All and any business undertaken by CITY- LINK EXPRESS (M) SDN BHD [hereinafter referred to as
the Company] is transacted to the conditions hereinafter set out and shall be deemed to be a condition of any agreement between the Company
and its Customer or any person acting on behalf of the Customer [ hereinafter referred to as the Shipper]
The Company shall not be bound by any agreement purporting to vary these conditions unless
such agreement shall be in writing and signed on behalf of the Company by an authorized Officer of the Company. All conditions, warranties,
descriptions, representations and agreements not set out in these conditions and whether they be expressed or implied by law, custom or
other are hereby expressly excluded. No officer, servant, agent or representative is authorized to make any representations, statements,
warranties, conditions, and or agreement not expressly set forth in these conditions and the Company is not in any way bound by any of
them or to be taken as to form part of the contract with the Company or collateral to the main contract.
The Company will NOT ACCEPT the following items for courier: CASH (in any currency,
CASH CHEQUES, REDEEMABLE CASH VOUCHERS, NEGOTIABLE INSTRUMENT (share certificates, bonds, etc.) , JEWELLERY/PRECIOUS METALS AND STONES,
PERSONAL DOCUMENTS (identity cards, passports, certificates, etc) , WORKS OF ART, FIREARMS/EXPLOSIVES, ALL COMBUSTIBLE/INFLAMMABLE
PRODUCTS (e.g. paint, turpentine, spirit, etc) , LIQUOR, TABACCO, PERISHABLE FOODSTUFF, ANY OTHER DANGEROUS OR HAZARDOUS ITEMS,
HANDPHONES and any goods or materials that are prohibited by law, rule or regulation of any country.
The Company is not a common carrier. The Company reserves the right to refuse the carriage
or transportation of any class of goods at its discretion.
Whenever the Company undertakes or arranges transport storage or any other services it
shall be authorized to entrust the goods or arrangements to third parties on the latteros contractual conditions. The Shipper shall be
bound by such conditions and shall indemnify the Company against any claims arising out of their acceptance.
When and to the extent that the Company has contracted as principal for the performance
of any services, it undertakes to perform and/or in its own name to procure the performance of those services, and subject to always
to the totality of these Conditions accepts liability for loss or damage to goods taken into its charge and the time when the Company
is entitled to call upon the Shipper to take delivery of the Goods.
The Company shall be deemed to have taken the Shipment [which term shall include all
documents or parcels that travel under one waybill or consignment note and which may be carried by air, road or any other carrier]
into its charge when they have been received by the Company or have been released or handed over by the Shipper to any person acting
on behalf of the Company in accordance with any directions of the Company for the performance of the Shipperos instructions.
The Shipper entering into transactions of any kind with the Company expressly warrant
that neither the transaction nor the carriage of the Shipment is in breach of any statute regulation or other law relating to postal
or courier services and that they are either the owners of or the authorized agents of the owners of any goods or property being the
subject matter of the transaction and by entering into the
transaction they accept these conditions for themselves as well as for all other parties
on whose behalf they are acting. Shipper undertakes to indemnify the Company against any damages, costs and expenses resulting from
any breach of these warranties.
The Shipper and consignees of any Shipment and/or their agents, if any shall be deemed to
be bound by and to warrant the accuracy of all descriptions, values and other particulars furnished to the Company for customs consular
and other purposes and they undertake to indemnify the Company against all losses, damages, expenses and fines arising from any inaccuracy
or omission even in such inaccuracy or omission is not due to any negligence.
The Company shall not be liable under any circumstances for any loss, damage or expense
arising from in any connection with marks, weights, numbers, brands, contents, quality or description of any Shipment.
For delayed Shipments, the Company's liability shall only be limited up to the sum of
the courier charges paid by the Shipper provided that such delay was due to the negligence of the Company, its servants or agents.
The Shipper and consignees and/or their agents, if any shall be liable for any duty, tax,
impost or outlays of whatsoever nature levied by the authorities of any port or place for or in connection with the goods and for any
payments, fines, expenses, loss or damage incurred or sustained by the Company in connection herewith.
(a) The Actual Value of a document (which term shall include any item of no commercial
value which is transported hereunder) shall be ascertained by reference to its cost of preparation or replacement, reconstruction or
reconstitution value at the time and place of shipment whichever is less.
(b) The Actual Value of a parcel (which term shall include any item of commercial value
which is transported hereunder) shall be ascertained by reference to its cost of repair or replacement, resale or fair market value at
the time and place of shipment, whichever is less. In no event shall such value exceed the original cost of the article actually paid by
the Shipper plus 10%.
Any claims brought against the Company with respect to damaged or delayed consignments
shall be made in writing within 48 hours. For lost consignments, notification shall be made within 21 days from the date the documents
or goods were due to arrive at their destination, failing which the Company shall not be held responsible for any loss or damage arising
Shipments which cannot be delivered either because they are insufficiently or incorrectly
addressed or because they are not collected or accepted by the consignee may be sold or returned at the Company's option at any time
after the expiration of 21 days from the date a notice in writing is sent to the address which the sender gave to the Company on
delivery of goods. All charges and expenses arising in connection with the sale or return of the goods shall be paid by the Shipper.
Communication from any agent or correspondence of the Company to the effect that the goods cannot be delivered for any reason shall be
conclusive evidence of that fact.
The packaging of documents and goods is the Shipperos responsibility. The Company will
not be responsible for any loss or damage due to inadequate or inappropriate packaging.
The Company will not accept or deal with any noxious, dangerous, hazardous or inflammable
or explosive goods or any goods likely to cause damage. Any person delivering such good to the Company or causing the Company to handle
or deal with any such goods shall be liable for all loss or damage caused thereby and shall indemnify the Company against all penalties,
claims, damages, costs and expenses arising in connection therewith and the goods may be destroyed or otherwise dealt with at the sole
discretion of the Company or any other person in whose custody they may be at the relevant time. The expression "goods" likely to cause
"damage" include goods likely to harbour or encourage vermin or other pests.
(a) The Company shall not be liable for or in respect of any loss or damage suffered by the
Shipper howsoever caused or arising and without limiting the generality of the foregoing, whether caused or arising by reason or on
account of loss or damage to goods, missed delivery or non-delivery, delay in delivery, concealed damage, deterioration, contamination,
evaporation, cancellations or delays in scheduled air flights, in customs procedures or any re-mailing or any other means of on-forwarding
in or to overseas countries, war, invasion, acts of foreign enemies, hostility (whether war be declared or not), civil war, rebellion,
insurrection, military or usurped power, confiscation or under the order of any Government or public or local authority and whether or not
the same shall be due or alleged to be due to the negligence or any deliberate misconduct or any wrongful act on the part of the Company,
its servants or agents or any other person.
(b) The Company shall not under any circumstances be liable for loss or damage resulting
from or attributed to any quotations, statement, representation, or information, whether oral or in writing howsoever, whosesoever or
to whomsoever made or given by or on behalf of the Company or by any servant, employee or agent of the Company as to the classification
of or liability for amount scale or rate of customs duty, excise duty or other impost or tax applicable to any goods or property are such
that the Company shall commit any breach of any Act Of Parliament regulation or Ordinance or other law made in respect of the same.
The liability of the Company for any loss or damage to the Shipment howsoever arising
and notwithstanding that the cause of the loss be unexplained shall be limited to the lesser of:
The amount of loss or damage to a document or parcel actually sustained; or
The Actual Value of the document or parcel as determined under Clause 11 (a) and (b) hereof,
without regard to its commercial utility or special value to the Shipper.
The Company shall not be liable, in any event, for any consequential or special damages
or other indirect loss, howsoever arising, whether or not the Company had knowledge that such damage might be incurred, including, but
not limited to, loss of income profits, interest, utility or loss of market.
The defences and limits of liability provided by these Conditions shall apply in any action
against the Company whether such action be founded in contract or tort or in any other form.
The contract between the Company and the Shipper shall be governed by local law and
the parties submit to the exclusive jurisdiction of the local courts competent to deal with disputes arising out of this contract.
All goods and documents relating to the goods shall be subject to a particular and
general lien and right of detention for monies due either in respect of such goods or any particular or general balance or other
monies due from the sender owner or consignee and their agents to the Company, if any money due to the Company is not paid within
the terms set out and agreed or within 14 days after the notice has been given to the person from whom the money is due that such
goods are being detained and same may be sold by auction or otherwise at the sole discretion of the Company and at the expense of
such a person for fees applied or towards satisfaction of such indebtedness. The sender owner or consignee and their agents hereby
waives any cross claim payment due.
The Company's charges are calculated according to the higher of actual or volumetric
weight and the shipment may be re-weighed and re-measured by the company to confirm this calculation. For the purposes of ascertaining
the volumetric weight of any parcel, the following formula applies :-
Length x Width x Height (cm) / 5000 = Volumetric weight (Kgs)
The Company's shipment charges do not include insurance cover for Shipments in transit
and the Shippers will arrange insurance for their Shipment for the intended transit. The insurance policy shall include a waiver of
subrogation clause for the benefit of the Company.
City-Link shall not provide any Proof of Delivery after 6 months from the date of shipment.