All and any business undertake by MACROLINK EXPRESS (M) SDN BHD (hereinafter call the “Company’) is transacted to the conditions hereinafter set out and shall be deemed to be a conditions of any agreement between the company and if customer. No officer servant agent or representative is authorized to make any representations statement, warranties, conditions or agreements not expressly set forth in these conditions. The company is not in any way bound by any of them nor can same be taken to form part of a contact with the “Company” collateral to the man contract.
The shipper, owner and consignee agree that shipment for carriage is subject to the TERM AND CONDITIONS OF CONTRACT stated herein with effect on the date of shipment which incorporated by reference. The shipper, owner and consignee shall be bound & buy such conditions and shall indemnity the company against any claim arising out of the acceptance.
The company reserves the right to refuse any shipment that is restricted by IATA (International Air Transport Association) or ICAO (International Civil Aviation Organisation), documents and Materials prohibited by any government and law, shipment under stock bonds, negotiable securities, any form of negotiable instruments, hazardous and combustible materials, prohibited drugs and in the event that any claims, damage and expenses arising in connection therewith and the company shall have the sight to deal with such items if shall see fit including in the right to abandon carriage or the same immediately upon having knowledge of the shipment. The right to inspection referred in clause 4 shall be also apply for the purpose of this clause.
The company reserves the right but not the obligation to inspect and open the goods or shipment at any time with the changes incurred bound by the shipper, owner or consignee to ensure all shipment are capable of carriage with the standards operating procedures and custom declaration.
The company shall not be liable under any circumstances of any loss, damage or expense arising from or in any connection with marks weights, numbers, brands, content quality and description of any goods.
The shipper, owner and consignee, if any shall be liable for any duty, tax, impost or outlays of whatsoever nature levied by the authorities of any part or Destination or in connection with the goods and for any payment fines, expenses, loss or damage incurred or sub stained by the company in connection herewith.
The Liability of the company for any loss or damages upon shipment tender to the company under this Air Waybill is limited to RM200 (Ringgit Malaysia Two Hundred Only) per shipment or the actual amount of losses or damages sustained, whichever is lower, unless advance written agreement are made between the company and its customer.
The company shall not be liable for any claim in any event include, Act of God(Example Earthquake, Cyclone, Storm, Flood), Force Majeure (Example War, Plane Crash, Embargo) any defect or characterized to do with the nature of this shipment even if known to us when we accepted, an action or omission by any are outside of the company. The company also shall not be liable in any event, for any consequential or special damage, that arise in contractor any other form of civil action, delayed of the shipment, negligence or even if they are our fault whether or not the company had knowledge the such damage might be incurred including but not limited to loss of income, profits, interest, utility or loss of market.
Goods which cannot be delivered either due to insufficiently or incorrectly addressed or because they are not collected or accepted by the shipper, consignee and owner may be sold or returned at the company option at any time after the expiration of 20 days from the date of a notice in writing send to the address which the sender, consignee and owner gave to the company on delivery of goods. In the event of returning the shipment to shipper, warehouse storage and handling incurred pending for the deposition, the shipper, owner or consignee shall be liable for all the changes cost and expenses incurred.
Shipment receipt by the consignee or its agents without written notification on the P.O.D copy of this Air Waybill or delivery Manifest will be prime faces evidence that the shipment was delivered in good condition. Any claim brought by the shipment owner or consignee again the company hereunder must be notified in writing within 14 days of the date of the consigned good have reach or delivery to the consignee, shipper or owner, in the event notice not filed within the time & limit, a set forth herein the company shall have no liability for any such Claim. No Claim shall be entertained until all outstanding due to company for that times by the consignee, shipper and owner have been fully settled. The amount of any such claim shall not be set off against any amount owing to the company.
In the event the shipper, owner and consignee instruct the company to collect changes at destination from the receiver or third party the shipper, owner and consignee is liable to pay and settle all the shipment changes cost and expenses that have incurred if the receiver or third party at destination disagree to pay and make settlement.
The company would recommend and advice the shipper, owner and consignee to take up shipment insurance to protect their interest. The company can arrange insurance cover under an open policy for the amount requested by the shipper, owner and consignee at the agreed premium full paid to the company. Recovery being limited to the actual loss or damage not exceeding the incurred value and does not cover consequential or special loss and damage including the transportation or flight delays. If the shipper, owner or consignee do not tick at the shipment insurance, Yes box printed on the face of this Air waybill the company shall not be liable for any loss or damage and the shipper, owner and consignee will assume all the risks.
All goods or shipment, Shall be subject to a particular and general lieu and right of detention for monies due either in respect of such good or for any particular or general balance or other monies due from the shipper, owner and consignee to the company. If any money due to company in not paid within the term 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 of otherwise at the sole discretion of the company and any expense of such a person for fees applied in or towards satisfaction of such indebtedness. The shipper, owner and consignee hereby waives any cross claim against payment due.
ALL TERMS AND CONDITIONS OF CONTRACT including, but not limited to all the limitations of liability shall apply to the company authorized agent, contracting carriers, officer, directors and employees.