The “Customer” described herein, by using CJ Logistics’s services, hereby irrevocably and unconditionally agrees to the following Terms and Conditions. Every “Consignment” is transported on a limited liability basis as provided herein. If “Customer” requires greater insurance coverage, additional insurance may be arranged at an additional cost (Please see below for further information).
"Consignment" means all documents and parcels that travel under one waybill and which may be carried by any means CJ Logistics chooses including air, road or any other carrier. A "waybill" shall include any label produced by CJ Logistics automated systems, air waybill, or consignment note and shall incorporate these Terms and Conditions. In this waybill, which is a non-negotiable Document, any reference to "CJ Logistics" refers to CJ Logistics (202001001740), its related corporations, its subsidiaries, branches, employees, directors, agents, affiliates, contractors and any of their respective employees and agents. "Customer" refers to the shipper, its employees, principals and/or agents and/or consignees and/or receivers. Words importing the singular shall include the plural and vice versa.
Customer, upon tender of any Consignment to CJ Logistics for Carriage irrevocably agrees and accepts to the conditions herein on the Customer's behalf and on behalf of anyone else with an interest in the Consignment, regardless of whether the Customer signs the 'Acknowledged by Sender' column at the front of this waybill. CJ Logistics shall not be bound by any warranty, condition, statement, representation, promise or agreement purporting to vary the conditions herein (whether to be expressed or implied by law, custom or otherwise) nor shall the same form a contract collateral to the conditions herein unless it is in writing and signed on behalf of CJ Logistics by a duly appointed director of CJ Logistics Express Malaysia Sdn Bhd. The Customer irrevocably warrants that the Customer is the actual, legal or proprietary owner of any Consignment that is tendered to CJ Logistics for carriage. Customer irrevocably agrees and accepts the conditions herein not only for itself but also as agent for and on behalf of any person who may have interests in the Consignment and shall be deemed to have read and be bound by all the conditions in this waybill or in any other agreement entered into between CJ Logistics and the Customer covering the consignment including the current CJ Logistics Domestic and International Courier Rate Guide, copies of which are available upon request. In the event of any discrepancy between the documents, the following documents shall be read in the following order of priority: (i) Service Agreement (ii) CJ Logistics Terms and Conditions of Carriage (iii) CJ Logistics Domestic and International Courier Rate Guide.
CJ Logistics shall reserve its right to refuse carriage of any Consignment or class of Consignment at its absolute discretion.
3.1. CJ Logistics shall carry the Customer's Consignment by any means, route, procedure, form of handling, form of storage, transportation method, carrier or successive carrier as it deems fit at its sole discretion. CJ Logistics shall be entitled to subcontract on any terms the whole or any part of the carriage, loading, unloading, storing, warehousing, handling and any and all duties whatsoever undertaken by CJ Logistics in relation to the Consignment and the Customer irrevocably authorize CJ Logistics to enter into such subcontract as agents on behalf of the Customer.
3.2. CJ Logistics or any person authorized by CJ Logistics shall be entitled, but under no obligation, to open and/or scan any Consignment at any time and to inspect the contents. If it appears at any time that the Consignment cannot safely or properly be carried, or carried further, either at all or without incurring any additional expense or taking measures in relation to the Consignment, CJ Logistics may without notice to the Customer (but as his agent only) take any measures and/or incur any reasonable additional expense to carry or continue the Carriage thereof, and/or to sell or dispose of the Consignment and/or to abandon the Carriage and/or to store the Consignment, under cover or in the open, at any place, whichever the Carrier in his absolute discretion considers most appropriate, which sale, disposal, abandonment or storage shall be deemed to constitute due delivery under this waybill. The Customer shall indemnify CJ Logistics against any reasonable additional expense so incurred. CJ Logistics in exercising the liberties contained in this clause shall not be under any obligation to take any particular measures and shall not be liable for any loss, delay or damage howsoever arising from any action or lack of action under this clause.
3.3. CJ Logistics does not warrant that any Consignment tendered by the Customer of its capability of carriage to designated destination without infringing the law of any country or state from, to or through the Consignment may be carried.
3.4. CJ Logistics will endeavour to deliver the consignment in accordance with the planned delivery schedule and is not obliged to deliver the consignment within any time limit. CJ Logistics shall not be liable for any damage or loss howsoever caused by delays in delivery of the consignment. CJ Logistics’s sole responsibility under this waybill is to deliver the consignment to the address as stated in this waybill subject to the terms and conditions stated herein.
CJ Logistics may deliver a consignment to the receiver named on this waybill or to any other person appearing to have authority to accept delivery of the consignment on the Customer’s behalf (such as persons at the same address as the receiver). CJ Logistics does not warrant that the consignment will be handled delicately throughout the passage. The Customer shall comply with all applicable laws, rules and regulations, including but not limited to governmental regulations and laws of any country to, from, through or over which the consignment may be carried.
Any Service Fee quoted by CJ Logistics shall exclude Sales & Service Tax or Goods and Services Tax, Value Added Tax and any other applicable tax, duty and expenses as may be imposed by any local or foreign Customs or similar Authority in respect of the carriage of the Customer's Consignment. If the Customer gives different instructions on methods of payment, the Customer shall be primarily liable for any duty, tax (including pre-payment of the same), surcharge, fine, legal costs (on solicitor-and-client basis) or loss suffered by CJ Logistics.
The marking, labeling and packaging of any Consignment shall be the Customer's sole responsibility. The description and particulars of the Consignment set out on the face of this waybill are furnished by the Customer and the Customer warrants to CJ Logistics that the description and particulars including, but not limited to, weight, content, measure, quantity, quality, condition, marks, numbers and value are correct and accurate.
6.1. The Customer shall comply with all applicable laws, regulations and requirements (including but not limited to any imposed at any time before or during the Carriage relating to anti-terrorism measures) of customs, port and other authorities and shall bear and pay all duties, taxes, fines, imposts, expenses and losses (including without prejudice to the generality of the foregoing, charges for any additional Carriage undertaken) incurred or suffered by reason thereof or by reason of any illegal, incorrect or insufficient marking, numbering or addressing of the Consignment.
6.2. The Customer undertakes that the Consignment is packed in a manner adequate to withstand the ordinary risks of Carriage having regard to their nature and in compliance with all laws, regulations and requirements which may be applicable.
6.3. No Consignment which are or may become dangerous (whether or not so listed in codes), inflammable, damaging, injurious (including radioactive materials), noxious or which are or may become liable to damage any property or Person whatsoever shall be tendered to CJ Logistics for Carriage without CJ Logistics's express consent in writing and the Container and/or other covering in which the Consignment is to be transported and/or the Consignment itself being distinctly marked on the outside so as to indicate the nature and character of any such Consignment and so as to comply with all applicable laws, regulations and/or requirements.
6.4. If any such consignment is delivered to CJ Logistics without such written consent and/or marking or, if in the opinion of CJ Logistics, the consignment is or is liable to become dangerous, inflammable and/or damaging in nature, the same may at any time be unloaded, destroyed, disposed of, abandoned, or rendered harmless without compensation to the Customer and without prejudice to CJ Logistics’s right to claim for additional charges incurred by CJ Logistics from the Customer.
6.5. Whether or not the Customer was aware of the nature of the Consignment, the Customer shall indemnify the CJ Logistics against all claims, losses, damages or expenses arising in consequence of the Carriage of such Consignment.
The Customer warrants that each article in any Consignment is accurately described in this waybill and the Customer shall attach the relevant documents to meet the export or air carriage requirements. The Customer appoints CJ Logistics as Customer's agent solely for performance of custom clearance. The Customer shall provide proper documentation whenever required.
Every Consignment is transported on a limited liability basis on the terms stated herein. CJ Logistics's liability is strictly limited to direct loss and damage only. If the customer requires greater protection, CJ Logistics can arrange insurance for Customer covering the actual cash value in respect of loss of or physical damage to the Consignment, provided the Customer requests it via CJ Logistics systems and pays the applicable premium. Consignment insurance does not cover indirect loss or damage, or loss or damage caused by delay.
8.1. Where the Warsaw or CMR conventions or any national laws implementing or adopting these conventions apply or where other mandatory national law applies, the liability of CJ Logistics is governed by and will be limited according to the applicable rules.
8.2. Where convention, regulations, rules or other mandatory national laws do not apply to the carriage of the Consignment under this waybill, CJ Logistics will only be liable if loss, damage, delay, shortage, mis-delivery, non-delivery, misinformation or failure to provide information in connection with the Customer's Consignment, is proven to be resulted from the acts or omissions of the management of CJ Logistics committed with the intent to cause such loss or recklessly and with knowledge that such loss would probably result and CJ Logistics's total liability under any circumstances whatsoever shall not exceed RM200.00 per Consignment or the cost of replacement, whichever is lower, unless a higher value has been declared in which case the Consignment shall be insured by the customer and the customers' sole remedy shall be from the proceeds of the insurance policy.
8.3. In the event the Consignment is insured by the customer, the customer shall name CJ Logistics as the co-assured and shall waive all rights of subrogation under the insurance policy against CJ Logistics. If the customer fails to procure such insurance policies naming CJ Logistics as co-assured and/or waive all rights of subrogation under the insurance policy against CJ Logistics, the customer shall indemnify, defend and hold CJ Logistics harmless against all the consequences of having failed to comply with the provisions of this paragraph.
8.4. CJ Logistics shall not be liable, including but not limited to, in contract, tort, equity, negligence and strict liability for any loss of income, loss of market, loss of profit, consequential, incidental, special, indirect loss or damage whatsoever and howsoever caused whether CJ Logistics knew or ought to have known of the value of any consignment and/or such loss and/or damage might occur.
CJ Logistics shall not be liable for the Customer's failure to comply with the conditions herein or resulting from Customer's acts, negligence, default, misconduct or omission, including but not limited to inaccurate description of any Consignment; inadequate or inappropriate packaging, securing, marking or addressing of any Consignment; or for the act, default, negligence, misconduct, omission, violation of any conditions herein of the recipient or anyone who has interests in the Consignment. CJ Logistics shall not be liable for any loss, damage, delay, shortage, mis-delivery, non-delivery, misinformation, or failure to provide information in connection with the items stated under the heading of "Items Not Acceptable for Carriage".
9.1. CJ Logistics shall not be liable for any loss, damage, delay, shortage, mis-delivery, non-delivery, misinformation or failure to provide information in connection with Customer's Consignment which is (a) beyond the reasonable control of the management of CJ Logistics; (b) resulting from of Acts of God and (c) by the occurrence of a force majeure event including but not limited to 1) severe weather, 2) fire and flood ; (3) war, rebellion, sabotage, riot, terrorism; (4) strike or industrial dispute of whatsoever nature; (5) act or omission of local or overseas public authority and changes in applicable law; (6) disruption of air or ground network; (7) mechanical problems to modes of transportation / machinery or material shortage (i.e. fuel and electricity).
9.2. CJ Logistics shall not be liable for any losses and damages caused by any fraud, willful acts, reckless acts, acts, omission, gross negligence of any person (including its employees, servants, agents, affiliates, contactors, their agents and their respective employees/agents) and shall not be vicariously liable for any such action or omission for which the management of CJ Logistics has exercised reasonable diligence.
9.3. The customer is aware that every waybill/consignment notes (whether in blank or used) supplied by CJ Logistics shall remain the property of CJ Logistics. The customer shall procure that every waybill/ consignment note shall be accounted for and shall only be utilized for packages to be delivered by CJ Logistics and not otherwise. The customer shall not misuse or distribute the waybill/ consignment notes for the customer’s/ third party (ies)’ own purposes. The customer shall indemnify and keep CJ Logistics its agents, workmen or servants harmless against any liability, loss or damage (including bodily injury) of whatsoever nature direct or indirect sustained by CJ Logistics, its agents, workmen or servants attributed, related to and/or howsoever arising from the customers acts, omission, neglect, intentional or dishonest acts and/or any damage/ loss which is attributable, related to and/or howsoever arising from the customer/ third party (ies)’ wrongful/ unauthorized use or distribution of the waybill/ consignment notes. This indemnity shall also include any liability, loss or damage as a result of any claim whatsoever and any summons, penalties, fines against CJ Logistics by any third party or the relevant Authorities as a result of any act, omission, neglect or intentional acts by the customer, its agents, workmen or servants and/or third party (ies) arising from/ attributed to the wrongful/ unauthorized/ misuse of any waybill/ consignment note.
Customer irrevocably agrees to indemnify, defend, release and hold harmless CJ Logistics as against any and all liabilities, claims, demands, suits, judgments, damages, losses, costs and legal fee (on a solicitor and client basis) in connection therewith or incident thereto, arising out of Customer's failure to comply with the conditions herein or resulting from Customer's negligence, acts, defaults, misconduct or omissions or the Customer's errors in the declaration of the Consignment or the provision of erroneous information relating to the Consignment or non-declaration of the dangerous nature of the Consignment and/or the failure of the customer to comply with all applicable import, export , customs and other laws and regulations which apply to the Consignment.
CJ Logistics shall not carry the following items (or any item which contains any element thereof) (a) dangerous, hazardous, combustible, radioactive, explosive, corrosive, biohazard, inhalation hazard, perishables, poisonous gases, prohibited drugs; (b) any form of gold, silver, jewelry, precious or semi-precious item (i.e. diamond, antique, artwork and etc), personal control documents (i.e. passport, identity card, birth certificate, credit card); (c) currency (note or coin) of any nationality or negotiable instrument equivalent to cash (i.e. endorsed stock, bond, cheque), livestock, plant and any item that is prohibited by local or (any) foreign law; counterfeit or unlicensed copies of products, narcotics or intoxicants, weapons, firearms, pornographic articles. Should the Customer tender for Consignment any items as aforesaid with CJ Logistics, the Customer shall indemnify and keep CJ Logistics harmless against any claim, loss, damage, including legal cost (on a solicitor-and-client basis) in connection therewith. CJ Logistics shall be vested with the right to deal with such Consignment in any manner as it deems fit, including the right to abandon and destroy the Consignment. CJ Logistics shall exclude its liability howsoever arising from such Consignment accepted by mistake on the part of CJ Logistics.
CJ Logistics shall have a lien on the Consignment and any documents relating thereto for all sums whatsoever due at any time to CJ Logistics under this contract. CJ Logistics shall also have a lien against the Customer on the Consignment and any documents relating thereto for all sums due from the Customer to CJ Logistics under any other contract. CJ Logistics may exercise their lien at any time and at any place in their sole discretion, whether the contractual Carriage is completed or not. In any event any lien shall (a) survive the delivery of the Consignment and (b) extend to cover the cost of recovering any sums due and for that purpose CJ Logistics shall have the right to sell the Consignment and documents by public auction or private treaty, without notice to the Customer and at the Customer's expense and without any liability towards the Customer.
CJ Logistics shall be deemed prima facie to have delivered the consignment as described in the waybill unless notice of loss of, or damage to the consignment, indicating the general nature of such loss or damage, shall have been given in writing to CJ Logistics or to their representative at the place of delivery before or at the time of removal of the consignment into the custody of the person entitled to delivery thereof under this waybill. If the recipient accepted the consignment by endorsing on the Proof of Delivery without raising any damage, shortage or dispute, CJ Logistics shall be deemed to have discharged all its responsibility/liability towards the Customer in respect of the consignment.
13.1. Any claim by the customer for loss, damage or delay to the Consignment shall be made in writing within fourteen (14) days from the date when the Consignment should have reached the designated destination failing which CJ Logistics shall have no liability whatsoever. The content, original shipping carton and packaging of the Consignment shall be made available to CJ Logistics within Seven (7) days from the date of written notification in order for CJ Logistics to evaluate the claim for damage. No claim shall be entertained unless all outstanding amounts due to CJ Logistics from the Customer have been fully settled. The amount of any claim shall not be set-off against any amount owing to CJ Logistics.
13.2. CJ Logistics shall be discharged of all liability whatsoever in respect of the Consignment unless suit is brought in the proper forum and written notice thereof received by CJ Logistics: (i) in respect of loss, damage or delay during Carriage by air, within 2 months after delivery of the Consignment or the date when the Consignment should have been delivered or any other time limit compulsorily imposed by applicable convention, rules or regulations whichever is the later (ii) in respect of loss, damage or delay during Carriage other than by air, within 30 days or any other time limit compulsorily imposed by applicable rules or regulations, whichever is later, after delivery of the Consignment or the date when the Consignment should have been delivered.
13.3. In the event that such time period shall be found contrary to any convention or law compulsorily applicable, the period prescribed by such convention or law shall then apply but in that circumstance only.
If any condition herein is held to be illegal under present or future law, such provision shall be fully severable and nothing of such shall affect the validity of this entire Agreement. The Standard Conditions of Carriage shall be governed by Malaysian Laws and shall be subject to the exclusive jurisdiction of the Malaysian Courts unless the Consignment is presented to CJ Logistics at a place outside the jurisdiction of the Malaysian courts in which case the laws of the country where the Consignment is presented to CJ Logistics shall be the governing law and the courts of the country where the Consignment is presented to CJ Logistics shall have jurisdiction.