By submitting a booking, utilizing the Company’s Services (as defined herein),
or engaging in any related activities, you (here in after referred to as the “Customer”) agree on your behalf and,
where applicable, on behalf of any party with an interest in the Shipment, including the sender, recipient,
or their agents, that these Terms and Conditions shall apply. By engaging with the Company,
you acknowledge and accept all terms herein and agree to be bound by them.
These terms govern the responsibilities, liabilities, and rights of all parties involved in
the booking, shipment, and delivery processes.
-
Definitions
-
In these Terms and Conditions, unless the context requires otherwise:
- “Account” means an electronic or physical account created by the Customer with the Company to facilitate access to the services provided;
- “Authorities” means any government, semi-government, or other relevant regulatory or governing bodies in the applicable jurisdiction, including customs authorities, regulatory agencies, and law enforcement bodies;
- “Company” means SOUTH PACIFIC LOGISTICS SDN BHD [Company Registration No.: 200601014759 (734511-M)];
- “Company’s Affiliate” means any entity that is associated with the Company in providing services, including but not limited to third-party service providers such as courier companies, delivery companies, drop-off location operators, or other partners engaged by the Company to assist in fulfilling the Services provided to the Customer;
- “Customer” means the individual or entity who creates an Account with the Company to utilize the logistics services provided herein;
- “Drop-off Location” means the location designated by the Company for the receipt of Parcels;
- “Goods” means the tangible items contained within a Parcel, which may include personal belongings, commercial products, documents, or any other items lawfully permitted for transport under applicable laws and the Company’s policies;
- “Order Number” means a unique identifier issued by the Company upon confirmation of a booking made by the Customer;
- “Parcel” means a package or container prepared for transportation by the Customer, containing Goods;
- “Services” means the facilitation of transportation and delivery of Parcels from one location to another, including any associated logistics processes as provided by the Company from time to time;
- “Shipment” means a collection of one or more Parcels grouped for transportation under a single logistics arrangement.
-
Interpretation
-
In these Terms and Conditions, unless the context requires otherwise:
- the headings and sub-headings used in these Terms and Conditions are included for convenience only and shall not affect the interpretation or meaning of any provisions;
- words expressed in the singular include their plural counterparts and vice versa;
- words referring to any gender include all genders, unless the context specifically requires otherwise;
- references to agreements, documents, or instruments include any future amendments, modifications, or supplements to such agreements, documents, or instruments;
- the term “including” shall be construed as “including, but not limited to,” and does not limit the scope of the terms preceding it;
- references to statutes, statutory provisions, regulations, or laws include future amendments, modifications, re-enactments, or extensions of such statutes, provisions, regulations, or laws, as well as any related orders, regulations, or instruments effective at the time;
- in the event of any conflict or inconsistency between these Terms and Conditions and any other referenced documents or agreements, these Terms and Conditions shall prevail unless the Company explicitly states otherwise;
- these Terms and Conditions represent the complete and exclusive agreement between the parties concerning the subject matter and supersede all prior or contemporaneous agreements, understandings, representations, or warranties, whether written or verbal;
- these Terms and Conditions is drafted in English langugae. In the event of discrepancies between the English version and any translated versions, the English version shall govern.
-
Bookings
- To create an order, the Customer must register an Account with the Company and use this Account to create an order or for booking purposes. The Account may be created by individuals or corporate entities. The Customer warrants and represents that all Account details are accurate, complete, and up-to-date, including their name and all necessary information such as passport number or NRIC number (for individuals), business registration number (for corporate bodies), email address, correspondence address, contact number, and billing addresses.
- By submitting a booking, the Customer warrants and represents that all information provided to the Company, including but not limited to details of the recipient (name, contact information, and address), the destination country, the declared value, description, and nature of the Goods, and any required documentation, is true, accurate, complete, and lawful. The Customer further warrants and represents that the Goods comply with all applicable laws and regulations, including customs, export, and import laws; that the Customer has the legal right to ship the Goods; that no third party has any conflicting rights or claims over them; and that any required permits, licenses, or documentation for the transportation or delivery of the Goods are valid and sufficient.
- The Company shall not be liable for any delays, additional charges, cancellations, or other consequences arising from inaccuracies, omissions, or errors in the Account details or booking information provided by the Customer. The Customer shall indemnify and hold the Company harmless from any claims, damages, or expenses arising from such inaccuracies, omissions, or errors.
- All orders or bookings are subject to confirmation by the Company, which reserves the right to reject any booking at its discretion. Confirmation of the booking will be sent to the Customer via the registered email address associated with their Account. Upon confirmation, the Company will provide the Customer with a unique Order Number. No contract shall be formed between the Customer and the Company until the Company has issued a booking confirmation.
- The Customer is responsible for ensuring the registered email address is valid and regularly monitored. Failure to receive the confirmation due to an incorrect email address does not absolve the Customer of their obligations under these Terms and Conditions.
- The Company may require further information or documents to process the bookings, which will be communicated to the Customer through the registered email address. By submitting such information or documents, the Customer warrants and represents that the details provided are accurate, complete, and lawful. Failure or delay to provide such further information shall result in the delay or cancellation of the booking, and the Customer shall be liable for any consequences arising from such delay or cancellation.
-
Packaging and Labelling
- The Customer is responsible for ensuring that all Goods are securely and appropriately packed using durable and high-quality materials to protect them during transit. Packaging must prevent movement or damage and include sturdy boxes, cushioning materials such as bubble wrap or foam, and secure sealing materials like packing tape.
- The Customer must comply with any packaging guidelines or requirements issued by the Company, including limitations on weight, dimensions, and specific materials or techniques for certain types of Goods. Packaging that exceeds these limits or fails to meet the Company’s guidelines may be rejected or incur additional charges.
- The Customer must ensure that all required documentation, including customs declarations, invoices, and packing lists, is included and securely attached or enclosed with the Parcel, as specified by the Company or applicable laws.
- The Company shall not be liable for any loss, damage, destruction, breakage, leakage, or other adverse consequences resulting from improper, insufficient, or inadequate packaging or documentation provided by the Customer. The Customer assumes all risks associated with the packaging and labelling of the Goods and indemnifies the Company against any claims, liabilities, or damages arising from non-compliance with these requirements.
-
Drop-off/ Collection
- The Customer must deliver the Parcel(s) to the designated Drop-off Location specified by the Company within the timeline or scheduled time communicated by the Company. Alternatively, the Customer may request pick-up or collection services from the Company, which are subject to the Company’s discretion and availability. Failure to comply with the delivery or pick-up arrangements may result in the cancellation of the booking or rejection of the Parcel(s) at the Company’s discretion.
-
The Customer must ensure that the actual weight, dimensions, and other details of the Parcel(s) align with the information provided at the
time of booking. If any discrepancies are identified between the declared and actual weight, dimensions, or other details:
- the Company may adjust the charges to reflect the actual measurements or details, and the Customer agrees to pay any additional fees arising from such adjustments;
- the Company may reject the Parcel(s) if the actual measurements exceed allowable limits or fail to comply with the Company’s policies; or
- the Company may suspend further processing of the Parcel(s) until the Customer rectifies the discrepancies to the satisfaction of the Company.
- The Company, or its authorized agents or nominees, reserves the right to inspect Parcel(s) during the drop-off or pick-up process to verify
compliance with these Terms and Conditions, the Company’s policies, and applicable laws. The Company may, at its discretion:
- reject any Parcel that fails to meet these Terms and Conditions, the Company’s policies, or legal requirements;
- hold the Parcel(s) pending the Customer’s provision of additional documentation or corrective actions; or
- take any other necessary action to ensure compliance.
- The Customer must ensure all required documentation, including but not limited to customs declarations, invoices, and packing lists, is accurate, complete, and securely attached or enclosed with the Parcel(s). The Company may refuse to accept or process Parcel(s) with incomplete or inaccurate documentation.
- Upon acceptance of the Parcel(s), whether at the Drop-off Location or during pick-up, the Company will issue a receipt confirming the delivery. The Customer is responsible for retaining this receipt as proof of delivery to the Company. This receipt may be required to resolve any claims, disputes, or inquiries related to the shipment. Failure to produce the receipt when required may result in the denial of claims or other actions as deemed appropriate by the Company.
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Deliveries, Undeliverable Parcels, and Routing
-
Delivery timeframes provided by the Company are estimates and not guarantees.
While the Company will make reasonable efforts to deliver Parcel(s) within the estimated timeframes,
it shall not be liable for delays caused by customs procedures, weather conditions, operational disruptions,
traffic or transport conditions, or any other unforeseen circumstances beyond the Company’s control.
-
The Company will provide tracking information to the Customer to monitor key milestones, such as dispatch,
transit, and delivery. Tracking updates are based on available data and may not reflect real-time conditions or the actual status of the Parcel(s).
The Company does not warrant the accuracy, completeness, or timeliness of tracking information and shall not be liable for errors,
omissions, or discrepancies in the tracking data provided.
-
If delivery is unsuccessful due to reasons such as recipient unavailability, incorrect or incomplete address information,
or other factors beyond the Company’s control, the Company may, at its discretion:
- attempt re-delivery;
- arrange for the Parcel(s) to be collected by the recipient from a designated pickup location; or
- return the Parcel(s) to the Customer at the Customer’s expense, subject to applicable terms and charges.
-
If a Parcel is deemed undeliverable, the Customer remains obligated to pay all fees, charges, or costs associated
with the transport, attempted delivery, and any other Services provided, including customs duties, taxes, and associated fees,
in accordance with these Terms and Conditions. If return is not possible, the Company may dispose of the Parcel in accordance
with applicable laws after making reasonable efforts to contact the Customer via the registered email address or other contact
details provided. Disposal costs shall also remain the Customer’s responsibility.
-
The Company shall not be liable for any delays, losses, or damages arising from the Customer’s provision of incorrect or incomplete
address details. The Customer is solely responsible for ensuring that all address information is accurate and complete.
-
The Company retains sole discretion to determine the routing, transportation methods, and delivery schedules for Parcel(s).
Unless otherwise agreed in writing, the Company will select arrangements it deems suitable based on operational requirements.
-
The Company may use subcontractors or other carriers to fulfill its delivery obligations. While the Company remains responsible
for the coordination of the shipment, the Customer acknowledges that certain services may be performed by third parties.
-
The Company reserves the right to adjust the routing, transportation method, or delivery schedule in response to changing conditions,
such as weather, regulatory requirements, or operational needs. The Customer accepts that such adjustments are operationally necessary
and do not constitute a breach of these Terms and Conditions.
-
Payment Terms
-
The fees for the Company’s Services shall be calculated based on the weight, volume, destination, and any additional
services requested by the Customer. The applicable fees shall be communicated to the Customer at the time of booking
and shall be binding upon confirmation.
-
The Customer acknowledges that additional charges may apply for special handling requirements, oversized Parcel(s),
customs duties, taxes, or services not encompassed within the standard fee structure. Such additional charges shall be
notified to the Customer at the time of booking.
-
Any promotional rates or volume discounts offered by the Company shall be subject to the Company’s terms and conditions.
The Company reserves the right to modify or withdraw such offers at its sole discretion without prior notice.
-
Unless otherwise agreed in writing, payment for the Company’s Services shall become due and payable upon the
Shipment’s arrival at the destination country. The Company shall issue an itemized invoice detailing all applicable fees,
charges, and costs in connection with the Services, including base fees, additional services, customs duties, taxes,
storage charges, and any other costs incurred.
-
The Customer shall remit payment in full upon receipt of the invoice. The Company reserves the right to withhold
delivery or suspend Services in the event of non-payment or delay in payment by the Customer.
-
Payments not received within the specified terms shall be deemed overdue. The Company reserves the right to impose late
fees or interest on overdue amounts, as specified in the invoice. Additionally, storage fees may be levied for Shipments
retained in the Company’s possession due to non-payment. All such charges shall be borne by the Customer.
-
The Company shall be entitled to initiate legal proceedings or engage debt collection agencies to recover any outstanding amounts.
The Customer agrees to indemnify the Company for all costs and expenses incurred in the recovery of such amounts, including legal
fees (on solicitor-client basis) and administrative costs.
-
7.8.The Company may, at its discretion, require a deposit from the Customer for certain bookings or services. After confirmation and
the deposit is received, the deposit shall be forfeited if the Customer cancels the booking or service, unless otherwise agreed in
writing with the Company, or if the Company cancels or refuses the booking or service due to the Customer’s default or non-compliance
with these Terms and Conditions. Circumstances leading to forfeiture include, but are not limited to, the Customer’s failure to provide
accurate, complete, or lawful information; refusal or failure to deliver the Parcel(s) to the designated Drop-off Location or make them
available for pick-up; refusal or failure to accept delivery; non-payment of fees associated with the Services; non-compliance with legal
or regulatory requirements; attempting to ship Goods prohibited by law or the Company’s policies; or submission of fraudulent or falsified
documentation. If the booking or service is cancelled by the Company for reasons beyond the Customer’s control, the deposit shall be refunded
in full, unless otherwise specified in these Terms and Conditions. Failure to remit the deposit within the specified timeframe may result
in the cancellation of the booking or delays in the provision of Services, for which the Company shall not be liable.
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Payment Terms
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The Customer shall not include in any Parcel any Goods that are prohibited under applicable laws, regulations,
international treaties, or the Company’s policies. Prohibited Goods include, but are not limited to:
-
illegal substances, including narcotics, counterfeit products, and other contraband items;
-
hazardous materials, including explosives, flammable substances, toxic chemicals, and radioactive materials,
or substances classified as hazardous under international transport regulations;
-
weapons and ammunition, including firearms, weapon replicas, and components thereof;
-
human remains, including ashes, anatomical specimens, or body parts;
-
high-value items, such as jewelry, precious stones, cash, negotiable instruments,
or items of significant monetary value, unless expressly agreed in writing;
-
perishable items, wet food, live animals, insects, and other living organisms;
-
dangerous Goods as defined by applicable transport standards, including corrosive substances,
compressed gases, and regulated batteries exceeding permissible limits.
-
The Customer is solely responsible for reviewing and ensuring compliance with all applicable laws,
regulations, and the Company’s policies regarding the inclusion of Goods in any Parcel. The Customer
represents and declares at the time of booking or delivering the Parcel that the contents do not
include any Prohibited Goods as defined herein.
-
Certain items, while not prohibited, may be subject to restrictions and require prior written consent
from the Company or additional documentation to ensure compliance with applicable laws and regulations.
The Company reserves the right to amend or update the list of Prohibited Goods at its sole discretion,
with or without prior notice to the Customer.
-
Prohibited Goods shall not be included in any Parcel under any circumstances. Any Parcel found to contain
Prohibited Goods may be rejected, returned, disposed of, or reported to the relevant authorities as outlined
in Section 10: Handling of Non-Compliant Goods.
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Goods Requiring Special Declarations and Licenses
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Certain Goods, by their nature or quantity, may require special declarations, approvals, consents,
licenses, or permits before they can be transported or enter the destination country. The Customer
bears full responsibility for determining whether their Goods fall under such requirements and for
procuring the necessary documentation. The Customer must verify whether their Goods are subject to
restrictions or require special handling procedures in both the origin and destination countries and
ensure compliance with applicable customs regulations, import/export controls, and transport standards.
-
The Customer is solely responsible for obtaining and maintaining all necessary permits, licenses, approvals,
and declarations required for the shipment of Goods requiring special conditions or declarations.
All documentation must be accurate, complete, and compliant with the laws and regulations of the origin,
transit, and destination countries. The Customer must ensure that required documents are provided to the
Company during booking, at the time of Parcel drop-off at a location designated by the Company, and promptly
upon request by the Company or any regulatory authority during transit or inspection.
-
The Company may, at its discretion, assist the Customer in preparing, reviewing, or submitting documentation required
for Goods requiring special conditions or declarations upon request by the Customer. Such assistance, whether provided
with or without a fee, shall be communicated to the Customer in advance, including applicable terms. Regardless of whether
assistance is provided, the Company makes no guarantees or warranties regarding:
-
the accuracy, completeness, or adequacy of any documentation prepared, reviewed, or submitted;
-
the approval, acceptance, or processing of such documentation by customs authorities, regulatory agencies, or other relevant entities.
-
The Customer remains solely responsible for ensuring that:
-
all documentation complies with applicable laws and regulations;
-
any corrections, clarifications, or additional submissions required by authorities are promptly addressed.
-
If the Goods are deemed non-compliant with the requirements outlined in this section, including due to the nature
or quantity of the Goods, the Company reserves the right to take appropriate action as specified in Section 10:
Handling of Non-Compliant Goods, including but not limited to rejection, return, disposal, or reporting to the
relevant authorities. The Customer shall bear all costs, fines, or penalties associated with such actions.
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Customs Clearance
-
The Customer must provide accurate, complete, and timely documentation required for customs clearance,
including but not limited to customs declaration forms, commercial invoices, packing lists, and any licenses,
permits, approvals, or consents where applicable. Such documentation must comply with the laws and regulations of the origin,
transit, and destination countries and be provided to the Company during booking, at the time of Parcel drop-off,
or promptly upon request by the Company or customs authorities during transit or inspection.
-
The Company may, at its discretion, facilitate the customs clearance process for Parcel(s) upon request by the Customer.
Such facilitation may include preparing and submitting necessary documentation, liaising with customs authorities,
and ensuring compliance with applicable laws and regulations. This service, whether provided with or without a fee,
shall be communicated to the Customer in advance, including applicable terms. Regardless of whether facilitation is provided,
the Company makes no guarantees or warranties regarding:
-
the accuracy, completeness, or adequacy of any documentation prepared, reviewed, or submitted;
-
the approval, acceptance, or processing of such documentation by customs authorities or other relevant entities.
-
The Customer is responsible for addressing any requests from customs authorities or regulatory agencies,
including providing additional documentation, corrections, or clarifications. Any delays, penalties, or additional
costs arising from such requests shall be borne solely by the Customer.
-
The Customer is responsible for all customs duties, taxes, and associated fees. The Customer must ensure prompt payment
of all duties, taxes, and fees to avoid delays, penalties, confiscation of the Goods, or other adverse consequences.
If customs authorities assess additional charges due to misdeclaration, under-declaration, or other inaccuracies,
the Customer shall be fully liable for such charges and any resulting penalties or costs. Where a third party is designated
to pay duties, taxes, or fees, the Customer remains liable if the designated third party fails to pay. The Company reserves
the right to withhold delivery, return the Parcel to the Customer at their expense, suspend transport, or forfeit any deposit
paid by the Customer in accordance with these Terms and Conditions.
-
If the Customer fails to comply with customs requirements, provide necessary documentation, or address deficiencies as required
by customs authorities, the Company may:
-
the accuracy, completeness, or adequacy of any documentation prepared, reviewed, or submitted;
-
the approval, acceptance, or processing of such documentation by customs authorities or other relevant entities.
-
The Company shall not be liable for any delays, penalties, confiscation, or costs arising from customs clearance processes,
including non-compliance by the Customer, inaccuracies in documentation, or actions taken by customs authorities or regulatory entities.
-
Handling of Non-Compliant Goods
-
If a Parcel contains Prohibited Goods, restricted items, or Goods otherwise non-compliant with these Terms and Conditions,
the Company may, where appropriate, take any of the following actions:
-
reject the Parcel at the time of drop-off or collection;
-
return the Parcel to the Customer at the Customer’s expense;
-
hold or secure the Parcel until the Customer provides the required documentation, corrections, or assurances of compliance, subject to additional charges for storage or handling;
-
dispose of the Parcel in accordance with applicable laws and regulations, with all costs of disposal borne by the Customer;
-
report the contents of the Parcel and the Customer’s details to the relevant authorities, which may result in confiscation, seizure, or other enforcement actions by those authorities.
-
The Customer shall bear all costs, fines, penalties, and liabilities arising from the inclusion of Prohibited Goods or non-compliant Goods in any Parcel,
including but not limited to, additional storage, handling, or transport costs incurred by the Company, legal or regulatory penalties imposed on the
Company as a result of non-compliance; and claims or damages resulting from the inclusion of such Goods in a Parcel.
-
Non-compliance with these Terms and Conditions, including the inclusion of Prohibited Goods or restricted items, shall not entitle the Customer to a refund,
credit, or any other compensation from the Company.
-
In cases where the Company determines that disposal, reporting, or other actions involving non-compliant Goods are necessary, the Customer agrees that the
Company shall not be liable for any loss, damages, or claims arising from such actions, including confiscation or seizure carried out by the relevant
authorities.
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Inspection
-
The Company, its Affiliates, or any appointed transport or courier companies may inspect Parcel(s) at any stage of transit,
including at the time of delivery to the Drop-off Location, during consolidation, or prior to delivery, to ensure compliance
with these Terms and Conditions, the Company’s policies, and applicable laws and regulations. The Customer acknowledges and
agrees that inspections may also be conducted by Authorities, regulatory agencies, or other third parties during transit as required by law.
-
The Company, its Affiliates, or any appointed transport or courier companies may conduct inspections:
-
without prior notice to the Customer;
-
here appropriate or when required by law, regulatory requirements, or operational needs; and
-
sing any method deemed appropriate, including physical, electronic, or scanning methods, depending on the
nature of the Goods and applicable regulations.
-
If, during an inspection, the Company identifies:
-
Prohibited Goods, Restricted Goods, or Goods requiring special declarations that were not disclosed by the Customer,
the Company may take any action permitted under these Terms and Conditions.
-
Damage, leakage, or improper packaging that may pose a risk to the Parcel(s) or other Shipment(s), the Company may take
corrective actions, including repackaging or halting the Shipment, with any additional costs borne by the Customer.
-
The Customer shall provide any information or documentation requested by the Company to facilitate inspections or address any
issues identified during an inspection. Failure to comply with such requests may result in delays, suspension of transport,
or other actions as outlined in these Terms and Conditions.
-
Inspections conducted by the Company or its appointed agents do not:
-
obligate the Company to identify, detect, or report all defects, non-compliance, or violations within the Parcel(s);
-
transfer any liability to the Company for the contents of the Parcel(s), including but not limited to Prohibited Goods,
Restricted Goods, or undeclared items; or
-
alter or reduce the Customer’s responsibilities and liabilities under these Terms and Conditions or applicable laws.
-
Inspections mandated by Authorities, regulatory agencies, or other government entities are beyond the Company’s control.
The Company assumes no responsibility for any delays, penalties, or actions resulting from such inspections.
-
Indemnity
-
The Customer agrees to indemnify, defend, and hold harmless the Company, its Affiliates, agents, subcontractors, employees,
and appointed transport or courier companies (collectively, the “Indemnified Parties”) from and against any and all claims,
liabilities, losses, damages, penalties, fines, costs, and expenses (including legal fees on a solicitor-client basis) arising
directly or indirectly from the Customer’s use of the Company’s Services or any breach or non-compliance with these Terms
and Conditions. Indemnity obligations of the Customer include, but are not limited to, any costs, fines, or penalties resulting
from the Customer’s actions or omissions, damages or losses incurred by third parties in connection with the Goods; and
expenses for remedial actions, investigations, or regulatory proceedings. Indemnity obligations apply regardless of whether
the Company has inspected, assisted with, or been involved in the preparation, transport, or handling of the Goods.
-
The Company may assume exclusive defense and control of any matter subject to indemnification. The Customer agrees to
cooperate fully with the Company and acknowledges the Company’s right to settle any claim at its discretion without
prior approval from the Customer.
-
This indemnity provision survives the termination of these Terms and Conditions and continues to apply to any claims
arising from actions or omissions during the Customer’s use of the Company’s Services.
-
Lien
-
The Company shall have a general and particular lien on all Goods in its possession or control for any amounts due at any
time from the Customer, whether in respect of the same or different Shipments, including but not limited to shipping charges, fees,
duties, taxes, and any other costs incurred in relation to the Goods.
-
If any amounts owed by the Customer to the Company are not paid when due, the Company may, without notice to the Customer,
take the following actions to enforce the lien:
-
withhold delivery of the Goods until all outstanding amounts, including any additional costs incurred due to the delay, are fully paid;
-
store the Goods at the Customer’s risk and expense, with storage costs recoverable from the Customer;
-
sell the Goods through private sale or public auction and apply the proceeds toward the outstanding amounts; or
-
dispose of the Goods if sale is not practical or feasible, with costs borne by the Customer.
-
The Company’s lien shall take priority over all other liens, claims, or interests in the Goods, whether arising by contract,
operation of law, or otherwise. The Customer warrants that the Goods are free of prior liens or encumbrances conflicting with the Company’s rights.
-
The Customer shall be responsible for all costs incurred in enforcing the lien, including legal fees, storage costs, and sales expenses.
These costs shall be added to the amounts owed and recoverable from sale proceeds or directly from the Customer.
-
The Company shall not be liable for any loss, damage, or delay arising from the enforcement of the lien, including sale or disposal of the Goods.
The Customer agrees to indemnify and hold harmless the Company from any claims, damages, or expenses resulting from lien enforcement.
-
Upon full payment of all outstanding amounts, the Company shall release the lien and proceed with delivery of the Goods, subject to
applicable terms and conditions.
-
The Company will make reasonable efforts to notify the Customer of its intention to enforce the lien, including the amounts owed
and actions to be taken. However, failure to provide notice shall not affect the Company’s rights under this Section.
-
Limitation of Liability
-
The Company’s liability for loss of Goods is limited to three times the invoiced shipping fees (excluding all taxes,
including but not limited to indirect taxes, and direct taxes such as customs duties or import/export levies),
provided such loss occurs without fault, negligence, or non-compliance with these Terms and Conditions by the Customer,
the shipper, the recipient, or their agents or representatives. The Company shall not be liable for any indirect,
incidental, or consequential damages, including loss of profit, income, or business opportunities, or for any additional
losses or expenses beyond the specified liability limit.
-
For partial loss of Goods, compensation will be prorated based on the lost portion of the Parcel. For example, if 3kg of
Goods were transported and only 2.5kg arrived, compensation would be three times the invoiced shipping fees (excluding taxes)
for the 0.5kg lost. Weight discrepancies will be determined by the measurements taken at the time of delivery to the Drop-off
Location or collection during Pick-up, as reflected in the documentation provided by the Company.
-
The Company will make reasonable efforts to protect Goods during transportation but assumes no liability for loss resulting from
circumstances beyond its control, including acts of Authorities, weather conditions, natural disasters, or other unforeseen events.
-
The Customer is responsible for ensuring that Goods are properly packed and protected to withstand the rigors of transportation.
The Company assumes no liability for damage or destruction of Goods caused by improper packaging, handling by third parties,
inherent defects, or the conditions of the Goods themselves.
-
Upon the Customer’s request, the Company may arrange for additional insurance coverage for the Goods, subject to the Customer’s
payment of applicable fees. The terms of such insurance, including exclusions, shall be as specified by the insurance provider.
The Company is not liable for any claims under the insurance policy and serves solely as a facilitator of the service.
-
Claims
-
All claims for loss, damage, or non-delivery must be submitted by the Customer to the Company via email within 14 days
from the date of delivery. In the case of non-delivery, claims must be submitted within 14 days from the scheduled
delivery date or from the Company’s notification of non-delivery, whichever is later. Failure to submit a claim within
this period shall constitute acceptance of the Company’s performance regarding the Parcel.
-
Claims must include supporting documentation, such as the Order Number, invoices, photographs of any damage, and any other
relevant paperwork. The Company may request additional information or evidence as needed to process the claim.
-
The Company will investigate claims in a timely manner. The investigation process may include reviewing shipment records,
conducting inspections, and liaising with the Company’s Affiliate and/or other third parties involved in the transportation process.
-
Any compensation, if applicable, will be provided in accordance with the Company’s liability limitations outlined
in Section 15 of these Terms and Conditions.
-
The Company’s acceptance of a claim for investigation does not constitute an admission of liability. Compensation, if granted,
shall be limited to the terms specified in these Terms and Conditions.
-
Amendment of Terms
-
The Company reserves the right to amend these Terms and Conditions to comply with changes in applicable laws and regulations.
The Customer will be notified of any such amendments and provided with an updated version of the Terms and Conditions.
-
Severability
-
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will remain valid
and enforceable. The invalid or unenforceable provision will be modified to the extent necessary to make it enforceable or severed
from these Terms and Conditions. The invalidity or unenforceability of any provision will not affect the validity or enforceability
of the remaining provisions.
-
Entire Agreement
-
These Terms and Conditions constitute the entire agreement between the Company and the Customer regarding the Services and supersede
any prior agreements or understandings. Any additional or differing terms proposed by the Customer are rejected and will not apply
unless agreed to in writing by the Company.
-
The Customer acknowledges that these Terms and Conditions represent the complete and exclusive statement of the agreement and agrees
not to rely on any representations, statements, or warranties not expressly included herein. The Company is not liable for any statements
made by its employees, agents, or representatives that are not included in these Terms and Conditions.
-
The Customer agrees that these Terms and Conditions are binding upon and inure to the benefit of the parties and their respective successors
and assigns. The Customer may not assign or transfer any rights or obligations without prior written consent from the Company, except that
the Company may assign or transfer its rights and obligations to an affiliate or third party without the Customer’s consent.
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Compliance with Instructions
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The Customer agrees to comply with all instructions and guidelines provided by the Company for the use of the Services,
including packaging, labeling, documentation, and payment requirements.
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Governing Law and Jurisdiction
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These Terms and Conditions are governed by the laws of Malaysia, including all applicable national, regional, and local laws and
regulations related to the transportation and delivery of Goods. The Customer is also responsible for complying with the laws and
regulations of the origin, transit, and destination countries.
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Any disputes arising from these Terms and Conditions shall be resolved in the courts of Malaysia. The Customer
agrees to submit to the exclusive jurisdiction of these courts for the resolution of any disputes.