| 1. |
Reference to SecureXpress shall include SecureXpress
appointed agents, wherever situated. |
| 2. |
Any business undertaken by SecureXpress is carried
out subject to the conditions hereinafter set out each
of which shall be deemed to the incorporated by reference
into any and all agreements whether written or otherwise
between SecureXpress and a customer. SecureXpress shall
not be bound by any agreement purporting to vary these
conditions unless such agreement shall be in writing
and signed on behalf of SecureXpress by a duly authorized
officer thereof in the absence of any such written
agreement to the contrary these conditions shall constitute
the entire agreement between SecureXpress and each
of its customers. |
| 3. |
Secure Xpress is not a common carried and will only
carry documents or goods subject to these conditions
herein SecureXpress reserves the right to refuse the
carriage or transportation of any documents or goods
or class of documents or goods for any person, firm,
company or entity as its absolute discretion. |
| 4. |
SecureXpress undertakes subject to payment in accordance
with rates notified to the customer from time to time
to carry the customer's documents or goods between
destinations agreed between SecureXpress and the customer(s).
SecureXpress reserves the right to carry the customer's
documents or goods by any route and procedure and by
any carrier or successive carriers and according to
any handling storage and transportation methods as
SecureXpress thinks fit. |
| 5. |
SecureXpress reserves the right but not the obligation
to inspect the goods or documents consigned by its
customers to ensure that all such documents or goods
are capable of carriage to the countries of destination
within the standard operation procedures customs declaration
and handling methods of SecureXpress provided that
in making this reservation SecureXpress does 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 or through
which the item may be carried. |
| 6. |
Any rates quoted by SecureXpress to carriage are
inclusive of local airport taxes but exclusive of any
value added tax, duties, levis, imposts, deposits or
outlays incurred in respect of carriage of customer's
documents or goods. Should the customer indicate by
endorsement in the space provided on the consignment
note that Receiver shall be liable for any customs
duty, the customer shall be liable for such customs
duty in the event of default in payment by Receiver.
SecureXpress shall not be liable for any loss or damaged
incurred due to the customer's documents or goods being
impounded customs or similar authorities and the customer
shall indemnity SecureXpress for any fines, penalties
or loss suffered by SecureXpress in connection therewith. |
| 7. |
The marking and packaging of the customers documents
or goods for transportation is the customers sole responsibility
including the placing of the documents or goods in
any container which may be supplied to the customer
by SecureXpress. SecureXpress accepts no responsibility
for loss or damage to documents or goods caused by
inadequate, inappropriate or defective packaging. It
is the sole responsibility of the customer to address
adequately and clearly each consignment of documents
or goods to enable effective delivery to be made SecureXpress
shall not be liable for delay in forwarding or delivery
resulting from the customers failure to comply with
its obligations in this respect. |
| 8. |
SecureXpress shall not be liable for all or any losses,
damages and expenses arising as a result of the customers'
failure to comply with the customers' obligations under
this Agreement or as a result of the customers' negligence. |
| 9. |
The customer warrants that the customer is the true
owner of the goods or documents consigned for carriage
or is the duty authorized agent of the true owner and
that it is authorized 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
SecureXpress against any damages, costs and expenses
resulting from any breach of this warranty. |
| 10. |
SecureXpress shall be liable subject to clause 11 hereof, for loss
sustained by the customer due to damage or loss of
the documents or goods whilst in SecureXpress custody
or control provided that such loss or damage was due
to the negligence of SecureXpress its servants or agents.
Save as aforesaid SecureXpress 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 arising. The parties agree that consequential
loss shall be deemed to include without restriction
commercial financial or, other direct loss including
loss of interest, profits, markets and utilities SecureXpress
shall not be for any loss or damage incurred by the
customer due to any delay in the carriage or delivery
of documents or goods which are beyond the control
of SecureXpress or any loss or damage as a result of
Act of God or any force majeure occurrence. |
| 11. |
The liability of SecureXpress shall be limited to the payment by
SecureXpress by way of damages of a sum not exceeding
RM100 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 SecureXpress
liability under this clause the value of a document
or the goods shall be ascertained by reference to their
repayment or 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 bear the same meaning as
in clause 10 hereof. |
| 12. |
Any claim brought by a customer against SecureXpress hereunder must
be notified by the customer to an office of SecureXpress
in writing within 14 days of the date when the documents
or goods should have reached their destination after
which date, no claim howsoever shall be entertained
until all outstandings due to SecureXpress from the
customer have been fully settled. The amount of any
such claim shall not be set-off against any amount
owing to SecureXpress. |
| 13. |
SecureXpress will not carry the following goods, documents and material
listed herein and such goods, documents and materials
which SecureXpress may notify the customer of from
time to time as dangerous, hazardous, combustible or
explosive materials, prohibited drugs, gold and silver
bullion, coin, dust cyanides, precipitates, or any
form of uncoined gold and precious and semi-precious
stones including commercial carbons or industrial diamonds,
currency (paper or coin) of any nationality, negotiable
securities, stocks, bonds, certificates, uncancelled
postage or revenue stamps war saving or thrift stamps,
blank or endorsed in blank cashier's cheque, money
orders or travelers cheques, letters, antiques, pictures,
livestock or plants and in the event that any customer
should consign such items with SecureXpress the customer
shall fully indemnify SecureXpress for all claims,
damages and expenses arising in connection therewith
and SecureXpress shall have the right to deal with
such items as it shall see fit including the right
to abandon carriage of the same immediately upon SecureXpress
having knowledge that such items infringes these conditions.
The right of inspection referred to in clause 5 shall
also apply for the purpose of the clause. |
| 14. |
SecureXpress is not an air transport undertaking within Warsaw Convention
1929 and subsequent air carriage treats and legislation
SecureXpress acts as agents or its customer when consigning
documents or goods with a particular airline or carrier
for onward carriage without prejudice to its general
right of subrogation hereunder SecureXpress shall have
the right to recover compensation from any airline
or carrier for loss damage or expense incurred by any
customer on behalf of that customer. |
| 15. |
Customer is to arrange insurance overage on the documents or goods
consigned and SecureXpress is under no obligation to
provide such insurance coverage. |
| 16. |
The terms and conditions herein shall apply to an incur to the benefit
of SecureXpress and its authorized agents, officers,
directors and employees. |
