Terms And Conditions

1. Definition

      Unless otherwise specified or the context otherwise requires, the following terms used in the Shipping Terms and Conditions shall have the meanings set forth below:

           “We”, “Us” or “Our” means ABX EXPRESS (M) SDN BHD, its employees, sub-contractors and agents

           “You” or “Your” means the Sender or the Shipper named in the Consignment Note

           “Shipper” means the person named as the shipper or consignor in the Consignment Note

           “Sender” means to the person who passes the shipment to us. Sender may not be necessarily the shipper

           “Consignee” means the person named as the consignee in the Consignment Note

           “Receiver” means the person or party who receives the shipment

           “Shipment” means all packages or parcels tendered to and accepted by us for carriage under a single Consignment Note

           “Consignment Note” means any waybill or equivalent document in paper or electronic form concerning the Shipment

           “Shipment Terms and Conditions” means this terms and conditions, as may be amended, revised, added, substituted and/or supplemented by us from time to time. You are bound by such amendment, revision, addition, substitution and/or supplementary terms and conditions and you are therefore advised to visit this page regularly to review the latest applicable terms and conditions

           “Working Day” means Monday to Saturday, excluding National Holidays of Malaysia. Nevertheless, if such National Holiday is on Monday as a substitution of another National Holiday falling on previous Sunday, it is considered as a Working Day

2. Acceptance of our Shipment Terms and Conditions

      By ordering our services or delivering the Shipment to us, you agree and/or are agreeing on behalf of the Shipper, the Consignee and any other person having or claiming an interest in the Shipment, that you, the Shipper, the Consignee and any such person shall be bound by the Shipment Terms and Conditions here in mentioned

3. Unacceptable Shipments

      The following items are unacceptable for shipment and you agree not to tender any of the following items for shipment:

           Illegal or prohibited items under applicable laws and regulations

           Dangerous goods and/or parcels including but not limited to hazardous or toxic goods, explosives, weapons or guns

           Used batteries

           Any kinds of tobacco, e-cigarette and/or its related products and/or such product of similar nature

           Any alcoholic beverages

           Money and/or negotiable instruments equivalent to cash such as stocks and/or bonds

           Credit cards, debit cards and/or cash cards

           Personal documents issued by government authorities such as identification cards, passports, driving licenses, etc.

           Documents containing substantial amount of confidential information

           Bullions, loose precious/semi-precious metals or stones

           Collectible items such as antique, artwork

           Plants and plants material including but not limited to seedlings, plant plugs and cut flowers

           Live animals

           Human or animal remains, body parts or organs

           Fresh food and/or raw food including but not limited to meat, fish, poultry

           Perishable and temperature sensitive goods

           Pharmaceutical products

           Liquids, aerosols and gels

           Packages that emit an odour of any kind, e.g. durian

           Shipments without proper and/or adequate packaging

           Shipments packed with foam box

           Shipments that may cause delay and/or damage to other shipments, equipment and/or personnel

           Shipments with the sum of length, width and height more than 200 cm or heavier than 30 kg; and/or

           Shipments that require us to obtain any special license or permit for transportation, importation or exportation

      Notwithstanding any other provisions herein, we shall not be liable to any loss, damage or delayed delivery to any items listed in Section 3 herein

      You shall indemnify and keep us indemnified for any and all claims, costs and/or expenses incurred by us as a result of your violation of any laws, orders, policies, rules and regulations or from tendering of any items listed in Section 3 herein

      In the event we accept the abovestated items for shipment for any reason, the following terms and conditions shall apply:

           All such shipment will be shipped at the Shipper’s own risk

           Perishable and temperature sensitive goods shall not be subject to any special handling unless otherwise agreed in writing by us in advance. You are solely responsible to ensure the perishable and temperature sensitive goods are adequately set with thermostatic controls before tendering the shipment to us. You are to ensure that the perishable goods have been precooled before they are being stuffed into conveyances and/or containers. Unless otherwise agreed, any perishable and temperature sensitive goods accepted by us must be packed to withstand without spoilage a minimum of 48 hours without external power of temperature control or special care of any kind and must be packed to withstand without spoilage a minimum of 24 hours beyond the scheduled pickup or delivery date

           Blood, urine and/or other non-infectious liquid diagnostic specimens must be packed in a sturdy outer container with a sealed, watertight primary receptacle placed inside of a sealed, watertight secondary receptacle. Absorbent material must also be placed inside of the secondary receptacle. It is the responsibility of the Shipper to ensure that proper packaging is used

           For alcohol and/or tobacco, the Shipper and the Consignee must both be either licensed wholesalers, dealers, distributors, manufacturers, or importers

4. Shipper’s Warranties and Indemnities

      The Shipper shall indemnify and hold us harmless for any loss or damage arising out of the Shipper’s failure to comply with the following warranties :

           The Shipment does not contain any item listed in Section 3

           All information provided by the Shipper or its representatives is accurate, correct, genuine and complete

           The Shipper has complied with all applicable customs, import, export and other laws, orders, policies, rules and regulations

           The Shipment is suitably and adequately packed to protect against damage during the course of delivery

      The Shipper shall provide accurate, correct, genuine and complete information required in the Consignment note, including without limitation:

           Shipper’s name, address (including postal code) and contact number

           Consignee’s name, address (including postal code) and contact number

           Information of the shipment, e.g. number of packages, declared value, amount of Cash-On-Delivery (COD), if any

           Service type; and

           Other special instructions, if any

      For security reason and if required, the Shipper is required to provide personal identity document (e.g. Malaysia ID Card, Passport) to our staff for record purposes

5. Customs Clearance

      International shipments must be cleared through customs in the destination country prior to delivery to the Consignee. We are expressly authorized (but shall be under no obligation) by the Shipper and/or the Consignee to advance any duties, taxes, and/or charges and/or to make any payment of the disbursements with respect to the Shipments, if any and you shall reimbursement the same to us prior to the collection of the shipments by the Consignee

      The Shipper shall be responsible to provide accurate, correct, genuine and complete information and/or all necessary documentations required for customs clearance, as and when required. If the Shipper fails to provide the information and/or documentation within such reasonable period as we may reasonably determine, the Shipment will be considered undeliverable

      For the avoidance of doubt, the Shipper shall remain solely responsible for all risks and consequences in relation to the international shipment including but not limited to seizure or confiscation by the relevant authorities in accordance with the applicable laws and regulations

6. Delivery of Shipment

      The delivery is deemed to be completed and delivered in good condition when the Shipment is delivered to the Consignee’s address specified in the Consignment Note (but not necessarily to the named Consignee personally) and acknowledged receipt by the Consignee or any person available at the Consignee’s address

      Shipments cannot be delivered to PO boxes or postal codes

      If the Consignee is not available at the address, we may deliver the shipment to any person available at the Consignee’s address (e.g. co-workers, family members, etc.). Shipments to addresses with a central receiving area may be delivered to that area, for instance, juristic office, management office, reception of the consignee’s address. You shall ensure the accuracy of the Consignee’s address prior to engagement of our services and you shall indemnify and keep us indemnified against all claims, cost and/or expenses incurred as a result of delivery of the shipment to an inaccurate Consignee’s address as specified in the Consignment Note

      For the safety of the shipment, we will not deliver a shipment to a location without any receiver, even upon request of shipper and/or consignee. The Shipper shall be responsible to rectify such incomplete information with us before any subsequent shipment being made

      We will not deliver the Shipment to an address different from the Consignee’s address specified in the Consignment Note unless with the instruction from the Shipper. Consignee shall contact shipper for such request

7. Proof of Delivery

      Signature from the Consignee, the receiver or such person collecting on behalf of the Consignee at the Consignee’s address will be required as a proof of delivery

      In case the Receiver is not the Consignee or such shipment is collected by such person collecting on behalf of the Consignee at the Consignee’s address, our courier will use reasonable endeavors to ascertain the identity of the receiver. The Receiver’s own signature will be required as the proof of delivery

      Under special circumstances where signature cannot be obtained, there will be a remark by our courier. Signature may not be obtained for various reasons, including but not limited to, physical inability of the Receiver or the Consignee

8. Unsuccessful Delivery

      Unsuccessful delivery may occur due to various reasons such as:

           The Consignee or the Receiver refuses to take delivery or pay Cash-On-Delivery (COD)

           The Consignee or the Receiver cannot be reasonably identified or located

           No appropriate person is present at the Consignee’s address to take delivery

           The shipment is pending for action from Consignee (e.g. return call to confirm delivery, pick up shipment at our service point, delivery postponed, etc.)

      Upon the estimated delivery date, in case of unsuccessful delivery on the first attempt, we will attempt to re-deliver the Shipment in two (2) other Working Days within the next seven (7) Working Days without additional charge (i.e. a maximum of three (3) delivery attempts will be made). If the Shipper has chosen to opt out of the “Saturday Delivery” service, Saturdays will be excluded while calculating Working Day under this Section

      If we believe that the Consignee’s information provided by the Shipper is inaccurate or incomplete, we will put the Shipment on hold and seek Shipper’s further instruction

9. Delayed Delivery

      A ‘Delayed Delivery’ refers to a completed delivery which is beyond the estimated delivery date. Estimated delivery date provided is estimate only and is not guaranteed

      While we will make reasonable efforts to deliver the Shipment according to our delivery schedule, time shall not be of the essence in respect of the delivery of Shipment and we shall not be liable to any direct or indirect damages or losses caused by delay in delivery

10. Undelivered Shipment and Return Shipment

      A shipment is considered as “undeliverable” in certain circumstances, for instance:

           All attempts of re-delivery are unsuccessful

           Shipment cannot be delivered successfully within seven (7) Working Days from the estimated delivery date

           Shipper fails to provide further instruction upon our request; or

           Shipper requests to cancel the delivery and/or return the Shipment for any reason whatsoever

      Undeliverable shipment will be returned to the Shipper at the Shipper’s cost, failing which the Shipment may be released, disposed of or sold by us without incurring any liability to the Shipper or anyone else, with the proceeds applied against service charges and administrative costs and the balance of the sales proceeds to be returned to the Shipper (if any)

      All delivery fee and/or other charges paid for the Shipment are non-refundable

      The undelivered Shipment may either be delivered to the Shipper’s address directly, or to one of our service points designated by the Shipper for Shipper’s collection

      If the returned Shipment is be delivered the Shipper’s address, the provisions under Sections 6 to 9 shall apply

      If the returned shipment will be collected at the Shipper’s designated service point, we will contact the Shipper on the day of its arrival and the Shipper shall collect such Shipment within seven (7) Working days, failing which the Shipment may be released, disposed of or sold by us without incurring any liability to the Shipper or anyone else without further notice, with the proceeds applied against service charges and administrative costs and the balance of the sales proceeds to be returned to the Shipper (if any)

11. Delivery Fee and other Charges

      Delivery Fee shall be paid by the Shipper and is calculated based on the following methods:

           Dimensional weight; or

           Comparison of the size of the Shipment (sum of length, width, and height) and its weight. For this method, different sizes and weights have different price brackets and the actual Delivery Fee of the Shipment depends on the price bracket of its size or weight, whichever is higher

      Other charges, e.g. Pick-up Surcharge, Cash-On-Delivery (COD) Surcharge, Insurance Surcharge, Saturday Delivery Surcharge, Manpower Surcharge, Return Surcharge, Special Express Service Surcharge, etc., may also apply to your Shipment. All charges are subject to change without prior notice

      We reserve the rights to revise the delivery fees and other charges from time to time at our absolute discretion and you are advised to confirm the applicable fee and charges prior to each engagement of our services

12. Cash-on-Delivery (COD) Service and Cash-On-Delivery (COD) Surcharge

      If COD Service is selected, Shipper is required to pay a COD Surcharge at such rate to be determined by us from time to time

      Performance of the COD Service does not make us the agent of the Shipper nor create any obligation upon us to the Consignee

      The Shipper assumes all risk related to the collection of the payment, including non-payment, insufficient funds, and forgery

      The Shipper shall indemnify and keep us indemnified against any and all claims, costs and/or expenses incurred by us as a result of any and all risk related to the collection of payment

13. Address Corrections and Re-routing

      If Shipper fails to provide a complete or correct Consignee’s address, we may (but under no obligation) attempt to find the correct address and deliver the Shipment. Should it be unsuccessful, we will attempt to contact the Shipper for instruction. If re-routing is required after the correct address is provided by the Shipper, extra surcharge may incur

      If the Consignee requests for change of delivery address, Consignee shall contact the Shipper who shall give us instruction for re-routing

      All re-routings are subject to payment of surcharges at such rate to be determined by us from time to time

14. Right to Inspect

      We reserve the right to open and inspect a Shipment without notice to you for safety, security, customs or regulatory reasons

      Likewise, there are occasions that government officials may require to open and inspect certain Shipments. You hereby irrevocably authorise us to fully comply with such instruction from the government officials, if required. Prior notice to Shipper or Consignee is not necessary under such occasions

15. Our Liability

      Our liability in respect of any Shipment is limited to direct loss and damage attributable to the sole fault and/or default on our part. Unless the Shipper declare a higher value for carriage and pay the required surcharge, our liability is limited as follows:

           For international Shipments by air: the liability limits under Warsaw Convention or Montreal Convention

           For all other Shipments: the actual value of the Shipment, or RM200.00 per Consignment Note, whichever is the lesser

      We shall not under any circumstances be liable for

           Any loss or damage for any Shipment containing items listed in Section 3 above; or

           Any loss or damage arising from delayed delivery of any shipment; or

           Any loss or damage of any shipment due to circumstances beyond our control (see Section 16); or

           Any indirect or consequential loss or damage

16. International Conventions

      If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention, or the Montreal Convention, as applicable, shall be applicable. These international conventions limit our liability for loss or damage or any other claim regarding any Shipment unless you declare a higher value for carriage and pay the required surcharge

17. Circumstances beyond our Control

      We are not liable for any loss or damage arising out of circumstances beyond our control. These include but are not limited to:

           Damage of data due to magnetic effects of other shipments

           Any act or omission by a person not employed or contracted with us, e.g. Shipper, Consignee, third party, customs or other government official

           Force Majeure, e.g. lockdown, pandemic outbreak, movement restrain order or any other of similar nature, war (declared or undeclared), coups, rebellions, revolts, terrorism, hostage-taking, bombings, or use of war weapons, or any reaction thereto, including commandeering of materials, workforce strike action, Act of God (such as floods, earthquakes, storms, etc.)

18. Filing a Claim

      If you wish to claim for damage or partial loss of Shipment, you must submit your claim in writing to us within fourteen (14) calendar days upon successful delivery

      If you wish to claim for a total loss of Shipment, you must submit your claim in writing to us within fourteen (14) calendar days upon our lost of shipment confirmation

      Claims are limited to one claim per Consignment Note with the supporting documents to prove the value of the claims

      We will not act on any claim until you have paid all transportation charges and any outstanding fees and charges, if any, and you may not deduct the amount of your claim from those charges

      We reserve the right to recall the damaged Shipment from you as a condition of compensation

19. Governing Law

      The Shipment Terms and Conditions shall be governed by the laws of Malaysia and the parties irrevocably submit to the exclusive jurisdiction of the courts of Malaysia

20. Account Opening

      We may require you to register an account with us for us to provide the services as stated above for you. We reserve the absolute discretion to approve or disapprove your registration without the need to assign any reason whatsoever

      We reserve the rights to impose limitations on the maximum allowable credit term (for individual shipment or the aggregated amount from a serious of shipment), if any, in accordance with our internal policy

      We reserve the absolute discretion to suspend/terminate the services to your and/or your account should there be a payment due and payable by you beyond the permitted deadline for payment

      You shall indemnify and keep us indemnified for any and all claims, costs and/or expenses incurred by us as a result of your failure to pay within the deadline for payment

      If you want to re-activate your account subsequently, we reserve the right to charge you a reasonable fees at such rate to be determined by us from time to time at our absolute discretion for the re-activation. The re-activation rate as at the date of this Shipment Terms and Conditions is RM50.00 only

      You hereby acknowledged, agreed and accepted that the Company shall generate the invoice on fortnightly basis and in consideration of the credit term granted by the Company to you, the Company reserve the right to impose an administrative fees of RM50.00 for each invoice generated with a total billable sum of less than RM250.00