Terms and Conditions for Carriage Services Domestic And International Shipment.

 IMPORTANT NOTICE

1. When ordering XYZ Express services, you as “Customer”, are agreeing, on your behalf and on behalf of anyone else with an interest in the “Shipment”, that the Terms and Conditions shall apply from the time that XYZ Express accepts the “Shipment” unless agreed in writing and sign by an authorized officer from XYZ Express. Otherwise XYZ Express shall not bound by any agreement purporting to vary these conditions.
2. We reserve the rights to, including but not limited to amend, change, modify the contents of Terms and Conditions at our discretion from time to time. Amendments or any changes will be effective immediately upon the Terms and Conditions has been uploaded on this Web Site. Your continued use of the web site and / or XYZ Express services will represent an agreement by you to be bound by the terms and conditions as amended.

Packaging

1. The Sender shall be responsible for the proper packaging of goods, labelling and intact packaging, in line with the safety requirements and in accordance with the courier standards to go through the transportation process to ensure the safety of goods.
2. The Sender has the responsibility to understand and comprehend the importance to ensure parcel is able to withstand all transit activities including but not limited to movements, impacts, pressure, easy handling etc. The following serves as a minimal guide should the packaging be done at Sender’s end.
3. Ensure appropriate material, quality, sizes of packaging used suitable for shipment carried, considering its nature, weight, sizes, shapes etc. E.g. Fragile items should be packed in boxes with solid in-fillers, documents should be packed in hard-cover paper enveloped etc.
4. Ensure internal fillers are sufficient, proper layering, no space left, well organized, no shifting or movement of content in the packaging or impacts among contents in the packaging (if multiple contents, items should be wrapped individually in the parcel).
5. Ensure sharp or pointy items are properly wrapped, no exposure of sharp or pointy edges to avoid hurting our staffs or damaging other parcels. Sender is fully responsible of any medical or damage if such parcel causes injuries or damages.
6. Ensure high value items are tightly packed, sealed, unconcealable of internal content to outsiders and durable for transit.
7. Packaging of air-freight shipments should comply to IATA (International Air Transport Association) and ICAO (International Civil Aviation Organization) guidelines.
8. The use of XYZ Express provided packaging (including but not limited to materials, supplies and assistance) is not a guarantee that an item is sufficiently packaged for transportation or exemption of Sender’s responsibility. XYZ Express will not be liable for direct or indirect losses on any damages or losses that are caused by packaging problems.

Dangerous and Prohibited Items

1. XYZ Express shall not carry the following items (or any item which contains any element thereof)
   • Dangerous, hazardous, combustible, radioactive, explosive, corrosive, biohazard, inhalation hazard, perishables (save for those which are acceptable by XYZ Express), poisonous gases, prohibited drugs;
   • Any form of gold, silver, jewelry, precious or semi-precious item (i.e. diamond, antique, artwork and etc), personal control documents (i.e. passport, identity card, birth certificate, credit card);
   • Currency (note or coin) of any nationality or negotiable instrument equivalent to cash (i.e. endorsed stock, bond, cheque), livestock, plant and any item that is prohibited by local or (any) foreign law. Should the Customer tender for Shipment any items as aforesaid with XYZ Express, the Customer shall indemnify and keep XYZ Express harmless against any claim, loss, damage, including legal cost (on a solicitor-and-client basis) in connection therewith.
2. XYZ Express shall be vested with the right to deal with such Shipment in any manner as it deems fit, including the right to abandon and destroy the Shipment. XYZ Express shall exclude its liability howsoever arising from such Shipment accepted by mistake on the part of XYZ Express.
3. Once XYZ Express has discovered any odor items, perishable items, prohibited items and/or dangerous goods in the shipment(s), which makes it impossible to fulfil the conditions of transit, XYZ Express will evaluate the items’ condition and shall retain the right to dispose it accordingly without further reference to the Sender and the Receiver.
4. XYZ Express is not liable in any way whatsoever for any direct and/or consequential claims in damages, lost and/or delay of shipment if the item is deferred, detained, withheld, returned to sender, or was not processed because it contains or consists of dangerous goods or prohibited postings, regardless of whether the item was intentionally or unintentionally sent by the sender or received by XYZ Express.
5. XYZ Express reserves the rights to amend or change the classes of goods or items which are categorized as Dangerous Goods or Prohibited Items at any time without prior notice.
6. Sender understands that XYZ Express  is subjected to security screening and clearing procedures by the local airport police and relevant authorities in accordance with local law, and that civil and criminal penalties, including forfeiture and sale, may be imposed for making false or fraudulent statements or consigning explosives or explosive devices without lawful authority. If any penalty, fine or compound is imposed, Sender shall be fully responsible for all the costs incurred. Sender shall indemnify and hold XYZ Express harmless from and against all liabilities, cost, charges or legal actions as a result of the Sender’s non-compliance with this Clause.

Customer’s Obligations

1. 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.
2. No Shipment which are or may become dangerous (whether or not so listed in codes), inflammable, damaging, injurious (including radioactive materials), noxious or which are or may become liable to damage any property or Person whatsoever shall be tendered to XYZ Express for Carriage without XYZ 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.
3. If any such Shipment are delivered to XYZ Express without such written consent and / or marking or if in the opinion of XYZ Express the Shipment are or are 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 XYZ Express right to additional charges incurred by XYZ Express 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.
4. The sender is also responsible for posting of any fraudulent, imitation, counterfeit, stolen, pilferage or illegal goods including but not limited to phones, watches, branded items,jewelries or other items sent. 
5. XYZ Express is not responsible or being part of this fraudulent / scam / illegal / criminal activities any costs of posting, direct or indirect damages or lost on the aforesaid items, regardless of whether the item was sent by the sender or received by XYZ Express, intentionally or unintentionally.
6. 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 XYZ Express is governed by and will be limited according to the applicable rules.

Insurance

1. Every Shipment is transported on a limited liability basis on the terms stated herein. XYZ Express liability is strictly limited to direct loss and damage only. If the customer requires greater protection, XYZ Express 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 XYZ Express customer service hotline and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delay.
2. The Sender is compulsory to purchase insurance if the actual value of the parcel is more than RM1,000.00 (Ringgit Malaysia One Thousand). If the sender did not insure his parcel, in the event when the entire parcel or any part of the parcel thereof has been lost or damaged during the transportation, the compensation shall be based on Clause 17- limited liability.
3. The sender may purchase insurance from XYZ Express to insure his own goods at a rate of 1% of the parcel actualcost or value. The maximum coverage limit of the insurance shall be capped at RM10,000.00
4. Sender is responsible to ensure insurance is purchased for posting out any item with correct value as per purchase invoice.
5. There is no obligation from XYZ Express to recommend a shipment to be insured and Sender, at Sender’s own risk, shall procure any additional insurance coverage at own cost.
6. No further insurance can be purchase or accepted upon full payment of shipment fee or once delivery commenced. XYZ Express will refund only the fee charge for insurance (insurance fee) in the event a particular parcel is not insurable and / or fall outside the scope of insurance coverage as provided by insurer or in the event such insurance fee been received intentionally or unintentionally by XYZ Express .

Custom clearance

1. 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 XYZ Express as Customer’s agent solely for performance of custom clearance. The Customer shall provide proper documentation whenever required.
2. Sender is responsible to ensure all the necessary or required approvals, licenses, permissions and clearances have been obtained from all relevant authorities and the posting of restricted or controlled items have been declared and accompanied with all original supporting documents evidencing the said approval, permission and clearance (Example: Declaration Form for dangerous goods and prohibited items).
3. The Sender is responsible to ensure that the posting is accompanied with complete supporting documents.Duty rest solely on the Sender where Sender shall provide required documentation for customs clearance. By providing required documentation, the Sender certifies that all statements and information relating to exportation and importation are true and correct. XYZ Express is not responsible for any direct or indirect costs occurred due to Sender’s negligence if due to incomplete documents.

Claims

1. Claim on damage/lost to the parcel or its content can only be claimed by the Sender or the representative of the Sender who has been authorized in writing by the Sender. The claim request together with required physical and effective proof and any other necessary documents for damages or lost must be completely filled up and submitted within 48 hours upon receiving of the items. The required documents include but not limited to 

1.1. Claim request form.

1.2. Copy of bank account statement.

1.3. Copy of the consignment bill.

1.4. Original tax invoice from Supplier to verify actual price of the content.

1.5. Tax invoice of consignment bill (if have) (f) Copy Identity card of applicant which has been certified true copy or a copy of business registration certificate (SSM) if the claimant is a  business entity

1.6. Insurance claim form and documents required by insurance company (for insured items) (h) declaration form (only applicable for international shipment)

1.7.  Any other required supporting documents and submitted to the nearest XYZ Express branch.

2. Notwithstanding the claims’ documents listed in the list is non-exhaustive and XYZ Express reserve the right to obtain further documents to facilitate the investigation of the claim request.
3. Non-cooperation by the Sender such as incomplete submission of documents, breach of the 48 hours deadline, non-respond from Sender shall be deemed prejudicial XYZ Express   reserve the rights to reject the claim request.
4. XYZ Express (M) Sdn Bhd reserves the right to refuse any claim if the complainant is unable to verify or unable to provide sufficient evidence that the damage / lost occurred within XYZ Express control.
5. Insured items will only be able to claim insurance with completely comply to terms and conditions of insurance company as well as those listed herein.
6. Claims are limited to one claim per shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith.
7. For domestic and non-insured shipments, XYZ Express shall only be liable for the direct losses for damaged or lost items, but is limited to the following : 
8. The actual amount of loss or damage based on the actual value / costs of the contents as stated on purchase invoice of damaged or lost items or a maximum of RM 200.00 for domestic shipments, whichever is lower, for each consignment note with contents weighing 1.0 kg and below.
9. The actual amount of loss or damages is based on the actual value / costs of the content as stated on purchase invoice of damaged or lost items or a maximum of RM 300.00 for domestic shipments, whichever is lower, for each consignment note with contents weighing 1.01 kg or above.
10. For international shipment, the actual amount of loss or damages is based on the actual value/costs of the content as stated on purchase invoice of damaged or lost items or a maximum of RM 400.00 for each international shipment, whichever is lower.
11. The Sender has to insure their item with insurance if the total value of item exceeded the limit of compensation covered by XYZ Express. The Sender shall proceed their claim through insurance if they have insured their items and the above clause 17.1(A) and (B) shall not be applicable for insured items.

Delivery Interruption Due To External Factors

1.XYZ Express shall not be liable for any delivery interruption due to causes beyond XYZ Express control including, but not limited to:

1. The unavailability or refusal of a person to accept delivery of the shipment,
2. Disease, outbreak, global health emergency, or pandemic,
3. Acts of God,
4. Natural disasters,
5. War risks,
6. Acts of terrorism,
7. Acts of public authorities acting with actual or apparent authority,
8. Acts or omissions of customs or similar authorities, authority of law,
9. Insufficient information provided by a customer,
10. The application of security regulations imposed by the government or otherwise applicable to the shipment,
11. Riots,
12. A government agency hold, strikes or other labor disputes, civil unrest.
13. Disruptions of any kind in national or local air or ground transportation networks (including, but not limited to, XYZ Express transportation network),
14. Disruption or failure of communication and information systems.
15. Adverse weather conditions.
16. A fire or robbery occurred at the XYZ Express office premises, although the company has taken appropriate safety control measures.
17. Online scam and/or any other scamming or deceiving activities conducted where XYZ Express is used to provide delivery service.
18. XYZ Express (M)Sdn. Bhd shall not be liable for any of the above (a – r) events, regardless of whether XYZ Express has been advised of the possibility of such damages.