Terms and conditions of export delivery
Terms and conditions of export delivery
1.Conclusion of the Contract, Jurisdiction and Severability
1.1 This waybill can only be used on a consignment originating from Taiwan.
1.2 This contract is established on the date of signature by the consignor, and the parties hereto are Taiwan S.F. Express (hereinafter referred to as “the Company”) and the consignor: To apply the provisions of the laws which the parties agree to and to submit to the exclusive jurisdiction of the courts of the place of shipment.
1.3 This Contract Terms and other original documents relating to transportation shall constitute the complete and exclusive contract terms binding on both parties. If any part of the contract terms is not enforceable, this shall not affect the enforceability of any other parts.
2. The following consignments will not be accepted and sent by us (in the event where the Company has accepted and sent the consignment, the Company reserves the right to refuse delivery and bears no legal responsibility. The consignor is liable for any compensation to the Company):
2.1 Consignments by air weighing over 70kg per piece, or with a volume greater than 200cm x 80cm x 70cm per piece.
2.2 Articles which are classified as hazardous articles, dangerous articles, forbidden articles or restricted articles by the International Air Transport Association (IATA), the International Civil Aviation Organization (ICAO) or any other relevant government departments or organizations;
2.3 All or part of the articles that have not been processed in accordance with the regulations of the customs or other administrative agencies.
2.4 Goods deemed by the Company as unable to be safely or legally shipped (including but not limited to: cash, securities, postage stamps, antiques, precious metals and ores, animals, human bodies, pornographic materials, drugs, liquid substances, and white powdered materials), counterfeits, forgeries, weapons, explosives, dynamites and any articles restricted by the laws and regulations of the place of departure or destination. The Company reserves the right for unilateral determination.
3. If the consignor breaches any of the laws, consignment terms and conditions or the following guarantees that results in losses to the Company, the consignor is liable for compensation, and the Company has the right to refuse delivery:
3.1 The consignor shall warrant the completeness and accuracy of the information specified in the waybill, including but not limited to the consignment information, the declared value, and the addresses and contact information of the consignor and consignee.
3.2 The consignor shall warrant the integrity and accuracy of the markings of the consignment and contents are properly packed (by ensuring that appropriate packages suitable for transportation is used; the contents are adequately and securely wrapped, packaged; and cushioned with pads or packing materials suitable for transportation) for safe transportation under the general duty of care.
3.3 The consignor warrants the right to consign the consignment and guarantees that the contents in the consignment are in compliance with the customs and import and export regulations, as well as other laws; the consignor warrants that there are no defects that infringe on the rights of others, intellectual property rights, or other rights.
3.4 The consignor warrants that the waybill of the consignment is signed by the consignor or the consignor’s authorized persons. This Contract has a binding power over the consignor.
4.Transportation, Delivery and Non-Delivery
4.1 The consignor accepts the delivery routes of the Company, including possible transit points and accepts that the Company may entrust other couriers for delivery.
4.2 A consignment will be delivered to the address provided by the consignor, but not necessarily the consignee. Where the address of the consignee is a residence, the building manager, person living with the consignee or that of a similar person are regarded as the consignee. Where the address of the consignee is not a residence, the building manager, person who works with the consignee or that of a similar person are regarded as the consignee. Where the address of the consignee is a collection point, the consignment will be delivered to such collection point.
4.3 Where the consignee refuses the consignment or to pay the freight charge, or where the consignee is unable to be reasonably identified or located, the Company will notify the consignor and handle the consignment according to the consignor’s instructions; hence, the consignor is liable for any additional costs. Where the consignor does not give instructions, the Company has the right to dispose of the consignment or exercise a lien, and bears no responsibility over the consignor or other persons for carrying out the above actions. However, the Company shall return the proceeds to the consignor after deduction of necessary costs.
4.3.1. Where customs suspect the consignor has under-declared the value of the goods;
4.3.2. Where the consignee is unable to be reasonably identified or located;
4.3.3. Where the consignee refuses to accept the consignment or pay the freight charge.
4.4 Where a special written agreement has not been entered into, the Company does not guarantee the delivery date of the consignment and is therefore not liable for any delay in delivery.
4.5 Where it is agreed that the consignee shall pay the freight charge, the consignor may change it to be paid by the consignor before delivery is completed; an additional handling fee of NTD100 will be added. The consignor will be held responsible where the delivery is delayed as a result of any changes. Where the consignee has already paid the freight charge, the consignor has no right to change the payment method.
5.Right of Inspection
As required by government agencies or due to safety and legal declaration requirements, the Company has the right to open and inspect the consignment or perform necessary acts without prior notice to the consignor.
6. Charges and Liens
6.1 The Company's freight will be calculated according to the actual weight or volumetric weight of goods, whichever is higher. For shipments with the volume per kilogram of more than 6000 cubic centimeters, the volumetric weight thereof may be calculated using the formula below: volumetric weight = length x width x height/6000.In the formula, the unit of length, width and height is centimeter. For Taiwan export under Standard Express (International) and Economy Express (International), the volumetric weight thereof may be calculated using the formula below: volumetric weight = length x width x height/5000
6.2 As a provider of services to the consignor, the Company may (but is not required to), on behalf of the consignor, fill out or revise various types of documents (including air waybills, commercial invoices, and/or other customs clearance documents). If the Company uses any line of credit it has requested from the customs authorities or pays customs duty for any consignee who does not have any account with the Company, the Company may charge additional costs and pay the relevant taxes pursuant to the requirements of the applicable laws and regulations.
6.3 The consignor may give different payment instructions. However, if the consignee fails to fulfill his/her payment obligation, the consignor shall be responsible for paying all costs relating to the consignment, including but not limited to round-trip shipping costs, warehousing costs, protection costs, remote surcharges and advance charges.
6.4 Where the consignor or consignee fails to pay the freight and other charges, the Company may exercise a lien on the consignment and notify the consignor or consignee to settle the charges within three months (from the day after the notice is delivered). In the case that the consignor or consignee fails to pay the charges upon expiration, the Company may sell the contents of the consignment and receive priority payment.
6.5 All payments made by the Company for the consignor, consignee, or any other person, including but not limited to taxes or other charges, shall be made by the consignor upon request by the Company. Regardless of the options of reimbursement or payment for shipment, the consignor shall ultimately be responsible for and agree to the payment of all costs, including any payment due which the shipper or any third person has failed to make. All costs, except for those paid prior to shipment otherwise agreed upon in writing with, the Company shall be paid within seven days following the receipt of invoices or bills. Unless proven otherwise, an invoice shall be deemed to have been received three working days after the date of invoice.
7. Customs Declaration
7.1 When the consignor entrusts the consignment to the Company, the consignor hereby designates the Company as their agent for customs clearance matters, and certifies the Company as the consignee to facilitate the Company’s designation of a customs broker for clearance. Under certain circumstances, for example if a government agency requests additional documents to ensure that the Company is the consignor’s designated agent, the consignor shall provide all required documents. Failing to do so, the consignor is responsible for all losses incurred.
7.2 The consignor is responsible for all costs in relation to the consignment, including freight charge, all duties and customs estimates, government fines, taxes, and all costs incurred and paid by the Company, including but not limited to: attorney’s fees and legal fees.
8. Exemption of Liability
8.1 The Company is not liable for any loss or injury not caused by or attributable to the Company. These causes include, but are not limited to:
8.1.1 Riots, civil disturbance; natural disasters, such as earthquakes, tornadoes, storms, floods, fog; force majeure events including war, aviation accidents or embargoes;
8.1.2. Inherent defects or characteristics of the consignment (whether or not known to the Company);
8.1.3. Acts or omissions of a person who are not an employee of the Company, or a person who has no contract with the Company, such as consignors, consignees, third parties, the customs or other governmental agencies;
8.1.5. Images, data or records are damaged or deleted by electromagnetic means.
9. Limitation of Liability and Shipment Protection Plus Service:
9.1 The maximum compensation paid by the Company for each consignment shall not exceed USD20 (for documents) or USD100 (for goods), with the declared or real value of the consignment (whichever is lower). Where “Shipment Protection Plus” (SSP) service is selected upon purchase, the courier’s liability shall subject to the agreed compensation amount.
9.2 Compensation for losses arising from lost or damaged consignment is based on the value of the consignment at the time of dispatch subject to the limit of compensation specified in the preceding paragraph depending on the extent of the damage.
9.3 The Company shall compensate for losses arising from late consignment only to the extent of the freight charged for the consignment.
9.4 In the event of simultaneous loss, damage, and late arrival of goods, the calculation for the total compensation to the courier is subject to the limit specified in Paragraph 1 of Article.
9.5 The Company’s liability to the consignor under this Contract shall be limited to direct loss; the limit provided in this Article shall not be exceeded. The Company shall not be liable for any other loss or pure economic loss (including but not limited to: profits, income, interest or future business loss), whether or not such loss is special or indirect, or whether the Company was aware of the risk of such loss before or after accepting an express shipment.
9.6 Only one claim for compensation due to damaged consignment shall be made. Where the consignor accepts the amount proposed by the Company, all other claims shall be waived. The ownership and corresponding right of claim against the third party shall be transferred to the Company in proportion upon settlement of the claim. Where the consignor considers that the amount stipulated in the indemnity provisions of this Contract is not sufficient to cover their loss, the consignor shall take out insurance for the consignment or purchase the Company’s SSP service. (However, the Company reserves the right to approval.)
9.7 Goods that are in compliance with the law and accepted by the Company for shipment must apply for the Company’s SSP service. The declared value or true value (whichever is lower) of the goods shall be used as the protection amount. The Company shall compensate for loss, theft or damage of all or part of the consignment from the time SSP is applied on the consignment in proportion to the protection amount and loss of the consignment.
9.8 Any claim must be made in writing to the Company within 30 days after the consignment has been accepted by the Company; otherwise the Company will not bear the responsibility.
10. Collection of Personal Data
10.1 telephone number, address and E-mail) only for the purposes of the creation of customers’ historical service data, statistical survey and analysis, and express delivery and related cooperative business.
10.2 During the necessary period as defined by the purposes above, the Company will collect, dispose and utilize your personal data in paper edition electronic record or in a proper manner that meets the current science and technology requirements within the service scope of S.F. Express (Group) Co., Ltd.
10.3 You shall exercise the right to(1) request query or reading, (2) create duplicate copies, (3) request supplementation or amendment, (4) request to stop collecting , disposal or utilization or request to delete the personal data. If exercising the above right impairs your relevant rights, the Company shall not undertake any liability to compensate for your losses so caused.
10.4 The consignor guarantees to provide personal data to the Company and that the subject of the personal data provided has read and agreed to the above information. In case of breach, the consignor will be liable for all damages and losses of the Company.
10.5 For inquiry, supplement, corrections or questions, please contact us at https://htm.sf-express.com/tw/tc/, or call us on 412-8830 (add area code 02 if calling from a mobile phone).
11. Where there are any discrepancies between the English and Chinese versions of the terms and conditions, the Chinese version shall prevail.