When ordering DSIN’s services, you as “Customer”, are agreeing, on your behalf and on behalf of anyone else with an interest in the “Shipment”, that the Terms and Conditions shall apply from the time that DSIN accepts the “Shipment” unless otherwise agreed in writing by an authorized officer of DSIN.
Every “Shipment” is transported on a limited liability basis as provided herein.
1. Definitions “Shipment” means all documents and parcels that travel under one Collection Order or Delivery Order or waybill and which may be carried by any means DSIN chooses including road or any other carrier.
A “Collection Order or Delivery Order or waybill” shall include any label produced by DSIN or its sub contractors’ automated systems, waybill, or consignment note and shall incorporate these Terms and Conditions.
In this “Collection Order or Delivery Order or waybill”, which are non-negotiable Documents, any reference to “DSIN” refers to DSIN, 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.
2. Entire Agreement Customer, upon tender of any Shipment to DSIN 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 Shipment, regardless of whether the Customer signs the ‘Acknowledged by Sender’ or ‘Acknowledged by Receiver’ column at the front of Collection Order or Delivery Order or waybill. DSIN 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 DSIN by a duly appointed director of DSIN.
The Customer irrevocably warrants that the Customer is the actual, legal or proprietary owner of any Shipment that is tendered to DSIN 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 Shipment and shall be deemed to have read and be bound by all the conditions in Collection Order or Delivery Order or waybill or in any other agreement entered into between DSIN and the Customer covering the Shipment
3. Carriage DSIN shall reserve its right to refuse carriage of any Shipment or class of Shipment at its absolute discretion.
DSIN shall carry the Customer’s Shipment 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. DSIN shall be entitled to subcontract on any terms the whole or any part of the carriage, loading, unloading, storing, handling and any and all duties whatsoever undertaken by DSIN in relation to the Shipment and the Customer irrevocably authorise DSIN to enter into such subcontract as agents on behalf of the Customer.
DSIN or any Person authorised by DSIN shall be entitled, but under no obligation, to open and/or scan any Shipment at any time and to inspect the contents. If it appears at any time that the Shipment 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 Shipment, DSIN 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 store the Shipment, under cover at any place, whichever the Carrier in his absolute discretion considers most appropriate, which storage shall be deemed to constitute due delivery under Collection Order or Delivery Order or waybill. The Customer shall indemnify DSIN against any reasonable additional expense so incurred. DSIN 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.
DSIN does not warrant that any Shipment tendered by the Customer of its capability of carriage to designated destination without infringing the law of this country or state from, to or through the Shipment may be carried.
DSIN will endeavour to deliver the Shipment in accordance with the usual delivery schedule and is not obliged to deliver the Shipment within any time limit. DSIN shall not be liable for any damage or loss howsoever caused by delays in delivering the Shipment. DSIN’s only responsibility under Collection Order or Delivery Order or waybill is to deliver the Shipment to the address stated in this waybill subject to the terms and conditions stated herein.
4. Delivery DSIN may deliver a Shipment to the receiver named on Collection Order or Delivery Order or waybill or to any other person appearing to have authority to accept delivery of the Shipment on the customer’s behalf (such as persons at the same address as the receiver). DSIN does not warrant that the Shipment will be handled delicately and the Customer shall expect rough handling of the Shipment throughout the passage. The Customer shall produce adequate and legibly designated address for each Shipment to enable effective delivery to be made. The Customer shall comply with all applicable laws, rules and regulations, including but not limited to Malaysian governmental regulations and laws.
If at any time the Carriage is or is likely to be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind (including the condition of the Shipment), whenever and howsoever arising (whether or not the Carriage has commenced) DSIN may without notice to the Customer and where reasonably possible place the Shipment or any part of them at the Customer’s disposal at any place which DSIN may deem safe and convenient, whereupon delivery shall be deemed to have been made and the responsibility of DSIN in respect of such Shipment shall cease. In any event the Customer shall pay any additional costs resulting from the above mentioned circumstances.
5. Customer’s obligations The marking, labeling and packaging of any Shipment shall be the Customer’s sole responsibility. The description and particulars of the Shipment set out on the face of Collection Order or Delivery Order or waybill are furnished by the Customer and the Customer warrants to DSIN that the description and particulars including, but not limited to, weight, content, measure, quantity, quality, condition, marks, numbers and value are correct.
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 local 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 Shipment.
The Customer undertakes that the Shipment 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.
No Shipment 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 DSIN for Carriage without DSIN’s express consent in writing and the Container and/or other covering in which the Shipment is to be transported and/or the Shipment itself being distinctly marked on the outside so as to indicate the nature and character of any such Shipment and so as to comply with all applicable laws, regulations and/or requirements.
If any such Shipment are delivered to DSIN without such written consent and/or marking or if in the opinion of DSIN the Shipment are or are 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 DSIN’s right to additional charges incurred by DSIN from the Customer.
Whether or not the Customer was aware of the nature of the Shipment, the Customer shall indemnify the Carrier against all claims, losses, damages or expenses arising in consequence of the Carriage of such Shipment.
6. No liability and/or limited liability Every Shipment is transported on a limited liability basis on the terms stated herein. DSIN’s liability is strictly limited to direct loss and damage only.
DSIN shall not be liable for any loss or destruction of, or damage to, Shipment, including costs resulting from loss of a Shipment constituting a breach of data security or confidentiality, unless such direct loss or damage resulted from DSIN’s negligence.
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 DSIN is governed by and will be limited according to the applicable rules.
Where convention, regulations, rules or other mandatory national laws do not apply to the carriage of the Shipment under Collection Order or Delivery Order or waybill, DSIN will only be liable if loss, damage, delay, shortage, mis-delivery, nondelivery, misinformation or failure to provide information in connection with the Customer’s Shipment, is proven to be resulted from the acts or omissions of the management of DSIN committed with the intent to cause such loss or recklessly and with knowledge that such loss would probably result and DSIN’s total liability under any circumstances whatsoever shall not exceed RM 200.00 per Shipment or the cost of replacement, whichever is lower.
DSIN 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 WHATSOVER AND HOWSOEVER CAUSED WHETHER DSIN KNEW OR OUGHT TO HAVE KNOWN OF THE VALUE OF ANY SHIPMENT AND / OR SUCH LOSS AND/OR DAMAGE MIGHT OCCUR.
7. Situations where DSIN shall not be held liable DSIN 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 Shipment; inadequate or inappropriate packaging, securing, marking or addressing of any Shipment; or for the act, default, negligence, misconduct, omission, violation of any conditions herein of the recipient or any one who has interests in the Shipment. DSIN shall not be liable for any loss, damage, delay, shortage, mis-delivery, non-delivery, mis-information, or failure to provide information in connection with the items stated under the heading of ‘Items Not Acceptable for Carriage’.
DSIN 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 Shipment which is (a) beyond the reasonable control of the management of DSIN; (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).
DSIN shall not be liable for any losses and damages caused by any fraud, wilful acts, reckless acts, acts, omissions, gross negligence of any person (including its employees, servants, agents, affiliates, contractors, their agents and their respective employees / agents) and shall not be vicariously liable for any such action or omission for which the management of DSIN has exercised reasonable diligence.
The customer is aware that every Collection Order or Delivery Order or waybill/ consignment notes (whether in blank or used) supplied by DSIN or its sub-contractor(s) shall remain the property of DSIN. The customer shall procure that every Collection Order or Delivery Order or waybill/ consignment note shall be accounted for and shall only be utilized for packages to be delivered by DSIN and not otherwise. The customer shall not misuse or distribute the Collection Order or Delivery Order or waybill/ consignment notes for the customer’s/ third party(ies)’ own purposes. The customer shall indemnify and keep DSIN its agents, workmen or servants harmless against any liability, loss or damage (including bodily injury) of whatsoever nature direct or indirect sustained by DSIN, 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 DSIN 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.
8. Indemnification Customer irrevocably agrees to indemnify, defend, release and hold harmless DSIN 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 Shipment or the provision of erroneous information relating to the Shipment or non-declaration of the dangerous nature of the Shipment and/or the failure of the customer to comply with all applicable import, export , customs and other laws and regulations which apply to the Shipment.
9. Items not acceptable for Carriage DSIN 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, jewellery, 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. Should the Customer tender for Shipment any items as aforesaid with DSIN, the Customer shall indemnify and keep DSIN harmless against any claim, loss, damage, including legal cost (on a solicitor-and-client basis) in connection therewith. DSIN shall be vested with the right to deal with such Shipment in any manner as it deems fit, including the right to abandon and destroy the Shipment. DSIN shall exclude its liability howsoever arising from such Shipment accepted by mistake on the part of DSIN.
10. Lien DSIN shall have a lien on the Shipment and any documents relating thereto for all sums whatsoever due at any time to DSIN under this contract. DSIN shall also have a lien against the Customer on the Shipment and any documents relating thereto for all sums due from the Customer to DSIN under any other contract. DSIN may exercise their lien at any time and at any place in their sole discretion, whether the contractual Carriage is completed or not. DSIN
11. Claim for and notice of Loss, Damage or Delay DSIN shall be deemed prima facie to have delivered the Shipment as described in Collection Order or Delivery Order or waybill unless notice of loss of, or damage to the Shipment, indicating the general nature of such loss or damage, shall have been given in writing to DSIN or to their representative at the place of delivery before or at the time of removal of the Shipment into the custody of the person entitled to delivery thereof under Collection Order or Delivery Order or waybill. If the recipient accepted the Shipment by endorsing on the Proof of Delivery without raising any damage, shortage or dispute, DSIN shall be deemed to have discharged its responsibility / liability towards the Customer and / or over the Shipment.
Any claim by the customer for loss, damage or delay to the Shipment shall be made in writing within fourteen (14) days from the date when the Shipment should have reached the designated destination failing which DSIN shall have no liability whatsoever. The content, original shipping carton and packaging of the Shipment shall be made available to DSIN within Seven (7) days from the date of written notification in order for DSIN to evaluate the claim for damage. No claim shall be entertained unless all outstanding amounts due to DSIN from the Customer have been fully settled. The amount of any claim shall not be setoff against any amount owing to DSIN.
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.
12. Mandatory law 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 Shipment is presented to DSIN at a place outside the jurisdiction of the Malaysian courts in which case the laws of the country where the Shipment is presented to DSIN shall be the governing law and the courts of the country where the Shipment is presented to DSIN shall have jurisdiction.
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