T
Terms and Conditions
or
Contract of International Freight Forwarding
1.0Commencement
i.This contract shall come into force on the date of signing by the Sender (hereinafter referred to as a client).
ii.Where the client delivers their goods to the Fei Yue Express Company Limited (hereinafter referred to as “the company”) domestic transshipment warehouse in China and requests that the Company ships the goods to Zambia, the client shall be deemed to have accepted the terms and conditions stated without further notice and shall be bound thereto.
2.0 Consolidation of Air and Sea Cargo parcels
i.Sea and Air freight parcels are transported on consolidated consignments.
3.0 Prohibited goods
i.The Company does not transport the following goods: explosives, inflammatory, corrosive, radioactive, toxic, narcotic, psychotropic drugs, cash, white powder, batteries and power-banks counterfeit goods, cosmetics, make-up and other prohibited or restricted goods by any State through which goods originate, transits or indeed are destined for.
ii.Any client who conceals any of these goods in a consignment being transported by the Company shall be solely responsible for the consequences and legal liabilities that may arise from the transportation of such goods, including indemnifying the Company for any cost arising therefrom.
4.0 Freight fee
i.The Company charges for freight only i.e., the amount for sending goods via air or sea according to the weight and volume of the goods being transported and NOT the value of the goods. Therefore, any compensation from the Company for damage or loss of goods cannot exceed the amount charged for freight and does not extend to the value of the goods. For the avoidance of doubt, the Company has no obligation to compensate the client of the goods for the value of their goods.
5.0 Client’s duty to disclose
i.All clients must make a full and honest disclosure of the quantity and value of the goods to be transported by the Company and provide an accurate and a clear packing list, client’s contact number, recipient's full name, recipients contact number, email address, country of destination and the detailed address.
6.0 Preventive Measures
i.In order to ensure safe transportation, shall and are highly encouraged take measures towards their goods prevent damage or the potential of it according to the condition of the goods (especially the fragile goods).
ii.The measures to be taken by the client includes but is not limited to putting a wooden box to protect the goods from damage.
iii.The Company will shall not be liable to compensate any client for the damage of fragile goods during transportation as a result of non-compliance to this condition by the client.
7.0 Delivery method
i.The Company does not provide a door-to-door delivery service for the goods and so goods shall be collected from the destination warehouse.
ii.If necessary and where the client request for a delivery elsewhere other than the destination warehouse or designated pick-up point of the Company, the Company will entrust personnel of a third-party to provide the service, and the expenses incurred shall be borne by the client or alternatively will be added to the freight of the delivered goods.
8.0 Disposal of Uncollected Goods
i.Once goods arrive at the Company’s warehouse in Zambia, they will be kept by the Company and stored in the warehouse subject to the provisions of the Disposal of Uncollected Goods Act, Chapter 410 of the Laws of Zambia (hereinafter referred to as the Act).
ii.The provisions of the Act give the Company a right to sell the goods which are ready for collection and in respect of which freight charges have not been paid and the recipient has failed to collect the goods within six (6) months from the date the goods arrive at the warehouse.
9.0 Storage and Handling fees
i.Goods that arrive at the Company’s warehouse in Zambia are required to be collected from the warehouse within seven (7) days from the date of arrival at the warehouse. Where goods are not collected within the specified duration, the goods will incur storage fees starting from the 8th day of there being uncollected.
ii.If the goods cannot be collected or are returned by the recipient, the expenses incurred by the Company in relation to the storage and handling of the goods shall be borne by the client or sender of the goods.
10.0 Payment methods
i.The Company accepts the following payment methods: bank transfer, cheque, mobile money, cash or other payments as provided for by the Company.
ii.Kindly note that Company’s charges are denominated in the United States of America (US) Dollars. If the payment is made in any currency other than US dollars, the charge shall be settled according to the bank currency exchange rate of the day.
11.0 Exemption clause
i.The Company shall be exempted from liability for the following circumstances:
a)The loss of goods caused by the natural nature of the freight or reasonable wear and tear;
b)The loss of goods caused by force majeure such as natural disasters, air disasters, wars among others;
c)Losses caused by the fault of the client (sender) or the recipient;
d)Loss as a result of delay caused by traffic control, freight delays, inspections, customs clearance and other government actions that causes or may cause freight delays;
e)Loss and liability as a result of the sender sending goods listed as prohibited;
12.0 Obligation of the recipient
i.Recipients are strongly urged to check the condition of their goods at the time of collecting the goods.
ii.The Company will not accept any responsibility for claims brought after the goods have been collected.
13.0 Cargo Insurance
i.Cargo insurance shall be as prescribed by the Company.
14.0 Compensation Policy
i.The following shall be the compensation policy of the Company and shall bind the Company and every client including every recipient of the goods.
ii.If uninsured goods are damaged or lost due to the Company's fault, the Company's compensation standard does not extend to the value of the goods but only limited to the freight component. As such, the maximum compensation shall not exceed 2 times of the freight amount charged by the Company.
iii.If insured goods are damaged or lost due to the Company's fault, the Company shall compensate according to the declared value of the goods and/or the proportion of the loss.
iv.If, however, the declared value is higher than the actual value, the compensation shall be made according to the actual value, provided that the compensation amount shall not exceed 3 times of the fees charged by the Company.
v.Since the Company is a freight forwarding company, in an event of damage or loss of goods caused by a shipping company, aircraft or trailer, the Company will claim for compensation from that third party. For bulk cargo, the third-party compensation results will be distributed according to the proportion of freight charged by the Company.
i.In an event that the goods are found to be infringing intellectual property, prohibited or indeed restricted by the country from which goods originate, transit or destined, the loss of those goods by withholding or confusion caused by the customs inspection or intervention by any other authorities shall be borne by the client themselves.
ii.In a case of bulk cargo, the owner shall bear the loss or damage caused to the goods as a result of intellectual property infringement, prohibition or restriction by law. While for other affected clients, the Company will give the relevant delay compensation according to the degree of damage.
iii.When claiming for compensation, the claimant shall provide valid identification certificate, sender/receiver document, detailed list of goods, declaration value certificate and other relevant information. For details of claims, please refer to "Claim Rules" details.
iv.No claim shall be brought before the Company after fourteen days (14) from the date when such a claim became due.
17.0 Governing Law
i.This agreement shall be governed by and construed in accordance with the laws of Destination Country. If any of the provisions in this agreement are inconsistent or in conflict with the laws of Destination Country, the relevant laws and regulations or standards of the Republic of Destination Country shall take supremacy.
18.0 Dispute Resolution
i.The parties shall make every effort to resolve amicably by direct informal negotiation any dispute arising between them under or in connection with this agreement.
ii.If, after thirty days (30) from the commencement of such informal negotiations, the parties are unable to amicably resolve the dispute, either party may refer the dispute for resolution to an arbitrator in accordance with the provisions of the Arbitration Act No. 19 of 2000 or its successor Act.
iii.The Parties shall agree on and appoint a single arbitrator and the seat of arbitration shall be at City, Destination Country. If the parties fail to agree on and appoint an arbitrator within thirty days of the dispute being referred to arbitration, either party may request the Chartered Institute of Arbitrators – Destination Country Branch to appoint the arbitrator. The arbitration proceedings shall be conducted in English and arbitration fees shall be born equally by the parties.
19.0 Reference to Company
i.In this agreement, reference to ‘the Company’ is reference to………………….(name of Chinese entity) and……………………(name of Destination Country entity) as one Company.
Thank you and we value your association
or
Contract of International Freight Forwarding
1.0Commencement
i.This contract shall come into force on the date of signing by the Sender (hereinafter referred to as a client).
ii.Where the client delivers their goods to the Fei Yue Express Company Limited (hereinafter referred to as “the company”) domestic transshipment warehouse in China and requests that the Company ships the goods to Zambia, the client shall be deemed to have accepted the terms and conditions stated without further notice and shall be bound thereto.
2.0 Consolidation of Air and Sea Cargo parcels
i.Sea and Air freight parcels are transported on consolidated consignments.
3.0 Prohibited goods
i.The Company does not transport the following goods: explosives, inflammatory, corrosive, radioactive, toxic, narcotic, psychotropic drugs, cash, white powder, batteries and power-banks counterfeit goods, cosmetics, make-up and other prohibited or restricted goods by any State through which goods originate, transits or indeed are destined for.
ii.Any client who conceals any of these goods in a consignment being transported by the Company shall be solely responsible for the consequences and legal liabilities that may arise from the transportation of such goods, including indemnifying the Company for any cost arising therefrom.
4.0 Freight fee
i.The Company charges for freight only i.e., the amount for sending goods via air or sea according to the weight and volume of the goods being transported and NOT the value of the goods. Therefore, any compensation from the Company for damage or loss of goods cannot exceed the amount charged for freight and does not extend to the value of the goods. For the avoidance of doubt, the Company has no obligation to compensate the client of the goods for the value of their goods.
5.0 Client’s duty to disclose
i.All clients must make a full and honest disclosure of the quantity and value of the goods to be transported by the Company and provide an accurate and a clear packing list, client’s contact number, recipient's full name, recipients contact number, email address, country of destination and the detailed address.
6.0 Preventive Measures
i.In order to ensure safe transportation, shall and are highly encouraged take measures towards their goods prevent damage or the potential of it according to the condition of the goods (especially the fragile goods).
ii.The measures to be taken by the client includes but is not limited to putting a wooden box to protect the goods from damage.
iii.The Company will shall not be liable to compensate any client for the damage of fragile goods during transportation as a result of non-compliance to this condition by the client.
7.0 Delivery method
i.The Company does not provide a door-to-door delivery service for the goods and so goods shall be collected from the destination warehouse.
ii.If necessary and where the client request for a delivery elsewhere other than the destination warehouse or designated pick-up point of the Company, the Company will entrust personnel of a third-party to provide the service, and the expenses incurred shall be borne by the client or alternatively will be added to the freight of the delivered goods.
8.0 Disposal of Uncollected Goods
i.Once goods arrive at the Company’s warehouse in Zambia, they will be kept by the Company and stored in the warehouse subject to the provisions of the Disposal of Uncollected Goods Act, Chapter 410 of the Laws of Zambia (hereinafter referred to as the Act).
ii.The provisions of the Act give the Company a right to sell the goods which are ready for collection and in respect of which freight charges have not been paid and the recipient has failed to collect the goods within six (6) months from the date the goods arrive at the warehouse.
9.0 Storage and Handling fees
i.Goods that arrive at the Company’s warehouse in Zambia are required to be collected from the warehouse within seven (7) days from the date of arrival at the warehouse. Where goods are not collected within the specified duration, the goods will incur storage fees starting from the 8th day of there being uncollected.
ii.If the goods cannot be collected or are returned by the recipient, the expenses incurred by the Company in relation to the storage and handling of the goods shall be borne by the client or sender of the goods.
10.0 Payment methods
i.The Company accepts the following payment methods: bank transfer, cheque, mobile money, cash or other payments as provided for by the Company.
ii.Kindly note that Company’s charges are denominated in the United States of America (US) Dollars. If the payment is made in any currency other than US dollars, the charge shall be settled according to the bank currency exchange rate of the day.
11.0 Exemption clause
i.The Company shall be exempted from liability for the following circumstances:
a)The loss of goods caused by the natural nature of the freight or reasonable wear and tear;
b)The loss of goods caused by force majeure such as natural disasters, air disasters, wars among others;
c)Losses caused by the fault of the client (sender) or the recipient;
d)Loss as a result of delay caused by traffic control, freight delays, inspections, customs clearance and other government actions that causes or may cause freight delays;
e)Loss and liability as a result of the sender sending goods listed as prohibited;
12.0 Obligation of the recipient
i.Recipients are strongly urged to check the condition of their goods at the time of collecting the goods.
ii.The Company will not accept any responsibility for claims brought after the goods have been collected.
13.0 Cargo Insurance
i.Cargo insurance shall be as prescribed by the Company.
14.0 Compensation Policy
i.The following shall be the compensation policy of the Company and shall bind the Company and every client including every recipient of the goods.
ii.If uninsured goods are damaged or lost due to the Company's fault, the Company's compensation standard does not extend to the value of the goods but only limited to the freight component. As such, the maximum compensation shall not exceed 2 times of the freight amount charged by the Company.
iii.If insured goods are damaged or lost due to the Company's fault, the Company shall compensate according to the declared value of the goods and/or the proportion of the loss.
iv.If, however, the declared value is higher than the actual value, the compensation shall be made according to the actual value, provided that the compensation amount shall not exceed 3 times of the fees charged by the Company.
v.Since the Company is a freight forwarding company, in an event of damage or loss of goods caused by a shipping company, aircraft or trailer, the Company will claim for compensation from that third party. For bulk cargo, the third-party compensation results will be distributed according to the proportion of freight charged by the Company.
15.0 Sensitive goods
i.The owner of sensitive goods shall confirm with the taking over personnel of the Company before sending the goods, failure to which, the Company shall treat the goods as normal goods and shall default to normal goods transfer and thus will not be liable for the damage to the goods.¡¡. Regarding motorcycles, cars and other motor vehicles, we do not support transportation. If the customer does not say in advance to our Guangzhou warehouse, resulting in the shipment arriving at the destination, our company will not provide a customs clearence registration certificate.
i.In an event that the goods are found to be infringing intellectual property, prohibited or indeed restricted by the country from which goods originate, transit or destined, the loss of those goods by withholding or confusion caused by the customs inspection or intervention by any other authorities shall be borne by the client themselves.
ii.In a case of bulk cargo, the owner shall bear the loss or damage caused to the goods as a result of intellectual property infringement, prohibition or restriction by law. While for other affected clients, the Company will give the relevant delay compensation according to the degree of damage.
iii.When claiming for compensation, the claimant shall provide valid identification certificate, sender/receiver document, detailed list of goods, declaration value certificate and other relevant information. For details of claims, please refer to "Claim Rules" details.
iv.No claim shall be brought before the Company after fourteen days (14) from the date when such a claim became due.
17.0 Governing Law
i.This agreement shall be governed by and construed in accordance with the laws of Destination Country. If any of the provisions in this agreement are inconsistent or in conflict with the laws of Destination Country, the relevant laws and regulations or standards of the Republic of Destination Country shall take supremacy.
18.0 Dispute Resolution
i.The parties shall make every effort to resolve amicably by direct informal negotiation any dispute arising between them under or in connection with this agreement.
ii.If, after thirty days (30) from the commencement of such informal negotiations, the parties are unable to amicably resolve the dispute, either party may refer the dispute for resolution to an arbitrator in accordance with the provisions of the Arbitration Act No. 19 of 2000 or its successor Act.
iii.The Parties shall agree on and appoint a single arbitrator and the seat of arbitration shall be at City, Destination Country. If the parties fail to agree on and appoint an arbitrator within thirty days of the dispute being referred to arbitration, either party may request the Chartered Institute of Arbitrators – Destination Country Branch to appoint the arbitrator. The arbitration proceedings shall be conducted in English and arbitration fees shall be born equally by the parties.
19.0 Reference to Company
i.In this agreement, reference to ‘the Company’ is reference to………………….(name of Chinese entity) and……………………(name of Destination Country entity) as one Company.
Thank you and we value your association
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