The Customer, upon tender of goods or document Bumi X for carriage or transportation, shall be deemed to have accepted and agreed to the terms and condition herein, which terms and condition shall be referred to as Bumi X STANDARD CONDITIONS OF CARRIAGE
1) Reference to Bumi X shall include Bumi X appointed agents. Wherever situated.
2) Any business undertaken by Bumi X is carried out subject to the conditions hereinafter set out each of which shall be deemed to be incorporated by reference into any and all agreements whether written or otherwise between Bumi X and a customer Bumi X shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing and signed on behalf of Bumi X by duly authorized officer thereof in the absence of any such written agreement to the contrary these condition shall constitute the entire agreement between Bumi X and each of its customers.
3) Bumi X is not a common carrier and will only carry documents or goods subject to these conditions. Herein Bumi X reserves the right to refuse the carriage or transportation of any documents or goods or class of document or goods of any person, firm, company or entity at its absolute discretion.
4) Bumi X undertakes subject to payment in accordance with rates notified to the customer from time to time to carry the customer’s documents or goods between destinations agreed between Bumi X and the customer(s). Bumi X reserves the right to carry the customer’s documents or goods by any route and procedure and by carrier or successive carriers and according to any handling storage and transportation methods as Bumi X thinks fit.
5) Bumi X reserves the right but not the obligation to inspect the documents or goods consigned by its customers to ensure that all such documents or goods are capable of carriage to the countries of destination within the standard operating procedures customs declaration and handling methods of Bumi X PROVIDED THAT in making this reservation Bumi X does not undertake or represent that any particular item to be carried is capable of carriage and delivery without infringing the law of any country or state from to or through which the item may be carried.
6) Any rates quoted by Bumi X to carriage are inclusive of local airport taxes but exclusive of any value added tax, duties, levies, imports, deposits or outlays incurred in respect of carriage of customer’s documents or goods. Should the customer indicate by endorsement in the space provided on the Consignment Note that the Receiver shall be liable for any customs duty, the customers shall be liable for such customs duty in the event of default in payment by the Receiver. Bumi X shall not be liable for any loss damage incurred due to the customer’s documents or goods being impounded by customs or similar authorities and the customer shall indemnity Bumi X for any fines, penalties of loss suffered by Bumi X in connection therewith.
7) The marking and packaging of the customer’s documents or goods for transportation is the customer’s sole responsibility including the placing of the documents or goods in any container which may be supplied to the customer by Bumi X. Bumi X accepts no responsibility for loss or damage to documents or goods caused by inadequate, inappropriate or defective packaging. It is the sole responsibility of the customer to address adequately and clearly each consignment of documents or goods to enable effective delivery to be made. Bumi X shall not be liable for delay in forwarding or delivery resulting from the customer failure to comply with its obligations in the respect.
8) Bumi X shall not be liable for all or any losses, damages and expenses arising as a result of the customer’s failure to comply with the customer’s obligations under this agreement or as a result of the customer’s negligence.
9) The customer warrants that the customer is the true owner of the documents or goods consigned for carriage or is the duty authorized agent of the true owner and that is authorized to accept and is accepting these conditions not on behalf of itself but also as agent or and on behalf of all other persons who are or may hereafter become interested in the documents or goods. The customer hereby undertakes to indemnity Bumi X against and damages, costs and expenses resulting from any breach of this warranty.
10) Bumi X shall be liable subject to clause 11 hereof, for loss sustained by the customer due to damage or loss of the documents or goods whilst in Bumi X custody or control provided that such loss or damage was due to the negligence of Bumi X its servants or agents. Save as aforesaid Bumi X shall be under no liability in respect of the documents or goods carried by it and in particular shall not be liable for consequential loss however arising. The parties agree that consequential loss shall be deemed to include without restriction commercial financial or other direct loss including loss of interest, profit, markets and utility. Bumi X shall not be liable for any loss or damage incurred by the customer due to any delay in the carriage or delivery of documents or goods which are beyond the control of Bumi X or any loss or damage as result of Act of Good or any force major occurrence.
11) The liability of Bumi X shall be limited to the payment by Bumi X by way of damages of a sum not exceeding RM200.00 or its equivalent per consignment or the value of the consigned documents or goods, whichever is lesser. For the purpose of establishing the amount Bumi X liability under this clause the value of a document or the goods shall be ascertained by reference to their repayment or constitution value at the time and place of shipment without reference to their commercial utility to the customer and other items of consequential loss. Consequential loss herein shall bear the same meaning as in clause 10 hereof.
12) Any claim brought by a customer against Bumi X hereunder must be customer to an office of Bumi X in writing 14 days of the date when the documents or goods should have reached their destination after which date no claim shall be entertained by Bumi X. No claim shall be entertained until all outstanding due to Bumi X from the customer have been fully settled. The amount of any such claim shall not be set off against any amount owing to Bumi X.
13) Bumi X will not carry the following goods, documents and material, which Bumi X may notify the customer of from time to time as dangerous, hazardous, combustible or explosive material, prohibited drugs, gold and silver bullion, coin, dust, cyanides, precipitates, or any form of uncoiled gold and precious and semiprecious stones, including commercial carbons or industrial diamonds, currency (paper of coin) of any nationality, negotiable securities, stock, bonds, certificates, unconcealed postage or revenue stamps war saving of thrift stamps, lank or endorsed in blank cashier’s cheque, money orders or traveler’s cheque, antiques, pictures, livestock or plants and in the event that any customer should consign such items with Bumi X. The customer shall fully indemnity Bumi X for all claims, damages and expenses arising in connection therewith and Bumi X shall have the right to deal with such items as it shall see fit including the right to abandon carriage of the same immediately upon Bumi X having knowledge that such item infringes these conditions. The right of inspection referred to in clause 5 shall also apply for the purpose of the clause.
14) Bumi X is not an air transport undertaking within the Warsaw Convention 1929 and subsequent air carriage treats and legislation. Bumi X acts as agents or its customer when consigning documents or goods with a particular airline or its customer when consigning documents or goods with a particular airline or carrier for onwards carriage without prejudice to its general right of subrogation hereunder. Bumi X shall have the right of subrogation hereunder. Bumi X shall have the right to recover compensation from any airlines or carrier for loss damage or incurred by any customer on behalf of that customer.
15) Customer are to arrange insurance coverage on the documents or goods consigned and Bumi X is under no obligation to provide such insurance coverage.
16) The terms and conditions herein shall apply to and incur to the benefit of Bumi X and its authorized agents, officers, directors and employees.