STANDARD CONDITIONS OF CARRIAGE

A) Terms of Reference:

• 'Company' – refers to M XPRESS SDN. BHD. (Formerly known as Sure-Reach Worldwide Express Sdn. Bhd.), its employees and network members.
• Consignments' – refers to the documents or/and parcels (or goods) to be transported or carried by the Company through its various means. The Company shall not be held liable for failure to execute its obligations directly or indirectly occasioned or in consequence of wars, strikes, riots and acts of God and/or conditions beyond the control of the Company. Save for the exceptions provided in clauses 8-10, the Company shall NOT be liable for losses and damages of any consignments handled by them, howsoever caused. Clients are therefore strongly advised to secure insurance cover for their consignments.

B) Validity:

1. Any business undertaken by the Company is carried out subject to the conditions set forth in this Standard Conditions of Carriage unless excepted or varied in writing and signed by an authorised personnel of the Company.
2. The Company is NOT a common carrier and will only carry consignments in accordance to the terms and conditions stated herein.

C) Restriction of Carriage:

3. Prohibited Items: The Company will not carry illegal, dangerous, hazardous, combustible or explosive material, perishables, heat sensitive items, livestock or plants, poison and drugs, precipitates, precious metal, precious or semi-precious stones, cash and cash equivalent, currency (paper or coin), financial certificates, antiques, priceless work of art and corpses. In the event any clients should consign such items with the Company, the client shall indemnify the Company for all claims, damages and expenses arising in connection therewith and the Company shall have the right to deal with such consignment as it deems fit including the right to abandon carriage of the same immediately upon having knowledge of consignment which infringes this condition. The right of inspection referred to in clause 6 shall also apply for the purposes of this clause.
4. Ownership and Rights to Consign: The client warrants that it is authorised to accept and is accepting these conditions on behalf of all other persons who are or may have interest in the consignments and hereby undertake to indemnify the Company against any damages, costs and expenses resulting from any breach of this warranty.

D) Company's Rights, Responsibilities and Liabilities:

5. Rights to Handling Procedures: The Company undertakes (subject to terms of payments and rates notified to the clients from time to time), to manage and carry consignments from its clients in accordance to its own systems and procedures of handling, storage and transportation modes and is under no obligation to divulge any information of its handling procedures to its clients.
6. Inspection Rights: The Company reserves the rights to inspect all consignments to assess if they are capable of carriage to the places of destination. Nevertheless, the Company does NOT warrant that any consignment carried is capable of carriage without infringing the law of any countries through which the consignment may be carried.
7. Rights to Refuse Carriage: The Company reserves the right to refuse carriage of any consignments at its absolute discretion without any obligation to provide the reason thereof.
8. Rights to Pending Items: The Company reserves the option to sell / dispose / return any consignments which cannot be delivered, or were not collected or not accepted by the consignee any time after a maximum of 30 days from date notice is given to the sender of the failed delivery. Any communication or correspondence from the Company to inform that the goods cannot be delivered 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. No residual value shall be paid to the client.
9. Liability of the Company: The Company is responsible to handle all consignments with care whilst they are within its custody and control. Notwithstanding this and subject to clauses 9 and 10 hereof, the Company shall compensate the client for damaged or missing consignments only when it is caused by the Company’s negligence whilst the consignment is in its custody.
10. No Liability on Consequential Loss: The Company is not responsible to compensate for any nature of consequential losses. The Company shall not be liable for any loss or damage incurred by the client due to any delays in the carriage which are beyond the control of the Company.
11. Extent of Liability: In respect of the Company's compensation for damaged or missing consignments as provided in clause 8 above. It shall be limited to the lower of replacement costs or RM200.00 per Consignment Note. Notwithstanding this, the Company is under no obligation to provide any compensation in the event the client has overdue amounts still unpaid to the Company.
12. Claims Procedures: Any claim brought against the Company must be notified in writing to the office of the Company within 24 hours from the day when the consignment should have reached their destination.
13. Others: The Company herein acts as agents for its clients when consigning shipments for onward carriage. Without prejudice to its general right of subrogation hereunder, the Company shall have the right to recover compensation from these carriers for losses, damages or expenses incurred by the clients or/and the company.

E) Client's Responsibilities:

14. Non-compliance: The client shall assume full liability 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.
15. Default of Payments by Client: The client acknowledges that the Company is involved in the business of transportation of goods and agrees to honor and pay the Company in accordance to agreed payment terms. Should the client default in payment, the Company reserves the right to suspend all services, retain all consignments in its custody and take all other necessary actions to recover the overdue payments.
16. Default of Payments by Receiver: Should the client instruct that the receiver be liable for payments for the carriage or customs taxes, then the client shall be liable for such payments in the event of default by the receiver.
17. 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 for any expenses incurred.
18. Packaging: It is the sender’s responsibility to ensure that the consignments are adequately and properly packed and the Company shall not be held accountable for consequences caused by inadequate or inappropriate packaging. The Company may carry out additional packaging deemed necessary to enable delivery of the consignment and costs associated with this packaging services shall be borne by the shipper. Notwithstanding this, the Company does NOT warrant that:
    • it shall check the adequacy and appropriateness of the packaging every consignment; and
    • even if the consignments had been re-packed, that it shall arrive and be delivered in good order.
19. Preparation of Consignment Note: Client must ensure all delivery information including address and contact numbers given on the Consignment Notes is correct and complete, properly and legibly written to enable effective delivery. Wrong or inadequate information given may result in the consignment being charged multiple times and delays in delivery.