“Sin Kung Group” shall mean Sin-Kung Logistics Sdn Bhd and/or its subsidiaries companies and/or any members of Sin-Kung Logistics Sdn Bhd that providing courier services under the license issued by the government of Malaysia to Sin-Kung Logistics Sdn Bhd or any third-parties engaged by Sin Kung Group or its network members to provide courier services in connection with pick-up, transport and delivery of the consignment to any part of the world.
“Network members” shall mean associates, subsidiaries agents, franchisees and all staff or servants of Sin Kung Group.
“Consignor” shall mean the sender or shipper of the consignment for transportation, whether on his/her own account or on behalf of any other persons, and whose name shall appear on the Consignment Note or Airway Bill as the consignor.
“Consignment” shall mean goods (whether one or more documents, parcels or packages) forwarded by the consignor to Sin Kung Group for transportation. Consignment shall be correctly addressed by the consignor and accompanied by a Sin Kung Group Consignment Note or Airway Bill (whether in paper or sticker format)
Exclusion and Limitation of Liabilities
1. Sin Kung Group shall not be liable for any losses, delays, damages, costs or expenses incurred by the consignor or any other person arising out of or in connection with the contract or the handling, storage or transport or other dealings with the consignment.
2. If such loss, delays, damage, cost or expenses shall arise as a direct result of any wilful act of neglect or default by Sin Kung Group, it will only be limited to RM300 (Ringgit Malaysia three Hundred Only) OR the actual value of the consignment OR the cost of re-shipping whichever is lower.
3. Sin Kung Group shall not be liable for any consignments which are or may become dangerous, inflammable, damaging, injurious (including radioactive materials), noxious or which are or may cause damage to property or person. If any such consignments are forwarded without such written consent from Sin Kung Group, Sin Kung Group reserves the right at any time be unloaded, destroyed, disposed of, abandoned, or rendered harmless to said consignments without compensation to the consignor.
4. Sin Kung Group shall not be liable under any circumstances for any special or consequential damages or loses. Special or consequential damage or losses shall include (but not limited to) commercial and/or financial losses, special reconstruction costs, substituted costs, loss of interest/profit/income/utility market or business opportunity whether or not Sin Kung Group had knowledge that such damages might be incurred.
5. Sin Kung Group shall not be liable for losses, damages or delays caused by events which are beyond Sin Kung Group’s control, or whatever mechanical delays, acts of public enemies, or any other external factor’s events.
Rights to Reject, Return, Destroy and/or Sell the consignment(s)
1. Sin Kung Group reserves the right to:
a) Open and inspect the consignment. However, this inspection shall not constitute a warranty that the consignment is suitable for transportation. Consignment(s) may at the request of government authorities be opened and inspected at any time. Sin Kung Group shall not be held liable for any delays, loss, damage, cost of expenses incurred in connection with this inspection. Consignor and/or consignee will be liable for all costs and expenses incurred by Sin Kung Group.
b) Refuse, at its sole discretion at any time to transport any consignment tendered for transportation (whether before or after such consignment have been accepted by Sin Kung Group for transportation)
c) Reject any consignment already accepted for transportation, if in the opinion of Sin Kung Group that there is possibility that the transport or delivery of the consignment may delay the transport or delivery of other consignments or cause damage or injury to other consignments, equipment or any person(s).
d) Destroy or otherwise deal with any goods in the consignment where Sin Kung Group at its sole discretion consider that the goods may impose risk to other goods, property, life or health and the transportation of the consignment is unlawful. The consignor shall be liable for the cost and expenses incurred by Sin Kung Group for returning and/or destroying or otherwise dealing with the consignment.
2. If the consignor under declares the value of the consignment for customs purpose (whether intentional or by mistake), Sin Kung Group shall be entitled to return the consignment to the consignor at the consignor’s expenses. If the consignor refuses or is unavailable to accept the return thereof or refuses to pay for such expenses, Sin Kung Group shall be entitled to deal with the consignment at its own sole discretion and this shall include abandon transport of the consignment or sell off the consignment and apply the proceeds thereof towards the payment of the expenses incurred.
1. Sin Kung Group will use all reasonable endeavours to effect customs clearance but will not be liable for any penalties imposed or costs incurred due to delay or refusal by the customs authorities or due to the goods or consignment been impounded by customs or other authorities and the consignor hereby agree to indemnify Sin Kung Group on demand against any such penalty or loss.
2. The consignor shall comply with all applicable laws, customs and other government regulations of any country to, from, through or over which the consignment(s) may be carried, including those related to the packing, carriage or delivery of the consignment and shall furnish such documents as may be necessary to comply with such laws and regulations. Sin Kung Group is not liable to the consignor or any other person(s) for loss or expenses due to the consignor’s failure to comply with this.
1. Sin Kung Group shall deliver the consignment to the destination as agreed as expeditiously as possible. Sin Kung Group reserves the right to carry the consignment by any carrier, route(s) and procedure(s).
2. Sin Kung Group shall only deliver the consignment to the address stated on the Consignment Note or Airway Bill. Sin Kung Group shall be deemed to have delivered the consignment in accordance with the contract if at that address it has obtained from any person a receipt or company stamp or signed delivery sheet.
3. In any reason(s) the consignment cannot be delivered at the address stated on the Consignment Note or Airway Bill, the said consignment will be meant for self-collection by the consignee at Sin Kung Group’s office and if the consignee fails to collect the said consignment within five (5) working days, Sin Kung Group shall not be liable or responsible for any loss or damage to the consignor and shall after fourteen (14) working days which a notice has been served on the consignor or consignee by post, Sin Kung Group shall be entitled to dispose off or sell off the said consignment without further notice.
4. The consignor ensure to Sin Kung Group that the consignment is adequately prepared and packed to protect the enclosed goods and to ensure also safe delivery with ordinary care in handling and that the consignment is appropriately labelled and is in good order for transportation and delivery.
Sin Kung Group shall not be responsible for any damages resulting from external factors (force majeure events) or events beyond Sin Kung Group’s control, or any events like:
a) Natural disasters such as earthquakes, hurricanes, floods or other abnormal weather.
b) Out of control such as war, strikes, civil commotions or apparent authority, act of terrorism, riot, embargo, aircraft crashes or flight technical problems.
c) A fire or robbery occurred at Sin Kung Group’s office premises although the company has taken appropriate safety control measures.
1. No insurance will be covered by Sin Kung Group except upon written expressed instructions from the consignor and upon payment of additional charges thereof.
2. If Sin Kung Group is instructed to insure the consignment, Sin Kung Group will only insure the consignment on a policy containing usual exceptions and conditions issued by any insurance company or underwrites in Malaysia.
3. If the insurer(s) under the policy dispute the liability for any reason(s) the consignor shall only have recourse against the insurance company and shall not have any claims, demands or actions against Sin Kung Group.
Charges and Payment
1. Delivery charges are calculated based on the actual weight or volumetric weight whichever is higher and any consignment may be re-weighed and re-measured by Sin Kung Group to confirm this calculation. Delivery and/or transportation charges, incidental charges, customs duties, penalties or fines and other charges incurred or imposed by any relevant authority or body(s) in connection with the consignment shall be paid by the consignor.
2. Payment for the delivery charges shall be made by the consignor to Sin Kung Group upon receipt of invoice(s) issued by Sin Kung Group. Such invoice(s) shall contain delivery or other service charges of the current month. Unless otherwise agreed in writing, payments must be made promptly in full, without deduction, set off or counter claim within the stipulated credit term that stated on the invoice(s).
3. Sin Kung Group reserves the right to exercise its statutory right to claim interest and compensation for debt recovery costs from the consignor if the consignor fails to make payments on time. In such event, the consignor shall pay to Sin Kung Group late payment interest of eight percent (8%) per annum on any amount(s) unpaid for the period beginning from the day after the payment was due until and including the day on which such payment is made.
Amendment of Terms and Conditions
Sin Kung Group reserves the right to amend these Terms and Conditions at any time. Such amendments are effective immediately upon notice to consignor via emailing the new Terms and Conditions. Any use of the services by consignor after being notified means the consignor accept these amendments.
These conditions of Terms and Conditions, and any interpretation or dispute arising there from, shall be made in accordance with, and shall be within the exclusive jurisdiction of the laws and courts respectively of Malaysia.