iExpress Malaysia
Terms and Conditions
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The Company shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing and signed on behalf of the Company by an authorized Officer of the Company. All conditions, warranties, descriptions, representations and agreements not set out in these conditions and whether they be expressed or implied by law, custom or other are hereby expressly excluded.
No officer, servant, agent or representative is authorized to make any representations, statements, warranties, conditions, and or agreement not expressly set forth in these conditions and the Company is not in any way bound by any of them or to be taken as to form part of the contract with the Company or collateral to the main contract.
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The Shipper entering into transactions of any kind with the Company expressly warrant that neither the transaction nor the carriage of the Shipment is in breach of any statute regulation or other law relating to postal or courier services and that they are either the owners of or the authorized agents of the owners of any goods or property being the subject matter of the transaction and by entering into the transaction they accept these conditions for themselves as well as for all other parties on whose behalf they are acting.
Shipper undertakes to indemnify the Company against any damages, costs and expenses resulting from any breach of these warranties.
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The Shipper and consignees and/or their agents, if any shall be liable for any duty, tax, impost or outlays of whatsoever nature levied by the authorities of any port or place for or in connection with the goods and for any payments, fines, expenses, loss or damage incurred or sustained by the Company in connection herewith.
(a) The Actual Value of a document (which term shall include any item of no commercial value which is transported hereunder) shall be ascertained by reference to its cost of preparation or replacement, reconstruction or reconstitution value at the time and place of shipment whichever is less.
(b) The Actual Value of a parcel (which term shall include any item of commercial value which is transported hereunder) shall be ascertained by reference to its cost of repair or replacement, resale or fair market value at the time and place of shipment, whichever is less. In no event shall such value exceed the original cost of the article actually paid by the Shipper plus 10%.
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Shipments which cannot be delivered either because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the consignee may be sold or returned at the Company’s option at any time after the expiration of 21 days from the date a notice in writing is sent to the address which the sender gave to the Company on delivery of goods. All charges and expenses arising in connection with the sale or return of the goods shall be paid by the Shipper.
Communication from any agent or correspondence of the Company to the effect that the goods cannot be delivered for any reason shall be conclusive evidence of that fact.
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The Company will not accept or deal with any noxious, dangerous, hazardous or inflammable or explosive goods or any goods likely to cause damage.
Any person delivering such good to the Company or causing the Company to handle or deal with any such goods shall be liable for all loss or damage caused thereby and shall indemnify the Company against all penalties, claims, damages, costs and expenses arising in connection herewith and the goods may be destroyed or otherwise dealt with at the sole discretion of the Company or any other person in whose custody they may be at the relevant time.
The expression “goods” likely to cause “damage” include goods likely to harbour or encourage vermin or other pests.
(a) The Company shall not be liable for or in respect of any loss or damage suffered by the Shipper howsoever caused or arising and without limiting the generality of the foregoing, whether caused or arising by reason or on account of loss or damage to goods, missed delivery or non-delivery, delay in delivery, concealed damage, deterioration, contamination, evaporation, cancellations or delays in scheduled air flights, in customs procedures or any re-mailing or any other means of on-forwarding in or to overseas countries, war, invasion, acts of foreign enemies, hostility (whether war be declared or not), civil war, rebellion, insurrection, military or usurped power, confiscation or under the order of any Government or public or local authority and whether or not the same shall be due or alleged to be due to the negligence or any deliberate misconduct or any wrongful act on the part of the Company, its servants or agents or any other person.
(b) The Company shall not under any circumstances be liable for loss or damage resulting from or attributed to any quotations, statement, representation, or information, whether oral or in writing howsoever, whosesoever or to whomsoever made or given by or on behalf of the Company or by any servant, employee or agent of the Company as to the classification of or liability for amount scale or rate of customs duty, excise duty or other impost or tax applicable to any goods or property are such that the Company shall commit any breach of any Act Of Parliament regulation or Ordinance or other law made in respect of the same.
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All goods and documents relating to the goods shall be subject to a particular and general lien and right of detention for monies due either in respect of such goods or any particular or general balance or other monies due from the sender owner or consignee and their agents to the Company, if any money due to the Company is not paid within the terms set out and agreed or within 14 days after the notice has been given to the person from whom the money is due that such goods are being detained and same may be sold by auction or otherwise at the sole discretion of the Company and at the expense of such a person for fees applied or towards satisfaction of such indebtedness.
The sender owner or consignee and their agents hereby waives any cross claim payment due.
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The Company’s charges are calculated according to the higher of actual or volumetric weight and the shipment may be re-weighed and re-measured by the company to confirm this calculation. For the purposes of ascertaining the volumetric weight of any parcel, the following formula applies:-
Length x Width x Height (cm) / 5000 = Volumetric weight (Kgs)
