By tendering goods for transportation by Skynet the consignor agrees to the following terms and conditions
"Skynet" shall mean Skynet Worldwide (M) Sdn Bhd and/or any members of Skynet Worldwide (M) Sdn Bhd's Network, providing courier services under the license issued by the government of Malaysia to Skynet Worldwide (M) Sdn Bhd or any person(s) engaged by Skynet or its network members to provide courier services in connection with pick-up, transport and delivery of the consignment to any part of the world.
"Network members" shall mean associates, subsidiaries, agents, franchisees, and all staff or servants of Skynet
"the consignor" or "the shipper" shall mean the sender of the consignment for transportation (whether on his own account or on behalf of any other persons) and whose name shall appear on the Consignment Note as the consignor.
"the consignment" shall mean goods (whether one or more documents, parcels or packages) forwarded by the consignor to Skynet for transportation.
The consignment shall be correctly addressed by the consignor and accompanied by a Skynet Consignment Note which the consignor shall complete and signed prior to dispatch of the consignment. The consignor shall be responsible for the accuracy of the information given or declared and shall be liable for any false information or inaccurate declaration.
Skynet is not a common carrier, Skynet accepts goods for transport or delivery only on conditions herein contained. All conditions, warranties, descriptions, representations and agreements implied by law, custom, trade or otherwise not expressly stipulated herein are hereby excluded and shall not in any way be construed as being implied into or varied the conditions herein contained
No waiver or alterations or addition to the conditions herein contained may be made. Knowledge or acquiescence by Skynet or any breach of any conditions hereof shall not operate as or be deemed to be waiver of any covenants hereof and notwithstanding such knowledge or acquiescence Skynet shall be entitled to exercise its rights hereunder and require the strict performance by the consignor of the conditions hereof.
Exclusion and limitation of liabilities
Skynet shall not be liable for any loss, delay, damage, costs or expenses incurred by the consignor or any other person arising out of or in connection with the contract or the handling, storage or transport or other dealings with the consignment. If such loss, delays, damage, cost or expenses shall arise as a direct result of any wilful act of neglect or default by Skynet, it will only be limited to RM100.00 (Ringgit Malaysia One Hundred Only) OR the actual value of the consignment OR the cost of re-shipping whichever is lower
Skynet shall not be liable under any circumstances for any special or consequential damages or losses. Special or consequential damage or losses shall include (but not limited to) commercial and or financial losses, special reconstruction costs, substituted costs, loss of interest/profit/income/utility/market or business opportunity whether or not Skynet had knowledge that such damages might be incurred.
Skynet shall not be liable for loss, damage or delay caused by events which are beyond Skynet's control including but not limited to acts of God, perils of war, weather conditions, mechanical delays, acts of public enemies, war, strikes, civil commotions or apparent authority.
Damage or shortage must be reported in writing to Skynet within 48 (forty eight) hours from the date the consignment is delivered to the consignee, or in the event of non-delivery, fourteen (14) days from the date shipment is handover to Skynet. Notwithstanding any of the foregoing, no claim for damage, shortage, or non-delivery will be entertained until all charges have been paid.
Skynet rights to reject and or return and or destroy and or sell the consignment(s) :
Skynet reserves the right to:-
open and inspect the consignment but this inspection shall not constitute a warranty that the consignment is suitable for transportation.
Consignment(s) may at the request of government authorities be opened and inspected at any time. Skynet shall not be held liable for any delays, loss, damage, cost or expenses incurred in connection with this and notwithstanding condition 6(a). Consignor and or consignee will be liable for all costs and expenses incurred by Skynet.
refuse, at its sole discretion at any time to transport any consignment tendered for transportation (whether before or after such consignment have been accepted by Skynet for transportation)
reject any consignment already accepted for transportation, if in the opinion of Skynet that there is a possibility that the transport or delivery of the consignment may delay the transport or delivery of other consignments or cause damage or injury to other consignments, equipment or any person(s). (A detailed list of prohibited goods is available at stations)
destroy or otherwise deal with any goods in the consignment where Skynet at its sole discretion consider that the goods may impose some risk to other goods, property, life or health and the transportation of the consignment is unlawful. The consignor shall be liable for the cost and expenses incurred by Skynet for returning and or destroying or otherwise dealing with the consignment
Skynet's right to return or sell the consignment
If the consignor under declares the value of the consignment for custom purposes (whether intentional or by mistake) Skynet shall be entitled to return the consignment to the consignor at the consignor's expense. If the consignor refuses or is unavailable to accept the return thereof or refuses to pay for such expenses, Skynet shall be entitled to deal with the consignment at its own sole discretion and this shall include abandon transport of the consignment or sell off the consignment and apply the proceeds thereof towards the payment of the expenses incurred.
Warranties by the consignor
The consignor expressly warrants to Skynet that
the person handling over the consignment to Skynet is authorised to sign the Consignment Note for the consignor and or to affix his stamp
the consignor has the power and authority to enter into the contract
the description and details related to the Consignment Note are correct and in particular the declared value is correct
it is not illegal for Skynet to convey the consignment under any legislation
the consignment is adequately prepared and packed to protect the enclosed goods and to ensure safe transportation with ordinary care in handling and that the consignment is appropriately labelled and is in good order for transportation.
Skynet will use all reasonable endeavors to effect custom clearance but will not be liable for any penalties imposed or costs incurred due to delay or refusal by the customs authorities or due to the good or consignment been impounded by customs or other authorities and the consignor hereby agrees to indemnify Skynet on demand against any such penalty or loss
The consignor shall comply with all applicable laws, customs and other government regulations of any country to, from, through or over which the consignment(s) may be carried, including those relating to the packing , carriage or delivery of the consignment and shall furnish such documents as may be necessary to comply with such laws and regulations. Skynet is not liable to the consignor or any other person(s) for loss or expense due to the consignor's failure to comply with this.
Transportation charges are calculated according to the weight or volumetric weight whichever is higher and any consignment may be re-weighed and re-measured by Skynet to confirm this calculation. Transportation charges, incidental charges, custom duties, fines, penalties and other charges incurred or imposed by any relevant authority or body(s) in connection with the consignment shall be paid by the consignor.
Method of transportation
Subject to payment of Skynet's charges in accordance with the rates in effect on the day of acceptance of the consignment, Skynet shall transport the consignment to the destination as agreed as expeditiously as possible. Skynet reserves the right to carry the consignment by any carrier, route(s) and procedure(s). The consignor shall not hold Skynet liable beyond the limit stated in condition 6 hereof.
No insurance will be effected by Skynet except upon written expressed instructions from the consignor and upon payment of additional charges thereof. If Skynet is instructed to insure the consignment, Skynet will only insure the consignment on a policy containing usual exceptions and conditions issued by any insurance company or underwriters in Malaysia. If the insurer(s) under the policy dispute the liability for any reason(s) the consignor shall only have recourse against the insurance company and shall not have any claims, demands or actions against Skynet.
Skynet shall only deliver the consignment to the address stated on the Consignment Note. Syknet shall be deemed to have delivered the consignment in accordance with the contract if at that address it has obtained from any person a receipt or signed delivery form.
Where for any reason(s) the consignment cannot be delivered at the address stated on the Consignment Note or where the consignment is for self collection by the consignee at Skynet station and the consignee fails to collect the consignment within five (5) days, Skynet shall not be liable or responsible for any loss or damage to the consignor and shall after 14 days which a notice has been served on the consignor or the consignee by post or otherwise (including public notice where the address and contact no. of the consignor and consignee are not known or cannot be contacted) be entitled to dispose off the consignment and may deduct out off the proceeds of sale of all charges in respect of servicing of notice, transportation and storage of the consignment and any other expenses incurred by Skynet.
Skynet shall have rights of detention or lien on all goods in its possession for all sums due at any time from the consignor, the consignee or the owner of the consignment whether under this or other contract made between the consignor, consignee or the owner and Skynet. In the event of non payment of Skynet charges within 21 days after the due date, Skynet shall be entitiled to sell or otherwise dispose off the consignment and apply the proceeds towards the payment of the outstanding sum(s).
These conditions of contract, and any interpretation or dispute arising there from, shall be made in accordance with, and shall be within the exclusive jurisdiction of the laws and courts respectively of Malaysia.