STANDARD CONDITIONS OF CARRIAGE – MALAYSIA
The Customer upon tender of goods or documents to AIRPAK for carriage or transportation, shall be deemed to have accepted and agreed to the terms and conditions herein, which terms and conditions shall be referred to as AIRPAK STANDARD CONDITIONS OF CARRIAGE.
- Reference to AIRPAK shall include AIRPAK’s appointed agents wherever situated.
- Any business undertaken by AIRPAK is carried out subject to the conditions hereinafter set out each of which shall be deemed to be incorporated by reference into any and all agreements whether written or otherwise between AIRPAK and a customer. AIRPAK shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing and signed on behalf of AIRPAK by a duly authorised officer thereof in the absence of any such written agreement to the contrary these conditions shall constitute the entire agreement between AIRPAK and each of its customers.
- AIRPAK is not a common carrier and will only carry documents or goods subject to these conditions herein. AIRPAK reserves the right to refuse the carriage or transportation of any documents or goods or class of documents or goods for any person, firm, company or entity at its absolute discretion.
- AIRPAK undertakes, subject to payment in accordance with rates notified to the customer from time to time, to carry the customer’s documents or goods between destinations agree between AIRPAK and the customer(s). AIRPAK reserves the right to carry the customer’s documents or goods by any route and procedure and by any carrier or successive carriers and according to any handling, storage and transportation methods as AIRPAK think fit.
- AIRPAK reserves the right but not the obligation to inspect the goods or documents consigned by its customers to ensure that all such documents or goods are capable of carriage to the countries of destination within the standard operating procedures, customs declaration and handling methods of AIRPAK PROVIDED THAT in making this reservation AIRPAK does not undertake or represent that any particular item to be carried is capable of carriage and delivery without infringing the law of any country or state from to or through which the item may be carried.
- Any rates quoted by AIRPAK for carriage are inclusive of local airport taxes but exclusive of any value added tax, duties, levies, imposts, deposits or outlays incurred in respect of carriage of customer’s documents or goods. Should the customer indicate by endorsement in the space provided on the Consignment Note that the Receiver shall be liable for any customs duty, the customer shall be liable for such customs duty in the event of default in payment by the Receiver. AIRPAK shall not be liable for any loss or damage incurred due to the customer’s documents or goods being impounded by customs or similar authorities and the customer shall indemnify AIRPAK for any fines, penalties or loss suffered by AIRPAK in connection therewith.
- The marking and packaging of the customer’s documents or goods for transportation is the customer’s sole responsibility including the placing of the documents or goods in any container which may be supplied to the customer by AIRPAK. AIRPAK accepts no responsibility for loss or damage to documents or goods caused by inadequate, inappropriate or defective packaging. It is the sole responsibility of the customer to address adequately and clearly each consignment of documents or goods to enable effective delivery to be made. AIRPAK shall not be liable for delay in forwarding or delivery resulting from the customer’s failure to comply with its obligations in this respect.
- AIRPAK shall not be liable for all or any losses, damages and expenses arising as a result of the customers’ failure to comply with the customers’ obligations under this Agreement or as a result of the customer negligence.
- The customer warrants that the customer is the true owner of the goods or documents consigned for carriage or is duly authorised agent of the true owner and that it is authorised to accept and is accepting these conditions not only on behalf of itself but also as agent for and on behalf of all other persons who are or may hereafter become interested in the documents or goods. The customer hereby undertakes to indemnify AIRPAK against any damages, costs and expenses resulting from any breach of this warranty.
- AIRPAK shall be liable subject to clause 11 hereof, for loss sustained by the customer due to damage to or loss of the documents or goods whilst in AIRPAK’s custody or control provided that such loss or damage was due to the negligence of AIRPAK its servants or agent. Save as aforesaid AIRPAK shall be under no liability in respect of the documents or goods carried by it and in particular shall not be liable for consequential loss however arising. The parties agree that consequential loss shall be deemed to include without restriction commercial, financial or other direct loss including losses of interest, profit markets and utility. AIRPAK shall not be liable for any loss or damage incurred by the customer due to any delay in the carriage or delivery of documents or goods which are beyond the control of AIRPAK or any loss or damage as a result of Act of God or any force majeure occurrence.
- The liability of AIRPAK shall be limited to the payment by AIRPAK by way of damages of a sum not exceeding RM 100 or its equivalent per consignment of the value of the consigned goods or documents, whichever is lesser. For the purpose of establishing the amount of AIRPAK’s liability under this clause the value of a document or the goods shall be ascertained reference to their replacement or reconstitution value at the time and place of shipment without reference to their commercial utility to the customer and other terms of consequential loss. Consequential loss herein shall bear the same meaning as in clause 10 hereof.
- Any claim brought by a customer against AIRPAK hereunder must be notified by the customer to an office of AIRPAK in writing within 14 days of the date when the documents or goods should have reached their destination after which date, no claim howsoever shall be entertained by AIRPAK. No claim shall be entertained until all outstanding due to AIRPAK from the customer have been fully-settled. The amount of any such claim shall not be set off against any amount owing to AIRPAK.
- AIRPAK will not carry the following goods, documents and materials listed herein and such other goods documents and materials which AIRPAK may notify the customer of from time to time dangerous, hazardous, combustible or explosive materials prohibited drugs, gold and silver billion, coin, dust, cyanides, precipitates, or any form of uncoined gold and precious and semi-precious stones including commercial carbons or industrial diamonds, currency, (paper or coin) of any nationality, negotiable securities, stocks, bonds, certificates, uncancelled postage or revenue stamps, war savings or thrift stamps, blank or endorsed in blank cashier’s cheques, money orders or traveller’s cheques, letters, antiques, pictures, livestock or plants and in the event that any customer should consign such items with AIRPAK the customer shall fully indemnify AIRPAK for all claims, damages and expenses arising in connection therewith and AIRPAK shall have the right to deal with such items as it shall see fit including the right to abandon carriage of the same immediately upon AIRPAK having acknowledge that such item infringes these conditions. The right of inspection referred to in clause 5 shall aslo apply for the purposes of this clause.
- AIRPAK is not an air transport undertaking within the Warsaw Convention 1929 and subsequent air carriage treaties and legislation. AIRPAK acts as agents for its customers when consigning documents or goods with a particular airline or carrier for onward carriage, without prejudice to its general right of subrogation hereunder. AIRPAK shall have the right to recover compensation from any airline or carrier for loss or damage or expense incurred by any customer on behalf of that customer.
- Customers are to arrange insurance coverage on the documents or goods consigned and AIRPAK is under no obligation to provide such insurance coverage.
- The terms and conditions herein shall apply to and incur to the benefit of AIRPAK and its authorised agents, officers, directors and employees.
- When a consignor/shipper hands over cargo to AIRPAK or its third-party service provider, the consignor/ shipper’s representative shall sign a declaration in the following words: “On behalf of the consignor/ shipper, I understand that it is illegal to consign explosives or explosive devices without lawful authority. I also understand that all items of cargo intended to be transported as air freight will be subject to security screening procedures.”