1. Document and Merchandise shall be carried by BBB Express (M) Sdn Bhd upon the conditions hereafter set out.
2. In these conditions the following expressions shall have the meanings hereby respectively assigned to them namely: “Consignor” or “Shipper” shall mean the person contracting with carrier for the carriage of cargo. “Carriage” which is the equivalent of transportation means carriage by air, land or sea gratuitously or for reward. “Cargo” means anything carried or to be carried by under these condition. “Carrier” means BBB Express (M) Sdn Bhd and all authorised persons on their behalf.
3. If any cargo is to be carried in contravention of those conditions the carriage thereof may be refused and the cargo may, if the carrier deem it necessary be detained or returned to the Consignor or forwarded to its destination at the expense or the additional expense of the Consignor.
4. The Carrier’s liability: a) For loss of any consignment shall be limited to the value of the consignment of RM200/– whichever is the lesser. The carrier shall not in any case be liable for indirect or consequential damages or for the loss of a particular market whether held daily or at intervals.
5. In all cases where cargo is packed, it must be packed so as to ensure its safe carriage with ordinary care in handling so as not to damage or injure any person, goods or property.
6. No dangerous, offensive poisonous or otherwise deleterious cargo will be carried and the consignor warrant that the cargo is safe throughout the course of carriage.
7. The Consignor shall be liable for all damage or loss suffered by the carrier or any other persons by reasons of irregularity, incorrectness of incompleteness of any description, statement or particular which the consigner described or attributes to the cargo.
8. Full applicable charges whether prepaid or collect, fees, duties, taxes, charges advances and payment, made or incurred or to be incurred by carried at any state of the service performed hereunder.
9. The shipper guarantees payment all unpaid charges, advances and disbursement of carrier. The shipper also guarantees payment of all costs expenditures, fines, penalties, loss or time, damages and other sums which carrier may incur of suffer by reason of carriage which is pro-hibited by law of the illegal, incorrect, insufficient marking, numbering, addressing or packing of packages or description of the cargo or the absence, delay or incorrectness of any export or import license or any required certificate of documents of and unproper customs valuation or incorrect statement of weightor volume. By taxing delivery of exercising any other right arising from the contract of carriage, the consignee agrees to pay such charges, sums and advances, expect repaid charges but this shall not discharge the shipper’s guarantee to pay the same.
10. Cargo must be packed so as to ensure safe carriage with ordinary care in handling and so as not to injure or damage any persons, goods or property. Each package shall be legibly end durably marked with the name full street address of the shipper and consignee. Carrier reserves the right to examine the contents of all consignments but shall be under no obligation to do so.
11. a) The shipper shall comply with all applicable laws, customers and other Goverment regulations of any country to, from through or over and such documents as may be necessary to comply with such laws and regulations. Carrier shall not be obliged to inquire into correctness of sufficiency of such information or documents. Carrier shall not be liable to the shipper of any person for loss or expense due to shipper’s failure to comply with this provision.
b) No liability shall attach to carrier if carrier in good faith reasonably determines that if understands to be the applicable laws, goverment regulation, demand, order or requirements requires that if refuse and it does to carry a consignment.
12. Carrier is authorised (but shall be under no obligation) to advance any duties, taxes or charges and to make any disbursements with respect to the cargo and the shipper, owner and consignee shall be jointly and severally liable for the reimbursement thereof. No carrier shall be under obligation incur any expense to make any advance connection with the following or reforwarding of the cargo except against prepayment by the shipper, if it is necessary to make customs entry of the cargo at any places, the cargo shall be deemed to be consigned at such place. All cargo (and land documents relating to cargo) shall be subject to carrier lien and right of detention for monies due in respect of such cargo.
13. Carrier may, without it notice, cancel, terminate, divert, postpone or delay and carriage without all or any part of the cargo. If it considers that it would be advisable to do so. Carrier may cancel the carriage of consignment upon fefusal of the shipper after demand by such carrier to pay the charges or the portion thereof so demanded without being subject to any liability therefore.
14. The consignee must accept delivery of and collect the consignment at the airport of destination unless delivery service to the address of the consignee has been contracted for between the shipper and the carrier.
15. Consignment which through no fault of carrier cannot be delivered on the first tender of delivery to the consignee will be returned to carrier’s terminal. Further tenders will be made only upon request of the consignor and an additional charge at the discretion of the carrier may be made for each subsequent tender of delivery.
16. a) Carrier is not liable to the shipper or to any other person for any damage, delay or loss whatsoever nature (hereinafter these conditions collectively referred to as “damage”) arising out of or in connection with the carriage of the cargo or other services performed by carrier incidential thereto unless such damage is proved to have been caused whilst the cargo was in the actual custody of the carrier and by the negligence of wilful fault of the carrier and there has been no contributory negligence of the shipper consignee or other claimant.
b) Whilst the carrier will make every effort to deliver on time, no time for completion of delivery be guaranteed.
c) Carrier shall not be liable for any damage directly or indirectly arising out of compliance with the laws, goverment regulations, orders of requirements or from any cause beyond carrier control.
d) Carrier shall not be liable under any circumstances for damage to or destruction of a consignment caused by or as a result of property contained therein and the shipper, owner and consignee, where property shall cause damage to or destruction of another consignment or to property of carrier, shall indemnity carrier for all losses and expenses incurred by carrier as a result thereof. Cargo which is likely to endanger aircraft, persons or property may be abandoned or destroyed by carrier at any time without notice and without liability therefore attaching to carrier.
e) No warranty concerning any aircraft, vessel or vehicle engaged in the carriage or concerning ifs fitness for the carriage of the cargo to which the contracts relates simplied in the contract of carriage.
f) Cargo, the contents of which are liable to deteriorate or perish due to change in climate, temperature, attitude of other ordinary exposure or because of length of time transit will be accepted without responsibility on the part of the carrier for loss or damage due to such deterioration or perishability.
g) Carrier shall not be liable in any event for any consequential or special damage arising from carriage subject to this tariff whether or not carried had.
h) Wherever the liability of carrier is excluded or limited under these conditions, such exclusion on limitation shall apply to apply to agents, servants or representatives of the carrier and also any carrier whose aircraft is used for carriage and its agents, servants or temperature.
17. a) Receipt by the person entitle to deliver of the cargo without complaint is prima facie evidence that the same has been delivered in good condition and accordance with the contract of carriage.
b) No action shall be maintained in the case of the damage to or partial loss or cargo unless a written notice, sufficiently describing the cargo concerned, the approximate date of the damage and the details of the claim is presented to an office or carrier within seven days from the date of receipt thereof, in the case of delay unless presented within fourteen days from the date the cargo is placed at the disposal of the person entitle to delivery and in the case of loss (including non delivery), unless presented within thirty days from the day of receipt by the Carrier.
c) Any right to damages against carrier shall be extinguished unless an action is brought within one year after the occurrance of the events giving rise to the claim.
18. All agreements between the carrier and shipper shall be governed by the Malaysia Law and be within the exclusive jurisdiction of the Malaysian courts.19. If the carriage invoives an ultimate destination or stop in a country other than the country of departure the Warsaw Convention may to applicable and the Convention governs and in most cases limits the liability of carrier in respect of loss or damage to cargo.