Terms and Conditions
"we", "us", "our", "you" and "your" means the sender or consignor.
2. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS
2.1 By giving us your shipment you accept our terms and conditions set out in the consignment note and/or the contract of carriage and/or the contract for the performance of other services on behalf of yourself and/or anyone else who has an interest in the shipment or the performance of other services irrespective of whether you have signed the front of our consignment note or not.
2.2 Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport, deliver your shipment or perform other services as well as our employees, directors and agents. When you give us the shipment with oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions.
3. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS
3.1 You must ensure and you certify by completing our consignment note or tendering a shipment to us that your shipment does not contain a prohibited article as specified in ICAO Annex 17 or other national or international regulations that govern aviation security. You must give us a full description of the contents of the shipment on the consignment note, or other accompanying document, and your responsibilities and liabilities are not extinguished by providing this information.
3.2 Shipments carried, or handled, by us may be subject to security screening which could include the use of x-ray, explosive trace detection and other security screening methods and you accept that your shipment may be opened and the contents of your shipment may be examined in transit.
3.3 You declare that you or your shipper have prepared the shipment for carriage, or for the performance by us of other services, in secure premises using reliable staff employed by you or your shipper and that the shipment has been safeguarded against unauthorised interference during preparation, storage and transportation immediately prior to acceptance for carriage of the shipment by us or for the performance by us of other services.
3.4 We do not accept shipments that contain prohibited items.
3.5 We may be required to share information, including your personal data for your shipment with the shipment destination country authorities or transit country authorities for customs and/or security reasons.
4. RIGHT OF INSPECTION
You agree that we or any governmental authority including customs and security may open and inspect your shipment at any time.
5. DELIVERY OF YOUR SHIPMENT
5.1 Where we are unable to complete the delivery of a shipment for whatever reason we will try to leave a notice at the receiver's address stating that delivery has been attempted and the whereabouts of the shipment. If delivery has not been made after a second attempt by us, or the receiver refuses to accept delivery, we will try to contact you and agree the appropriate next action. You agree to pay us any costs we incur in forwarding, disposing of or returning the shipment and our charges (if any) for making a third or more delivery attempt and for the agreed appropriate next action.
5.2 If we do not receive your or receiver's instructions within a reasonable period after our second attempt to deliver the shipment, then you agree that we may destroy or sell the content of the shipment without any further liability to you.
5.3 Once your cargo/goods arrive at our facility (Singapore), we will calculate and provide you the final shipping cost (shipping rates, tax and duties) to Indonesia based on the actual weight and dimensions of your cargo/goods. Only after your payment has cleared, 4PL Logistics will export your package to Indonesia and deliver your package to your home address in Indonesia with its package forwarding service. We have the right to export your shipment to Indonesia while payment is pending from you.
5.4 Delivery time is based on working days (excluding Saturday, Sunday and Public Holiday) both in Singapore or Indonesia and is normally within the stated period. Delays may occur due to entry port situation, customs formalities and connecting vessel / airline delays.
6. EXCLUSIONS OF LIABILITY
6.1 We will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity even if we had knowledge that such damages or loss might arise or for any indirect, incidental, special or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, wilful act or default.
6.2 We are not liable if we do not fulfil any obligations towards you at all as a result of circumstances beyond our control such as (but not limited to):
Acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
Force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions;
National or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery; latent defects or inherent vice in the contents of the shipment;
Criminal acts of third parties such as theft and arson.
6.3 Your acts or omissions or those of third parties such as:
you being in breach of (or any other party claiming an interest in the shipment causing you to breach) your obligations under these terms and conditions.
an act or omission of any customs, security, airline, airport or government official.
6.4 The contents of the shipment consisting of any article that is a prohibited item even though we may have accepted the shipment by mistake.
6.5 Our refusal to make any illegal payments on your behalf.
6.6 We are not a common carrier and do not accept any liabilities of a common carrier.
7. CLAIMS PROCEDURE
If you wish to claim for a lost or damaged shipment, you must comply with any applicable convention and with the following procedure otherwise we reserve the right to reject your claim:
7.1 You must notify us by telephone about the loss, damage immediately when receiving your shipment from the delivery driver;
7.2 you must document your claim by sending us all relevant information about the shipment and/or the loss, damage the same day of notifying us of your claim;
7.3 We are not obliged to act on any claim until our charges have been paid nor are you entitled to deduct the amount of your claim from our charges;
7.4 We will assume the shipment was delivered in good order and condition unless the receiver has noted any damage on our delivery record when he or she accepted the shipment and inform us immediately. In order for us to consider a claim for damage, the contents of your shipment and the original packaging must be made available to us for inspection;
7.5 Save as otherwise provided by any applicable convention and or law, your right to claim damages against us shall be extinguished unless an action is brought in a court of law within 1 month from the date of delivery of the shipment or from the date on which the shipment should have been delivered or from the date on which the carriage ended or if the claim relates to other services within 1 month from the date you ought reasonably to have become aware of the loss, damage or delay;
7.6 In case of acceptance by us of part or all of your claim, you warrant to us that your insurers or any other third party having an interest in the shipment shall have waived any rights, remedies or relief to which they might become entitled by subrogation or otherwise;
7.7 The shipment shall not be deemed to be lost until at least 30 days have elapsed since the date you notified us of the non-delivery. We may agree with you in writing to shorten this period.
7.8 Payment of claim through credit note not through cash.
7.9 We reserve the right to reject the claim if found in inappropriate packing. Each shipment must fit the packaging standard.
7.10 We insure your shipment against damage or loss, up to 2 times the amount of our invoice to you or the value of your cargo, whichever is lower. This applies only to the weight of the damage or missing items that we invoice to you. This insurance will not apply if your shipment is withheld by customs due to wrong or false declaration of the products in your shipment. Damage claims will not apply for improper packaging of your shipment.
8. RATES AND PAYMENT
8.1 You agree to pay our charges (including applicable surcharges) for the carriage of the shipment between the locations specified on the consignment note/contract of carriage, or for the performance by us of other services, and any value added taxes within 7 days from the date of our invoice without withholding, deduction, counterclaim or set off.
8.2 You waive all your rights to challenge our invoices if you do not contest our invoice in writing within 7 days from the date of the invoice.
8.3 Our charges are calculated in accordance with the rates applicable to your shipment as set out in our current rate card or in the relevant contract.
8.4 We charge for either the actual weight of the shipment or the volumetric weight of the shipment whichever is the higher and the volumetric weight is calculated in accordance with the volumetric conversion equation set out in our rate card or int the relevant contract. We may check the weight and/or volume of and/or the number of items within your shipment and if we find that there is a discrepancy between your declared weight and/or volume and/or number of items you agree that the weight and/or volume and/or the number of items that we determine are used for the purpose of our calculation.
8.5 You agree that we may charge interest on all invoices not paid within 7 days from the invoice date at the rate of 6% above the local bank base rate until full and final payment of the relevant invoice. You agree to pay our reasonable and proper cost of collection of invoices not paid within seven days from the invoice date.
9. LAW AND JURISDICTION
Save as provided by any applicable convention, disputes arising from or related to this contract shall be subject to the laws and the courts of the country in which the subsidiary or affiliate or branch of 4PL Logistics that accepts your shipment for carriage or performs other services is based.