CARGOMIND’S GENERAL TERMS AND CONDITIONS OF CARRIAGE
When ordering the Company’s services, you as “Customer”, are agreeing, on your behalf and on behalf of anyone else with an interest in the “Shipment”, that the General Terms and Conditions shall apply from the time that the Company accepts the “Shipment” unless otherwise agreed in writing by an authorized officer of the Company.
Every “Shipment” is transported on a limited liability basis as provided herein. If “Customer” requires greater protection, then insurance may be arranged at an additional cost. (Please see below for further information)
- 1.1. “Shipment” means all documents and parcels that travel under one waybill and which may be carried by any means the Company chooses including air, road or any other carrier.
- 1.2. A “waybill” shall include any label produced by the Company automated systems, air waybill, or consignment note and shall incorporate these General Terms and Conditions.
- 1.3. In this waybill, which is a non-negotiable Document, any reference to “the Company” refers to Cargomind Sdn Bhd owns the licenses and Kargomind Express will be the one providing courier service under the license by Cargomind Sdn Bhd and to any subsidiaries, branches, employees, directors, agents, affiliates, contractors and any of their respective employees and agents.
- 1.4. “Customer” refers to the shipper, its employees, principals and/or agents.
- 1.5. “Consignee” means name shall appear on waybill or consignment note as receiver.
- 1.6. Words importing the singular shall include the plural and vice versa.
2. Entire Agreement
Customer, upon tender of any Shipment to Cargomind for Carriage irrevocably agrees and accepts to the conditions herein on the Customer’s behalf and on behalf of anyone else with an interest in the Shipment, regardless of whether the Customer signs the ‘Acknowledged by Sender’ column at the front of this waybill. The Company shall not be bound by any warranty, condition, statement, representation, promise or agreement purporting to vary the conditions herein (whether to be expressed or implied by law, custom or otherwise) nor shall the same form a contract collateral to the conditions herein unless it is in writing and signed on behalf of the Company by a duly appointed director of Cargomind Sdn. Bhd.
The Customer irrevocably warrants that the Customer is the actual, legal or proprietary owner of any Shipment that is tendered to the Company for carriage. Customer irrevocably agrees and accepts the conditions herein not only for itself but also as agent for and on behalf of any person who may have interests in the Shipment and shall be deemed to have read and be bound by all the conditions in this waybill or in any other agreement entered into between the Company and the Customer covering the Shipment including the current Company Domestic and International Courier Rate Guide, copies of which are available upon request. In the event of any discrepancy between the documents, the following documents shall be read in the following order of priority:
- (i) Service Agreement
- (ii) The Company General Terms and Conditions of Carriage
- (iii) The Company Domestic and International Courier Rate Guide.
The Company shall reserve its rights to refuse carriage of any Shipment or class of Shipment at its absolute discretion.
The Company shall carry the Customer’s Shipment by any means, route, procedure, form of handling, form of storage, transportation method, carrier or successive carrier as it deems fit at its sole discretion. The Company shall be entitled to subcontract on any terms the whole or any part of the carriage, loading, unloading, storing, warehousing, handling and any and all duties whatsoever undertaken by the Company in relation to the Shipment and the Customer irrevocably authorise the Company to enter into such subcontract as agents on behalf of the Customer.
The Company or any Person authorised by the Company shall be entitled, but under no obligation, to open and/or scan any Shipment at any time and to inspect the contents. If it appears at any time that the Shipment cannot safely or properly be carried, or carried further, either at all or without incurring any additional expense or taking measures in relation to the Shipment, the Company may without notice to the Customer (but as his agent only) take any measures and/or incur any reasonable additional expense to carry or continue the Carriage thereof, and/or to sell or dispose of the Shipment and/or to abandon the Carriage and/or to store the Shipment, under cover or in the open, at any place, whichever the Carrier in his absolute discretion considers most appropriate, which sale, disposal, abandonment or storage shall be deemed to constitute due delivery under this waybill. The Customer shall indemnify the Company against any reasonable additional expense so incurred. The Company, in exercising the liberties contained in this clause, shall not be under any obligation to take any particular measures and shall not be liable for any loss, delay or damage howsoever arising from any action or lack of action under this clause.
The Company does not warrant that any Shipment tendered by the Customer of its capability of carriage to designated destination without infringing the law of any country or state from, to or through the Shipment may be carried.
4. Shipment’s restriction commodities
- 4.1 Dangerous Goods
- 4.2 Fragile Article
- 4.3 Official and Original Documents
- 4.4 Liquid or Non-Solid shipment
- 4.5 Live animals
- 4.6 High value shipment
The Company may deliver a Shipment to the receiver named on this waybill or to any other person appearing to have authority to accept delivery of the Shipment on the customer’s behalf (such as persons at the same address as the receiver). The Company does not warrant that the Shipment will be handled delicately and the Customer shall expect rough handling of the Shipment throughout the passage. The Customer shall produce adequate and legibly designated address for each Shipment to enable effective delivery to be made otherwise the Company shall be entitled to deal or dispose of any such undelivered Shipment as the Company deems fit. The Customer shall comply with all applicable laws, rules and regulations, including but not limited to governmental regulations and laws of any country to, from, through or over the Shipment may be carried.
If at any time the Carriage is or is likely to be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind (including the condition of the Shipment), whenever and howsoever arising (whether or not the Carriage has commenced), the Company may without notice to the Customer, abandon the Carriage of the Shipment and where reasonably possible place the Shipment or any part of them at the Customer’s disposal at any place which the Company may deem safe and convenient, whereupon delivery shall be deemed to have been made and the responsibility of the Company in respect of such Shipment shall cease. In any event the Company shall be entitled to full Charges on Shipment received for Carriage and the Customer shall pay any additional costs resulting from the above mentioned circumstances.
The Company will endeavour to deliver the Shipment in accordance with the usual delivery schedule and is not obliged to deliver the Shipment within any time limit. The Company shall not be liable for any damage or loss howsoever caused by delays in delivering the Shipment. The Company’s only responsibility under this waybill is to deliver the Shipment to the address stated in this waybill subject to the General Terms and Conditions stated herein.
For several reasons, the Shipment cannot be delivered to the address stated on Consignment Note, or the shipment are arranged for self-collection by the consignee at Company centre and the consignee fails to collect the Shipment within five (5) days, Company shall not responsible and be liable for any damage or loss to the Customer and consignee. After 30 days which are notice has been circulated to consignee or Customer by post or otherwise where contact number and address of consignor and consignee cannot be contacted or unknown, Company shall be entitled to dispose the Shipment.
Delivery of the Dangerous Goods or Prohibited items would be allowed if all the approval and related documents received approval, permission and clearances have been obtained from all relevant authorities from both country (if required). All the supporting documents must be accompanied with original documents for the said approval and permission with appropriate packaging and marking parallel to regulations, federal laws and rules. Cargomind Sdn Bhd has the full rights to refuse the acceptance of the shipment at any time at its sole and absolute discretion if we consider the declaration and supporting documents are incomplete, insufficient whether or not we already received and accepted to provide the services.
Transportation charges are calculated based on weight and volumetric weight, whichever is higher, and any of the consignment may be re-measured and re-weighed by Cargomind to confirm the actual one. The custom duties, fines, transportation & incidental charges included in the consignment notes must been paid by customer.
Any Service Fee quoted by the Company includes local airport tax but shall exclude service tax, value added tax and any other applicable tax, duty and expenses as may be imposed by any local or foreign customs or similar authority in respect of the carriage of the Customer’s Shipment. If the Customer gives different instructions on methods of payment, the Customer shall be primarily liable for any duty, tax (including pre-payment of the same), surcharge, fine, legal costs (on solicitor-and-client basis) or loss suffered by the Company.
8 Customer’s obligations
The marking, labelling and packaging of any Shipment shall be the Customer’s sole responsibility. The description and particulars of the Shipment set out on the face of this waybill are furnished by the Customer, and the Customer warrants to the Company that the description and particulars including, but not limited to, weight, content, measure, quantity, quality, condition, marks, numbers and value are correct.
- 8.1 Packaging
- 8.2 Declaration of the shipments
The Customer shall comply with all applicable laws, regulations and requirements (including but not limited to any, imposed at any time, before or during the Carriage relating to anti-terrorism measures) of customs, port and other authorities and shall bear and pay all duties, taxes, fines, imposts, expenses and losses (including without prejudice to the generality of the foregoing, charges for any additional Carriage undertaken) incurred or suffered by reason thereof or by reason of any illegal, incorrect or insufficient marking, numbering or addressing of the Shipment.
No Shipment which is or may become dangerous (whether or not so listed in codes), inflammable, damaging, injurious (including radioactive materials), noxious or which is or may become liable to damage any property or Person whatsoever shall be tendered to the Company for Carriage without the Company’s express consent in writing and the Container and/or other covering in which the Shipment is to be transported and/or the Shipment itself being distinctly marked on the outside so as to indicate the nature and character of any such Shipment and so as to comply with all applicable laws, regulations and/or requirements.
If any such Shipment are delivered to the Company without such written consent and/or marking or if in the opinion of the Company the Shipment is or is liable to become dangerous, inflammable and/or damaging in nature, the same may at any time be unloaded, destroyed, disposed of, abandoned, or rendered harmless without compensation to the Customer and without prejudice to the Company’s right to additional charges incurred by the Company from the Customer.
Whether or not the Customer was aware of the nature of the Shipment, the Customer shall indemnify the Carrier against all claims, losses, damages or expenses arising in consequence of the Carriage of such Shipment.
Customer shall take responsibilities to ensure the postage and fees payable for the transportation charges of the goods has been paid prior to use our services. You need to provide your consent to Cargomind Sdn Bhd to open and examine the content of the shipment as it suspects or believes that the shipment has insufficient postage fees.
9. Customs clearance
The Customer warrants that each article in any Shipment is accurately described in this waybill and the Customer shall attach the relevant documents to meet the export or air carriage requirements. The Customer appoints the Company as Customer’s agent solely for performance of custom clearance. The Customer shall provide proper documentation whenever required.
The shipment has the right to inspection where the subject will undergo security screening without notice for safety and security and customs purposes. The other regulatory reasons are explosive trace detection and other security screening. Customer may receive the goods opened and the goods has been examined by Cargomind Sdn Bhd, or any authorities such as Royal Malaysian Customs Department involve accordance to the relevant laws and regulations includes the Postal Service Act 2012.
The customer must purchase insurance if the actual value of the parcel is more than RM 1,000.00 (Ringgit Malaysia One Thousand). Company shall offer optional insurance coverage for mentioned shipment where customers may purchase by paying the full insurance premium to insure the shipment. If the sender does not insure the parcel, company will be excluded from any liability if the goods has been lost or damaged during transportation. Customer may purchase insurance from other insurer, but on customer’s own responsibility to select appropriate insurance coverage for the shipment. The insurance claim is limited to loss and damage subject to terms of the insurance policy.
11. No liability and/or limited liability
Every Shipment is transported on a limited liability basis on the terms stated herein. The Company’s liability is strictly limited to direct loss and damage only. If the customer requires greater protection, the Company can arrange insurance for Customer covering the actual cash value in respect of loss of or physical damage to the Shipment, provided the Customer requests it via the Company systems and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delay.
Where the Warsaw or CMR conventions or any national laws implementing or adopting these conventions apply or where other mandatory national law applies, the liability of the Company is governed by and will be limited according to the applicable rules.
Where convention, regulations, rules or other mandatory national laws do not apply to the carriage of the Shipment under this waybill, the Company will only be liable if loss, damage, delay, shortage, misdelivery, non-delivery, misinformation or failure to provide information in connection with the Customer’s Shipment, is proven to be the result from the acts or omissions of management of the Company committed with the intent to cause such loss or recklessly and with knowledge that such loss would probably result and the Company’s total liability under any circumstances whatsoever shall not exceed RM 200.00 per Shipment or the cost of replacement, whichever is lower, unless a higher value has been declared in which case the Shipment shall be insured by the customer and the customers’ sole remedy shall be from the proceeds of the insurance policy.
In the event the Shipment is insured by the customer, the customer shall name the Company as the co-assured and shall waive all rights of subrogation under the insurance policy against the Company. If the customer fails to procure such insurance policies naming the Company as co-assured and/or waive all rights of subrogation under the insurance policy against the Company, the customer shall indemnify, defend and hold the Company harmless against all consequences of having failed to comply with the provisions of this paragraph.
The company shall not be liable, including but not limited to, in contract, tort, equity, negligence and strict liability for any loss of income, loss of market, loss of profit, consequential, incidental, special, indirect loss or damage whatsoever and howsoever caused whether the company knew or ought to have known of the value of any shipment and/or such loss and/or damage might occur.
12. Situations where the Company shall not be held liable
The Company shall not be liable for the Customer’s failure to comply with the conditions herein or resulting from Customer’s acts, negligence, default, misconduct or omission, including but not limited to, inaccurate description of any Shipment; inadequate or inappropriate packaging, securing, marking or addressing of any Shipment; or for the act, default, negligence, misconduct, omission, violation of any conditions herein of the recipient or anyone who has interests in the Shipment. The Company shall not be liable for any loss, damage, delay, shortage, misdelivery, non-delivery, misinformation, or failure to provide information in connection with the items stated under the heading of 'Items Not Acceptable for Carriage', including perishable items permitted and accepted by the Company. The Company shall not be liable for any loss, damage, delay, shortage, misdelivery, non-delivery, misinformation or failure to.
- 12.1 Force Majeure
The Company shall not be liable for any losses and damages caused by any fraud, wilful acts, reckless acts, acts, omissions, gross negligence of any person (including its employees, servants, agents, affiliates, contractors, their agents and their respective employees / agents) and shall not be vicariously liable for any such action or omission for which the management of the Company has exercised reasonable diligence.
The customer is aware that every waybill/ consignment notes (whether in blank or used) supplied by the Company shall remain the property of the Company. The customer shall procure that every waybill/ consignment note shall be accounted for and shall only be utilized for packages to be delivered by the Company and not otherwise. The customer shall not misuse or distribute the waybill/ consignment notes for the customer’s/ third party(ies)’ own purposes. The customer shall indemnify and keep the Company, its agents, workmen or servants harmless against any liability, loss or damage (including bodily injury) of whatsoever nature, direct or indirect sustained by the Company, its agents, workmen or servants attributed, related to and/or howsoever arising from the customers acts, omission, neglect, intentional or dishonest acts and/or any damage/ loss which is attributable, related to and/or howsoever arising from the customer/ third party(ies)’ wrongful/ unauthorized use or distribution of the waybill/ consignment notes. This indemnity shall also include any liability, loss or damage as a result of any claim whatsoever and any summons, penalties, fines against the Company by any third party or the relevant Authorities as a result of any act, omission, neglect or intentional acts by the customer, its agents, workmen or servants and/or third party(ies) arising from/ attributed to the wrongful/ unauthorized/ misuse of any waybill/ consignment note.
Customer irrevocably agrees to indemnify, defend, release and hold harmless the Company as against any and all liabilities, claims, demands, suits, judgments, damages, losses, costs and legal fee (on a solicitor and client basis) in connection therewith or incident thereto, arising out of Customer’s failure to comply with the conditions herein or resulting from Customer’s negligence, acts, defaults, misconduct or omissions or the Customer’s errors in the declaration of the Shipment or the provision of erroneous information relating to the Shipment or non-declaration of the dangerous nature of the Shipment and/or the failure of the customer to comply with all applicable import, export , customs and other laws and regulations which apply to the Shipment.
The Company shall have a lien on the Shipment and any documents relating thereto for all sums whatsoever due at any time to the Company under this contract. The Company shall also have a lien against the Customer on the Shipment and any documents relating thereto for all sums due from the Customer to the Company under any other contract. The Company may exercise their lien at any time and at any place in their sole discretion, whether the contractual Carriage is completed or not. In any event any lien shall (a) survive the delivery of the Shipment and (b) extend to cover the cost of recovering any sums due and for that purpose, the Company shall have the rights to sell the Shipment and documents by public auction or private treaty, without notice to the Customer and at the Customer’s expense and without any liability towards the Customer.
15. Claim for and notice of Loss, Damage or Delay
The Company shall be deemed prima facie to have delivered the Shipment as described in this waybill unless notice of loss of, or damage to the Shipment, indicating the general nature of such loss or damage, shall have been given in writing to the Company or to their representative at the place of delivery before or at the time of removal of the Shipment into the custody of the person entitled to delivery thereof under this waybill. If the recipient accepted the Shipment by endorsing on the Proof of Delivery without raising any damage, shortage or dispute, the Company shall be deemed to have discharged its responsibility and liability towards the Customer and/or over the Shipment.
Claim by the customer for loss, damage or delay to the Shipment shall be made in writing within three (3) working days from the date when the Shipment should have reached the designated destination failing which the Company shall have no liability whatsoever. The content, original shipping carton and packaging of the Shipment shall be made available to the Company within fourteen (14) days from the date of written notification in order for the Company to evaluate the claim for damage. No claim shall be entertained unless all outstanding amounts due to the Company from the Customer have been fully settled. The amount of any claim shall not be set off against any amount owing to the Company.
The Company shall be discharged of all liability whatsoever in respect of the Shipment unless suit is brought in the proper forum and written notice thereof received by the Company: (i) in respect of Carriage by air, within 2 years after delivery of the Shipment or the date when the Shipment should have been delivered or any other time limit compulsorily imposed by applicable convention, rules or regulations, whichever is the later (ii) in respect of Carriage other than by air, within 30 days or any other time limit compulsorily imposed by applicable rules or regulations, whichever is later, after delivery of the Shipment or the date when the Shipment should have been delivered.
In the event that such time period shall be found contrary to any convention or law compulsorily applicable, the period prescribed by such convention or law shall then apply but in that circumstance only.
16. Mandatory law
If any condition herein is held to be illegal under present or future law, such provision shall be fully severable and nothing of such shall affect the validity of this entire Agreement. The General Terms and Conditions of Carriage shall be governed by Malaysian Laws and shall be subjected to the exclusive jurisdiction of the Malaysian Courts unless the Shipment is presented to the Company at a place outside the jurisdiction of the Malaysian courts in which case the laws of the country where the Shipment is presented to the Company shall be the governing law and the courts of the country where the Shipment is presented to the Company shall have jurisdiction.
17. Privacy Notice
Your privacy is important to us. In accordance with the Personal Data Protection Act 2010.