Terms of Service
Terms of Service
The Customer, upon tender of goods or documents to NATIONWIDE EXPRESS 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 NATIONWIDE EXPRESS STANDARD CONDITIONS OF CARRIAGE.
- 1 Reference to NATIONWIDE EXPRESS shall include NATIONWIDE EXPRESS’s appointed agents wherever situated.
- 2 Any business undertaken by NATIONWIDE EXPRESS is carried out subject to the conditions hereinafter set out each of which shall be deemed to be incorporated by reference into any all agreements whether written or otherwise between NATIONWIDE EXPRESS and a customer. NATIONWIDE EXPRESS shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing and signed on behalf of NATIONWIDE EXPRESS by duly authorized officer thereof in the absence of any such written agreement to the contrary shall constitute the entire agreement to the contrary these conditions shall constitute the entire agreement between NATIONWIDE EXPRESS and each of its customers.
- 3 NATIONWIDE EXPRESS is not a common carrier and will only carry documents or goods subject to these conditions herein, NATIONWIDE EXPRESS reserves the right to refuse the carriage or transportation of any documents or goods or class of document or goods for any person, firm, company, or entity at its absolute discretion.
- 4 NATIONWIDE EXPRESS undertakes, subject to payment in accordance with notifies to the customer from time to time, to carry the customer’s documents or goods between destinations agreed between NATIONWIDE EXPRESS and customer(s). NATIONWIDE EXPRESS reserves the right to carry the customer’s documents or goods by any route and procedure and by any courier or successive and according to any handling, storage and transportation methods as NATIONWIDE EXPRESS thinks fit.
- 5 NATIONWIDE EXPRESS 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 operating procedures, customs declaration and handling methods of NATIONWIDE EXPRESS PROVIDED THAT in making this reservation NATIONWIDE EXPRESS does not undertake or represent that any particular item to be carried is capable and delivery without infringing the law of any county or state form, to or through which the item may be carried.
- 6 Any rated quoted by NATIONWIDE EXPRESS to carriage are inclusive of local airport taxes but exclusive of any value added tax, duties, levies, impost, 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 the 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 the Receiver NATIONWIDE EXPRESS shall not be liable for any loss or damage incurred due to the customer’s documents or goods being impounded by customs or similar authorities and the customer shall indemnify NATIONWIDE EXPRESS for any fines penalties or loss suffered by NATIONWIDE EXPRESS in connection therewith.
- 7 The making and packing of the customers’ documents or goods for transportation is the customer’s sole responsibility including the placing of the documents or goods in any container which may be supplied to the customer by NATIONWIDE EXPRESS 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. NATIONWIDE EXPRESS shall not be liable for delay in forwarding for delivery resulting form the customers failure to comply with its obligations in this respect.
- 8 NATIONWIDE EXPRESS shall not be liable for all or any losses, damages and expenses arising as a result of the customers failure to comply with the customer's obligations under this Agreement or as a result of the customer’s negligence.
- 9 The customer warrants that the customer is the true owner of the goods or documents consigned for carriage or is the duly 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 NATIONWIDE EXPRESS against any damages, costs and expenses resulting form any breach of this warranty.
- 10 NATIONWIDE EXPRESS 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 NATIONWIDE EXPRESS custody provided that such loss or damage was due to the negligence of NATIONWIDE EXPRESS , it servants or agents, save as aforesaid NATIONWIDE EXPRESS 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, profit, markets and utility. NATIONWIDE EXPRESS shall not be liable for any loss of damage incurred by the customer due to any delay in the carriage of delivery of documents or goods which are beyond the control of NATIONWIDE EXPRESS or any loss or damage as a result of Act of God or any force majeure occurrence.
- 11 The liability of NATIONWIDE EXPRESS shall be limited to the payment by NATIONWIDE EXPRESS by way of damages of a sum not exceeding RM200 or it equivalent per consignment of the value of consigned goods or documents whichever is lesser. For the purpose of establishing the amount of NATIONWIDE EXPRESS liability under this clause value of a document of the goods shall be ascertained by reference to their replacement 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 shall bear the same meaning as in clause 10 hereof.
- 12 Any claim brought by a customer against NATIONWIDE EXPRESS hereunder must be notified by the customer to an office of NATIONWIDE EXPRESS in writing within 14 days of the date when the documents or goods should have reached their destinations, after which date, no claim howsoever shall be entertained by NATIONWIDE EXPRESS. No claim shall be entertained until all outstandings due to NATIONWIDE EXPRESS from the customer have been fully settled. The amount of any such claim shall not be set off any amount owing to NATIONWIDE EXPRESS.
- 13 NATIONWIDE EXPRESS will not carry the following goods, documents and materials listed herein and such other goods, documents and material which NATIONWIDE EXPRESS may notify the customer of from time to time 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 of coin) or any nationality, negotiable securities, stocks, bonds, certificates, uncancelled postage or revenue stamps, war savings or thrift stamps, blank or endorsed cheques, letter, antiques, pictures, livestock, or plants and in the event that any customer should consign such items NATIONWIDE EXPRESS the customer shall fully indemnify NATIONWIDE EXPRESS for all claims, damages and expenses arising in connection therewith and NATIONWIDE EXPRESS 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 NATIONWIDE EXPRESS having knowledge that such item infringes these conditions. The right on inspection referred to in clause 5 shall apply for the purpose of this clause.
- 14 NATIONWIDE EXPRESS is not an air transport undertaking within the Warsaw Convention 1929 and subsequent air carriage treaties and legislation. NATIONWIDE EXPRESS 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 NATIONWIDE EXPRESS shall have the right to recover compensation form any airline or carrier for loss damage or expense incurred by any customer on behalf of that customer.
- 15 Customer are to arrange insurance coverage on the documents or goods consignment and NATIONWIDE EXPRESS is under no obligation to provide such insurance coverage.
- 16 The terms and conditions herein shall apply to and incur to the benefit of NATIONWIDE EXPRESS and its authorized agents, officers, directors and employees.