TERMS AND CONDITIONS OF CARRIAGE

Transcription

1 TERMS AND CONDITIONS OF CARRIAGE 1. Definitions a. On this Waybill, "SF" or us refers to S.F. Express (Hong Kong) Limited or S.F. Express (Macau) Limited (as applicable), or any member of the group of companies to which they belong, and their respective employees, agents, and independent contractors ( IC ). For shipment originates outside Hong Kong SAR or Macau, contract of carriage is with the SF s entity who originally accepts your Shipment. b. "Package" means any container or envelope that is accepted by us for delivery. c. "Shipment" means all packages which are tendered to and accepted by us on one waybill. d. "Personal Data" means any data relating directly or indirectly to an individual, from which it is possible and practical to ascertain the identity of the individual from the said data, in a form in which access to or processing of the data is practicable. e. T&Cs refers to these terms and conditions hereunder and are subject to change by SF from time to time at its own discretion without prior notification except to the extent otherwise provided by applicable laws or regulations. For the avoidance of doubt, any such change shall become effective and binding on the Shipper upon its publication on the official website of SF. 2. Unacceptable Shipments The Shipper agrees that its Shipment is deemed unacceptable if: a. it is classified as hazardous material, dangerous goods, prohibited or restricted articles by International Air Transport Association, International Civil Aviation Organization, any applicable government department or other relevant organisation; b. no customs declaration is made when required by applicable customs regulations; c. the goods are classified as dangerous goods or SF believes that it cannot transport the goods safely or legally, such as involving animals and parts thereof, currency, bearer form, negotiable instruments, counterfeit goods, precious metals and stones, firearms and parts thereof, ammunitions, human remains, pornography, illegal narcotics/drugs or any other items that SF decides they cannot be carried safely or legally; or d. its addressed is incorrect or not properly marked or its packaging is defective or inadequate to ensure safe transportation with ordinary care in handling. SF shall have the right to destroy any unacceptable Shipment as specified in this section, which is required under applicable laws or government authorities. 3. Right to Inspect The Shipment may, at our option or at the request of government authorities, be opened and inspected by us or such authorities at any time without notice for safety, security, customs or regulatory reasons. For the avoidance of doubt, SF shall not be responsible for any direct or indirect loss or any loss whatsoever for any delay caused to the Shipment due to such inspection. 4. Shipper s Warranties and Indemnity The Shipper shall indemnify and hold SF harmless for any loss or damage in connection or resulting from the Shipper s failure to comply with any applicable laws or regulations and for the Shipper s breach of the following warranties and representations: 1

2 a. all information provided by the Shipper or its representative(s) is true, complete and accurate; b. the Shipment was prepared securely by the Shipper s employees; c. Staff employed to prepare the Shipment are duly authorised; d. the Shipper should ensure that SF will not improperly be interfered during the preparation, storage and transportation of the Shipment to SF; e. the Shipment is properly marked and addressed; f. the Shipment is packed in a manner that is suitable for shipping with ordinary care; g. the Shipment shall comply with all applicable customs, import, export and other laws and regulations, the Shipper should assist SF and provide necessary documents in arranging the import/export custom clearance process; and h. the waybill has been signed by the Shipper or the Shipper s authorised representative and these T&Cs constitute binding and enforceable obligations of the Shipper. 5. Declared Value The Shipper agrees the declared value on this waybill is equivalent to the actual cash value of the Shipment ( Declared Value ). Save and except Shipment that acquires the Shipment Protection Plus Service, SF s entire liability shall be limited to Section 13 hereof. 6. Transport and Routing a. SF can hire IC to complete the transportation and other services at any time. Both SF and its IC represent SF and its contractors, their employees, agents and sub-contractors. They shall enjoy the rights and bear the obligations under this clause, and none of them has the rights to cancel or change this clause. b. A waybill should contain one Shipment only. c. SF has the rights to choose any port, road or passageway or any other transportation means to transfer the Shipment. d. Unless there is any other written arrangements while picking-up the Shipment, the service provided by SF is limited to pick-up, dispatch, transport, and customs clearance (if necessary). e. The Shipper acknowledges and agrees that the Shipment will be shipped in a mixed collection of cargos, and it shall ensure that the Shipment can be shipped safely by preparing appropriate protective packaging according to the nature of the Shipment. 7. Exports and Imports Customs Shipper hereby agrees that SF may perform the following activities on behalf of the Shipper in order to complete the carriage process: a. complete any custom declaration document, revise Shipment declared contents, and pay any duties and taxes required under applicable laws and regulations; b. acting as the Shipper s or the Receiver s forwarding agent, SF may itself complete or consign a third party to complete export/import custom clearance process in an appropriate port; and c. redirect the Shipment to the Receiver s import broker or other address upon request by any person whom SF believes in its reasonable opinion to be authorised. 8. Delay of Shipments 2

3 SF will make reasonable effort to deliver the Shipment according to SF s regular delivery schedules and arrangements. However, these are not guaranteed and do not form part of the contract between SF and Shipper and/or Receiver. SF is not liable for any direct or indirect damages or losses as a result of Shipment delays caused by SF. 9. Deliveries and Undeliverable a. Shipments cannot be delivered to PO boxes or postal codes but only to the Receiver s address given by the Shipper. SF will make commercially reasonable effort to deliver the Shipment to the named Receiver personally, but this is not guaranteed and does not form part of the contract between SF and Shipper and/or Receiver. For the avoidance of doubt, a signature or a stamp obtained at the Receiver s address shall constitute sufficient proof of delivery of the Shipment. b. Shipments to addresses with a central receiving area will be delivered accordingly. If the Receiver refuses delivery, to pay for delivery, or to sign for or stamp for delivery; or the Shipment is deemed to be unacceptable, or undervalued for customs purposes; or the Receiver cannot be reasonably identified or located, SF shall use reasonable efforts to return the Shipment to the Shipper at the Shipper s cost, failing which the Shipment may be released, disposed of or sold by SF without incurring any liability to the Shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance to be returned to the Shipper (if any). 10. Shipment Charges, Tariff and other charges a. SF s Shipment charges are calculated according to the higher of actual or volumetric weight and Shipment may be re-weighted and re-measured by SF to confirm this calculation. b. Even if the Shipper provides different payment instructions, the Shipper will always be primarily responsible for all charges. The Shipper shall pay on demand all shipping costs and/or other charges not paid when due by the Receiver (in the case of the Receiver billing) or by the third party (in the case of third party billing). If SF is required to pay any taxes, duties as levies on behalf of the Shipper, the Receiver or some other party, and SF is unable to recover such amount from the relevant person, that amount will be payable by the Shipper on demand. 11. Shipment Protection Plus ( SPP ) Service a. This SPP Service is a value-added service which is OPTIONAL. It is an extension of SF s liability as stipulated in Clause 13 herein below for any Shipment that is lost, damaged or partially missing as a direct result of our gross negligence and offers an alternative full and final settlement of either, if lost, the full Declared Value defined in Clause 5, or, if damaged or partially missing, a pro rata payment of the Declared Value assessed based upon the degree of damage on or the portion missing from the Shipment. SF shall deduct the returning fee from the compensation should the Shipment be returned to the Shipper. b. Under no circumstances shall SF be liable for any compensation exceeding the Declared Value to the Shipper. c. For the avoidance of doubt, unless otherwise stipulated in this Clause, all other provisions concerning SF s liabilities shall be governed by Clause 13. 3

4 12. Circumstances beyond SF s Control SF shall not be liable for to, any interruption of service due to causes beyond SFs control, including, but not limited to, the following: acts of God; acts of public authorities acting with actual or apparent authority; acts or omissions of customs or similar authorities; insufficient information provided by a customer; the application of security regulations imposed by the government or otherwise applicable to the delivery location; a government agency hold; riots; strikes or other labour disputes; civil unrest; disruptions or failure of communication and information systems (including, but not limited to SFs communication and information systems); disruptions of any kind in air or ground transportation networks; such as weather phenomena; and natural disasters including earthquakes, cyclone, storm, flood etc SF s liability a. SF contracts with the Shipper on the basis that SF s liability is strictly limited to direct loss only and to the limits stipulated in this Section 13. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest and future business), whether such loss or damage is special or indirect, and even if the risks of such loss or damage was brought to SF s attention before or after acceptance of the Shipment since special risks can be insured by the Shipper. b. SF s liability under a waybill shall be limited to the stipulation of the following: i) If a Shipment combines carriage by air, road or other mode of transport, it shall be presumed that any loss or damage occurred during the air period unless proven otherwise. SF s liability in respect of any one Shipment transported, and/or customs clearance service thereof, without prejudice to Sections 8, 11, 14, is limited to the Declared Value but shall in no event exceed the lesser of USD100 or USD20/kg or USD9.07/lb for Shipments transported by air or other non-road mode; or USD10/kg or USD4.54/lb for Shipments transported by road (not applicable to the US). ii) Claims are limited to one claim per Shipment, settlement of which shall be full and final for all loss or damage in connection therewith. IF THE SHIPPER REGARDS THESE LIMITS AS INSUFFICIENT, IT MUST MAKE ITS OWN INSURANCE ARRANGEMENTS, OTHERWISE THE SHIPPER ASSUMES ALL RISKS OF LOSS OR DAMAGE. All claims must be made in writing and within strict time limits. Unless contrary to applicable laws, all claims must be submitted in writing to SF within 30 days from the date SF accepted the Shipment, otherwise SF shall have no liability whatsoever. Within 90 days after written notification of the claim to SF, all relevant supporting documents must be delivered to SF. SF is not obligated to act on any claim until all transportation charges have been paid. The claim amount shall not be set off against such charges. If the Receiver accepts the Shipment without noting any damage on the delivery record, SF will assume the Shipment was delivered in good condition. SF will not consider any claim for damages unless the original shipping and packing materials are available for inspection. SF makes no warranties, express or implied. iii) All assessment regarding the degree of damage on or the portion missing from the Shipment shall be at the sole and absolute discretion of SF. iv) The Declared Value of a Shipment must be evident by an authentic and valid commercial 4

5 invoice or receipt, which SF shall have the sole and absolute discretion to accept, inspect and verify thereof to its satisfaction or to reject thereof without giving any reason. 14. International Conventions If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Warsaw and Montreal Conventions and their subsequent amendments and protocols, if applicable, governs and limits SF s liability for loss of, delay or damage to the Shipment. For international road transportation, the Convention for the International Carriage of Goods by Road (CMR) may apply. These conventions limit SF s liability for loss or damage. 15. Governing Law Any dispute arising in connection with the T&Cs shall be subject, for the benefit of SF, to the nonexclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment and the Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law. 16. Data Privacy Policy SF is committed to safeguard the Personal Data provided by the Shipper. In relation to the collection, use, retention, disclosure, transfer, security and access of the Personal Data, SF shall comply with the relevant code of practice and guidance issued by SF. Please refer to the Data Privacy Policy Statement published on the official website of SF. 17. Severability The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions. 18. Governing Language If there are different languages incorporated in this Waybill (including these Terms and Conditions), the English version shall prevail in the event of any inconsistency between the versions. 5