Standard Terms and Conditions of Carriage

When using CHINMA, clients as “Shipper“, are agreeing with the Terms and Conditions shall apply from the time that CHINMA accepts the Shipment unless agreed in writing by an authorized officer of CHINMA. Clients’ statutory rights and entitlements under any defined service feature (for which additional payment has been made) are not affected. For complete terms and conditions governing CHINMA services, please refer to the reverse side of the CHINMAAir Waybill, and the Standard Conditions of Carriage to which they refer. In the event of any inconsistency, the limits of liability set out below shall take precedence. All and any business is undertaken by CHINMA is transacted to the conditions hereinafter set out and shall be deemed to be a conditions of any agreement between CHINMA and its 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. CHINMA is not in any way bound by any of them nor can the same be taken to form part of an agreement with CHINMA collateral to the main terms and conditions.

  • “Shipment” means all the things that clients deliver including documents and parcels that deliver under CHINMA air waybill, which no matter air, road, or any other carrier. All “CHINMA” must be printed by Amber Automated Systems, air waybill, or consignment note that is authorized by Chinma‘s Staff.
  • “Waybill” is including the Consignment note produced by Amber Automated System, which shall incorporate these Terms and Conditions. Every shipment is transported on a limited liability basis as provided here in.

Inspection

CHINMA reserves the rights to open and inspect all shipment without prior notice to assess if those shipments are capable of carriage to the places of destination within the standard operating procedures of CHINMA. Nevertheless, CHINMA does not warrant that any shipment carried is capable of carriage without infringing the law of any countries through which the shipment may be carried.

Liability

CHINMA liability is limited to losses only and depends on the weight of the shipment. CHINMAliability will not include lost profit, income, interest, and future business whether such loss or damage is special or indirect and even if the risk of such loss or damage was brought to Chinma’s attention before or after acceptance of the Shipment since special risks can be insured by Shipper. CHINMA shall not be liable for any loss or damage incurred by the client due to any delays in the carriage or delivery of documents or parcels which are beyond the control of the company. If a Shipment combines carriage by air, road, or other modes of transport, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise. CHINMA does not apply in the event of any delay caused by customs, other regulatory agencies, or events outside of CHINMA control. If Shipper requires greater protection, they are advised to seek additional insurance cover in areas which liability is not accepted by CHINMA. CHINMA will not be liable for losses and damages, and if they are liable. The amount of the liability is limited to the following amount:

i.   Documents Liability

    The maximum declared value for customs and carriage for the shipment using a CHINMA is RM 50.00. Chinma’s maximum liability for any document claim is limited to RM50.00.

ii.  Parcels Liability

    1. Not exceed the greater of RM 200.00 or
    2. The actual costs of any loss or damages or
    3. The replacement cost of the shipment or
    4. RM 3.80 per kilogram for the shipment transported by Mas Kargo

Claims are limited to one claim per Shipment settlement of which will be a full and final settlement for all loss or damage in connection therewith. CHINMA will responsible for the client’s shipment whilst they are within its custody and control. CHINMA will responsible for loss due to damage or loss of the shipment whilst in its custody provided that such loss damage was due to the negligence of the CHINMA.

Claims

All the claims of the client against CHINMA in respect of any liabilities must be notified to CHINMA Customer Service by telephone within 24 hours upon receipt of the goods if the shipment failed to arrive or shortage with an accurate description of the goods and the packaging. However, the client must do in writing to the CHINMA Office within 7 days from the day when the consignment note is issued or from the date Amber accepted the shipment together with the supporting documentation including official letters, commercial invoice, packing list and other relevant documents of all claims. Compensation will be rejected if the consignee was duly signed for and acknowledged received by the consignee indicating that the consignment was received in full and in good condition at the time of delivery. CHINMA will not accept the claim if the items broken due to inadequate or insufficient packing. The damage of goods in transit is frequently due to the result of improper packing of goods. CHINMA shall have no liability whatsoever if the client failing to do so. Amber will either refund or credit to the applicable invoice only your transportation charges.

Unacceptable Shipments

CHINMA reserves the right to refuse carriage of any shipment at its absolute discretion. Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if the package is:

  • Classified as illegal, hazardous material, dangerous goods, prohibited, combustible or explosive material, dust, cyanides, precipitates, gold, silver and platinum bullion, coin, and precious or semi-precious stones including commercial or industrial diamonds, currency (paper or coin) of any nationality, securities, stocks, bonds, certificates, valid postage or revenue stamps, war savings or thrift stamps, blank or endorsed bank cashier’s cheques, money orders or traveler’s checks, antiques, priceless works of art, perishables, heat sensitive items, livestock, plants or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), any applicable government department or other relevant organization.
  • CHINMA reserves the right but not the obligation to inspect the documents or parcels consigned by the client to ensure that all the shipment are capable of carriage to the countries of destination within the standard operating procedures customs declaration and handling methods of CHINMA that in making this reservation CHINMA 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. No customs declaration is made when required by applicable customs regulations
  • Amber decides it can’t transport an item safely or legally (such items include but are not limited to: animals, bullion, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography, and illegal narcotics/drugs).
  • CHINMA will only carry shipment which is the property of the client and the client warrants that it is authorized to accept and is accepting these conditions on behalf of all other persons who are or may hereafter become interested in the shipments. The client hereby undertakes to indemnify the Company against any damages, costs, and expenses resulting from any breach of this warranty.
  • CHINMA has the right to reject or hold the shipment if CHINMA found out the Receiver address is incomplete, PO Boxes or Postal Codes.

Deliveries

All the shipments can’t be delivered to the PO Boxes or Postal Codes. All shipments are delivered to theReceiver’s address given by the Shipper but not necessarily to the named Received personally. Shipments to addresses with a central receiving area will be delivered to that area. Amber shall use reasonable efforts to return the shipment to the Shipper at Shipper’s cost, if receiver:

  • Refuses delivery.
  • Pay for delivery.
  • The Shipment is deemed to be unacceptable.
  • It has been undervalued for customs purposes.
  • Receiver cannot be reasonably identified or located.

If the shipper doesn’t want pay for the return shipment cost, which the Shipment may be released, disposed of or sold by CHINMA without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to Shipper.

Pending Items

CHINMA reserves the option to sell/ dispose/ return any shipments which cannot be delivered, not collected or not accepted by the consignee any time after 30 days from date notice is given to the shipper of the failed delivery. Any communication or correspondence from CHINMA to effect that the shipments cannot be delivered for any reason shall be conclusive evidence of the fact. All charges and expenses arising in connection with the sale, disposal or return of the goods shall be paid by the Client.

Customs, Export and Imports

CHINMA performs any of the following activities on Shipper’s behalf in order to provide its services to Shipper:

  • complete any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations,
  • act as Shipper’s forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and
  • Redirect the Shipment to Receiver’s import broker or other address upon request by any person who CHINMA believes in its reasonable opinion to be authorised.

Delayed Shipments

CHINMA will make every reasonable effort to deliver the Shipment according to Chinma’s regular delivery schedules, but these are not guaranteed and do not form part of the contract. CHINMA is not liable for any damages or loss caused by delays.

Circumtances beyond CHINMA’s control

CHINMA is not liable for any loss or damage arising out of circumstances beyond Amber’s control. These include but are not limited to:

  • Earthquake.
  • Storm.
  • Flood.
  • Fog.
  • Force Majeure including war, plane crash or embargo.
  • Any defect or characteristic related to the nature of the Shipment, even if known to CHINMA.
  • Riot or civil commotion.
  • Any act or omission by a person not employed or contracted by CHINMA.
  • Or Shipper, Receiver, third party, customs or other government official; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.

Shipment Charges & Billing

CHINMA‘s Shipment charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by CHINMA to confirm this calculation. Shipper shall pay or reimburse CHINMA for all Shipment charges, storage charges, duties and taxes owed for services provided by CHINMA or incurred by CHINMA on Shipper’s or Receiver’s or any third party’s behalf and all claims, damages, fines, and expenses incurred if the Shipment is deemed unacceptable for transport.

Shipper’s Warranties and Indemnity

Shipper shall indemnify and hold CHINMA harmless for any loss or damage arising out of Shipper’s failure to comply with any applicable laws or regulations and for Shipper’s breach of the following warranties and representations:

  • All information provided by shipper or its representatives is complete and accurate.
  • The shipment was prepared in secure premises by Shipper’s employees.
  • Shipper employed reliable staff to prepare the shipment.
  • Shipper protected the shipment against unauthorized interference during preparation, storage and transportation to Amber.
  • The shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling.
  • All applicable customs, import, export and other laws and regulations have been complied with.
  • The waybill has been signed by Shipper’s authorized representative and the Terms and Conditions constitute binding and enforceable obligations of shipper.

Shipment Insurance

CHINMA can arrange insurance for Shipper covering the actual cash value in respect of loss of or physical damage to the Shipment, provided the Shipper completes the insurance section on the front of the waybill or requests it via CHINMA‘s automated systems and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.

Warsaw Convention

If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention, if applicable, governs and in most cases limits CHINMA‘s liability for loss or damage.

Routing

Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.

Governing Law

Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of CHINMA, to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.

Severability

The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.

Packaging

Shipper is responsible to ensure all shipments are adequately and properly packed and CHINMA shall not be held accountable for consequences caused by inadequate or inappropriate packaging. All costs incurred for additional packaging deemed necessary for the protection of the shipment for safe delivery after which both parties have agreed shall be borne by the shipper.

Handling Procedures

CHINMA undertakes (subject to terms of payments and rates notified to the clients from time to time), to manage and carry shipment from its clients by any routes, procedures or any successive means, and in accordance to its own system of handling, storage and transportation methods and procedures. CHINMA is under no obligation to divulge any information of its handling procedures to its clients

Others: CHINMA acts as agents for its clients when consigning documents or parcels with a particular airline for onward carriage, and without prejudice to its general right of subrogation hereunder, CHINMA shall have the right to recover compensation from any airline for loss, damages or expenses incurred by any clients on behalf of the client.

Client’s Responsibilities

  • Non-compliance: The client is liable for all loss, damages and expenses arising as a result of its failure to comply with its obligations under this Agreement or as a result of its negligence.
  • Default of payments by Client: The Client acknowledges that the Company is involved in the business of transportation of goods and agrees to make good all payments in accordance to pre-agreed payment terms. Should the client defaults in payment, the Company reserves the right to suspend all services and retain all consignments in its custody until such time the due payments are made good.
  • Default of payments by Receiver: Should the client instructs or indicates on the Consignment Note that the receiver shall be liable for payments for the carriage or customs taxes, the client shall be liable for such payments in the event of default by the receiver.
  • Compounds and penalties: The Company is not liable for any penalties, loss or damage of consignments incurred due to the consignments being impounded by customs or similar authorities and the client agrees to indemnify the Company against such penalty or loss.
  • Preparation of Consignment Note: It is the responsibility of the client to ensure all information given on the Consignment Notes is correct and complete, especially information on delivery address. Client is responsible to ensure that the address of Receiver is completely (telephone numbers and postal codes are mandatory information), properly and legibly written to enable effective delivery to be made. The Company shall not be liable for delay in forwarding or delivering resulting from the client’s failure to comply with its obligations in this respect. The client agrees to bear all costs related to the additional services involved due to wrong or inadequate information given.