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Standard Conditions of Carriage |
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1. All and any business undertaken by CITY-LINK
EXPRESS (M) SDN BHD (“City-Link”) is transacted to the
conditions hereinafter set out and shall be deemed to be
the conditions of any agreement between City-Link and
its customers.
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2. City-Link shall not be bound by any agreement
purporting to vary these conditions unless such
agreement shall be in writing and signed on behalf of
City-Link by an authorised Officer of City-Link. All
conditions, warranties, descriptions, representations
and agreements not set out under these conditions and
whether they be expressed or implied by law, custom or
other regulations are hereby expressly excluded. No
officer, servant, agent or representative is authorised
to make any representations, statements, warranties,
conditions and or agreement not expressly set forth in
these conditions and City-Link is not any way bound by
any of them or can the same be taken to form part of a
contract with City-Link, collateral to the main
contract.
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3. City-Link is not a common carrier. City-Link
reserves the right to refuse the carriage or
transportation of any class of goods at its discretion.
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4. Whenever City-Link undertakes or arranges
transport storage or any other services it shall be
authorised to entrust the goods or arrangements to third
parties on the latter’s contractual conditions. The
customer shall be bound by such conditions and shall
indemnify City-Link against any claims arising out of
their acceptance.
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5. Customers entering into transactions of any
kind with City-Link expressly warrant that neither the
transaction or the carriage of the goods 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 authorised agents of the owners of any goods
or property to the transaction and they accept these
conditions for themselves as well as for all other
parties on whose behalf they are acting. The customer
undertakes to indemnify City-Link against any damages,
costs and expenses resulting from any breach of these
warranties.
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6. The customers, senders, owners and consignees
of any goods and 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
City-Link for customer, consular and other purposes and
they undertake to indemnify City-Link against all
losses, damages, expenses and fines arising from any
inaccuracy or omission even if such inaccuracy or
omission is not due to any negligence.
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7. City-Link shall not be liable under any
circumstances for any loss, damage or expense arising
from or in any connection with marks, weight, number,
brands, contents, quality or description of any goods.
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8. The customers, senders, owners and consignees
and their agents, if any shall be liable for any duty,
tax, impost or outlays of whatever nature levied by the
authorities of any port or places for or in connection
with the goods and for any payments, fines, expense,
loss or damage incurred or sustained by City-Link in
connection herewith.
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9. (a) The Actual Value of a document (which term
shall include any items 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%.-
(c) The liability of City-Link for any loss or damage to
any shipment (which term shall include all document or
parcels consigned to City-Link) is limited to the lesser
of;
(i) RM 200.00; or
(ii) The amount of loss or damage to a document or
parcel actually sustained; or
(iii) The Actual Value of the document or parcel as
determined under Section 9 (a) and (b) hereof, without
regard to its commercial utility or special value to the
shipper.
(d) City-Link shall not be liable, in any event, for any
consequential or special damages or other indirect loss,
howsoever arising, whether or not City-Link had
knowledge that such damage might be incurred, including,
but not limited to, loss of income, profits, interest,
utility or loss of market.
(e) All claims must be submitted in writing to City-Link
within thirty (30) days from the date that City-Link
accepted the shipment, failing which City-Link shall
have no liability whatsoever.
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10. Goods 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 City-Link’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 City-Link for the delivery of goods.
All charges and expenses arising in connection with the
sale or return of the goods shall be paid by the
customer. A communication from any agent or
correspondence of City-Link to the effect that the goods
cannot be delivered for any reason shall be conclusive
evidence of that fact.
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11. City-Link 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 goods to City-Link or causing
City-Link to handle or deal with any such goods shall be
liable for all loss or damage caused thereby and shall
indemnify City-Link 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 City-Link or any
other person in whose custody they may be at the
relevant time. The expression “goods likely to cause
damage” shall include goods likely to harbour or
encourage vermin or other pests.
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12. City-Link will not accept money or currency,
negotiable instruments or other negotiable items,
firearms, parts thereof and ammunition, liquor, works of
art, explosives, tobacco, perishables, foodstuffs, other
precious metals or stones, pornography, human remains,
illegal narcotics / drugs or any other hazardous or
combustible materials or property prohibited by any
Government of any country from or to or through which
your shipments would be carried. Shipments would also be
unacceptable if it is classified as hazardous material,
dangerous goods, prohibited or restricted articles by
IATA (International Air Transport Association).
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13. (a) City-Link shall not be liable for or in
respect of any loss or damage suffered by the customer
howsoever caused or arising and without limiting the
generality of the foregoing, whether caused or arising
by reason of or on account of loss or damage to goods,
mis-delivery, delay in delivery, concealed damage,
deterioration contamination, evaporation, cancellations
or delays in scheduled air flights, in custom procedures
or any internal re-mailing or any other means of onward
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 City-Link, its servants
or agents or any other person or entity.
(b) City-Link shall not under any circumstances be
liable for loss or damage resulting from or attributed
to any quotation, statement, representation or
information whether oral or in writing howsoever,
wheresoever or to whomsoever made or given by or on
behalf of City-Link or by any servant, employee or agent
of City-Link 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 whatsoever or as to whether any goods or
property are such that City-Link shall commit any breach
of any Act of Parliament, Regulation or Ordinance or
other law made in respect of the same.
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14. The contract between City-Link and its
customer 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.
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15. All goods and documents relating to the goods
shall be subject to a particular and general lieu and
right of detention for monies due either in respect of
such goods or for any particular or general balance or
other monies due from the sender, owner or consignee and
their agents to City-Link, if any money due to City-Link
is not paid within the terms set out and agreed or
within 14 days after 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 City-Link and at the expense of
such indebtedness. The sender, owner or consignee and
their agents hereby waive any cross claim against any
payment due. |
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