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YMGE TERMS & CONDITION
When ordering YMGE’s services, you as “Customer”, are agreeing, on your behalf and on behalf of anyone else with an interest in the “Shipment”, that the Terms and Conditions shall apply from the time that YMGE accepts the “Shipment”. Every “Shipment” is transported on a limited liability basis as provided herein. If “Customer” requires greater protection, then insurance may be arranged at an additional cost.
- - Unless otherwise specified or the context otherwise requires, the following terms used in the Terms and Conditions shall have the meanings set forth below:
- We”, “Us” or “Our” means YMGE (YM Global Express And Logistics Services Sdn Bhd), its employees, sub-contractors and agents.
- You” or “Your” means the Shipper, Consignor and named as the shipper in the Consignment Note.
- “Shipper” means the person named as the shipper in the Consignment Note.
- “Sender” means to the person who passes the shipment to us. Sender may not be necessarily the shipper.
- “Consignee” means the person named as the consignee in the Consignment Note.
- “Receiver” means to the person or party who receives the shipment.
- “Shipment” means all packages tendered to and accepted by us for carriage under a single Consignment Note.
- “Consignment Note” means any waybill or equivalent document in paper or electronic form concerning the Shipment.
- “Terms and Conditions” means these standard terms and conditions, as may be amended or supplemented by us from time to time.
- “Working Day” means Monday to Saturday, excluding National Holidays of Malaysia. Nevertheless, if such National Holiday is on Monday as a substitution of another National Holiday falling on previous Saturday, it is considered as a Working Day.
2. By ordering our services or delivering the Shipment to us, you, are agreeing on behalf of the Shipper, the Consignee and any other person having or claiming an interest in the Shipment, that you and such person shall be bound by the Terms and Conditions.
3. The following items are unacceptable for shipment and you agree not to tender any of the following items for shipment:
- Illegal or prohibited items under applicable laws and regulations;
- Dangerous goods including hazardous or toxic goods, explosives, weapons or guns;
- Human or animal remains, body parts or organs;
- Packages that emit an odor of any kind, e.g. durian;
- Shipments without proper or adequate packaging;
- Shipments that may cause delay or damage to other shipments, equipment or personnel;
- Shipments that require us to obtain any special license or permit for transportation, importation or exportation.
- - Notwithstanding any other provisions herein, we shall not be liable to any loss, damage or delayed delivery to any shipment which contain of items listed in Section 3.
- - You shall indemnify us for any and all claims, costs, and expenses incurred by us as a result of your violation of any laws and regulations or from tendering of any items listed in Section 3.
4. The Shipper shall indemnify and hold us harmless for any loss or damage arising out of the Shipper’s failure to comply with the following warranties:
- The Shipment does not contain any item listed in Section 3
- All information provided by the Shipper or its representatives is accurate and complete
- The Shipper has complied with all applicable customs, import, export and other laws and regulations
- The Shipment is suitably and adequately packed to protect against damage during the course of delivery
- The Shipper shall provide correct information required in the Consignment note, including Shipper’s details(Name, address including postal code and contact number),Consignee’s details (name, address including postal code and contact number)
- Information of the shipment, e.g. number of packages, shipment value
- For security reason, the Sender is required to provide personal identity document (e.g. Malaysia ID Card, Passport) to our staff for record.
5. Delivery of Shipment
- - The delivery is deemed to be completed when the Shipment is delivered to the Consignee’s address specified in the Consignment Note, but not necessarily to the named Consignee personally.
- - Shipments cannot be delivered to PO boxes or postal codes.
- - If the Consignee is not available at the address, we may deliver the shipment to any person available at the Consignee’s address (e.g. co-workers, family members, etc.). Shipments to addresses with a central receiving area may be delivered to that area, for instance, juristic office, management office, reception of the consignee’s address.
- - For the safety of the shipment, we will not deliver a shipment to a location without any receiver, unless upon request of shipper and /or consignee.
- - We will not deliver the Shipment to an address different from the Consignee’s address specified in the Consignment Note unless with the instruction from the Shipper. Consignee shall contact shipper for such request.
6. Proof of Delivery
- - Consignee name, ID number and Contact number will be required as a proof of delivery no matter the receiver is or not the person stated in the consignment note.
7. Unsuccessful Delivery
- - Unsuccessful delivery may occur due to various reasons such as:
- The Consignee refuses to take delivery
- The Consignee cannot be reasonably identified or located;
- No appropriate person is present at the Consignee’s address to take delivery;
- The shipment is pending for action from consignee (e.g. return call to confirm delivery, pick up shipment at our service point, delivery postponed, etc.)
- Upon the estimated delivery date, in case of unsuccessful delivery on the first attempt, we will attempt to re-deliver within the next 7 Working Days without additional charge (i.e. a maximum of 3 delivery attempts will be made).
- If we believe that the Consignee’s information provided by the Shipper is inaccurate or incomplete, we will put the Shipment on hold and seek Shipper’s further instructions.
8. Delayed Delivery
- - A ‘Delayed Delivery’ refers to a completed delivery which is beyond the estimated delivery date. Estimated delivery dates provided are estimates only and are not guaranteed.
- - While we will make reasonable efforts to deliver the Shipment according to our delivery schedule, time shall not be of the essence in respect of the delivery of Shipment and we shall not be liable to any direct or indirect damages or losses caused by delays in delivery.
9. Undelivered Shipment and Return Shipment
- - A shipment is considered as “undeliverable” in certain circumstances, for instance:
- All attempts (3 Max Attempts achieved) of re-delivery are unsuccessful
- Shipment cannot be delivered successfully within 7 Working Days upon estimated delivery date;
- Shipper fails to provide further instruction upon our request; or
- Shipper requests to cancel the delivery and/or return the Shipment for any reason.
- - All delivery fee and other charges paid for the Shipment are non-refundable.
- - The Shipment may either be delivered to the Shipper’s address directly, or to one of our service points designated by the Shipper for Shipper’s collection.
- - If the returned Shipment will be delivered the Shipper’s address, the provisions under Sections 7 shall apply.
10. Delivery Fee and other Charges
- - Delivery Fee shall be paid by the shipper and is calculated based on the following methods:
- Dimensional weight, or
- Comparison of the size of the Shipment (sum of length, width and height) and its weight. For this method, different sizes and weights have different price brackets and the actual Delivery Fee of the Shipment depends on the price bracket of its size or weight, whichever is higher.
- Special rate proposed by YMGE Which approved by Sales Manager
- - Other charges, e.g. Pick-up Surcharge, Insurance Surcharge, Manpower Surcharge, Return Surcharge, Special Delivery arrangement Surcharge, re-arrange charge after max attempt, etc., may also apply to your Shipment. All charges are subject to change with prior notice.
11. Address Corrections and Re-routings
- - If Shipper fails to provide a complete or correct Consignee’s address, we may attempt to find the correct address and deliver the Shipment. Should it be unsuccessful, we will attempt to contact the Shipper for instructions. If re-routing is required after the correct address is provided by the Shipper, extra surcharge may incur.
- - If the Consignee requests for change of delivery address, Consignee shall contact the Shipper who shall give us instructions for re-routing.
- - All re-routings are subject to payment of surcharges.
12. Right to Inspect
- - We reserve the right to open and inspect a Shipment without notice to you for safety, security, customs or regulatory reasons.
- - Likewise, there are occasions that government officials may require to open and inspect certain Shipments. We need to fully comply with such instruction. Prior notice to Shipper or Consignee is not necessary.
13. Our Liability
- - Our liability in respect of any Shipment is limited to direct loss and damage. Unless the Shipper declare a higher value for carriage and pay the required surcharge, our liability is limited as follows:
- For all Shipments: the actual value of the Shipment, or RM200 per Consignment Note, whichever is the lesser.
- - We shall not under any circumstances be liable for:
- Any loss or damage for any Shipment containing items listed in Section 3
14. Circumstances beyond our Control
- - We are not liable for any loss or damage arising out of circumstances beyond our control. These include but are not limited to:
- Damage of data due to magnetic effects of other shipments;
- Any act or omission by a person not employed or contracted with us, e.g. Shipper, Consignee, third party, customs or other government official;
- Force Majeure, e.g. war (declared or undeclared), coups, rebellions, revolts, terrorism, hostage-taking, bombings, or use of war weapons, or any reaction thereto, including commandeering of materials, workforce strike action, Act of God (such as floods, earthquakes, storms, etc.).
15. Filing a Claim
- - If you wish to claim for damage or partial loss of Shipment, you must submit your claim in writing to us within fourteen (14) calendar days upon delivery.
- - If you wish to claim for a total loss of Shipment, you must submit your claim in writing to us within fourteen (14) calendar days upon our lost confirmation.
- - Claims are limited to one claim per Consignment Note.
- - We will not act on any claim until you have paid all transportation charges, and you may not deduct the amount of your claim from those charges.
- - We reserve the right to recall the damaged Shipment from you as a condition of compensation.
16. Governing Law
- - The Terms and Conditions shall be governed by the laws of Malaysia and the parties irrevocably submit to the exclusive jurisdiction of the courts of Malaysia.