This Dispute Policy outlines the principles to help deal with disagreements, grievances fairly, promptly and to support Importers, Exporters, Logistics Service Providers, Insurance Service Providers, Customs Broker, and other associate involved parties to work together to resolve disputes and conflicts at a local level to ensure minimum disruption to the shipment delivery and to maintain a high level of morale and performance.
This document provides guidelines and criteria for required support, resolution, and the mitigation of disagreements and to help the parties to communicate and reach a solution concerning their dispute that is acceptable to both.
This Policy was last updated on February 22, 2021 and is effective between you and LogisEye as of the date of your acceptance of this Agreement.
“Dispute Resolution” is a term that refers to several processes that can be used to resolve a conflict, dispute, disagreements or claim, or other issues experienced during a shipment between two parties (Buyers & Sellers) on the LogisEye Site.
Disagreements can arise between the ‘Buyers’ and the ‘Sellers’ during the shipment lifecycle and after the shipment closure. We encourage our ‘Buyers’ and ‘Sellers’ to efficiently resolve these disagreements between themselves using our Omni-channel communication methods through an application on the platform. During the process of resolving any disagreements, ‘Sellers’ are requested to adjust any amounts directly through the system.
The guidelines and criteria for charge adjustments to any shipments are governed by LogisEye Pricing Policy. We would like our ‘Buyers’ and ‘Sellers’ to refer to this Dispute Policy whilst resolving a disagreement.
If for any reason the disagreement is not resolved between ‘Buyers’ and ‘Sellers’, the parties can submit a dispute case via LogisEye Dispute Form, available online on our platform.
Users by booking through LogisEye Site, have agreed to accept the Terms and Conditions of LogisEye and the LogisEye Dispute Policy as the guiding policy for the dispute process. Users will be asked to tick the acceptance button on the Dispute Form and agree to a decision taken by LogisEye on behalf of both parties.
The Users by signing into the LogisEye Site agree to the LogisEye Dispute Policy. Should the User choose to open a dispute with the ‘Sellers’ not in accordance with the Dispute Policy, the user is reminded that they have waived their right to a chargeback.
LogisEye reserves the right to request both the parties to take the dispute case off the Site and resolve the dispute through litigation in case of special circumstances such as unilateral actions taken up by any of the parties, or an extraordinary amount or circumstances arise including the type of dispute or amount of the disputed charges. In any other case, LogisEye will handle the dispute as outlined in this Dispute Policy and will abide by any ruling of a competent court of law for matters of the payment guarantee.
In case of a due payment that has been aging over 45 days, LogisEye will reach out to the ‘Buyers’ to clarify whether non-payment is a result of a dispute. If non-payment is not a result of a disputed amount, the outstanding debt will be automatically submitted for legal collection and the non-paying Buyers account will be disabled, with liability.
In case of disputes about duties, customs brokerage, or insurance the dispute will be managed according to the relevant dispute process with the appropriate third-party service provider.
In case of a chargeback situation, a dispute case will be automatically created for the charged back amount. If the chargeback was not warranted, LogisEye may disable the ‘Sellers’’ (Importer/Exporter)’s account.
For ‘Sellers’, a dispute is considered submitted at any point when LogisEye receives one of the submissions as mentioned above or if there is a chargeback up to 24 months after the shipment amount was charged to the ‘Buyer’s credit card.
Once a dispute case is submitted, both ‘Buyers’ and ‘Sellers’ will be provided with the opportunity to support their claims with evidence documentation. The LogisEye Team will reach out to both sides to manage the dispute resolution process.
The ‘Buyers’ is responsible to provide within a reasonable time the following documentation to support the disputed claim as needed according to the nature of the dispute:
After the LogisEye team receives a dispute claim from a Customer (Importer/Exporter), the team will reach out to the ‘Sellers’ and notify the ‘Sellers’ about the received dispute claim specifying:
In response to the notification the ‘Sellers’ shall be responsible to provide within a reasonable time to the LogisEye team all the following documentation to prove the validity of the disputed amount:
The LogisEye team’s inquiries should be responded to within a maximum period of 7 working days. Failure to receive sufficient response from either the ‘Sellers’ or from the ‘Buyer’ within the time frame, the LogisEye team shall reserve the right to decide in favor of the other party.
Once all the evidence is received, the LogisEye team shall review the documentation provided by both the parties and shall create a dispute summary which shall be inclusive of all the events regarding the shipment, the specifics of the disputed amount, the evidence submitted by both parties and the final decision.
The dispute summary document will be provided to both parties upon dispute closure. If additional information is necessary to decide the dispute case, the LogisEye team will reach out to the parties again for further clarification.
The LogisEye team will notify the ‘Buyers’ and the ‘Sellers’ of the outcome of the dispute process within 5 working days from the last evidence submission.
Please note that the decision in the dispute summary is final and binding, it cannot be reopened for a secondary review or subsequent dispute. LogisEye encourages both parties to submit substantial evidence during the dispute process to support their claim to secure a favorable outcome.
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