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TRANSPORT AND DELIVERY SERVICE (DOMESTIC)
"MHD2D" Refers to MAB Kargo Sdn Bhd’s delivery service and/or authorized agents and/or representatives, DHL eCommerce Malaysia Sdn. Bhd. that carries out the services and the activities associated with services. "GTC" General Terms and Conditions of MHD2D. "Recipient" Addressee to whom the Shipment is sent. "Parties" Refers to Sender and MHD2D, and “Party” refers to each of Sender and MHD2D. "Sender" Means the party receiving delivery services from MHD2D in accordance with a respective agreement. "Shipment" One or more mail or parcel items containing goods or press items or dialogue marketing material or other items or materials which the Sender hands over to MHD2D, and which may be transported and delivered by any means of transport selected by MHD2D, whether by air, road or any other means of transport. Each such shipment is transported under limited liability pursuant to these GTC. "Prohibited Goods" Meaning as defined in Section 4 of these GTC. "DHL" Refers to DHL eCommerce (Malaysia) Sdn. Bhd., the appointed ground transportation provider for MHD2D.
(1) The GTC shall apply to all agreements between MHD2D and the Sender regarding the domestic transport and delivery of Shipments, unless otherwise agreed in writing by MHD2D.
(4) The Sender’s general terms and conditions shall not apply and are herewith explicitly excluded, even if MHD2D has accepted the Shipment without any expressed objection. Any terms and conditions which amend or modify these GTC shall be agreed in writing between the Parties.
3. Agreement and Services
(1) Contracts regarding transport and delivery of Shipments by DHL are concluded between the Sender and MHD2D, either in written form or by way of hand-over of the Shipment and acceptance of the same for transport and delivery in accordance with these GTC.
(2) MHD2D accepts Shipments for transport and delivery by DHL from the Sender at the sites of MHD2D, or picks up such Shipments at agreed sites of Sender, in order to deliver such Shipments to the Recipient directly or have them delivered by another service provider.
(3) The Sender shall label the Shipment correctly and provide all necessary details to enable MHD2D to perform the services including transport and delivery, settling of damages claims and/or return of the Shipment, as the case may be.
(4) MHD2D will accept special instructions from the Sender for Shipments only if these instructions are notified in the agreed form or in a separate agreement between the Parties. MHD2D is not obliged to comply with any special instructions if these are issued only after the Shipment has been handed over for transport and delivery.
(5) The Sender agrees to all routing and diversion, including the possibility that the Shipment will be transported via intermediate stops, at the sole and absolute discretion of MHD2D.
(1) MHD2D shall not undertake the transport and delivery of any Shipment which contains Prohibited Goods (as defined below). Prohibited Goods include, but are not limited to the items listed below, and as may be updated from time to time by MHD2D (the latest updated list is available at www.mhd2d.com):
(a) Shipments the content, external form, transportation or storage of which violates a statutory prohibition or a prohibition by a public authority, in particular – but without limitation – regulations regarding export, import or customs law of the countries of origin, destination or transit, or goods for which special equipment (e.g. for temperature- controlled goods), safety precautions or authorizations are required;
(b) Shipments or items the transportation of which is prohibited or is subject to special restrictions under applicable laws and regulations;
(c) Shipments the transportation and/or storage of which is subject to hazardous goods regulations, including but not limited to goods that are not completely free from restrictions under applicable laws and regulations;
(d) Shipments the content of which violates intellectual property rights, including forged, counterfeit or unlicensed copies of products (brand and trademark piracy);
(e) Shipments the content or external characteristics of which may cause death or injury to or infection of persons or damage to property;
(f) Shipments containing live animals or human remains; with the exception of invertebrates if and where permitted under the provisions of applicable laws and regulations;
(g) Shipments containing narcotics or intoxicants;
(h) Shipments containing cash or other methods of payment, precious metals, works of art, jewelry, watches, precious stones or other valuables or securities (unless otherwise agreed by MHD2D in its sole and absolute discretion);
(i) Unfranked or insufficiently franked Shipments and Shipments transported or posted with the intention of fraudulently obtaining the transport service without paying for it;
(j) Shipments that contain weapons, especially firearms, or parts thereof, imitation weapons or ammunition; and
(k) Shipments which contain obscene or pornographic articles.
(2) The Sender warrants that the Shipment does not contain any Prohibited Goods and has been appropriately packed and protected. Notwithstanding any other rights of MHD2D, the Sender shall indemnify MHD2D from any liability for third-party claims resulting from the transportation or delivery of Prohibited Goods or other inadmissible or unlawful goods. The contractual liability of MHD2D for its own conduct and that of its agents or subcontractors remains unaffected.
(3) The Sender undertakes to indemnify MHD2D promptly upon first demand against any loss or damages arising out of any alleged third-party claims and any other loss or damage that MHD2D incurs as a result of the transportation or delivery of the Prohibited Goods. The indemnity by the Sender shall also cover the expenses incurred by MHD2D in connection with the provision of information, confiscation by the customs authorities or border seizure which are required by law or have been ordered by a court or a government authority.
(4) If a Shipment contains Prohibited Goods or the Shipment – because of its nature (size, format, weight, contents, etc.) or for other reasons – does not comply with Section 4(2) above or with the other provisions of these GTC, MHD2D shall be entitled to: (a) refuse acceptance of the Shipment;
(b) if the Shipment has already been handed over, abandon it, dispose of it, hand it over to the relevant authorities, return it or store it until its collection and to invoice the Sender for any additional costs incurred as a result of taking any of the aforementioned measures; or
(c) transport the Shipment without notifying the Sender and, if necessary and/or required by law, to choose a different route (e.g. by road and sea instead of by air freight as planned) and to invoice the Sender for any additional costs incurred as a result, without incurring any liability to the Sender, Recipient or any other third party.
(5) MHD2D is not obliged to check whether a Shipment contains Prohibited Goods. However, MHD2D shall be entitled to open a Shipment and to inspect the contents if it suspects that the Shipment contains Prohibited Goods. In addition to the foregoing, MHD2D has the right to open and inspect a Shipment without notice for security or customs or other valid reasons. Further, MHD2D carries out regular checks in accordance with the applicable statutory aviation security regulations and if goods which may not be transported by air are found, or if there is reason to suspect that these goods ought not to be transported by air, MHD2D shall be entitled to transport the goods by land or sea, notwithstanding its other rights under Section 4(4).
5. Delivery and Non-Deliverable Shipments
(1) The Shipments shall be delivered by DHL to the Recipient's address specified by the Sender, though not necessarily personally to a Recipient named in person. Shipments to addresses with central mail departments shall be delivered to these departments.
(2) If necessary for the return of undeliverable Shipment, the Sender agrees that a corresponding return label as per MHD2D’s requirements shall be attached to such Shipment. The Sender shall use best efforts to assist MHD2D in returning such Shipment, and particularly to furnish all necessary customs documents and all other documents and information which may be required for the return.
(3) If the Recipient refuses to accept a Shipment or refuses to make payment, MHD2D shall be entitled to release, sell, destroy or otherwise dispose of such Shipment without incurring any liability to the Sender, Recipient or any other third party, provided that MHD2D has made reasonable efforts to return such Shipment at the expense of the Sender or if applicable law prohibits or prevents the return of such Shipment to the Sender.
(4) Unless special instructions are issued in accordance with Section 3(4), if an undeliverable Shipment is returned in accordance with Sections 5(2) and 5(3), MHD2D reserves the right to determine the timeframe for, the manner (i.e. whether individually or on a consolidated basis) and the mode of transport for such returned Shipment.
(1) The Sender shall pay to MHD2D the agreed charges for the agreed services.
(2) All prices indicated are net prices and are exclusive of any taxes, customs duties and fees. Such taxes, customs duties and fees shall be invoiced to and payable or reimbursable by Sender.
(3) All invoices shall be due and payable by the Sender, without deduction or set-off, within the credit period granted by MHD2D.
(4) In case of non-payment by the Sender of any outstanding amount, MHD2D shall be entitled to suspend any or all of the services, charge interest on all overdue amounts from the due date until payment and/or exercise such other right or remedy in respect of such outstanding amount.
(5) In the event that the Sender’s original choice of service and/or product is no longer applicable or available for any reason, MHD2D reserves the right to select the next best available or appropriate service and/or product in respect of the Sender’s Shipment and the charges for the service and/or product actually performed shall constitute the charges for the said Shipment.
(6) MHD2D reserves the right to charge based on the higher of actual or volumetric weight per piece and any Shipment may be re-weighed and re-measured by MHD2D to confirm this calculation. This is referred to as “chargeable weight” and may be billed on a separate invoice.
(7) MHD2D reserves the right to pre-authorize the total charge with a certain percentage buffer on the Sender’s credit or debit card, to cover any additional charge due to the variance between the booked weight and actual weight, upon the parcel processing at hub.
(8) MHD2D reserves the right to incur additional charge to cover the actual cost of the Shipment due to actual weight, or any other incurred surcharges due to taxes, duties, etc, before or after successful delivery of the Shipment.
(9) MHD2D reserves the right to charge the Sender based on the shipment weight declared online during booking. If the actual weight during submission is less than the weight declared, no refunds shall be entertained.
(1) MHD2D's liability for any and all services is strictly limited to direct loss and damage to a Shipment only and to the limits of liability set out in this Section 7. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to MHD2D’s attention before or after acceptance of the Shipment.
(2) MHD2D’s liability in respect of any one Shipment is limited to MYR 200.00 or the actual value of the Shipment, whichever is lower.
(3) If Sender regards the limits set out in Sections 7(2) as insufficient it must either request for Shipment Value Protection (“SVP”) as described in Section 7(5) below (which will entail the payment of a supplementary charge) or make its own insurance arrangements.
(4) All claims must be submitted in writing to MHD2D within thirty (30) days from the date that MHD2D accepted the Shipment, failing which MHD2D shall have no liability whatsoever. Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith. All of the original shipping cartons, packing and contents must be made available for MHD2D’s inspection and retained until the claim is concluded. MHD2D is not obliged to act on any claim until all service charges have been paid.
(5) MHD2D can arrange SVP (to the extent that SVP is available) for Sender covering higher liability limit bands in respect of loss of or physical damage to the Shipments referred to in Section 7(3) above, provided the Sender requests and signs up for SVP during the online booking process and pays the applicable supplementary charge for the relevant liability limit band. Additional terms and conditions relating to SVP shall apply and these shall be communicated to the Sender at the time the Sender signs up for SVP during the online booking process. For the avoidance of doubt, Section 7(4) shall apply to a claim relating to a SVP Shipment.
(1) Sender warrants that neither the receipt, transportation nor the delivery of its Shipments will expose MHD2D or its employees, servants, agents, subcontractors, insurers or reinsurers to any sanction, prohibition or penalty (or any risk of sanction, prohibition or penalty) whatsoever imposed by any state, country, international governmental organization or other relevant authority (collectively "Sanctions") by reason of the content of the Shipments, any insurance of the Shipments taken out by the Sender or any other person with an interest in the Shipments, the destination of the Shipments, the intended consignee of the Shipments or the purchaser or end user of the content of the Shipments.
(2) Sender warrants in particular, that:
(a) Shipments shall not include any goods which appear on any applicable list of prohibited goods as shall be determined from time to time by the United States, the United Nations, the European Union, the country of origin, country of destination and any transit countries;
(b) delivery of its Shipment to the intended consignee will not, in and of itself, contravene any of the prohibitions set forth from time to time by the United States, the United Nations, the European Union, the country of origin, country of destination and any transit countries; and
(c) delivery of this Shipment to the intended consignee will not, in and of itself, result in any funds or economic resources being made available directly or indirectly to or for the benefit of any person entity or body which is listed or designated in any Sanctions or legislation covering Denied Parties as set forth from time to time by the United States, the United Nations, the European Union, the country of origin, country of destination and any transit countries.
(3) Sender agrees to provide MHD2D immediately on request with full information about the nature of its Shipment and their intended use, as well as the identities of all parties which have any legal, financial or commercial interest in the Shipment.
(4) MHD2D is entitled to inspect Shipments and, in particular, is entitled to access any data or information contained in any electronic storage medium and MHD2D shall not be responsible for any delay or damage caused as a result of that inspection provided that MHD2D shall take reasonable care in inspecting the Shipment. Where data or information is protected by a password, details of that password shall be provided to MHD2D by Sender on request.
(5) Sender shall indemnify MHD2D against all loss, damage, fines and expenses whatsoever, including but not limited to exposure of MHD2D, its employees, servants, agents, subcontractors, insurers or re-insurers to any Sanctions arising or resulting from any non-declaration or illegal, inaccurate and/or inadequate declaration in respect of the Shipment by the Sender or from any other cause in connection with the Shipment for which MHD2D is not responsible.
(6) If it appears, in the reasonable judgment of MHD2D that Shipments (or any activities required in respect of the Shipments by MHD2D or any other person) may expose MHD2D or their employees, servants, agents, subcontractors, insurers or reinsurers to any breach of Sanctions or risk of breach of Sanctions, then:
(a) MHD2D may refuse to carry Shipments or alternatively MHD2D may without notice to Sender (but as his agent only) take any measure(s) and/or incur any additional expense to carry or to continue the Shipment thereof, and/or abandon the Shipment and/or store the Shipment ashore or afloat, under cover or in the open, at any place, which abandonment or storage shall be deemed to constitute due performance by MHD2D of all of its obligations in respect of that Shipment;
(b) Sender shall indemnify MHD2D against any additional expense so incurred;
(c) Sender shall indemnify MHD2D against any and all claims whatsoever brought by any third party in respect of the Shipments; and
(d) MHD2D may, without notice to Sender, provide any state, country, international governmental organization or other relevant authority with full information about the Shipments, including the identities of all parties which have any legal, financial or commercial interest in the Shipments.
9. Limitation of Liability regarding Delay of Delivery
MHD2D will make every reasonable effort to deliver the Shipment according to MHD2D’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. MHD2D is not liable for any damages or loss caused by delay.
10. Force Majeure
MHD2D is not liable for any loss or damage arising out of circumstances beyond MHD2D’s control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to MHD2D; any act or omission by a person not employed or contracted by MHD2D, e.g. Sender, Recipient, third party, customs or other government official; “Force Majeure” - e.g. earthquake, cyclone, hurricane, storm, flood, fog, radiation contamination, pandemic, war, plane crash or embargo, riot or civil commotion, industrial action or disputes.
11. Warranties of Sender and Indemnification
The Sender shall indemnify MHD2D from liability for loss or damage resulting from Sender’s failure to comply with the following warranties and representations:
(a) all documents and information provided by the Sender or its representatives are complete and accurate;
(b) the Shipment is acceptable for transport under Section 4 above;
(c) the Shipment was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation to MHD2D;
(d) the Shipment is correctly labeled, addressed and packaged so as to ensure safe transportation with ordinary care in handling;
(e) the Sender has complied with all applicable customs, import, export, data protection laws and regulations, sanctions, embargoes and other laws and regulations; and.
(f) the Sender has obtained all necessary consents to provide MHD2D with personal data including Recipient’s data as may be required for transport, customs clearance and delivery
12. Data Protection
In the event any information submitted by Sender to MHD2D contains personal data that is subject to the protection of applicable privacy and data protection laws and regulations, MHD2D shall limit the disclosure and processing of the personal data (to other members of the Malaysia Aviation Group (“MAG”) and relevant third parties) to such extent as is reasonably required to effect performance of the services, to manage and administer the Sender’s account(s) with MHD2D, to advertise products and services provided by MHD2D (subject at all times to the Sender’s right to decline and MHD2D’s compliance with applicable privacy and data protection laws and regulations) and for such other purposes as may be required by law, including, communicating the same to customs authorities. The Sender warrants that all personal data provided to MHD2D has been fairly and lawfully obtained and the Sender has authority to disclose such personal data to MHD2D for the purposes mentioned above. The Sender shall fully indemnify and keep MHD2D fully indemnified against any and all liability incurred by MHD2D as a result of such breach howsoever arising.
13. Final Provisions
(1) Any dispute arising under or in any way connected with these GTC shall be subject to the non- exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment.
(2) The invalidity or unenforceability of any provision of these GTC shall not affect any other part of these GTC.
(3) A person who is not a party to these GTC may not enforce any term of these GTC under any laws purporting to grant such rights which is hereby excluded to the extent permissible but this does not affect any right or remedy of a third party which exists or is available apart from such laws.
14. Help and Support
(1) For any queries, please contact MHD2D team at: [email protected]