All and any business undertaken by Logistics Worldwide Express (HK) Ltd (“LWE”) is transacted to the conditions hereinafter set out and shall be deemed to be the conditions of any agreement between LWE and its customers.
LWE shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing and signed on behalf of LWE by an authorised Officer of LWE. All conditions, warranties, descriptions, representations and agreements not set out under these conditions and whether they be expressed or implied by law, custom or other regulations are hereby expressly excluded. No officer, servant, agent or representative is authorised to make any representations, statements, warranties, conditions and or agreement not expressly set forth in these conditions and LWE is not any way bound by any of them or can the same be taken to form part of a contract with LWE, collateral to the main contract.
LWE is not a common carrier. LWE reserves the right to refuse the carriage or transportation of any class of goods at its discretion.
Whenever LWE undertakes or arranges transport storage or any other services it shall be authorised to entrust the goods or arrangements to third parties on the latter’s contractual conditions. The customer shall be bound by such conditions and shall indemnify LWE against any claims arising out of their acceptance.
Customers entering into transactions of any kind with LWE expressly warrant that neither the transaction or the carriage of the goods is in breach of any statute, regulation or other law relating to postal or courier services and that they are either the owners of or the authorised agents of the owners of any goods or property to the transaction and they accept these conditions for themselves as well as for all other parties on whose behalf they are acting. The customer undertakes to indemnify LWE against any damages, costs and expenses resulting from any breach of these warranties.
The customers, senders, owners and consignees of any goods and their agents, if any shall be deemed to be bound by and to warrant the accuracy of all descriptions, values and other particulars furnished to LWE for customer, consular and other purposes and they undertake to indemnify LWE against all losses, damages, expenses and fines arising from any inaccuracy or omission even if such inaccuracy or omission is not due to any negligence.
LWE shall not be liable under any circumstances for any loss, damage or expense arising from or in any connection with marks, weight, number, brands, contents, quality or description of any goods.
The customers, senders, owners and consignees and their agents, if any shall be liable for any duty, tax, impost or outlays of whatever nature levied by the authorities of any port or places for or in connection with the goods and for any payments, fines, expense, loss or damage incurred or sustained by LWE in connection herewith.
The Actual Value of a document (which term shall include any items of no commercial value which is transported hereunder) shall be ascertained by reference to its cost of preparation or replacement, reconstruction or reconstitution value at the time and place of shipment whichever is less.
The Actual Value of a parcel (which term shall include any item of commercial value which is transported hereunder) shall be ascertained by reference to its cost of repair or replacement, resale or fair market value at the time and place of shipment, whichever is less. In no event shall such value exceed the original cost of the article actually paid by the Shipper plus 10%.
The liability of LWE for any loss or damage to any shipment (which term shall include all document or parcels consigned to LWE) is limited to the lesser of;
RM 200.00; or
The amount of loss or damage to a document or parcel actually sustained; or
The Actual Value of the document or parcel as determined under Section 9 (a) and (b) hereof, without regard to its commercial utility or special value to the shipper.
LWE shall not be liable, in any event, for any consequential or special damages or other indirect loss, howsoever arising, whether or not LWE had knowledge that such damage might be incurred, including, but not limited to, loss of income, profits, interest, utility or loss of market.
All claims must be submitted in writing to LWE within thirty (30) days from the date that LWE accepted the shipment, failing which LWE shall have no liability whatsoever.
Goods which cannot be delivered either because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the consignee may be sold or returned at LWE’s option at any time after the expiration of 21 days from the date a notice in writing is sent to the address which the sender gave to LWE for the delivery of goods. All charges and expenses arising in connection with the sale or return of the goods shall be paid by the customer. A communication from any agent or correspondence of LWE to the effect that the goods cannot be delivered for any reason shall be conclusive evidence of that fact.
LWE will not accept or deal with any noxious, dangerous, hazardous or inflammable or explosive goods or any goods likely to cause damage. Any person delivering such goods to LWE or causing LWE to handle or deal with any such goods shall be liable for all loss or damage caused thereby and shall indemnify LWE against all penalties, claims, damages, costs and expenses arising in connection therewith and the goods may be destroyed or otherwise dealt with at the sole discretion of LWE or any other person in whose custody they may be at the relevant time. The expression “goods likely to cause damage” shall include goods likely to harbour or encourage vermin or other pests.
LWE will not accept money or currency, negotiable instruments or other negotiable items, firearms, parts thereof and ammunition, liquor, works of art, explosives, tobacco, perishables, foodstuffs, other precious metals or stones, pornography, human remains, illegal narcotics / drugs or any other hazardous or combustible materials or property prohibited by any Government of any country from or to or through which your shipments would be carried. Shipments would also be unacceptable if it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association).
LWE shall not be liable for or in respect of any loss or damage suffered by the customer howsoever caused or arising and without limiting the generality of the foregoing, whether caused or arising by reason of or on account of loss or damage to goods, mis-delivery, delay in delivery, concealed damage, deterioration contamination, evaporation, cancellations or delays in scheduled air flights, in custom procedures or any internal re-mailing or any other means of onward forwarding in or to overseas countries, war, invasion, acts of foreign enemies, hostility (whether war be declared or not ) civil war, rebellion, insurrection, military or usurped power, confiscation or under the order of any Government or public or local authority and whether or not the same shall be due or alleged to be due to the negligence or any deliberate misconduct or any wrongful act on the part of LWE, its servants or agents or any other person or entity.
LWE shall not under any circumstances be liable for loss or damage resulting from or attributed to any quotation, statement, representation or information whether oral or in writing howsoever, wheresoever or to whomsoever made or given by or on behalf of LWE or by any servant, employee or agent of LWE as to the classification of or liability for amount, scale or rate of customs duty, excise duty or other impost or tax applicable to any goods or property whatsoever or as to whether any goods or property are such that LWE shall commit any breach of any Act of Parliament, Regulation or Ordinance or other law made in respect of the same.
The contract between LWE and its customer governed by local law and the parties submit to the exclusive jurisdiction of the local courts competent to deal with disputes arising out of this contract.
All goods and documents relating to the goods shall be subject to a particular and general lieu and right of detention for monies due either in respect of such goods or for any particular or general balance or other monies due from the sender, owner or consignee and their agents to LWE, if any money due to LWE is not paid within the terms set out and agreed or within 14 days after notice has been given to the person from whom the money is due that such goods are being detained and same may be sold by auction or otherwise at the sole discretion of LWE and at the expense of such indebtedness. The sender, owner or consignee and their agents hereby waive any cross claim against any payment due.