IMPORTANT — PLEASE READ CAREFULLY

These Terms and Conditions (‘Terms’) govern all services provided by Masar Logistics to clients. By requesting a quote, placing a booking, using our services, or continuing to use our website, you agree to be legally bound by these Terms. If you do not agree, please do not use our services.

Definitions

In these Terms and Conditions, the following words have the meanings given below:

 

‘Masar Logistics’ / ‘we’ / ‘us’

Masar Logistics, a logistics company registered in Iraq, with offices in Baghdad, Erbil, and Basra

‘Client’ / ‘you’

Any individual, company, or entity that requests or uses Masar Logistics services

‘Services’

All logistics, freight, transport, warehousing, fulfillment, procurement, and related services provided by Masar Logistics

‘Shipment’

Any cargo, goods, parcel, or consignment accepted by Masar Logistics for transport, handling, or storage

‘Booking’

A confirmed instruction from a Client for Masar Logistics to provide a Service

‘Quote’

A written or electronic price estimate provided by Masar Logistics for requested Services

‘AWB’

Air Waybill — the master document for air freight shipments

‘Bill of Lading’

The master document for sea freight shipments

‘CMR’

Road Consignment Note — the document for international road freight

‘COD’

Cash on Delivery — payment collected from the end customer at delivery on behalf of the Client

‘Dangerous Goods’

Items classified as hazardous under IATA Dangerous Goods Regulations (for air) or IMDG Code (for sea)

‘Force Majeure’

Events beyond reasonable control

‘Subcontractor’

Any third-party carrier, agent, warehouse, or service provider engaged by Masar Logistics to perform part of a Service

Our Services

Masar Logistics provides the following categories of service, subject to these Terms:

  • Air Freight — domestic and international air cargo shipping
  • Sea Freight — FCL and LCL container shipping via Umm Qasr Port
  • Land Transport — inland trucking and cross-border road freight
  • Warehousing & Storage — managed warehouse facilities in Baghdad, Erbil, and Basra
  • E-Commerce Fulfillment — pick, pack, last-mile delivery, COD management, and returns
  • Procurement Services — supplier sourcing, purchasing, quality control, and shipping management
  • Customs Clearance — import and export customs brokerage at Iraqi ports, airports, and borders

The specific scope, pricing, and conditions for each Service shall be as agreed in the relevant Quote, Booking confirmation, or Service Agreement between Masar Logistics and the Client.

 

Quotes, Bookings & Pricing

Quotes

All Quotes issued by Masar Logistics are:

  • Valid for 3 business days from the date of issue unless otherwise stated
  • Based on the cargo details provided by the Client any change to cargo weight, dimensions, type, or route may result in a revised quote
  • Subject to availability of space on flights, vessels, or trucks at the time of booking
  • Exclusive of Iraqi customs duties, taxes, levies, and port/airport charges unless explicitly stated as included

Booking Confirmation

A Booking becomes binding when the Client provides written confirmation (by email, WhatsApp, or formal Purchase Order) and Masar Logistics confirms acceptance. Verbal bookings are not binding until confirmed in writing by both parties.

Pricing and Surcharges

All prices are in US Dollars (USD) or Iraqi Dinars (IQD) as specified in the Quote. The following additional charges may apply and are not always included in the original Quote:

  • Fuel surcharge — fluctuates with fuel prices and airline/carrier policies
  • Currency surcharge — where exchange rates move significantly after Quote
  • Peak season surcharge — during high-demand periods
  • Waiting time charge — where vehicles or staff are delayed due to Client unavailability
  • Storage or demurrage — if cargo remains at port, airport, or warehouse beyond free time
  • Additional customs duties or levies imposed by Iraqi or foreign authorities
  • COD failed delivery charge — where delivery attempts are unsuccessful due to Client’s customer

Price Changes

Masar Logistics reserves the right to adjust pricing for ongoing contracts to reflect changes in fuel costs, carrier rates, currency fluctuations, or new government charges. We will provide a minimum of 14 days’ notice of any pricing changes for regular or contracted services.

 

Payment Terms

General Payment Terms

  • Payment is due within the period specified on the invoice — typically 7 to 30 days from invoice date depending on the agreed credit terms
  • New clients are required to pay in advance until a credit account is established
  • Invoices not paid by the due date are subject to a late payment charge of 2% per month on the outstanding amount
  • Masar Logistics reserves the right to suspend services to any Client with overdue invoices until payment is received
 

Cargo Acceptance & Prohibited Goods

Client’s Responsibility for Cargo Information

The Client is solely responsible for ensuring that:

  • All information provided about the cargo is accurate — description, weight, dimensions, value, and HS code
  • All cargo is properly and legally packaged for its mode of transport
  • All required export and import documents are complete, correct, and provided to Masar Logistics in advance
  • The cargo complies with all applicable Iraqi laws and the laws of the origin and destination country

Masar Logistics shall not be liable for delays, losses, fines, or additional costs resulting from inaccurate or incomplete cargo information or documentation provided by the Client.

Prohibited Goods

Masar Logistics will not accept the following goods under any circumstances:

  • Narcotics, illegal drugs, and controlled substances
  • Weapons, firearms, ammunition, and explosive materials — unless under specific government contract with all permits
  • Counterfeit goods or goods that infringe intellectual property rights
  • Goods subject to international sanctions applicable to Iraq
  • Human remains, live animals (unless under specific licensed arrangement)
  • Pornographic or illegal content
  • Any goods the carriage or import of which is prohibited under Iraqi law

Dangerous Goods

Dangerous goods (as classified by IATA Dangerous Goods Regulations for air freight or the IMDG Code for sea freight) will only be accepted if:

  • The Client declares the goods in full prior to booking
  • All required Dangerous Goods declarations and certifications are provided
  • The goods are properly classified, packaged, labelled, and marked in accordance with applicable regulations
  • Masar Logistics has confirmed in writing that it can accept the specific dangerous goods for the specific mode of transport

Undeclared dangerous goods discovered during handling or transport may be removed, destroyed, or handed to authorities without liability to Masar Logistics.

 

Liability — Loss, Damage & Delay

General Liability

Masar Logistics acts as a freight forwarder and logistics service provider. Where Masar Logistics arranges carriage by third-party carriers (airlines, shipping lines, trucking companies), our liability is limited to that of a freight forwarder, not a carrier. The liability of the actual carrier is governed by their own conditions and applicable international conventions.

Air Freight Liability

For air freight, liability for loss or damage to cargo is governed by the Warsaw Convention (as amended by the Montreal Protocol) or the Montreal Convention 1999 (where applicable). Masar Logistics’ liability as freight forwarder is limited to the applicable convention limits — currently approximately 19 SDR per kilogram under the Montreal Convention.

Sea Freight Liability

For sea freight, liability is governed by the Hague-Visby Rules or the relevant Bill of Lading conditions of the shipping line. Masar Logistics as freight forwarder does not assume the liability of the shipping line.

Road Freight Liability

For cross-border road freight, liability may be governed by the CMR Convention where applicable. For domestic Iraqi road transport, liability is governed by Iraqi civil law. Masar Logistics’ liability for loss or damage during inland transport is limited to the documented commercial value of the goods, subject to a maximum cap agreed in the service contract.

Warehousing Liability

Masar Logistics is liable for loss or damage to goods while in our warehouse that is directly caused by our negligence or that of our staff. We are not liable for:

  • Damage caused by inherent vice or defect in the goods
  • Damage caused by the Client’s own packing defects
  • Consequential losses lost profits, lost sales, or business interruption

Limitation of Liability — Maximum Amounts

To the maximum extent permitted by Iraqi law, Masar Logistics’ total liability for any single claim  whether in contract, tort, or otherwise, shall not exceed:

  • For lost or damaged cargo: the documented commercial invoice value of the lost or damaged goods, subject to any lower limit set by applicable international convention
  • For delay claims: the freight charges paid for the delayed shipment

Masar Logistics shall not be liable under any circumstances for indirect, consequential, punitive, or special damages including but not limited to lost profits, loss of business opportunity, loss of market, or reputational damage.

Claims Procedure

All claims for loss, damage, or delay must be made in writing as follows:

  • Visible damage at delivery — must be noted on the delivery receipt at the time of delivery and reported to Masar Logistics in writing within 3 business days
  • Concealed damage — must be reported in writing within 7 business days of delivery
  • Loss — must be reported within 14 days of the expected delivery date
  • Delay claims — must be made in writing within 21 days of actual delivery

Claims made outside these timeframes may not be accepted. All claims must be supported by documentary evidence including the original invoice, packing list, and damage/loss report.

Cargo Insurance

Masar Logistics does not automatically provide cargo insurance for shipments. The liability limits described in Clause 6 may be significantly lower than the commercial value of your goods.

We strongly recommend that all Clients arrange all-risk cargo insurance for their shipments. Masar Logistics can arrange cargo insurance on the Client’s behalf at an additional cost — please request this at the time of booking. If you decline insurance and the goods are lost or damaged, your compensation will be limited to the applicable convention or contract liability limits described in Clause 6.

Where Masar Logistics arranges insurance on behalf of the Client, the insurance policy terms and conditions of the relevant insurer shall apply. The Client remains responsible for providing accurate cargo values for insurance purposes.

 

Customs, Import/Export Compliance & Documentation

Client’s Customs Responsibility

The Client is the importer or exporter of record and is solely responsible for ensuring that all goods comply with the import and export laws of Iraq and the relevant foreign country. This includes:

  • Obtaining all required import licenses, permits, and certificates
  • Ensuring goods are not subject to sanctions, embargoes, or import restrictions
  • Paying all applicable customs duties, taxes, and levies
  • Providing accurate and complete customs documentation to Masar Logistics in advance of shipment

Masar Logistics Customs Services

Where Masar Logistics provides customs brokerage services, we act as the Client’s agent in submitting customs declarations. We rely on the information and documents provided by the Client. The Client authorises Masar Logistics to act on their behalf for customs purposes and indemnifies us against any penalties, fines, or costs resulting from inaccurate or incomplete information provided by the Client.

Customs Delays and Inspections

Masar Logistics shall not be liable for delays caused by customs inspection, customs holds, or requests for additional documentation by Iraqi customs or foreign customs authorities. Any additional costs arising from customs holds, inspections, or examinations are payable by the Client.

 

Delivery Terms

Delivery Address

The Client is responsible for providing a complete and accurate delivery address. In Iraq, where formal postal addresses may not exist, the Client must provide sufficient location information (district, landmark, phone number) to enable successful delivery. Masar Logistics is not liable for failed deliveries caused by incomplete or inaccurate address information.

Delivery Attempts

For e-commerce fulfillment deliveries, our standard process includes up to three delivery attempts before an order is returned to the warehouse. The Client’s customer will be contacted by phone and/or WhatsApp prior to each delivery attempt.

Delivery Timeframes

Any transit times or delivery dates provided by Masar Logistics are estimates only — not guaranteed delivery dates. Transit times may be affected by customs clearance, carrier delays, weather conditions, road conditions, border congestion, or Force Majeure events. Masar Logistics shall not be liable for losses resulting from delayed delivery unless a guaranteed delivery date has been expressly agreed in writing.

Proof of Delivery

Delivery is confirmed by a signed delivery note, photo proof, or electronic delivery confirmation depending on the service type. Proof of delivery records are retained for 12 months and can be provided to the Client on request.

 

Warehousing & Storage Terms

Storage Period

Goods are stored for the period agreed in the warehousing contract or service agreement. After the agreed storage period, continued storage is subject to additional charges. If goods are not collected within 90 days after written notice that the storage period has expired, Masar Logistics reserves the right to arrange disposal of the goods and recover any outstanding charges from the proceeds.

Inventory Accuracy

Masar Logistics maintains inventory records using a warehouse management system. The Client acknowledges that minor stock variances within a tolerance of 0.5% may occur and Masar Logistics shall not be liable for variances within this tolerance. Discrepancies beyond this tolerance will be investigated and reported within 5 business days.

Access to Warehouse

Clients may visit their stored goods at our warehouse facilities by prior appointment only. Unannounced visits cannot be accommodated. A minimum of 48 hours’ notice is required. Access is permitted during normal business hours — Sunday to Thursday, 9:00am to 5:00pm Iraq time.

Client’s Obligations for Warehousing

  • Goods must be properly labelled and packaged before delivery to our warehouse
  • The Client must provide an accurate packing list before or at the time of delivery
  • Hazardous or restricted goods must be declared in advance, we reserve the right to refuse storage
  • The Client is responsible for maintaining adequate cargo insurance on stored goods
 

E-Commerce Fulfillment Specific Terms

Order Accuracy

Masar Logistics will fulfill orders based on the information provided by the Client. The Client is responsible for ensuring that order details — product, quantity, customer address, and COD amount — are accurate. Masar Logistics is not responsible for fulfillment errors resulting from incorrect order information submitted by the Client.

Return Rate

The Client acknowledges that Iraq has a high e-commerce return rate. Masar Logistics manages returns professionally but cannot guarantee delivery success rates. Failed deliveries due to customer unavailability, incorrect address, or customer refusal are the responsibility of the Client’s end customer relationship and are not grounds for refund of Masar Logistics service fees.

COD Risk

Masar Logistics takes reasonable care in COD collection. However, in rare cases of force majeure, theft, or other circumstances beyond our control, COD amounts may not be recovered. Masar Logistics’ liability for unrecovered COD shall be limited to proven cases where our staff negligence can be demonstrated. We maintain internal controls and reconciliation processes to minimise COD risk.

 

Procurement Services Specific Terms

Supplier Relationships

When Masar Logistics provides procurement services — sourcing suppliers and purchasing goods on behalf of the Client — we act as the Client’s purchasing agent. The Client is the legal buyer of the goods. Masar Logistics acts in good faith to find suitable suppliers and negotiate reasonable prices, but does not guarantee specific pricing, product availability, or supplier performance.

Quality Control

Where the Client requests quality inspection before shipment, Masar Logistics will conduct or arrange a reasonable visual inspection at the source. However, Masar Logistics does not provide engineering, technical, or laboratory certification services. Quality inspection by Masar Logistics does not replace the Client’s own quality assurance obligations.

Supplier Disputes

Disputes with overseas suppliers including product defects, wrong specifications, or non-delivery are primarily between the Client and the supplier. Masar Logistics will support the Client in documenting and communicating claims to suppliers but cannot guarantee resolution or financial recovery from foreign suppliers.

Intellectual Property

All content on the Masar Logistics website including text, images, logos, brand identity, and service descriptions is the property of Masar Logistics and is protected by applicable intellectual property laws. You may not copy, reproduce, distribute, or use any of our content without prior written permission.

Clients who request branded packaging, labels, or custom printed materials confirm that they own or have the right to use all brand names, logos, and designs they ask us to apply. The Client indemnifies Masar Logistics against any intellectual property claims arising from branded materials provided by the Client.

Confidentiality

Both parties agree to keep confidential all non-public commercial information shared during the course of the business relationship — including pricing, operational details, client lists, supplier relationships, and trade information. This obligation survives termination of the service relationship for a period of 3 years.

Masar Logistics will not disclose Client information to third parties except as required to perform the contracted services, comply with legal obligations, or as described in our Privacy Policy.

 

Termination of Services

Termination by Client

The Client may terminate an ongoing service contract by giving written notice of not less than 30 days, unless the service contract specifies a different notice period. Cancellation of individual bookings already in progress may incur cancellation charges depending on the stage of the booking, charges will be communicated at the time of cancellation request.

Termination by Masar Logistics

Masar Logistics may terminate or suspend services with immediate effect if:

  • The Client fails to make payment by the due date and does not remedy the default within 7 days of written notice
  • The Client provides false or misleading information about cargo or their business
  • The Client requests services that would breach Iraqi law or international regulations
  • The Client’s conduct is abusive, threatening, or harmful to Masar Logistics staff
  • Continuing the service would expose Masar Logistics to regulatory or legal risk

Effect of Termination

On termination, all outstanding invoices become immediately due. Masar Logistics will release any cargo or stored goods to the Client after all outstanding amounts are paid in full. Client data will be retained for the periods set out in the Privacy Policy.

Subcontracting

Masar Logistics reserves the right to subcontract all or part of any service to third-party carriers, agents, warehouse operators, customs brokers, and service providers as necessary to perform the service. We take reasonable care in selecting subcontractors but our liability for their acts or omissions is limited to what we can recover from them in the event of a claim. The Client’s contract remains with Masar Logistics — not with any subcontractor.

Force Majeure

Masar Logistics shall not be liable for any failure or delay in performing its obligations where that failure or delay results from circumstances beyond our reasonable control, including but not limited to:

  • Acts of God — floods, earthquakes, extreme weather, natural disasters
  • War, armed conflict, civil unrest, terrorism, or security incidents
  • Government actions — embargoes, sanctions, border closures, or quarantine orders
  • Strikes, industrial action, or labour disputes affecting carriers or ports
  • Port or airport congestion, vessel or aircraft delays beyond our control
  • Cyber attacks or system failures affecting carrier or government systems
  • Pandemic or epidemic — affecting operational capability or travel

In a Force Majeure event, Masar Logistics will notify the Client as soon as possible, take all reasonable steps to minimise the impact, and resume services when conditions permit. If Force Majeure continues for more than 60 days, either party may terminate the affected service by written notice without penalty.

 

Dispute Resolution

Informal Resolution

In the event of a dispute arising from or related to these Terms or our services, both parties agree to first attempt to resolve the dispute informally by direct negotiation between senior representatives within 14 days of the dispute being raised in writing.

Formal Dispute Resolution

If the dispute is not resolved informally within 14 days, either party may refer the matter to:

  • Mediation — a neutral mediator agreed by both parties
  • Arbitration — under the rules of the Baghdad Chamber of Commerce and Industry or another mutually agreed arbitration body
  • Litigation — in the competent courts of the Republic of Iraq as described in Clause 19

Governing Law and Jurisdiction

These Terms and Conditions are governed by and shall be construed in accordance with the laws of the Republic of Iraq — including the Iraqi Civil Code (Law No. 40 of 1951 as amended), Iraqi Commercial Code, and applicable international conventions (Warsaw/Montreal Convention for air, Hague-Visby Rules for sea, CMR Convention for road freight where applicable).

For services provided within the Kurdistan Region of Iraq, the applicable laws of the Kurdistan Regional Government also apply where they differ from Federal Iraqi law.

 

General Provisions

Entire Agreement

These Terms, together with any signed service contract, quote acceptance, or booking confirmation, constitute the entire agreement between Masar Logistics and the Client in relation to the services. They supersede all previous agreements, understandings, and representations.

Amendments

Masar Logistics may amend these Terms at any time by posting an updated version on our website. For existing contracted clients, material changes will be notified by email with 30 days’ notice. Continued use of our services after the effective date of changes constitutes acceptance.

Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a competent court, that provision shall be severed and the remaining provisions shall continue in full force and effect.

Waiver

Masar Logistics’ failure to enforce any provision of these Terms on any occasion shall not constitute a waiver of that provision or any right to enforce it on a future occasion.

Assignment

The Client may not assign or transfer their rights or obligations under these Terms without the prior written consent of Masar Logistics. Masar Logistics may assign its rights and obligations in connection with a merger, acquisition, or restructuring of the business.

Language

These Terms are issued in English. A translated Arabic version may be made available for reference. In the event of any inconsistency between the English and Arabic versions, the English version shall prevail.