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. Conclusion of the Contract, Jurisdiction and Severability:

1.1.The shipping order is applicable to the consignment shipped from Taiwan only.

1.2.The Contract is concluded on the date when the shipper enters his/her signature hereto. Both parties hereto, namely Taiwan S.F. Express Co., Ltd. (hereinafter referred to as “the Company”) and the shipper, agree that the laws applicable in the place of departure shall be the governing laws herein and submit to the exclusive jurisdiction of the competent court in the place of departure.

1.3.The terms and conditions herein, and any other original documents related to the shipment, shall constitute the entire and exclusive agreement between both parties. Where any provision hereof shall not apply under any peremptory norms, the effect of the other provisions shall still remain unaffected.

2. The consignment that meets any of the following circumstances is not acceptable. (Where the Company has accepted or sent the same, the Company is entitled to refuse to ship the same without needing to bear any legal liability, and may claim for damages therefor, if any.)

2.1.The weight of consignment by air freight exceeds 70 kg per parcel delivered, or the volume “length+2×(width+height)”≧500 cm, or the longest side≧200 cm per parcel delivered.

2.2.Any harmful or hazardous goods defined by International Air Transport Association (IATA), International Civil Aviation Organization (ICAO) and any other related government agencies or organizations, and any contrabands or restricted items.

2.3.Any goods that are not handled per the requirements posed by the administrative agencies including customs, in whole or in part.

2.4.Any goods which the Company believes cannot be shipped safely and legally (including but not limited to cash, securities, stamps, antiques, precious metals and minerals, animals, human bodies, pornography, drugs, liquid products, and goods in the form of white powders), imitated or counterfeit goods, weapons, explosives and dynamite, and anything of which the place of departure and destination are restricted by laws. The Company retains the right to determine them unilaterally.

3. Where the shipper violates laws, terms and conditions herein, or the following guarantees and thereby causes losses to the Company, the shipper shall bear the relevant damages, and the Company is entitled to refuse to ship the consignment:

3.1.The shipper guarantees that the contents of the shipping order are complete and accurate, including but not limited to the shipment information, declared value, and locations and contact Nos. of the shipper and recipient.

3.2.The shipper guarantees that the consignment is labeled completely, correctly and honestly, and also packaged properly (the shipper shall make sure independently to use the packaging suitable for shipment, contents packed, wrapped and padded or filled sufficiently and safely), and may apply to the safe shipment with ordinary due diligence.

3.3.The shipper guarantees that it is entitled to ship the consignment and that the contents thereof satisfy customs and export/import rules, and any other laws and regulations, and are free from any defects that infringe upon another person’s rights and intellectual property.

3.4.The shipper guarantees that the shipping order is executed by the shipper or the shipper’s duly authorized representative, and the Contract shall have a binding effect on the shipper.

4. Shipment and Delivery:

4.1.The shipper acknowledges and accepts all delivery routes defined by the Company, including any possible transit stations, or contracts the delivery to another carrier.

4.2.The consignment will be delivered to the recipient’s address provided by the shipper, but not necessarily served to the recipient per se directly. Where the recipient’s address refers to the recipient’s home address, the recipient’s security guard, cohabitant or equivalent shall be deemed as the recipient per se. Where the recipient’s address refers to any other address other than the recipient’s home address, the recipient’s security guard, co-workers or equivalent shall be deemed as the recipient per se. Where a centralized acceptance point is set up at the recipient’s address, the consignment will be delivered to the same point.

4.3.Unless otherwise specially agreed in writing, the Company doesn’t guarantee the delivery schedule for the consignment nor bear the liability for default derived from any delay.

4.4.Where both parties agree that the recipient shall pay the freight, the shipper is allowed to change the payer into the shipper per se before the delivery is completed and pay the Company the service charges at NT$100 per parcel delivered. The overdue delivery caused therefor, if any, shall be borne by the shipper solely, provided that where the recipient has paid the freight, the shipper has no right to change the payment method.

5. Inspection Rights

In response to any government agency’s requirement, or in order to complete the customs clearance safely or legally, the Company is entitled to unseal the consignment to conduct the inspection as required, without a prior notice to the shipper.

6. Fees and Liens:

6.1.The Company charges the freight subject to the actual weight or volume weight of the goods, whichever higher. For the consignment of which the volume is larger than 6,000 cubic centimeters per kg, its volume weight shall be calculated based on the following formula: Weight = Length X Width X Height/6000. In said formula, the length, width and height apply CM as the unit. Among the other things, the formula for calculation of volume weight adopted by SF Standard Express and SF Economy Express (International) services is Weight = Length X Width X Height/5000.

6.2.The shipper shall complete various documents independently (including but not limited to air/sea waybill, commercial invoices, HS CODE or other customs clearance documents) and guarantee that the information completed by him/her is true and correct, provided that where the information is incomplete, in order to facilitate the shipment successfully, the Company may (but is not obligated to) to complete the information on behalf of the shipper. The Company disclaims any legal liability toward the shipper or carrier with respect to the accuracy or completeness of the contents specified by it on behalf of the shipper. Where the Company uses the credit limit which it applies for with the competent customs, or advances the duty and tax on behalf of the recipient who has not registered an account with the Company, the Company is entitled to collect additional service charges therefor, and advance the related taxes per the related laws and regulations.

6.3.Where the shipper agrees that the recipient or a third party shall pay the freight or any other fees but the recipient or third party fails to do so, the shipper shall bear the fees incurred by the shipment and additional operational expenses, if any, including but not limited to round-trip freight, warehousing fees, SPP value, remote area service surcharge, out-of-pocket expenses, special storage fees, any other additional service charges incurred by the Company, and additional burden increased therefor, if any.

6.4.The fees paid by the Company on behalf of the shipper, recipient or a third party include without limitation to taxes or any other expenses, which shall be borne by the shipper. Irrelevant to the billing or payment method for the delivery, where the recipient or third party fails to make the payment, the shipper shall bear, and agree to pay, all expenses ultimately. Said fees shall be paid within 7 days upon receipt of the Company’s notice. Where the Company issues the invoice for billing in advance, unless otherwise proven separately, the invoice shall be deemed served duly upon expiration of three working days after the invoice date.

6.5.If there is any trouble in delivery of the consignment (including but not limited to unknown recipient, unknown location of the recipient, rejection, inability to accept, delay in acceptance, and litigation over the ownership of the right of acceptance), the Company will notify the shipper and handle the consignment per the shipper’s instruction. Any extra expenses derived therefor (including but not limited to the “original one-way trip freight,” “re-dispatch/return fees (the freight incurred by re-dispatch to the original one-way trip destination/return to the designated location freight),” “out-of-pocket expenses” and “additional service surcharges incurred by the Company”) shall be borne by the shipper.

6.6.Where the shipper fails to give the instruction upon receipt of said notice, it is impossible to practice the instruction in fact, the Company fails to contact the shipper, or the freight due to the Company or any other expenses spent by the Company pursuant to laws or contract is not paid, the Company is entitled to dispose of the consignment at its sole discretion (including but not limited to acquisition of the ownership thereof or disposal of the consignment as waste), or exercise the liens pursuant to laws. The expenses derived therefor shall be borne by the shipper, while the Company shall not bear any liability toward the shipper or any person as a result of said disposal.

7. Customs Clearance:

7.1.When the shipper consigns the goods to the Company, the shipper appoints the Company as his/her agent dedicated to handling the customs clearance matters on behalf of him/her, and proves that the Company is the consignee, in order to help the Company designate a customs broker to complete the customs clearance on behalf of him/her. Where, under certain circumstances, any government agency demands that the Company should provide additional documents to ensure that the Company is the designated agent, the shipper shall provide such documents and bear any loss caused by his/her failure to do so solely.

7.2.The shipper shall bear all expenses related to the consignment, including the freight, duties, and taxes estimated by the customs, government fines, taxes, and all expenses incurred by the Company therefor, including but not limited to attorney fees and legal expenses.

8. Disclaimer:

8.1.The Company shall not be liable for any loss or damage caused by any person by other than the Company, or due to circumstances not attributed to the Company, including but not limited to:

8.1.1.Natural disaster including earthquake, tornado, storm, flood and fog, and epidemic, government act or any force majeure that causes loss or delay of the consignment;

8.1.2.Losses caused by the inherent properties, inherent defects or reasonable wear and tear of the consignment itself (Irrelevant to whether the Company is aware of the same or not).

8.1.3.Act or omission of the Company’s employees, or any personnel without contractual relationship with the Company, shippers, recipients, third parties, customs or any other government agencies;

8.1.4.Losses caused by social movement events, strikes and criminal cases;

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

8.1.6.External packaging remaining intact (including but not limited to the original packaging which the Company cannot disassemble, together with a calibrated vibration detector), while internal parts are missing or damaged.

8.1.7.Loss caused by fire, explosion, mold, deterioration, discoloration and rust as a result of the nature of the consignment.

8.1.8.Loss caused by the shipping order with incorrect or incomplete information, or any circumstances attributed to the shipper/recipient, in whole or in part.

9. Limit of Liability and SPP Service:

9.1.The limit of liability to be borne by the Company shall be no more than US$20 per parcel delivered (if the consignment refers to documents) or US$100 per parcel delivered (if the consignment refers to cargo). Meanwhile, the declared value or the true value of goods (whichever is lower) shall be identified as the limit of liability. In the case of the options falling in the scope of the “SPP Service,” the liability to be borne by the carrier shall be no more than the SPP value as agreed.

9.2.Any consignment that satisfies the related laws, other than those rejected by the Company, may apply for the SPP service offered by the Company, and identify the declared value or the true value of goods (whichever is lower) as the amount to be declared. As of the date when the consignment may apply the SPP service, until the consignment is served to the recipient, the Company shall be liable for compensation for the loss, theft, or damage of the consignment, if any, in whole or in part, in proportion to the amount declared and the loss, provided that the compensation shall be no more than the amount declared.

9.3.The carrier shall pay the damages against the loss of and damage to the consignment, subject to the value of the consignment when the same is shipped and also to the degree of damage, insofar as the damages shall not exceed the Limit referred to in the preceding two paragraphs.

9.4.For any damage caused by overdue delivery, the compensation payable by the Company shall be no more than the freight charged for the consignment.

9.5.For the total damages caused by the loss of and damage to the consignment, and overdue delivery, the compensation payable by the carrier shall also not exceed the Limit referred to in Paragraph 1 of this provision.

9.6.The liability to be borne by the Company toward the shipper based on the Contract is limited to the direct loss that shall not exceed the Limit defined herein. The Company shall not be liable for any other losses or simple loss of economic interest (including but not limited to losses of profit, revenue, interest and future business), Irrelevant to whether the losses are special or indirect in nature or whether the Company is aware of the risk over the losses before or after acceptance of the express consignment.

9.7.The claim against damages to the consignment may be made no more than once. If you agree to the amount proposed by the Company, you have to waive the other claims, and the ownership thereof and the right to claim against a third party shall be transferred to the Company proportionally, after the payment of benefits. Where the shipper considers that the compensation requirements referred to herein cannot afford to cover the shipper’s losses, the shipper shall take out insurance for the consignment independently or subscribe for the SPP service from the Company (provided that the Company retains the right to review the subscription and approve provision of such service).

9.8.Any claim shall be made against the Company in writing within 30 days upon the Company’s acceptance of the consignment; otherwise, the Company will not bear any liability therefor.

10. Collection of personal data:

10.1.The Company will use the personal data provided by you (including name, ID card No., Tel. No., address and e-mail) only for the purposes of creating files for historical data of customer services, data statistical investigation and analysis, express delivery business and related cooperative business services.

10.2.During the necessary period for the above purposes, your personal data collected or processed in paper, electronic files or other appropriate methods in accordance with the current science and technology are limited to the scope of services provided by S.F. Group.

10.3.You may exercise your rights to (1) inquire or request for review (2) make duplications (3) request to supplement or correct (4) request to cease collection, processing and use, or delete personal information. If your rights are impaired due to your exercise of said rights, the Company shall not be liable for compensation.

10.4.The shipper undertakes to provide the Company with his/her personal data. The data subject has also read and agreed to said disclosed details. Where the shipper violates his/her undertaking, he/she is willing to bear any liability, in addition to the damages and losses caused to the Company therefor.

10.5.Should you have any questions about the request for review, supplementation or correction, please visit the Company’s official website at https://htm.sf-express.com/tw/tc/, or call 412-8830 (add “02” if you are calling on a mobile) to contact the Company.

11. In the event of any discrepancy between the terms and conditions of a shipping order placed via any channel and those in the Chinese or English version thereof, the terms and conditions in the Chinese version posted on the Company’s official website shall govern.