judgment rendered by the arbitrator(s) shall be duly recognized, and its enforcement may be pursued in any court possessing jurisdiction thereof. This provision not only ensures a swift resolution but also underlines our confidence in the judicious arbitration processes provided by the reputable legal entities within the United Arab Emirates.
By establishing this legal framework, both parties contribute to the creation of a secure and orderly business environment, fostering a professional relationship founded on transparency, accountability, and the highest standards of legal compliance.
In the event of disputes arising with third-party entities, including but not limited to companies or authorities in the Islamic Republic of Iran and the Islamic Emirate of Afghanistan, Somoni General Trading LLC reserves the right to seek assistance and cooperation from the Consumer in resolving such disputes. This may include providing necessary information, documentation, or participating in discussions aimed at reaching an amicable resolution. Both parties agree to collaborate in good faith to address and resolve any disputes efficiently, considering the unique legal and operational contexts of the involved jurisdictions.
7. ENFORCEMENT:
This Agreement shall be automatically enforced and become legally binding upon the Consumer's engagement in business activity with Somoni General Trading LLC, specifically when the Consumer requests the transportation or purchase of goods. By making such a request, the Consumer acknowledges and agrees to be bound by the terms and conditions outlined herein. This automatic enforcement is designed to streamline the initiation of our business relationship and ensures a prompt and efficient commencement of the agreed-upon trading and logistics services. Once the Consumer formally engages in business activity and requests the transportation of goods, all provisions of this Agreement shall take immediate effect and govern the rights and obligations of both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Trading and Logistics Services Agreement as of the Effective Date.