Welcome Friday, 20 September 2019 

  Standard Conditions of Carriage
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The customer, upon tender of goods or documents to GD EXPRESS SDN BHD ("GD 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 STANDARD CONDITIONS OF CARRIAGE.
  1. Reference to GD EXPRESS shall include its employees and its appointed agents, wherever situated.

  2. Any business undertaken by GD EXPRESS is carried out subject to the conditions hereinafter set out, each of which shall be deemed to be incorporated by reference into any and all agreements whether written or otherwise between GD EXPRESS and a customer. GD 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 GD EXPRESS 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 GD EXPRESS and each of its customers.

  3. GD EXPRESS is not a common carrier and will only carry documents or goods subject to these conditions herein. GD EXPRESS reserves the rights to refuse the carriage or transportation of any documents or goods or class of documents or goods for any person, firm, company, or entity at its absolute discretion.

  4. GD EXPRESS 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 GD EXPRESS and the customer(s). GD EXPRESS 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 GD EXPRESS thinks fit.

  5. GD 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 GD EXPRESS; PROVIDED THAT, in making this reservation, GD EXPRESS 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 rate quoted by GD EXPRESS to carriage are inclusive of local airport taxes but exclusive of any value added tax, duties, levies, imposts, deposits or outlay incurred in respect of carriage of customer? 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. The Customer shall be responsible for and shall comply with all applicable laws, rules and regulations. GD EXPRESS shall not be liable for any loss or damage incurred due to the customer? documents or goods being impounded by customs or similar authorities. The customer shall indemnify GD EXPRESS for any expenses, surcharge, duties including fees related to prepayment of the same, solicitors fees, legal costs fines, penalties or loss suffered by GD EXPRESS in connection with this Agreement.

  7. The marking and packaging of the customer's documents or goods for transportation is the customer's sole responsibility including the placing of the document or goods in any container, which may be supplied to the customer by GD EXPRESS. GD 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. GD EXPRESS shall not be liable for damage, misdelivery or non-delivery, deterioration, contamination, delay in forwarding or delivery resulting from the customers' failure to comply with its obligations under this Agreement. GD EXPRESS is not obliged to return any undelivered shipments of goods or documents to the customer and GD EXPRESS is entitled to destroy, sell, transfer or otherwise deal with any such undelivered shipments of goods or documents. GD EXPRESS may at its discretion re-deliver such undelivered shipments of goods or documents to the customer wherein the customer shall be charged additional charges as determined by GD EXPRESS from time to time for storage, handling and/or redelivery.

  8. GD 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 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 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 GD EXPRESS against any damages, costs and expenses (including storage costs) resulting from any breach of any term of this Agreement.

  10. GD 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 the Contractor's custody or control provided that such loss or damage was due to the negligence of GD EXPRESS, its servants or agents. Save as aforesaid, GD 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. GD EXPRESS shall not be liable 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 GD EXPRESS, any loss or damage as a result of Act of God, any force majeure occurrence or any acts of public enemies, war, strikes, civil commotions, or acts or omission of public authorities.

  11. The liability of GD EXPRESS shall be limited to the payment by GD EXPRESS by way of damages of a sum not exceeding RM200 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 GD EXPRESS's liability under this clause, the value of documents or 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 GD EXPRESS hereunder must be notified by the customer to an office of GD EXPRESS 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 by GD EXPRESS. No claim shall be entertained until all outstanding due to GD EXPRESS from the customer have been fully settled. The amount of any such claim shall not be set-off against any amount owing to GD EXPRESS.

  13. GD EXPRESS will not carry the following goods, documents and materials listed herein and such other goods, documents and materials which GD EXPRESS may notify the customer of, from time to time, to be dangerous, hazardous, combustible or explosive materials: explosives, corrosive chemicals, hazardous wastes, biohazards, inhalation hazards, poisonous gases, radioactive 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) of any nationality, negotiable securities, stocks, bonds, certificates, uncancelled postage or revenue stamps, war savings or thrift stamps, blank cashier's cheques, money orders or traveller's cheques, antiques, livestock or plants and, in the event that any customer should consign such items with GD EXPRESS, the customer shall fully indemnify GD EXPRESS for all claims, damages and expenses arising in connection therewith and GD 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 GD EXPRESS having knowledge that such item infringes these conditions. The right of inspection referred to in clause 5 shall also apply for the purpose of this clause.

  14. GD EXPRESS is not an air transport undertaking within the Warsaw Convention 1929 and subsequent air carriage treaties and legislation. GD 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 GD EXPRESS 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 coverage.

  15. Customers are to arrange insurance coverage on the documents or goods consignment and GD EXPRESS is under no obligation to provide such insurance coverage.

  16. The terms and conditions herein shall apply to and inure to the benefit of GD EXPRESS and its authorized agents, officer, directors and employees. GD EXPRESS makes no warranties, express or implied.

  17. Any shipment of goods or documents of the Customer is subject to a lien and right of detention for monies due to GD EXPRESS and such goods or documents may be sold by auction or otherwise at the sole discretion of GD EXPRESS in and towards satisfaction of such indebtedness.