Terms and conditions of export delivery
Terms and conditions of export delivery
1.Conclusion of the Contract, Jurisdiction and Severability
- The waybill is only applicable for shipments delivered from Taiwan.
- This Contract is concluded by and between S.F Express (Taiwan) Co., Ltd.(hereinafter referred to as “the Company”) and the shipper on the date of signature by the shipper: Both parties agree that the Contract shall be governed and interpreted by the laws of Taiwan and subject to the exclusive jurisdiction of the court of Taiwan.
- This Contract Terms and other original documents relating to transportation shall constitute the complete and exclusive contract terms binding on both parties. If any part of the contract terms is not enforceable, this shall not affect the enforceability of any other parts.
2. Shipments not Accepted:
- Single shipment shipped by air with a weight exceeding 70kg or with a volume exceeding 200cm x 80cm x 70cm ;
- Articles which are classified as hazardous articles, dangerous articles, forbidden articles or restricted articles by the International Air Transport Association (IATA), the International Civil Aviation Organization (ICAO) or any other relevant government departments or organizations;
- Article(s) for which customs declaration procedures are not duly completed according to customs requirements;
- Articles deemed by the Company as unable to be safely and legally shipped in whole or in part (including but not limited to: cash, securities, postage stamps, antiques, precious metals and ores, animals, human bodies, pornographic materials, drugs, liquid substances, and white powdered materials), counterfeits, forgeries, weapons, explosives, and any articles restricted by the laws and regulations of the place of departure or destination.
3.If the shipper violates relevant laws, regulations or the following assurances, s/he shall indemnify the Company against all the losses so caused and the Company shall have the right to rescind the contract at its own discretion:
- The shipper shall warrant the completeness and accuracy of the information specified in the waybill, including but not limited to the shipment information, the declared value, and the addresses and contact information of the shipper and consignee.
- The shipper shall warrant the integrity and accuracy of the markings of the shipment, and shall be responsible for ensuring the use of appropriate packages suitable for transportation, and that the shipment is adequately and safely wrapped, packaged, and cushioned with pads or packing materials to make the shipment suitable for safe transportation to the degree of ordinary care.
- The shipper shall warrant that the shipment(s) shall comply with the provisions of customs and import and export as well as other laws and regulations.
- The shipper shall warrant that the waybill is signed by himself/herself or his/her authorized representative and this Contract shall bound upon the shipper.
4.Transportation, Delivery and Non-Delivery
- The shipper shall accept all the routes and detours, including possible transit stops.
- Shipments will be delivered to the consignee's address provided by the shipper but may not be necessarily served on the consignee. If the consignee's address is the consignee's domicile, the custodian, cohabitant or related person thereof will be deemed as the consignee; otherwise, the manager, colleague or related person thereof will be deemed as the consignee. If the consignee's address is a centralized place of receipt, the shipments will be delivered to such place of receipt.
- Under any of the following circumstances, the Company will inform the shipper and dispose the shipments as directed by the shipper; therefore, the shipper shall bear the additional cost so caused. If the shipper does not give instructions on how dispose the shipments, the Company shall have the right to dispose the shipments at its own discretion and shall not undertake any liability to the shipper or any other people. However, any income incurred from the disposal will be returned to the shipper with related expense deducted: The Customs deems that the shipper reports too low value of goods; the consignee cannot be reasonably determined or found; and the consignee refuses to accept such shipments or pay freight.
- The Company will do its utmost to deliver shipments according to normal shipping standards, which is neither a warranty nor a part of the Contract. The Company shall not be held liable for any loss or damage caused by delayed transportation.
- In the event that the shipper intends to pay the freight charges after delivery instead of the consignee as previously agreed there between, the shipper shall pay a handing fee of NTD 100 per shipment to the Company.
5.Right of Inspection
- The Company shall have the right to unpack and inspect shipment(s) without prior notice to the shipper, at the request of government bodies or out of the consideration of security or legal customs declaration.
6.Charges and Liens
- The Company's freight will be calculated according to the actual weight or volumetric weight of goods, whichever is higher. For shipments with the volume per kilogram of more than 6000 cubic centimeters, the volumetric weight thereof may be calculated using the formula below: volumetric weight = length x width x height/6000.In the formula, the unit of length, width and height is centimeter. For Taiwan export under Standard Express (International) and Economy Express (International), the volumetric weight thereof may be calculated using the formula below: volumetric weight = length x width x height/5000
- As a provider of services to the shipper, the Company may (but is not required to), on behalf of the shipper, fill out or revise various kinds of documents (including air waybills, commercial invoices, and/or other customs clearance documents). If the Company uses any line of credit it has requested from the customs authorities or pays customs duty for any consignee who does not have any account with the Company, the Company may charge additional costs and pay the relevant taxes pursuant to the requirements of the applicable laws and regulations.
- The shipper may give different payment instructions. However, if the recipient fails to fulfill his/her payment obligation, the shipper shall be responsible for paying all costs relating to the shipment of articles, including but not limited to round-trip shipping costs, warehousing costs, shipment protection costs, and disbursements.
- If the shipper or consignee fails to pay off the freight and all other charges, the Company shall have the right to retain the shipment and inform the shipper or consignee to settle the charges within three months (starting from the following day upon receipt of the notice); and if the shipper or consignee still fails to do so upon the expiration of the term, the company shall sell off the shipment and take priority in compensation.
- All payments made by the Company for the shipper, consignee, or any other person, including but not limited to taxes or other charges, shall be made by the shipper upon request by the Company. Regardless of the options of reimbursement or payment for shipment, the shipper shall ultimately be responsible for and agree to the payment of all costs, including any payment due which the shipper or any third person has failed to make. All costs, except for those paid prior to shipment or under time limits otherwise agreed upon in writing with the Company shall be paid within seven days after the receipt of invoices or bills. Unless proven otherwise, an invoice shall be deemed to have been received three working days after the date of invoice.
- When the shipper consigns the goods to the Company, the shipper designate the Company as the agent responsible for handling custom declaration matters and certify the Company as the consignee, in order that the Company can appoint a customs broker for customs declaration on its behalf. In some cases, local government departments may require the issuance of other documentary evidences to determine that the Company is the designated agent. On this occasion, the shipper shall provide appropriate documents for confirmation when required.
- The shipper shall be responsible for paying off all the charges related to the shipments, including freight, all customs duties and estimated ones, government fines, taxes and the Company's counsel fees and legal fees.
8.Exemption of Liability
- The company shall not be held liable for any loss or damage caused by factors beyond its control. These factors include but are not limited to: natural disasters such as earthquake, tornados, windstorms, floods, dense fogs; wars, air crashes, embargoes and other force majeure; inherent defects or characteristics of shipment (regardless of whether the Company is aware or not); riots or civil unrest, action or inactions of employees other than those from the Company or personnel without contractual relations with the Company such as shippers, consignees, third parties, the Customs or other government departments; strikes; electromagnetic damage or deletion of electronic audio and video images, data or records.
9.Limitation of Liability and Shipment Protection Plus Service:
- The liability of the Company for each express shipment shall not exceed US$20 (for the shipment of documents) or US$100 (for the shipment of goods), with the declared or real value of the shipment (whichever is lower) as the maximum liability, except for any shipment to which the shipment protection plus service applies and for which shipment protection costs are paid.
- The liability assumed by the Company under the Contract shall be limited to direct losses only, which shall not exceed the limit stipulated hereunder. The Company shall not be held liable for any other losses, including but not limited to losses of profit, income, interests and future businesses, regardless of whether such losses are special or indirect, or whether the Company is aware of the risks associated with such losses before or after accepting relevant shipments.
- Compensation for each shipment shall be claimed only once and such compensation shall be treated as the whole and final solution for relevant losses. After the settlement of claims, the ownership of the goods compensated and the relevant right of claim against a third party shall be transferred in proportion to the Company. If the shipper deems that the previsions of the Contract on compensation will not be sufficient to compensate him for his losses, he shall purchase insurance or value insurance service for shipments on his own. The Company shall no longer be held liable for any other losses or indirect losses of the shipper.
- The shipper shall apply to the Company for appropriate shipment protection plus service for the goods that are in conformity with relevant laws and regulations and not unaccepted by the Company. The declared value of the goods (whichever is lower) shall be taken as the insured value. The Company shall compensate for the losses, theft or damage of the shipment in whole or in part according to the insured value and losses thereof in proportion, starting from the applicability of shipment protection plus services to delivery to the consignee.
- Any claim shall be lodged against the Company in writing within 30 days after the Company accepts a shipments; otherwise, the Company shall bear no liability.
10.Collection of Personal Data
- The Company will use your personal data (including your name, ID card No., telephone number, address and E-mail) only for the purposes of the creation of customers’ historical service data, statistical survey and analysis, and express delivery and related cooperative business.
- During the necessary period as defined by the purposes above, the Company will collect, dispose and utilize your personal data in paper edition electronic record or in a proper manner that meets the current science and technology requirements within the service scope of S.F. Express (Group) Co., Ltd.
- You shall exercise the right to(1) request query or reading, (2) create duplicate copies, (3) request supplementation or amendment, (4) request to stop collecting , disposal or utilization or request to delete the personal data. If exercising the above right impairs your relevant rights, the Company shall not undertake any liability to compensate for your losses so caused.
- With regard to the personal data you provided to the company, you warrant that the parties involved in the personal data have also read and agreed to the above notices and that you will assume responsibility for any and all damages and losses to the company in case of any breach thereof.
- If you have any questions about query, supplementation or amendment, please dial 0800-088830 to contact the Company.