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Terms of International Cargo Transportation

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  • Terms of International Cargo Transportation

  • Article 1 Definitions



    The definition of each term used in these Terms is as below:

    1. “Carrier” includes the air Carrier issuing the air waybill and all Carriers that carry or undertake to carry the cargo or to perform any other services related to the relevant air carriage, and it refers to Qxpress.

    Qxpress herein collectively refers to the corporations of Qxpress located in each country such as Singapore, Korea, Japan, China and the U.S. A.

    2. “Air Waybill” (hereinafter referred to as “Waybill”) refers to the deed which evidences the carriage contract between the Shipper and Qxpress made out by the Shipper or by Qxpress on behalf of the Shipper for international cargo transportation, and it includes any type of label, waybill or consignment note produced from the automated equipment of Qxpress, which is subject to these terms.

    3. “Carriage”, which is equivalent to the term “Transportation”, means international transportation of cargo by air carriage, land transport or by any means of transport including marine transport, whether gratuitously or for reward, referring to all the acts that deliver the cargo to the Consignee designated by the Shipper after carrying the cargo from the point of pickup of the country designated by the Shipper to the point of delivery of the country designated by the Shipper.

    4. “Cargo” means goods consigned to Qxpress for international cargo transportation by the Shipper.

    5. “Shipper”, which is equivalent to the term “Consigner” means the person whose name appears on the waybill, as the party contracting with Qxpress for the carriage of cargo.

    6. “Consignee” means the person whose name appears on the waybill as the party to whom cargo is delivered from the Carrier.

    7. “Country” includes all the territories under the sovereignty, suzerainty, mandate, trusteeship or their power.

    8. “Pick-up Center” means a place established in the destination country or departing country in which cargoes are picked up for international cargo transportation.

    9. “Pick-up Service” means the surface carriage of the international transportation service for outbound shipments from the point of pick-up to the airport of departure.

    10. “Delivery Service” means” means the surface carriage of the international transportation service for inbound shipments from the airport of the destination or the pick-up center of the destination country to the address of the Consignee or that of his designated agent or to the custody of the appropriate government agency when required.

    11. “Freight Rates” means the unit rate set up for calculation of freights. It is set up on the basis of the weight (or volume) of cargo, and they are announced by the Table of Freight Rates usually used by Qxpress.

    12. “Tariff” means the announced freight rates and freights and the regulations related thereto, forming the integral part of these Terms.

    13. “Days” mean the total number of calendar days including holidays: Provided, that, in calculating the number of days for notification, the date of notification is not included, and if the end date of the notification period is a holiday, the period shall expire on the following day.

  • Article 2 Application of Terms



    1. Application

    These Terms shall apply to international cargo transportation of Qxpress.

    2. Change without Notice

    While these terms and the provisions the applicable tariff are subject to change without notice except to the extent otherwise provided by applicable laws or government regulations or order, such change shall be based on the announcement in the homepage at lese 1 week from the time of change; provided however that no such change after the date of issuance of the waybill shall apply to the relevant contract of carriage.

    3. Effect

    All carriage of cargo shall be subject to the Terms and the provisions of the applicable tariff effective on the date of issuance of the waybill. In the event of any inconsistency between these Terms and Carrier’s Rules, what is provided in the Terms shall prevail.

  • Article 3 Services Provided



    1. Cargo shall be deemed to have been accepted by the Consignee designated by the Shipper at the time (time of completion of acceptance in the event of acceptance by visit of the staff of Qxpress) it is accepted in the pick-up center of Qxpress.

    2. Where Qxpress has determined that the volume, contents and price, etc. of the carto are inappropriate for performing international cargo transportation, pick-up and delivery service, it may refuse to provide the relevant service.

    3. Qxpress may entrust the relevant carriage and delivery to another agency as the agent of the Shipper or Consignee, or at the cost of the Consignee.

    4. Qxpress shall use every appropriate endeavor to pick up the cargo at the address of any Shipper and deliver such cargo to the address of the Consignee.

  • Article 4 Preparation of Waybill



    1. Preparation of Waybill by Shipper

    The Shipper shall make out a waybill in the form, manner and number of copies prescribed by Qxpress, and shall deliver such waybill to Qxpress simultaneously with the acceptance of cargo by Qxpress for carriage, and where Qxpress has made out a waybill on behalf of the Shipper, it shall correctly submit all the information using the means such as electronic data, etc. in order to prevent the entries or details of entries therein to be illegitimate or incorrect.

    The Shipper (customer) shall correctly enter for the following sections of the waybill:

    (1) Address, name or trade name, and telephone number of the Shipper;

    (2) Address, name or trade name, and telephone number of the Consignee;

    (3) Name of goods, quantity and price of goods of the cargo; and

    (4) Special precautions in carriage.



    2. Preparation, Completion or Correction of Waybill by Qxpress

    Qxpress may at the consent of the Shipper, expressed or implied, make out the waybill. In such event, subject to proof to the contrary, the Shipper shall be deemed to have made out the waybill. If the waybill handed over with the cargo does not contain all the required particulars, or if the waybill or such particulars or statements contain any error, Qxpress is authorized to complete or correct the waybill to the best of its ability without being under any obligation to do so.

    3. Responsibility for Particulars

    The Shipper shall be responsible for all damages incurred by Qxpress and other interested parties by reason of the irregularity, incorrectness, or incompleteness of the particulars and statements, whether the Shipper has made out the waybill or Qxpress has made out the waybill on behalf of the Shipper.

    4. Alteration of Waybill

    Waybills, the writing on which as been partly damages or altered by any person other than the Carrier, need not be accepted by Qxpress.

  • Article 5 Acceptance of Cargo for Carriage



    1. Packing and Marking of Cargo

    Cargo shall be packed in an appropriate way so as to ensure that the cargo can be carried safely with the procedures for ordinary care in handling and it does not injure or damage any persons, aircraft, any other cargo or property. Each package shall be legibly and durably indicated with the respective address and name of the Shipper and Consignee.

    2. Cargoes Prohibited for Consignment

    Qxpress does not accept carriage for the following cargoes:

    1) Where the transportation, or importation or exportation of the relevant cargo is prohibited by the laws or regulations of any country to be flown from, to, over, or stop over;

    2) Where the relevant cargo has been classified as harmful substance, dangerous cargo, or goods (“dangerous goods”) subject to prohibition or restriction prescribed by International Air Transport Association (IATA), International Civil Air Organization (ICAO), or any other relevant organizations;

    3) Where the requisite shipping documents for the relevant cargo are not accompanied;

    4) Where the relevant cargo is likely to endanger any persons, aircraft, any other cargo or property, or cause annoyance to passengers;

    5) Counterfeits, animals, gold bars, cash, marketable securities, precious metals, weapons, explosives, human remains, pornography or drugs, etc.;

    6) Where the weight of 1 pack of the relevant cargo exceeds 30kg;

    7) Where the length of the longest side of 1 pack of the relevant exceeds 150cm, or the total length of the width, length and height of 1 pack of the relevant cargo exceeds 160cm; or

    8) Where the relevant cargo contains other goods which are deemed impossible to be safely or legitimately transported such as cargoes which are perishable or need heat insulation.

    3. Liability for Non-observance of Transportation Conditions

    The liability for non-observance of the carriage conditions for cargoes prohibited for consignment shall be borne by the Shipper, and the Shipper shall indemnity, defend, and hold harmless Qxpress from any damage whatsoever as a result of or arising out of such carriage. Where it is impossible to deliver any cargo to the Consignee, Qxpress shall return the cargo to the Shipper by payment on delivery.

    Where the Shipper refuses return or it is impossible to return to the Shipper, Qxpress has the right to dispose the relevant cargo. The Shipper shall pay for all the costs such as return freight, customs duty, tax, storage fee and disposal fee incurred in the process of return and disposal of the carto.

    4. Inspection of Cargo

    Qxpress reserves the right to examine the contents of the contents after opening cargoes, but Qxpress shall be under no obligation to do so. In addition, such act of inspection does not warranty that carriage of the relevant carto does not violate the laws or regulations of any country to be flown from, to, over, or to stop over.

  • Article 6 Freights and Charges



    1. Applicable Rates and Charges

    Rates and charges for carriage governed by these Terms shall be based on the rates and charges of the freight tariff separately prepared by Qxpress and the Shipper. Changed freights shall be deemed to be replaced with those announced in the homepage of Qxpress.

    2. Transportation Services Not Included in the Announced Rates

    Unless otherwise specified in the applicable tariff, the announced rates shall not include the charges for the following services:

    1) Customs tax, value-added tax, excise tax, fees and penalties including taxes and public utilities’ charge, etc.;

    2) Expense for renovation and repair of cargo packing;

    3) Expense for returning cargo to the departing place; and

    4) Other service charge;

    3. Basis of Freight and Charge

    Freight of cargo shall be based on the bigger between the actual weight and volume weight.

    Where the forwarded cargo exceeds the size or weight of the limit of standards of the delivery type designated by the Shipper, it may be automatically changed to another delivery type, and the freight for the changed delivery type shall be invoiced to the Shipper.

    The Shipper shall be deemed to entrust measurement of the cargo size to Qxpress by consigning the cargo, and where the delivery type is changed according to the metering, any difference in the delivery charge shall not be refunded.

    4. Applicable Section

    Unless otherwise specified in the applicable tariff, the rates and charges shall only apply to the carriage from the acceptance at the place of acceptance designated by the Shipper to the delivery to the Consignee at the place of delivery designated by the Shipper.

    5. Declaration of Value for Carriage

    The Shipper shall declare the value for carriage for all cargoes in the waybill, and such declaration of the price for carriage shall be based on the CIF value (cost, insurance, and freight terms).

    6. Payment of Freight and Charges

    1) Freight and charges shall, as the total freight and charges, include freight, customs clearance fee, storage charges, domestic charges and all fees.

    2) The total amount of freight and charges, or the fees, utilities, taxes, charges and advances, made or incurred or to be incurred by Qxpress and any other sums payable to Qxpress, will be deemed fully earned, whether or not the cargo is lost or damaged, or fails to arrive at the destination port specified in the waybill.

    3) The Shipper shall guarantee payment of all freight and charges, and all expenses and penalties were paid or will be incurred by Qxpress by reason of any of the following subparagraphs:

    A. Illegal inclusion in the cargo of articles the carriage of which is prohibited by law;

    B. Illegal, incorrect or insufficient packing, addressing or marking of packages or description of the carto;

    C. Absence of any export license or any required certificate or document;

    D. Improper customs valuation; or

    E. Incorrect statement of weight or volume.



    4) By taking delivery of the cargo or exercising any other right arising from the contract of carriage, the Consignee agrees to pay all unpaid freight and charges, expenses, fines and penalties, etc., unless prepaid by the Shipper. However, such agreement does not release the Shipper from the obligation for payment of the relevant amount. Qxpress shall have a lien on the cargo for each of the foregoing and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale (provided that prior to such sale Qxpress shall have noticed thereof to the Shipper or to the Consignee in the ordinary manner at the address stated in the waybill) and to pay itself out of the proceeds of such sale any and all such amounts.

    5) The type of payment of freight may vary depending on the platform to be used. For smart delivery service, freight shall be deducted by charged QxMoney, and in the situation in which Qxpress has to refund the delivery charges to the Shipper, payment for the compensation may be made by QxMoney.

    7. Policy for Charges and Prepaid Charge Money (QxMoney)

    1) The prepaid charge money for using the services provided by the Company may be purchased in any of the following means:

    A. Credit card payment; or

    B. Any other means provided by the Company.

    2) The payment means for the prepaid charge money provided by the Company may be changed according to the Company policy. In the event of change thereof, it shall be announced by notice:

    3) Refund

    A. If a portion of the amount is used after QxMoney top-up, partial refunds for the remaining QxMoney balance are not permitted.

    B. If you withdraw from the Qxpress service, you can get a refund of the remaining QxMoney balance refund amount after deducting a 10% fee.

  • Article 7 Delivery of Cargo



    1. Notice of Arrival

    Qxpress has no obligation for notice of arrival to the Consignee.

    2. Place of Delivery

    Unless otherwise previously agreed upon between the Shipper or Consignee and Qxpress, the Consignee shall accept delivery of and collect the shipment at the address specified in the waybill.

    3. Delivery to Consignee

    Delivery of the cargo shall be made only to the Consignee specified in the waybill: Provided, that if there is no Consignee at the designated place or if it is impossible to make delivery to the Consignee, unless there is any special contract with the Consignee, delivery of the carto to the Consignee shall be deemed to have been validly performed by delivering the cargo to its agent or any person considered as its agent (person accepting the cargo for the Consignee such as the manager, a family member, or a colleague of the Consignee).

    4. Obligation of Identification at the time of Acceptance by Agent

    When the cargo is delivered to the Consignee’s agent or any person considered as its agent, Qxpress shall identify who has actually taken delivery of the cargo. Where there is a request from the Shipper, Qxpress shall prove who took delivery of the cargo.

    5. Refusal to Take Delivery by Consignee

    1) If the Consignee refuses to take delivery of the shipment after its arrival at the place of delivery, Qxpress will endeavor to comply with any instructions of the Shipper set forth on the fact of the waybill. If such instructions are not set forth or cannot reasonably be complied with, Qxpress shall notify the Shipper of the reason for the Consignee’s failure to take delivery, and may sell the shipment in one or more lots at public or private sale after taking into custody of the shipment for at least 90 days.

    2) The Shipper shall be liable for all charges and expenses resulting from or in connection with the failure to take delivery of the shipment. If the shipment is returned to the pick-up center of Qxpress in the departing country and the Shipper refuses to make payment or neglects to make such payment within 15 days after such return, Qxpress may dispose of the shipment or any part thereof at public or private sale after giving the Shipper 10 days’ notice of its intention to do so.

    3) In the event of the sale of the shipment as provided for above, Qxpress is authorized to pay to itself and other transportation services out of the proceeds of such sale all charges, advances and expenses of Qxpress and other transportation services plus costs of sale, holding any surplus subject to the order of the Shipper. The sale of the relevant shipment, however, shall not discharge the Shipper of any liability to pay any deficiencies for the liability to pay the deficiencies to Qxpress.

  • Article 8 Scope of Liability of Qxpress



    1. Unless it has been proved that damages due to any breakage or loss of the cargo were caused by the willfulness or negligence of Qxpress, Qxpress is not liable for any damages of the Shipper, Consignee or any other persons.

    2. Where the breakage or loss of the cargo is proved to be liable by Qxpress, Qxpress may compensate within the limit of USD100 per cargo, and shall compensate within the extent of the actual amount of damages with the limit of the lower the export declaration price or import declaration price. The limit of compensation for a certain forwarding section may be lower. In addition, compensation of the cargo which is sent via the post office after being picked up by Qxpress shall be made in accordance with the Regulations for Compensation for Damages publicly announced by the post office.

    3. The liability of Qxpress for compensation for part loss of damage to the cargo shall be extinguished if the Shipper has not notified the fact of part loss or damage within 7 days from the date the Consignee has accepted the shipment.

    4. The Carrier shall not be liable for any damages directly or indirectly incurred due to any reason beyond the control of Qxpress as Qxpress complies with the applicable laws, government regulations, orders or instructions, or due to failure to comply with such applicable laws, government regulations, orders or instructions by the Shipper, Consignee or any other person.

    5. Qxpress shall not be liable if it has been proved that any breakage, loss or damage has result from the inherent defect or characteristics of the cargo. The Shipper shall comply with the standards of the guidelines for packing published in the homepage of Qxpress, and Qxpress is not liable for any cargo which is not packed in accordance with the guidelines for packing.

    The Shipper and Consignee shall indemnify for loss and expense incurred by Qxpress due to Shipper’s failure to comply with this provision.

    6. Qxpress shall be responsible for carriage of the relevant cargo after the cargo has arrived at the pick-up center of Qxpress.
    Request for investigation on stocking may be received within 14 days after the date of forwarding of the cargo by the Shipper, for which the Shipper shall provide the materials necessary for the investigation such as the means of forwarding (parcel service, pick-up), list of order numbers of comingled packing, etc.
    Where 14 days have elapsed after the date of forwarding by the Shipper or the Shipper has failed to supply sufficient materials, Qxpress may refuse the request for investigation and is not responsible for any unstocked cargo.

    7. Qxpress shall not be liable for losses or damages resulting from any of the following situations beyond its control:

    1) Force majeure (earthquakes, storms, floods, fog, wars, plane crash, blockade of entry and departure, riots, strikes, etc.);

    2) Nature, defects, characteristics or potential defects of the carto;

    3) Any losses and damages caused by any action or no action or omission of the Shipper, Consignee or any third parties, etc.;

    4) Any damages to or deletion of electronic products or photographic images, data, records, etc. by electric or magnetic force;

    5) Where any counterfeits of brand products or goods restricted by animal quarantine and plant quarantine have been scrapped or returned after adjudication of prohibition of importation; or

    6) Where any damages such as overpayment of customs duty has been incurred due to any error in submitted data.

  • Article 9 Compensation for Damages



    1. Receipt by the person entitled to delivery of the cargo without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the contract of carriage.

    2. In the case of any loss of or damage to the cargo, the person entitled to delivery of the cargo shall submit the description of the claim for damages to the Carrier in writing or e-mail:

    1) in the case of any damage to or partial loss of the cargo, immediately after its discovery and at the latest within 7 days of the date of receipt of the cargo;

    2) in the case of non-delivery of the cargo including total loss, within 14 days of the date the cargo ought to have arrived at destination: Provided that in the case of the post office service (EMS, K-packet, etc.), within 60 days.

    3. Qxpress shall not be liable in any event for any indirect including, but not limited to, loss of business, interest, utility, decrease in marketability, etc. caused by breakage or delay, etc. of the cargo, whether or not Carrier had knowledge that such loss or damage might be incurred.

  • Article 10 Applicable Laws



    1. The provisions applied in these Terms, waybill or otherwise are in violation of the applicable laws, government regulations, orders or instructions, such provisions shall be valid within the extent not violating the applicable laws, government regulations, orders or instructions.

    2. If any dispute arises out of or in connection with any matters not provided for in these Terms, such dispute shall be resolved by mutual agreement in good faith between the Parties, and if any agreement cannot be reached, such dispute shall be handled in accordance with the relevant laws and regulations.

    3. Any dispute or lawsuit arising between the Parties shall be governed by the applicable laws of the departing country.

  • Article 11 Disclaimer and Waiver



    The Company facilitates the movement of goods, services and technology for its customers (the “Services”), all of which are subject to various export control laws and regulations of various jurisdictions, including but not limited to those imposed by the United States Department of Commerce and the United States Department of State, and similar laws and regulations in other applicable jurisdictions (“Export Laws”). Such Export Laws limit the shipment of goods, services or technology to certain individuals, companies and organizations and limit the delivery or facilitation of the delivery of goods, services or technology to certain countries and regions and have licensure or other approval requirements for shipment. The Company takes the compliance with such Export Laws seriously and has taken various measures to ensure that it is in full compliance with such laws and regulations. However, it is a condition for the Services provided by the Company, that the customer complies with all Export Laws, and understands that the Company shall not be responsible for any violations thereof.

    The customer certifies that they are aware of and in compliance with all Export Laws and has the sole responsibility for obtaining any required export licenses, permits or approvals. By requesting the Services, the customer certifies that it has the sole responsibility for, and shall assume any liability for violations of any Export Laws and shall indemnify and hold harmless the Customer, its officers, employees and agents from any claims, liabilities, fines penalties or loses arising from any violation of such laws.

    The Company reserves the right to report any suspected violations of Export Laws by the customer to the relevant regulatory authorities, including but not limited to: (i) The United States Department of Commerce, specifically the Bureau of Industry and Security (BIS), (ii) the United States Department of State, specifically the Directorate of Defense Trade Controls (DDTC), (iii) appropriate authorities within the European Union and (iv) any other applicable national and international regulatory bodies.

  • PART I : GENERAL CONDITIONS



    Application

    1. (A) Subject to sub-clause (B) below, all services of the Company whether gratuitous or not are subject to these Conditions.

    (i) The provisions of Part I shall apply to all such services.

    (ii) The provisions of Part II shall only apply to the extent that such services are provided by the Company as agents.

    (iii) The provisions of Part III shall only apply to the extent that such services are provided by the Company as principals.

    (B) Where a document bearing a title of or including "bill of lading" (whether or not negotiable), or "waybill" is issued by or on behalf of the Company and provides that the Company contracts as carrier, the provisions set out in such document shall be paramount in so far as such provisions are inconsistent with these Conditions.

    (C) Every variation, cancellation or waiver of these Conditions must be in writing signed by a Director of the Company. Notice is hereby given that no other person has or will be given any authority whatsoever to agree to any variation, cancellation or waiver of these Conditions.

    2. All services are provided by the Company as agents except in the following circumstances where the Company acts as principal:

    (A) where the company performs any carriage, handling or storage of Goods but only to the extent that the carriage is performed by the Company itself or its servants and the Goods are in the actual custody and control of the Company, or

    (B) where prior to the commencement of the carriage of Goods the Customer in writing demands from the Company particulars of the identity, services or charges of persons instructed by the Company to perform part or all of the carriage, the Company shall be deemed to be contracting as a principal in respect of that part of the carriage in respect of which the Company fails to give such particulars demanded within 28 days of the Company's receipt of such demand, or

    (C) to the extent that the Company expressly agrees in writing to act as a principal, or

    (D) to the extent that the Company is held by a court of law to have acted as a principal.

    3. Without prejudice to the generality of Clause 2,

    (A) the charging by the Company of a fixed price for a service or services of whatsoever nature shall not in itself determine or be evidence that the Company is acting as an agent or a principal in respect of such service or services;

    (B) the supplying by the Company of their own or leased equipment shall not in itself determine or be evidence that the Company in acting as an agent or a principal in respect of any carriage, handling or storage of Goods;

    (C) the Company acts as an agent where the Company procures a bill of lading or other document evidencing a contract of carriage between a person, other than the Company, and the Customer or Owner;

    (D) the Company acts as an agent and never as a principal when providing services in respect of or relating to customs requirements, taxes, licenses, consular documents, certificates of origin, inspection, certificates and other similar services.



    Definitions

    4. In these conditions

    (A) "Company" is KC International logistics group of companies, including Korchina and KDS companies

    (B) "Customer" means any person at whose request or on whose behalf the Company provides a service;

    (C) "Person" includes persons or any body or bodies corporate;

    (D) "Owner" includes the owner, shipper and consignee of the Goods and any other person who is or may become interested in the Goods and anyone acting on their behalf;

    (E) "Authority": A duly constituted legal or administrative person, acting within its legal powers and exercising jurisdiction within any nation, state, municipality, port or airport;

    (F) "Goods" includes the cargo and any container not supplied by or on behalf of the Company, in respect of which the Company provides services;

    (G) "Container" includes any container, flexi tank, trailer, transportable tank, flat, pallet or any article of transport used to carry or consolidate goods and any equipment of or connected thereto;

    (H) "Dangerous includes goods which are or may become of Goods” dangerous, inflammable, radio-active or damaging nature and goods likely to harbour or encourage vermin or other pests;

    (I) "Hague Rules" means the provisions of the International Convention for the Unification of certain rules relating to Bills of Lading signed at Brussels on 25th August 1924;

    (J) "Instructions" means a statement of the Customers specific requirements.

    (K) " SDR" refers to a Special Drawing Right. The SDR shall be as defined by International Monetary Fund and the value of a SDR shall be calculated as at the date when settlement is agreed or judgement.



    Obligations of Customer

    5. The Customer warrants that he is either the Owner or the authorised agent of the Owner of the Goods and that he is authorised to accept and is accepting these Conditions not only for himself but also as agent for and on behalf of the Owner of the Goods.

    6. The Customer warrants that he has reasonable knowledge of matters affecting the conduct of his business, including but not limited to be the terms of sale and purchase of the Goods and all other matters relating thereto.

    7. The Customer shall give sufficient and executable instructions.

    8. The Customer warrants that the description and particulars of the Goods are complete and correct.

    9. The Customer warrants that the Goods are properly packed and labelled, except where the Company has accepted instructions in respect of such services.



    Special Instructions, Goods and Services

    10. (A) Unless otherwise previously agreed in writing, the Customer shall not deliver to the Company or cause the Company to deal with or handle Dangerous Goods.

    (B) If the Customer is in breach of sub-clause (A) above he shall be liable for all loss or damage whatsoever caused by or to or in connection with the Goods howsoever arising and shall defend, indemnify and hold harmless the Company against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith and the goods may without notice be destroyed or otherwise dealt with at the sole discretion of the Company or any other person in whose custody they may be at the relevant time.

    (C) If the Company agrees to accept Dangerous Goods and then in the opinion of the Company or any other person they constitute a risk to other goods, property, life or health they may without notice be destroyed or otherwise dealt with at the expense of the Customer or Owner.

    11. The Customer undertakes not to tender for transportation any Goods which require temperature control without previously giving written notice of their nature and particular temperature range to be maintained and in the case of a temperature controlled Container stuffed by or on behalf of the Customer further undertakes that the Container has been properly pre-cooled or preheated as appropriate, that the Goods have been properly stuffed in the container and that its thermostatic controls have been properly set by the Customer. If the above requirements are not complied with the Company shall not be liable for any loss of or damage to the Goods caused by such non-compliance.

    12. No insurance will be effected except upon express instructions given in writing by the Customer and all insurances effected by the Company are subject to the usual exceptions and conditions of the policies of the insurance Company or underwriters taking the risk. Unless otherwise agreed in writing, the Company shall not be under any obligation to effect a separate insurance on each consignment but may declare it on any open or general policy. The Company is an agent in respect of the effecting of insurance and should the insurers dispute their liability for any reason the insured shall have recourse against the insurers only and the Company shall not be under any responsibility or liability whatsoever in relation thereto notwithstanding that the premium upon the policy may not be at the same rate as that charged by the Company or paid to the Company by its customers.

    13. Except in accordance with express instructions previously received in writing and accepted in writing by the Company, the Company shall not be obliged to make any declaration for the purposes of any statute, convention or contract as to the nature of value of any Goods or as to any special interest in delivery.

    14. Unless otherwise previously agreed in writing or otherwise provided for under the provisions of a document signed by the Company, instructions relating to the delivery or release of Goods against payment or against surrender of a particular document shall be in writing and the Company's liability shall not exceed that provided for in respect of misdelivery of Goods.

    15. Unless otherwise previously agreed in writing that the Goods shall depart or arrive by a particular date, the Company accepts no responsibility for departure or arrival dates of Goods.



    General Indemnities

    16. (A) The Customer and Owner shall defend, indemnify and hold harmless the Company against all liability, loss, damage, costs and expenses arising (i) from the nature of the goods unless caused by the Company's negligence, (ii) out of the Company acting in accordance with the Customer's or Owner's instructions, or (iii) arising from a breach of warranty or obligation by the Customer or arising from the negligence of the Customer or Owner.

    (B) Except to the extent caused by the Company's negligence, the Customer and Owner shall be liable for and shall defend, indemnify and hold harmless the Company in respect of all duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied by any Authority and for all payments, fines, costs, expenses, loss and damage whatsoever incurred or sustained by the Company in connection therewith.

    (C) Advice and information, in whatever form it may be given, are provided by the Company for the Customer only and the Customer shall defend, indemnify and hold harmless the Company for all liability, loss, damage, costs and expenses arising out of any other person relying on such advice or information.

    (D) (i) The Customer undertakes that no claim be made against any servant, sub-contractor or agent of the Company which imposes or attempts to impose upon any of them any liability whatsoever in connection with the Goods, if any such claim should nevertheless be made, to indemnify the Company against all consequences thereof.

    (ii) Without prejudice to the foregoing, every such servant sub-contractor or agent shall have the benefit of all provisions herein, as if such provisions were expressly for their benefit. In entering into this contract the Company, to the extent of those provisions, does so not only on his behalf, but as agent and trustee for such servants, subcontractors and agents.

    (iii) The Customer shall defend, indemnify and hold harmless the Company from and against all claims, costs and demands whatsoever and by whomsoever made or preferred in excess of the liability of the Company under the terms of these Conditions and without prejudice to the generality of this clause this indemnity shall cover all claims, costs and demands arising from or in connection with the negligence of the Company, its servants, sub-contractors and agents.

    (iv) In this clause, "sub-contractors" includes direct and indirect subcontractors and their respective servants and agents.

    (E) The Customer shall be liable for the loss, damage, contamination, soiling, detention or demurrage before, during and after the Carriage of property (including, but not limited to, Containers) of the Company or any person or vessel referred to in (D) above caused by the Customer or Owner or any person acting on behalf of either of them or for which the Customer is otherwise responsible.



    Charges, etc.

    17. (A) The Customer shall pay to the Company in cash or as agreed all sums immediately when due without deduction or deferment on account of any claims, counterclaim or set-off.

    (B) When the Company is instructed to collect freight, duties, charges or other expenses from any person other than the Customer, the Customer shall be responsible for the same on receipt of evidence of demand and non payment by such other person when due.

    (C) On all amounts overdue to the Company, the Company shall be entitled to interest, calculated at 4 per cent above base rate of the HSBC in Hong Kong applicable during the period that such amounts are overdue.



    Liberties and Rights of Company

    18. The Company shall be entitled, except insofar as has been otherwise agreed in writing, to enter into contracts on behalf of itself or the Customer and without notice to the Customer

    (A) for the carriage of Goods by any route, means or person,

    (B) for the carriage of Goods of any description whether containerised or not on or under the deck of any vessel,

    (C) for the storage, packing, transshipment, loading, unloading or handling of Goods by any person at any place whether on shore or afloat and for any length of time,

    (D) for the carriage or storage of Goods in containers or with other goods of whatever nature,

    (E) for the performance of its own obligations, and to do such acts as in the opinion of the Company may be necessary or incidental to the performance of the Company's obligations.

    19. (A) The Company shall be entitled but under no obligation, to depart from the Customer's instructions in any respect if in the opinion of the Company there is good reason to do so in the Customer's interest and it shall not thereby incur any additional liability.

    (B) The Company may at any time comply with the orders or recommendations given by any Authority. The responsibility of the Company in respect of the Goods shall cease on the delivery or other disposition of the Goods in accordance with such orders or recommendations.

    20. If at any time the performance of the Company's obligations, in the opinion of the Company or any person whose services the Company makes use of, is or is likely to be affected by any hindrance, risk, delay, difficulty or disadvantage whatsoever and which cannot be avoided by reasonable endeavours by the Company or such other person, the Company may, on giving notice in writing to the Customer or Owner or without notice where it is not reasonably possible to give such notice, treat the performance of its obligations as terminated and place the Goods or any part of them at the Customer or Owner's disposal at any place which the Company may deem safe and convenient, whereupon the responsibility of the Company in respect of the Goods shall cease. The Customer shall be responsible for any additional costs of carriage to and delivery and storage at such place and all other expenses incurred by the Company.

    21. If delivery of the Goods or any part thereof is not taken by the Customer or Owner at the time and place when and where the Company, or any person whose services the Company makes use of, is entitled to call upon the Customer or Owner to take delivery thereof, the Company or such other person shall be entitled to store the Goods in the open or under cover at the sole risk and expense of the Customer.

    22. Notwithstanding clauses 20 and 21, the Company shall be entitled but under no obligation at the expense of the Customer payable on demand and without any liability to the Customer and Owner, to sell or dispose of

    (A) on giving 21 days notice in writing to the Customer all Goods which in the opinion of the Company cannot be delivered as instructed, and

    (B) without notice Goods which have perished, deteriorated or altered, or are in immediate prospect of doing so in a manner which has caused or may be reasonably expected to cause loss or damage to any person or property or to contravene applicable regulations.

    23. The Company shall have a particular and general lien on all Goods or documents relating to Goods in its possession for all sums due at any time from the Customer or Owner and on giving 28 days notice in writing to the Customer, shall be entitled to sell or dispose of such Goods or documents at the expense of the Customer and without any liability to the Customer and Owner and apply the proceeds in or towards the payment of such sums.

    24. The Company shall be entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily retained by or paid to freight forwarders.

    25. The Company shall have the right to enforce against the Owner and the Customer jointly and severally any liability of the Customer under these Conditions or to recover from them any sums to be paid by the Customer which upon demand have not been paid.



    Containers

    26. (A) If a Container has not been packed nor stuffed by the Company, the Company shall not be liable for loss of or damage to the contents if caused by:

    (i) the manner in which the Container has been packed or stuffed,

    (ii) the unsuitability of the contents for carriage in containers, unless the Company has approved the suitability,

    (iii) the unsuitability or defective condition of the Container provided that where the Container has been supplied by or on behalf of the Company this paragraph (iii) shall only apply if the unsuitability or defective condition arose (a) without any negligence on the part of the Company or (b) would have been apparent upon reasonable inspection by the Customer or Owner or person acting on behalf of either of them, (iv) if the Container is not sealed at the commencement of the Carriage except where the Company has agreed to seal the Container.

    (B) The Customer shall defend, indemnify and hold harmless the Company against all liability, loss, damage, costs and expenses arising from one or more of the matters covered by (A) above except for (A) (iii) (a) above.

    (C) Where the Company is instructed to provide a Container, in the absence of a written request to the contrary, the Company is not under an obligation to provide a Container of any particular type or quality.



    General Liability

    27. (A) Except insofar as otherwise provided by these Conditions, the Company shall not be liable for any loss or damage whatsoever arising from:

    (a) the act or omission of the Customer or Owner or any person acting on their behalf,

    (b) compliance with the instructions given to the Company by the Customer, Owner or any other person entitled to give them,

    (c) insufficiency of the packing or labelling of the Goods except where such service has been provided by the Company,

    (d) handling, loading, stowage or unloading of the Goods by the Customer or Owner or any person acting on their behalf,

    (e) inherent vice of the Goods,

    (f) riots, civil commotions, strikes, lockouts, stoppage or restraint of labour from whatsoever cause,

    (g) fire, flood or storm, or

    (h) any cause which the Company could not avoid and the consequences whereof it could not prevent by the exercise of reasonable diligence.

    (B) Subject to clause 15, howsoever caused the Company shall not be liable for loss or damage to property other than the Goods themselves, indirect or consequential loss or damage, loss of profit, delay or deviation.



    Amount of Compensation

    28. Except in so far as otherwise provided by these Conditions, the liability of the Company, howsoever arising, and notwithstanding that the cause of loss or damage be unexplained shall not exceed the following

    (A) in respect of all claims other than those subject to the provisions of sub-clause (B) below, whichever is the least of

    (i) the value of, or

    (ii) 100 SDR per gross kilogram of,

    the Goods lost, damaged, misdirected, mis-delivered or in respect of which a claim arises.

    (B) In respect of claims for delay where not excluded by the provisions of these Conditions, the amount of the Company's charges in respect of the Goods delayed.

    (C) In no event shall the Company's liability under one or more of sub-clause (A) to (B) exceed 75,000 SDR per event or events arising from a common cause.

    29. (A) Compensation shall be calculated by reference to the invoice value of the Goods plus freight and insurance if paid.

    (B) If there be no invoice value for the Goods, the compensation shall be calculated by reference to the value of such Goods at the place and time when they are delivered to the Customer or Owner or should have been so delivered. The value of the Goods shall be fixed according to the current market price, or, if there be no commodity exchange price or current market price, by reference to the normal value of goods of the same kind and quality.

    30. By special agreement in writing and on payment of additional charges, higher compensation may be claimed from the Company not exceeding the value of the Goods or the agreed value, whichever is the lesser.



    Notice of loss, Time Bar

    31. (A) The Company shall be discharged of all liability unless:

    (i) notice of any claim is received in writing by the Company or its agent within 14 days after the date specified in (B) below, or within a reasonable time after such date if the Customer proves that it was impossible to so notify, and

    (ii) suit is brought in the proper forum as specified under clause 37 and written notice thereof received by the Company within 9 months after the date specified in (B) below.

    (B) (i) in the case of loss or damage to Goods, the date of delivery of the Goods,

    (ii) in the case of delay or non-delivery of the Goods, the date that the Goods should have been delivered,

    (iii) in any other case, the event giving rise to the claim.



    General Average

    32. The Customer shall defend, indemnify and hold harmless the Company in respect of any claims of a General Average nature which may be made on the Company and the Customer shall provide such security as may be required by the Company in this connection.



    Miscellaneous

    33. Any notice served by post shall be deemed to have to be given on the third day following the day on which it was posted to the address of the recipient of such notice last known to the Company.

    34. The defences and limits of liability provided for by these Conditions shall apply in any action against the Company whether such action be founded in contract or tort.

    35. If any legislation is compulsorily applicable to any business undertaken, these Conditions shall, as regards such business, be read as subject to such legislation and nothing in these Conditions shall be construed as a surrender by the Company of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation and if any part of these Conditions be repugnant to such legislation to any extent such part shall as regards such business be over-ridden to that extent and no further.

    36. Headings of clauses or groups of clauses in these Conditions are for indicative purposes only.



    Jurisdiction and Law

    37. These Conditions and any claim or dispute arising out of or in connection with the services of the Company shall be subject to Hong Kong law and the exclusive jurisdiction of the Hong Kong courts.

  • PART II : COMPANY AS AGENT



    Special Liability and Indemnity Conditions

    38. (A) To the extent that the Company acts as an agent, the Company does not make or purport to make any contract with the Customer for the carriage, storage or handling of the Goods nor for any other physical service in relation to them and acts solely on behalf of the Customer in securing such services by establishing contracts with third parties so that direct contractual relationships are established between the Customer and such third parties.

    (B) The Company shall not be liable for the acts and omissions of such third parties referred to in sub-clause (A) above.

    39. (A) The Company when acting as an agent has the authority of the Customer to enter into contracts on the Customer's behalf and to do such acts so as to bind the Customer by such contracts and acts in all respects notwithstanding any departure from the Customer's instructions.

    (B) Except to the extent caused by the Company's negligence, the Customer shall defend, indemnify and hold harmless the Company in respect of all liability, loss, damage, costs or expenses arising out of any contracts made in the procurement of the Customer's requirements in accordance with clause 38.



    Choice of Rates

    40. Where there is a choice of rates according to the extent or degree of liability assumed by persons carrying, storing, handling the Goods, no declaration of value where optional will be made unless otherwise agreed in writing.

  • PART III : COMPANY AS PRINCIPAL



    Special Liability Conditions

    41. To the extent that the Company contracts as principal for the performance of the Customer's instructions, the Company undertakes to perform or in its own name to procure the performances of the Customer's instructions and subject to the provisions of these Conditions shall be liable for the loss of or damage to the Goods occurring from the time that the Goods are taken into its charge until the time of delivery.

    42. Notwithstanding other provisions in these Conditions, if it can be proved where the loss of or damage to the Goods occurred, the Company's liability shall be determined by the provisions contained in any international convention or national law, the provisions of which

    (A) cannot be departed from by private contract, to the detriment of the claimant, and

    (B) would have applied if the claimant had made a separate and direct contract with the actual provider of the particular service in respect of that service or stage of carriage where the loss or damage occurred and received as evidence thereof any particular document which must be issued if such international convention or national law shall apply.

    43. Notwithstanding other provisions in these Condition, if it can be proved that the loss of or damage to the Goods occurred at sea or inland waterway and the provisions of clause 42 do not apply, the Company's liability shall be determined by the Hague Rules. Reference in the Hague Rules to carriage by sea shall be deemed to include reference to carriage by inland waterways and the Hague Rules shall be construed accordingly.

    44. Notwithstanding the provisions of clause 42 if the loss of or damage to the Goods occurred at sea or on inland waterways, and the Owner, Charterer or operator of the vessel establishes a limitation fund, the liability of the Company shall be limited to the proportion of the said limitation fund allocated to the Goods.

    45. Air Carriage

    If the Company acts as a principal in respect of a carriage of Goods by air, the following notice is hereby given:

    If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and the Convention governs and in most cases limits the liability of carriers in respect of loss of or damage to cargo. Agreed stopping places are those places (other than the places of departure and destination) shown under requested routing and / or those places shown in carriers' timetables as scheduled stopping places for the route. The address of the first carrier is the airport of departure.

    46. Both to Blame Collision Clause

    The current Both-to-Blame Collision Clause as adopted by BIMCO is incorporated in these conditions.

  • PART IV : DISCLAIMER AND WAIVER



    The Company facilitates the movement of goods, services and technology for its customers (the “Services”), all of which are subject to various export control laws and regulations of various jurisdictions, including but not limited to those imposed by the United States Department of Commerce and the United States Department of State, and similar laws and regulations in other applicable jurisdictions (“Export Laws”). Such Export Laws limit the shipment of goods, services or technology to certain individuals, companies and organizations and limit the delivery or facilitation of the delivery of goods, services or technology to certain countries and regions and have licensure or other approval requirements for shipment. The Company takes the compliance with such Export Laws seriously and has taken various measures to ensure that it is in full compliance with such laws and regulations. However, it is a condition for the Services provided by the Company, that the customer complies with all Export Laws, and understands that the Company shall not be responsible for any violations thereof.

    The customer certifies that they are aware of and in compliance with all Export Laws and has the sole responsibility for obtaining any required export licenses, permits or approvals. By requesting the Services, the customer certifies that it has the sole responsibility for, and shall assume any liability for violations of any Export Laws and shall indemnify and hold harmless the Customer, its officers, employees and agents from any claims, liabilities, fines penalties or loses arising from any violation of such laws.

    The Company reserves the right to report any suspected violations of Export Laws by the customer to the relevant regulatory authorities, including but not limited to: (i) The United States Department of Commerce, specifically the Bureau of Industry and Security (BIS), (ii) the United States Department of State, specifically the Directorate of Defense Trade Controls (DDTC), (iii) appropriate authorities within the European Union and (iv) any other applicable national and international regulatory bodies.

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