Terms and Conditions of Shipping Order for Cross-Border Express in Taiwan

Terms and Conditions of Shipping Order for Cross-Border Express in Taiwan

1. Contract Formation, Jurisdiction, and Severability

1.1 This shipping order is applicable only to shipments originating from Taiwan.

1.2 This contract is established on the date the consignor signs the shipping order, between S.F. Express (Taiwan) Co., Ltd. (hereinafter referred to as “the Company”) and the consignor. Both parties agree that the law of the place of origin shall govern this contract, and the courts of the place of origin shall have exclusive jurisdiction.

1.3 These terms and conditions, together with other original documents related to the shipment, constitute the complete and exclusive agreement between the parties. If any provision is deemed unenforceable under mandatory law, the validity of the remaining provisions shall not be affected.

2. Shipments Not Accepted (The Company reserves the right to refuse transportation of the following items. If such shipments have already been accepted or dispatched, the Company may reject transportation without assuming any legal liability. Any resulting losses or expenses shall be borne by the consignor.)

2.1 Air shipments with any single piece exceeding 70 kg in weight, or with dimensions where length + 2 × (width + height) ≥ 500 cm, or the longest side ≥ 200 cm.

2.2 Items classified as hazardous or dangerous goods under the regulations of the International Air Transport Association (IATA), the International Civil Aviation Organization (ICAO), or other relevant government authorities/organizations, as wellas items prohibited or restricted from transport.

2.3 Items, in whole or in part, that have not complied with customs or other administrative regulations.

2.4 Items the Company deems unsafe or unlawful to transport (including but not limited to: cash, marketable securities, postage stamps, antiques, precious metals and ores, animals, human remains, pornographic materials, pharmaceuticals, liquids, white powdery substances), counterfeit or fake products, weapons, explosives, batteries contained within items, or any items restricted by laws or regulations at the origin or destination. The Company reserves the sole discretion to make such determinations.

2.5 Shipments where the consignor, consignee, or any other party with a direct or indirect interest in the shipment appears on any applicable sanctions list and is designated as a denied or restricted party.

3. If the consignor violates any applicable laws, these shipping terms, or the following warranties, thereby causing losses to the Company, the consignor shall be liable for compensation. The Company also reserves the right to refuse transportation.

3.1 The consignor warrants that the information entered on the shipping order is complete and accurate, including but not limited to shipment details, declared value, and the consignor’s and consignee’s addresses and contact information.

3.2 The consignor warrants that the labeling of the shipment is complete, accurate, and truthful, and that the packaging is proper (the consignor shall ensure the use of appropriate packaging suitable for transportation, with contents adequately and securely packaged, wrapped, cushioned, or filled). The shipment shall be suitable for safe transport under the duty of ordinary care.

3.3 The consignor warrants that they have the right to ship the goods, and further warrants that the contents of the shipment comply with applicable customs, sanctions, and import/export regulations, as well as other relevant laws and regulations, and are free from defects that infringe upon the rights of others, including intellectual property rights.

3.4 The consignor warrants that the shipping order has been signed by the consignor or their duly authorized representative, and that this contract is binding upon the consignor.

4. Transportation and Delivery

4.1 The consignor accepts that the Company may determine all transportation routes at its sole discretion, including the use of possible transit hubs or subcontracting to third-party carriers.

4.2 Shipments will be delivered to the address provided by the consignor. Direct delivery to the named consignee personally is not required. For residential addresses: delivery to building management personnel, household members, or similar persons shall be deemed valid delivery. For non-residential addresses: delivery to building management, colleagues, or similar persons shall be deemed valid delivery. For addresses with centralized receiving points: shipments will be delivered to such receiving points.

4.3 Unless otherwise agreed in writing, the Company does not guarantee delivery times and shall not be liable for any delays in delivery.

4.4 Where payment of shipping fees is designated to be borne by the consignee, the consignor may request to change the payer to the consignor prior to completion of delivery. In such cases, the consignor shall pay a handling fee of NTD 100 per shipment. Any resulting delays in delivery shall be the consignor’s sole responsibility. However, if the consignee has already paid the shipping fee, the consignor shall not have the right to change the payment method.

5. Right of Inspection:

At the request of relevant government authorities, or when required for safety or lawful customs clearance, the Company has the right to open and inspect shipments and take other necessary actions without prior notice to the consignor.

6. Fees and Lien:

6.1 The Company’s shipping charges will be calculated based on the greater of the actual weight or the volumetric weight of the shipment. For consignments where the volume per kilogram exceeds 6,000 cubic centimeters, the volumetric weight shall be calculated as follows: Weight = Length × Width × Height ÷ 6,000 (Where length, width, and height are measured in centimeters.) For Taiwan export shipments under International Standard Express and International Economy Express products, the volumetric weight formula is: Weight = Length × Width × Height ÷ 5,000

6.2 The consignor shall complete all required documentation (including but not limited to: air or sea waybills, commercial invoices, and Harmonized System Codes (HS Code) or other customs clearance documents) and warrants the accuracy and truthfulness of the information provided. In cases of incomplete documentation, the Company may, for the sole purpose of ensuring smooth transportation, complete such information on behalf of the consignor (though not obligated to do so). The Company disclaims any liability for the correctness or completeness of such information. If the Company utilizes its credit line with customs authorities, or advances customs duties on behalf of a consignee without a Company account, the Company reserves the right to charge additional fees and to advance such taxes and duties in compliance with applicable laws and regulations.

6.3 If freight or other fees are designated to be paid by the consignee or a third party, and such consignee or third party fails to make payment, the consignor remains liable for all charges related to the shipment and any additional handling costs, including but not limited to: return shipping charges, storage fees, declared value charges, remote area surcharges, advance payment charges, special warehouse entry service fees, and any other surcharges or expenses incurred by the Company.

6.4 Any payments advanced by the Company on behalf of the consignor, consignee, or any third party, including but not limited to duties, taxes, or other charges, shall ultimately be borne by the consignor. Regardless of the payment method selected at the time of shipping, if the consignee or third party fails to make payment, the consignor shall remain fully liable and agree to pay all such charges. These charges must be settled within seven (7) days of notice from the Company. Where the Company issues an invoice in advance, unless proven otherwise, the invoice shall be deemed received on the third business day following the invoice date.

6.5 In the event of any obstacle to delivery (including but not limited to: unknown consignee, consignee’s address unknown, refusal to accept delivery, inability to accept delivery, delay in acceptance, or disputes regarding entitlement to receive the shipment), the Company will notify the consignor and handle the shipment in accordance with the consignor’s instructions. All additional charges incurred as a result (including but not limited to: “one-way original freight,” “redirection/return charges” [meaning freight to redirect to a new destination or return to a designated location], “advance payment charges,” and “additional service fees already incurred by the Company”) shall be borne by the consignor.

6.6 If, after notification, the consignor fails to provide instructions, if such instructions cannot practically be executed, if the Company is unable to contact the consignor, or if freight charges or any other fees payable by law or contract remain unpaid, the Company shall have the right to dispose of the shipment at its sole discretion (including but not limited to: taking ownership of the goods, treating them as abandoned, or otherwise disposing of them), or exercise its right of lien in accordance with the law. All costs arising therefrom shall be borne by the consignor, and the Company shall bear no liability to the consignor or any third party for such disposal.

7. Customs Declaration:

7.1 When the consignor delivers goods to the Company for shipment, the consignor hereby appoints the Company as its agent, authorized solely to handle customs declaration matters, and designates the Company as the consignee so that the Company may appoint a customs broker to complete the declaration. In certain circumstances, where government authorities require additional supporting documents to confirm the Company’s designation as agent, the consignor shall provide all necessary documentation. Any losses arising from failure to provide such documentation shall be borne solely by the consignor.

7.2 The consignor shall be responsible for all expenses related to the shipment, including freight charges, all duties and customs-assessed taxes, government fines, tariffs, and any other expenses incurred by the Company, including but not limited to attorney’s fees and legal costs.

8. Exclusions of Liability:

8.1 The Company shall not be liable for any loss or damage not caused by or attributable to the Company. Such causes include, but are not limited to:

8.1.1 Loss or delay of shipments resulting from natural disasters (such as earthquakes, tornadoes, storms, floods, heavy fog), epidemics, government actions or controls, or other force majeure events.

8.1.2 Loss arising from shipments that violate any applicable export control laws, sanctions, or regulations, or losses caused by the inherent characteristics, latent defects, or ordinary wear and tear of the shipment (whether or not known to the Company).

8.1.3 Acts or omissions of persons not employed by or under contractual relationship with the Company, including consignors, consignees, third parties, customs, or other government authorities.

8.1.4 Loss resulting from civil commotions, strikes, or criminal acts.

8.1.5 Electromagnetic damage to or deletion of electronic images, data, or records.

8.1.6 Shortage or damage of contents when the outer packaging remains intact (including but not limited to: original packaging that cannot be opened by the Company, or packages equipped with calibrated shock/vibration detectors).

8.1.7 Loss caused by the nature of the shipment itself, such as fire, explosion, mold, decay, discoloration, or rust.

8.1.8 Loss arising from incorrect or incomplete information provided on the shipping order, or any other loss wholly or partially attributable to the consignor or consignee.

8.1.9 Loss or delay caused when the consignor, consignee, or any party with a direct or indirect interest in the shipment is listed on any applicable sanctions list as a denied or restricted party.

9. Limitation of Liability and Declared Value Service:

9.1 The Company’s liability for any shipment shall not exceed USD 20 per shipment for documents, or USD 100 per shipment for non-document goods, and shall in any case be limited to the lower of the declared value or the actual value of the goods. However, if the consignor purchases and selects the Declared Value Service, the Company’s maximum liability shall be limited to the agreed declared value.

9.2 For shipments that comply with applicable laws and are not prohibited or restricted items, the consignor may apply for the Declared Value Service. The declared amount shall be the lower of the declared value or the actual value of the goods. From the time the Company accepts the shipment under the Declared Value Service until delivery to the consignee, the Company shall be liable for loss, theft, or damage to the shipment, and compensation shall be made based on the declared value of the shipment and in proportion to the extent of the loss, provided that such compensation shall in no event exceed the declared value.

9.3 Compensation for loss or damage to shipments shall be based on the value of the goods at the time of shipment and, depending on the degree of damage, shall be paid within the limits specified in Clauses 9.1 and 9.2 above.

9.4 For losses caused by delay in delivery, the Company’s liability shall be limited to the amount of the freight charges paid for the shipment.

9.5 Where losses arise simultaneously from loss, destruction, damage, or delay, the Company’s total liability shall not exceed the limitation set forth in Clause 9.1.

9.6 The Company’s liability under this contract is strictly limited to direct losses and shall not exceed the limits set forth in this Section. The Company shall not be liable for any other losses, including but not limited to loss of profits, income, interest, or future business, whether such losses are special, indirect, or consequential, and regardless of whether the Company had knowledge of the risk of such losses before or after acceptance of the shipment.

9.7 Claims for compensation relating to any shipment shall be limited to a single claim. Once the consignor agrees to accept the compensation amount proposed by the Company, all other claims shall be deemed waived. Ownership of the goods, as well as the corresponding rights to pursue claims against third parties, shall be proportionally transferred to the Company upon settlement. If the consignor considers that the compensation provisions under this contract are insufficient to cover potential losses, the consignor shall be responsible for purchasing insurance for the shipment independently or purchasing the Company’s Declared Value Service (subject to the Company’s review and approval).

9.8 Any claim must be submitted to the Company in writing within 30 days from the date the Company accepted the shipment; otherwise, the Company shall bear no liability.

10. Collection of Personal Data:

10.1 The personal data you provide (including but not limited to your name, ID number, telephone number, address, and email) will be used solely for purposes such as maintaining customer service records, conducting statistical surveys and analysis, and facilitating express delivery services and related cooperative business services.

10.2 During the necessary period for the purposes stated above, the Company may collect, process, and use your personal data within the service scope of the S.F. Express Group, by means of paper, electronic files, or other appropriate methods consistent with the technology available at the time.

10.3 You have the right to: (1) request access to or review of your personal data, (2) request copies, (3) request supplementation or correction, and (4) request cessation of collection, processing, or use, or request deletion. If the exercise of these rights results in any reduction of service or benefits, the Company shall bear no liability for related compensation.

10.4 The consignor warrants that any personal data provided to the Company has been disclosed to and consented to by the data subject, who has also read and agreed to the above notice. In the event of any violation, the consignor shall bear all responsibility and indemnify the Company for any damages or losses incurred.

10.5 For inquiries, access, supplementation, or correction requests, please visit the Company’s official website at https://htm.sf-express.com/tw/tc/, or contact us at 412-8830 (please add 02 when calling from a mobile phone).

11. In the event of any inconsistency between the shipping order terms across different ordering channels or between the Chinese and English versions of these terms, the Chinese version as published on the Company’s official website shall prevail.