MONSTER LOGISTICS GROUP SDN BHD
Terms & Condition Of Carriage (Ver.1)
The Customer, upon tender of goods or documents to Monster Logistics Group Sdn Bhd 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 “Terms & Condition Of Carriage (Ver.1)”. By the conditions set out below Monster Logistics Group Sdn Bhd, its subsidiaries, respective employees, agents and independent contractor are firstly not to be liable at all certain losses and damage, and secondly wherever they are to be liable, the amount of liability is strictly limited to the amount stated in Clause. Customers are therefore advised to purchase insurance cover to ensure that their interests are protected.
1. DEFINITIONS
The following definitions shall apply to the terms and conditions set out below which govern this Terms & Condition Of Carriage (Ver.1) between you and us: “We”, “us” and “our” means subsidiaries affiliates of Monster Logistics Group Sdn Bhd and their respective employees, agents and independent contractors; “You” and “your” means the sender, shipper, consignor, consignee of the Shipment, holder of this consignment note, receiver and owner of the contents of the Shipment or any other party having a legal interest in those contents; “Carriage” means and includes the whole of the operations and services undertaken by us in connection with the Shipment; “Prohibited Items” means any goods or materials, the Carriage of which is prohibited by any law, rule or regulation of the country in which the Shipment originates, any intermediate stop or destination country for the Shipment; “Shipment” means any envelope, document, package, parcel, satchel or freight which is or are given to and accepted by us for Carriage and is transported under this consignment note.
2. THE PARTY WITH WHOM YOU ARE CONTRACTING
Your contract is with the subsidiary or affiliate of Monster Logistics Group Sdn Bhd or any of their independent contractors that originally accepts the Shipment from you, their respective employees, agents and independent contractors.
3. ACCEPTANCE OF OUR TERMS AND CONDITIONS
By giving us your Shipment, you accept our terms and conditions set out in this Terms & Condition Of Carriage (Ver.1) on behalf of yourself or anyone else who has an interest in the Shipment irrespective of whether you have signed the front of this consignment note or not. Our terms and conditions also cover anyone we use to collect, transport or deliver your Shipment. None of our employees, agents or sub-contractors and authorized to waive, alter or modify these terms and conditions. Where you give us the Shipment with oral or written instructions which conflict with these terms and conditions, we shall not be bound by such instructions.
4. COMMON CARRIER
We are not a common carrier and will only carry documents or goods subject to these conditions herein and therefore we reserve the rights 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. We undertake, subject to payment in accordance with rates notified to the customer from time to time, to carry your documents or goods between destinations agreed between you and us. We have the right to carry your documents or goods by any route and procedure or by any carrier or successive carriers and according to any handling, storage and transportation methods as we think fit.
5. RIGHT TO INSPECT
We reserve the right but not the obligation to inspect the goods or documents consigned by you to ensure that all such documents or goods are capable of carriage to the countries or destination within the standard operating procedures, customs declaration and our handling methods PROVIDED THAT in making this reservation, we do 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 and through the item may be carried. Your shipment may, at our option or at the request of governmental authorities, be opened and inspected by us or such authorities at any time.
6. FORMULA CALCULATION, RATES AND PAYMENT
6.1 Domestics Shipment Delivery (Within Malaysia)
Transit Via Air or Land:
Charged Rates is based on Actual Weight (On Weighing Scale), Or Volumetric weight [(Length x Width x Height In Cm) / 6000] whichever higher
Transit Via Sea:
Charged Rates is based on Cubic Metre (m3) = (Length x Width x Height In meter)
6.2 International Shipment Delivery
Transit Via Air or Land:
Charged Rates is based on Actual Weight (On Weighing Scale), Or Volumetric weight [(Length x Width x Height In Cm) / 5000] whichever higher
Any rates quoted by us 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 your documents or goods. Should you indicate by endorsement in the space provided on the Consignment Note that the Receiver shall be liable for any customs duty, you shall be liable for such customs duty in the event of default in payment by the Receiver. We will not be liable for any loss or damage incurred due to your documents or goods being impounded by customs or similar authorities, and you will indemnify us for any fines, penalties, or loss suffered by us in connection therewith.
7. EXTENT OF OUR LIABILITY
Our Standard liability will be limited to the payment by us by way of damage of a sum not exceeding RM200 or its equivalent per consignment or the value of the consigned goods or documents, whichever is lesser. For the purpose of establishing the amount of our liability under this clause, the value of a document of the goods shall be ascertained by reference to their constitution value at the time and place of shipment without reference to their commercial utility to the customer and other items of consequential loss. Consequential loss herein shall bear the same meaning as in clause 8 hereof.
8. EXCLUSIONS OF LIABILITY
IN ANY EVENT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS HOWEVER ARISING, IN EXCESS OF THE DECLARED VALUE FOR CARRIAGE (INCLUDING BUT NOT LIMITED TO LOSS OF INCOME OR PROFITS), WHETHER OR NOT WE HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED UNLESS SUCH DAMAGES WERE CAUSED BY OUR OWN WILFUL MISCONDUCT OR GROSS NEGLIGENCE. Consequential loss includes but is not limited to the loss of income, profits, interest, markets, and use of contents. We will not be liable for any loss or damage to documents or goods caused by inadequate, inappropriate, or defective packaging. It is your sole responsibility to mark and pack your documents or goods for transportation, including the placing of the documents or goods in any container which may be supplied by us. It is also your responsibility to address adequately and clearly each consignment or documents or goods to enable effective delivery to be made. We will not be liable for your act of negligence or omissions, including but not limited to incorrect declaration of cargo, improper or insufficient packing, securing, marking or addressing of the shipment, or for the acts or omissions of the recipient or anyone else with an interest in the shipment. Also, we will not be liable if you or the recipient violate any of the terms of our agreement. We will not be liable for the loss of or damage to shipments of cash currency or other prohibited items. We will not be liable for loss, damage, or delay caused by events we cannot control, including but not limited to acts of God, perils of the air, weather conditions, mechanical delays, acts of public enemies, war, strikes, civil commotions, or acts or omissions of public authorities (including customs and health officials) with actual or apparent authority.
9. CLAIMS FOR LOSS AND DAMAGE
If the goods are damaged, you must apply for compensation within 2 days. Lost parcels must apply for compensation within 14 days of the last day’s tracking message, after which date, no claim whatsoever shall be entertained by us. No claim shall be entertained if the goods are lost and damaged before customs clearance due to customer’s reasons and airline causes.
9.1 Special for only Singapore Premium Delivery Service
A. Payout standard
i. Lost – Max Up RM 1000.00/shipment or whichever lower.
ii. Damaged – Max Up Rm 1000.00 / shipment or whichever lower.
B. Claim Required Proof
i. Damaged – Recipients are required to provide proof of dismantling, provide damaged photos (inside and outside of the parcel, damaged parts Image), video recording of whole shipment contents.
C. Compensation Time
If the conditions for payment are satisfied, Monster Logistics Group Sdn Bhd will make compensation within 10 working days
9.2 Others
Parcels deemed as contraband by the customs and destroyed, no compensation.
10. ITEMS NOT ACCEPTABLE FOR TRANSPORTATION
We do not accept transportation of money, coins, or other negotiable instruments equivalent to cash such as endorsed stocks and bonds. We also do not accept goods which are restricted by IATA or other National or International regulations for surface transport of Dangerous Goods including anything that is a Prohibited Item. We exclude all liability for shipments of such items accepted by mistake. Other items may be accepted for carriage only to limited destinations or under restricted conditions. We reserve the right to reject packages based upon these limitations or for reasons of safety or security.
11. INSURANCE
You are to arrange insurance coverage on the documents or goods consignment. Insurance coverage is 3% of the goods value, the maximum coverage amount is RM 5000.
12. UNCLAIMABLE PRODUCT
Cash, checks, bills, documents, negotiable securities, letters of credit, passports, artworks, paintings, gold and silver, jewelry, diamonds, jade, cultural relics and antiques, perishable items, fusible items, glass, ceramics, lamps, marble and other fragile items or items containing fragile parts, dangerous goods, inflammable and explosive items, satellites, weapons and ammunition, military supplies, animals and plants, seafood, fresh goods, goods requiring refrigerated, repaired items, used goods, second-hand goods, MP3, MP4, mobile phones, hard drives, computers and other electronic products.