As a customer to Malaysia Kargo (UK) Ltd, you are acknowledging that any transaction or exchange has been made, are done in accordance in compliance with the terms and condition listed below.

The following conditions apply between you the Shipper or customer and Malaysia Kargo (UK) Ltd and using the services provided by Malaysia Kargo (UK) Ltd that you accept these conditions.

These conditions between Malaysia Kargo (UK) Ltd are for Domestic and International carriage of consignments and shall apply to customers from the time that Malaysia Kargo (UK) Ltd accepts a consignment for carriage unless otherwise agreed in writing by Malaysia Kargo (UK) Ltd themselves.

DEFINATION

WE                                         means Malaysia Kargo (UK) Ltd

YOU                                       means the customer

OUR                                      means Malaysia Kargo (UK) Ltd

Employees’                      person employed by Malaysia Kargo (UK) Ltd which includes third party hire

EQUIPMENT                     means mechanical tools such as trolley, forklift

CONSIGNMENT              means the goods/cartons/items that belongs to the customer which is intended for carriage

CARTONS   means boxes made of corrugated cardboard

DEPOSIT     means a security before good or service is provided

Delivery and Collection

Delivery/collection date, departure date and arrival date are given as a guide only. Malaysia Kargo (UK) Ltd shall not be responsible or liable for any delays or diversion howsoever caused that affects the clients’ journey/appointment.

Door-to-door service is provided where stated in quotation or pricing. Door-to-door service means collection of items or consignment from the street level of the building and delivering to the street level of the destination address. Additional charges may incur if collection is above or below the street level.

DEPOSIT

Deposit is normally requested when customer require packaging materials to be supplied.

Deposit is normally charge to cover the cost of sending and the cost of the supplies provided

The deposit is a non-refundable payment to Malaysia Kargo unless the packaging materials are returned on customers cost.

Deposit will be deducted from the customers overall invoice.

OUR PRICING

We have the right to make additional charges if conditions are found not to comply with our terms and condition of carriage set by us, which is accordance to the law and the safety of our employees and in which does not affect us as a business in any way.

Our quotation is valid for the period month the quotation was requested unless this is stated in writing by us. Pricing may change as to our costing such as currency fluctuation or changes to taxation or freight charges that is beyond our control.

The work is carried out outside a normal working hour or schedule timings as been agreeing on a contract.

Any work to be carried out outside normal working hours. See operating hours

OPERATING HOURS

Malaysia Kargo (UK) Ltd operates a during normal business working hours in the UK as follows

Monday – Friday          0900hrs – 1700hrs

Saturday                            0900hrs – 1330hrs

Malaysia Kargo (UK) Ltd do not operate during Sunday’s and national bank and public holidays in England and Wales, Northern Ireland and Scotland unless an agreement has been made between the customer. When the usual date of a bank or public holiday falls on a Saturday or Sunday, a ‘substitute day’ is given.

YOUR RESPONSIBILITY

During Delivery/Collection

1.        All consignments must be ready for collection on the day and time that has been arranged.

2.         Consignments’ being ready means that all items needs to be properly packed and sealed before collection person arrives.

3.        Consignments are not over weight that may not be able to carry by one person without using equipment unless prior arrangement has been made in advance.

4.        Every item must be properly labelled that includes receivers details before the collection

a.        Receiver’s name

b.        Receiver’s address

c.        Receiver’s contact number

d.        Any other details documentation needed/required to complete the delivery of the item

5.        Not to delay or distract the employed or contracted person by Malaysia Kargo to perform his/her job smoothly

6.        All doorways are cleared from any obstruction

7.        Not create an argument or disagreement with the contracted person employed by Malaysia Kargo to provide the service to you.

8.        Shipping Declaration Form must be prepared in advance to be submitted to the driver or paste on the consignment.

Not complying with this simple and basic requirement may result to additional surcharges or being refused for service to be provided.

AVOIDABLE CHARGES

LABELLING - Labelling must clearly written/printed and pasted on the carton or consignments. Labelling must consist of

1.        Name or Receiver

2.        Destination Address

3.        Receiver’s contact details such landline/mobile number

There will be a charge GBP5 for failure to have this label on the carton/consignment.

SECURELY TAPE - All cartons must be securely taped properly. If you know your box is heavy it would be wises to put additional tape. Failing to do so will be charge GBP5.

OWNED CARTON - Malaysia Kargo provides chemically hardened cartons for transportation use. Any owned cartons that are use by you must be at least double walled. Single walled cartons may result to breakage during transit. Please bear in mind that your cartons will be stacked together with other cartons so it must be strong enough to withstand the transit. Malaysia Kargo cannot be liable for any damage towards your carton.

Repacking charges cost GBP25 including 1 single carton replacement.

RETURNED/DEPOSIT CARTONS Malaysia Kargo is able to provide as many boxes possible for your shipment any unused/not returned cartons will be charged at GBP5 per carton. Trunks are charged GBP30 each.

Your deposit will be returned for any unused carton/trunks/packaging provided that you send them back to us in its original form.

EXCEEDING WEIGHT ALLOWANCE - Weight Allowance per consignment that has been over the agreed allowance will be charged accordingly.

SHIPMENT SERVICE                            WEIGHT ALLOWANCE                                                                       PER KG SURCHARGES

SEA shipment                                                                 35kg                                                                                     GBP2

AIR shipment                                         depending on agreed allowance                                             GBP2 + transit rates by airline

INCOMPLETE DOCUMENTATION - When we send to you all the cartons, we will supply to you a shipping form and all the necessary documents required. In some countries, additional documentation is required for custom purposes. We will provide all the documents to you in advance. If the documents are not returned upon collection and we need to contact you to recover the outstanding documentation, there will be a charge of GBP5.

LATE PAYMENT CHARGES - All payments must be made within 7 days after the collection/invoice date. Late payment may incur late payment charges of GBP25. Any payments not made within 12 weeks, your consignment will be given to the local charity that Malaysia Kargo support.

ADDITIONAL SURCHARGES

Surcharges may incur is customer do not comply with our condition of carriage. Surcharges as below

1.        Deliveries to remote areas may incur additional charges normally GBP15.00

2.        Deliveries of cartons on a Saturday will be charge at the normal courier tariff at GBP31.95

3.        All Door-to-Door deliveries are entitled to standard custom clearance for personal effects. You may be required to pay any additional charges that may arise such custom duty or demurrage. Please refer to countries additional charges or requirement

4.        Should it be found that consignments sent are prohibited or illegal for carriage, carrier may charge a fine which will be payable by customer of a minimum of GBP100.

5.        If collection or delivery of consignment is from above or below the street level it may be the drivers discretion to collect or refuse collection/delivery or else additional charges of GBP5 per consignment will charge.

6.        Collection/Delivery of goods which is above or under the ground floor or street level.

7.        Collection/Delivery of goods to our warehouse or office.

8.        Additional service is provided which is not bound to our contract

9.        Work carried-out towards consignments (repackaging or re-taping) see surcharges

10.     The stairs, lifts or doorways are inadequate for free movement of goods or work to be carried out without the use of special equipment or structural alteration.

11.     The driveway or approach is unsuitable for our or the third party vehicle to conduct the job within 20 meters from the doorway.

12.     A compulsory parking charges or other fees that relates to carry out our services on your behalf.

13.     Unnecessary delay caused by the customer which effects the time allowed by Malaysia Kargo’s employee or third party that was hired or contracted for the job.

14.     In any such circumstances, adjustment charges will apply and become payable.

CANCELATION 

1.        Malaysia Kargo reserve the right to charge an administration fee of GBP25 for each cancel order.

2.        Any delivered cartons/packaging supplied must be returned at customers cost or deposit will be forfeited.

3.        Any customer returning the supplied cartons or packaging in the same way it was delivered; deposit will be return minus the cancelation charge. Any used cartons or packaging normal sale price applies.

4.        If any cartons has been collected and hasn’t been shipped out. We may return the consignment back to the customer whereby the customer will be charge GBP45 handling charges plus courier for returning each parcel.

PROHIBITED ITEMS

Malaysia Kargo is unable to accept any prohibited items under personal effects declaration unless commercially declared for commercial shipment.

Valuable items not exceeding GBP1000 unless it has been declared insured and packed professionally.

·          Perishable Goods

·          Foodstuffs of any type

·          Liquids

·          Tobacco or similar

·          Plants or soil of any kind

·          Live animals or corps

·          On-prescription drugs or medicines

·          Pornography or any kind

·          Currency – in any form (Notes or coins)

Listed above are items which are prohibited for Personal Effects shipment but commercial customer may transport any of the above items. All commercial shipment goods must be declared by shipper and providing all the appropriate documents.

HAZARDOUS GOODS NOT PERMITTED

·          Explosives – Ammunition, Firearms, Fireworks & Flares

·          Gases – Aerosols (Deodorant, Air Freshener etc), Compressed Gas Cylinders, Aqualungs

·          Flammable Liquids – Lighter/Heater Fuels, Paint, Thinner

·          Flammable Solids – Matches, Firelighters

·          Oxidizing Substances & Organic Peroxide – Bleach, Peroxides

·          Toxic & Infectious Substances – Insecticides, Weed-Killers

·          Radioactive Materials

·          Corrosives – Wet Cell Batteries, Acids & Alkalis, Apparatus containing Mercury (thermometers)

·          Miscellaneous Dangerous Goods – Self-Inflating Life Jackets, Dry Ice, Magnetized Materials

INSPECTION

Malaysia Kargo (UK) Ltd, or any of their appointed Agents including customs, has the right to open and inspect your consignment without being prior notice.

All air express consignment will be checked by customs individually.

CUSTOMER CLEARANCE

Any price quoted a door-to-door service, the price includes a standard custom clearance for personal effects. All price quoted exclude any duty or any additional port/customs handling charges that may incur. In some countries the customs will charge to the receiver before receiving the goods. Any charges that is charged towards Malaysia Kargo, we reserve the right to pass this charges on the consignee.

If consignee refuses to pay the charges to the customs, custom has the right to store it until claimed or destroy or even returned back to the original. Additional Charges may incur.

DELAY, DAMAGE AND/OR LOSS

1.        Below is understanding of what you are covered and what you are not and Malaysia Kargo plays a part in the transaction.

2.        All consignments are not covered for damage in transit unless insurance is taken. Within the UK, every each consignment will be covered up to a maximum of GBP50 under the transit of a courier service.

3.        For all air courier service, every each consignment comes with a standard GBP50 insurance covered on behalf of the courier company used. In most normal case it would be UPS and DHL.

4.        All transit time mentioned are only an indication only which is not guarantee in anyway possible. It is important that you are aware that unforeseen delay may occur for any innumerable reasons and plan for such. Delays of transit may be caused by various issues that Malaysia Kargo has no control. Weather condition, customs inspections, security checks, warehousing availability, shipment slots, vehicle breakage/damage during transit etc. No companies are able to provide compensation due to delayed consignment in transit.

5.        You are fully responsible of making sure that the goods packed are to a high/professional standard. Malaysia Kargo reserves the right to dismiss any claim where the goods were not packaged to a standard. Please refer to packaging advice and instructions if you are in doubt. Malaysia Kargo has the right to dismiss any claim where goods are not packed properly.

6.        In the event of damaged goods, you are responsible to notify us immediately as we will take the necessary procedure to escalate this into a claim. We would highly advice that you take pictures of the damaged product including the packaging that came with it. If possible to leave the packaging as it is until you can do so. Damage items will be examined by inspectors that are fully trained for the job.

7.        Goods must be signed for as ‘damaged’ when they are delivered, if that is the case. If goods are not able to be inspected upon delivery, they should be signed for as ‘unchecked’. If goods are signed for without written comment stating ‘damaged’, ‘unchecked’ or they are signed as ‘in good condition’, you will not be able to proceed with any claim.

8.        Malaysia Kargo will make every effort to deliver your consignment within the transit time promised according to the delivery schedule but this is not guaranteed and do not forma part of the contract.

9.        Malaysia Kargo is not liable for any damages or losses caused by delays or consignment handling by third party agents/agencies.

INSRURANCE AND CLAIMS

1.        In the event of loss of your parcel, Malaysia Kargo reserves no responsibility for this event unless insurance is taken or the consignment is covered by the carrier/agent used.

2.        Malaysia Kargo does not offer any insurance directly. We may suggest a reliable insurance company that does not affect or against the FSA UK ruling.

3.        In the event that you have personally purchased insurance for your consignment, please do email/post/fax us a copy of the contract so that we are aware of your cover.

4.        Most third party agencies that handle your goods on behalf of Malaysia Kargo will offer a free insurance cover for their transit. Their free insurance cover is normally about GBP50 per consignment.

5.        When taking up insurance, all items must be declared including the actual value of the item.

6.        Please do notify us within 5 days when receiving the damaged goods for any insurance claim. Any notifications received not within this time period, any claims will not be accepted.

7.        Malaysia Kargo does the upmost in choosing the third party agency in handling all our customers’ goods in the best possible way.

8.        In the event of loss or damage, we shall disclose in every detail possible to make every step transparent. In some cases, we may not disclose some emails/suppliers/agent if required to protect their identity or trust.

9.        It is highly suggested that you provide photographic evidence of the damage in addition to the physical inspection by the carrier.

10.     No consideration will be given to any claim where the goods are deemed to have been insufficiently packed upon inspection by the carrier.

11.     Claims can be void is consignment are not properly labelled.

12.     It is your responsibility to inspect the received consignment upon delivery. Any damage must be recorded to the driver as soon as the damaged/losses have occurred. We are unable to make any claims if you have signed that you have already receive the items in good condition.

13.     Any Claims for compensation must be made towards Malaysia Kargo or the appointed insurance company within 5 days of receiving the consignment. Failure to do so, we will not be able to be responsible.

Company’s Liability

1.        Malaysia Kargo shall perform its duties with reasonable of care, diligence, skill and judgement according to the contract.

2.        Malaysia Kargo shall be pardoned of liability for any loss or damage to an extent that it was caused by

3.        Strike, strike, lock-out, stoppage or restraint of labour, the consequences of which the Company is unable to avoid by the exercise of reasonable diligence; or

4.        any cause or event which the Company is unable to avoid, and the consequences of which the company is unable to prevent by the exercise of reasonable diligence.

5.        Acts of God

6.        War/terrorism

7.        Seizure or forfeited

8.        In an event that the company has declared a total loss of vehicle/warehouse

9.        Consignments seized by the customs officials or government officials

10.     the Company shall not in any circumstances whatsoever be liable for indirect or consequential loss such as (but not limited to) loss of profit, loss of market, or the consequences of delay or deviation, however caused. 

11.     Except under special arrangements previously made in writing by an officer of the Company so authorised, the Company accepts no responsibility with regard to any failure to adhere to agreed departure or arrival dates of Goods. 

12.     Malaysia Kargo is only responsible for all transit cost that has been agreed upon in advance and shall not be liable to whatsoever Customs Duties or Taxes that may arise. In using our service, the customer is accepting full liability for all the custom duties, taxes and/or additional surcharges that may occur in regards of shipping their goods.

13.     Malaysia Kargo’s liability is limited to the carriage of goods and reserves the right to deny liability where the goods have been sent via a Third Party where no additional insurance has been requested.

14.     Malaysia Kargo shall not be liable for

15.     Damage to glassware or perishables, or loss of or damage to antiques, works or art, precious metal and stones, jewellery, watches, bullion, cashiers' cheques, currency, money orders, securities (including drafts, stocks and bonds and negotiable instruments in bearer form), travellers' cheques, stamps, second hand car parts, prepay telephone cards and vouchers, plasma tv's,white goods, electricity tokens and vouchers and similar vouchers, furs, liquor, wines and spirits, tobacco, cigars and cigarettes, SIM cards and personal effects; and in the case of International Consignments in addition to the aforesaid items drugs and pharmaceuticals, firearms, foodstuffs, human remains, lewd, obscene and pornographic materials, and plants and, in the case of all Consignments such other items as may from time to time be notified in writing by the Company to the Customer unless:- (a) the Company has specifically agreed in writing otherwise than by the signature or receipt of a Consignment Note to carry any such items; and (b) the Customer has agreed in writing to reimburse the Company in respect of all additional costs (including increased financial compensation) which result from the carrying of the said terms; and (c) the loss or damage is occasioned during Transit and results from one or more negligent acts or omissions by the Company; 

16.     Loss or damage to Prohibited Goods or Awkward Loads

17.     Improper packaging

18.     Malaysia Kargo will only deal with the person who has placed the order

19.     Liability is limited to the cost of transit only when the goods have been fully insured (and, in such instances, also to the insured value if a claim is raised and proved). Other than where full (additional) insurance is taken out, liability will be limited to the ‘standard liability’ of the particular service used and, thereby, will not, automatically, include reimbursement of the transit costs. We will not be liable for any further claims. Nor will we, in any circumstances, accept liability for; any loss of forecasted profit(s), administrative inconvenience, disappointment, indirect or consequential loss and/or damage arising from any problem in relation to the service you have ordered.

20.     The Company shall not be liable in any way for any loss of or damage to goods arising from mis-delivery if the Customer shall have failed to state the Consignee's correct postcode at or before the commencement of Transit.

21.     Malaysia Kargo reserves the right to change the terms and conditions at any time by posting changes on-line. In the event of the conditions changing after you have made a deposit payment, the terms and conditions applicable at the time of the payment would take precedence.

TERMINATION

Without prejudice to any other right or remedy available to it the Company shall be entitled to cancel the Contract or suspend any further performance under the Contract without any liability on the part of the Company to the Customer and if the Services have been performed but not paid for the Price and VAT shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary in the event that: (a) the Customer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or a firm) becomes bankrupt or (being a company) goes into liquidation (other than for the purposes of amalgamation or reconstruction) (b) an encumbrance takes possession of or a receiver is appointed over the property or assets of the Customer (c) if the Customer (if not a consumer within the meaning of the Unfair Terms Act 1977) ceases or threatens to cease to carry on business (d) if the Customer breaches any of the Conditions (e) if the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly  

Severability - If any part of these terms and conditions is found to be unenforceable as a matter of law, the enforceability of any other part of these terms and conditions will not be affected.

Governing Law - These terms and conditions and any contract between us shall be governed and interpreted in accordance with English Law and the English Courts shall have jurisdiction over any disputes between us.

Statutory Rights - These terms and Conditions are in addition to your statutory rights, as a customer, which remain unaffected

Complaints - Our aim is to provide outstanding Customer service.  If you have any complaint regarding the service you have received, please contact our Customer Service.

Effective from 22 September 2008

Malaysiakargo.com – MALAYSIA KARGO (UK) LTD 2008 (Company Reg 06703431 Vat Reg GB939280592)