Standard Conditions of Carriage
By the Conditions set out below, JiFEE Technologies Sdn Bhd (here in after called the “ Company “ and its servants and agents are not be liable at all for certain losses and damage and, if they are to be liable, the amount of liability is in all circumstances limited to the amount stated. Customers are, therefore, advised to seek their own insurance cover in any areas in which liability and fault are not clearly accepted by Company.
1. Company shall in these conditions include, Company operating divisions and their respective associate companies and appointed agents in the country of domicile of the customers.
2. Any business undertaken by Company is carried out subject to the conditions hereinafter set out, each of which shall be deemed to be incorporated in and to be a condition of any agreement, whether written, oral or implied between Company and a customer. Company shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing signed on behalf of Company by a competent officer thereof. In the absence any such written agreement to the contrary these conditions shall constitute the entire agreement between Company and each of its customers.
3. Company is not a common carrier and will only carry documents or goods subject to these conditions which can only be altered in accordance with Clause (2) above. Company reserves the right to refuse the carriage or transportation of any documents or goods for any person, firm or company and the carriage or transportation of any class of documents or goods at its absolute discretion.
4. Company undertakes, subject to payment in accordance with rates notified to the customer from time to time, to carry the customers documents or goods between destinations agreed between Company and the customers. Company reserves the right carry the customers documents on goods by any route and procedure any by successive carriers and according to its handling, storage and transportation methods.
5. Company will notify customers from time to time of any materials which are not acceptable by Company for carriage Company reserves the right to inspect the documents consigned by its customers to ensure that all documents or goods are capable of carriage to the countries of destinations within the standard operating procedures, customs declaration and handling methods of Company does not warrant 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.
6. The packaging of the customers documents or goods for transportation is the customers responsibility including the placing of the documents or goods in any container which may be supplied to the customer by Company. Company accepts no responsibility for loss or damage to documents or goods caused by inadequate or inappropriate packaging. It is the sole responsibility of the customer to address adequately each consignment of documents or goods to enable effective delivery to be made. Company shall not be liable for delay in forwarding or delivery resulting from customers failure to comply with its obligations in this respect.
7. The customer is liable for all losses damages and expenses arising as a result of its failure to comply with its obligations under this agreement for as a result of its negligence.
8. Company will only carry documents or goods which are the property of the customer and the customer warrants 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 Company against any damages costs and expenses resulting from any breach of this warranty.
9. Company is responsible for the customers documents or goods whilst they are within its custody or control and shall be liable subject to Clause. (10) hereof for loss sustained by the customer due to damage to or loss of the documents or goods whilst in Company’s custody, provided that such loss or damage was due to the negligence of Company, its servants or agents. Save as aforesaid Company 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 the same shall arise. The parties agree that consequential loss shall be deemed to include within restriction commercial, financial or other direct-loss including loss of interest and utility. Company shall not be liable for any loss or damage incurred by the customer due to any delays in the carriage or delivery of documents or goods which are beyond the control of Company.
10. The liability of Company under these conditions shall be limited to the payment by Company by way of damage of a sum not exceeding BND$100 or its equivalent per consignment. For the purpose of establishing the amount of Company’s liability under this clause, the value of a document of the goods shall be ascertained by 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 items of consequential loss.
11. Any claim brought by a customer against Company hereunder in respect of duties and liabilities must be notified by the customer to an office of Company in writing within 28 days of the day when the documents or goods should have reached their destination.
12. Company will not carry (in addition to those items mentioned in Clause 3 hereof) dangerous, hazardous, combustible or explosive materials, gold and silver bullion, coin dust, cyanides, precipitates, or any form of uncoined gold and silver are bullion, platinum and other precious metals, precious and semi precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, negotiable securities, stocks, bonds, certificates, unconcealed 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 in the event that any customer should consign such items with Company the customer shall indemnify Company for all claims, damages and expenses arising in connection therewith and Company shall have the right to deal with such items as shall see fit, including the right to abandon carriage of the same immediately upon Company having knowledge that such item infringes these conditions. The right of inspection referred to in Clause (5) shall also apply or the purposes of this clause.