Detail
Terms and Conditions
FOR
INTERNATIONAL FREIGHT FORWARDING SERVICES
1.0 Commencement
i. These Terms and Conditions shall take effect on the date they are signed by the sender (hereinafter referred to as the “Client or User”).
ii. Where the Client delivers goods to the domestic transshipment warehouse in China operated by Fei Yue Express Company Limited (hereinafter referred to as the “Company”) and requests the Company to arrange shipment of those goods to Zambia, the Client shall be deemed to have accepted, and shall be bound by, these Terms and Conditions, whether or not a separate notice or signed copy has been provided.
2.0 Consolidation of Air and Sea Freight
i. Air-freight and sea-freight shipments may be transported as part of consolidated consignments together with goods belonging to other clients.
3.0 Prohibited and Restricted Goods
i. Unless the Company has given prior written approval and all applicable laws and carrier requirements have been satisfied, the Company shall not accept explosives, flammable materials, corrosive substances, radioactive materials, toxic substances, narcotic or psychotropic drugs, cash, unidentified white powders, batteries, power banks, counterfeit goods, cosmetics, make-up products, or any other goods prohibited or restricted in the country of origin, any transit country, or the destination country.
ii. A Client who conceals, misdescribes, or fails to disclose any prohibited or restricted goods shall be solely responsible for all resulting consequences and legal liabilities and shall indemnify the Company against all losses, penalties, claims, costs, and expenses arising from or in connection with those goods.
4.0 Freight Charges
i. Freight charges are calculated according to the applicable transport mode and the chargeable weight and/or volume of the goods, and not according to their value. Any liability of the Company for loss of or damage to goods shall be determined exclusively in accordance with Clause 14 of these Terms and Conditions.
5.0 Client’s Disclosure Obligations
i. The Client shall fully and accurately disclose the nature, description, quantity, and value of all goods entrusted to the Company and shall provide a complete and legible packing list, together with the sender’s contact details, the recipient’s full name, telephone number and email address, the destination country, and the complete delivery or collection address.
6.0 Packaging and Protective Measures
i. To ensure safe transportation, the Client shall package and protect the goods appropriately, taking into account their nature and condition, particularly in the case of fragile goods.
ii. Appropriate protective measures may include, without limitation, the use of wooden crates, reinforced cartons, cushioning materials, waterproof wrapping, or other suitable protective packaging.
iii. The Company shall not be liable for damage to fragile or inadequately packaged goods to the extent that such damage results from the Client’s failure to comply with this Clause.
7.0 Delivery and Collection
i. Unless otherwise agreed in writing, the Company does not provide door-to-door delivery. Goods shall therefore be collected from the Company’s destination warehouse or another collection point designated by the Company.
ii. At the Client’s request, the Company may arrange delivery to another location through a third-party service provider. All resulting delivery and related charges shall be borne by the Client and may be invoiced separately or added to the freight charges.
8.0 Disposal of Uncollected Goods
i. Goods arriving at the Company’s warehouse in Zambia shall be held and stored subject to applicable Zambian law, including, to the extent applicable, the Disposal of Uncollected Goods Act, Chapter 410 of the Laws of Zambia (hereinafter referred to as the “Act”), as amended or replaced from time to time.
ii. Subject to all notices, procedures, and other requirements prescribed by applicable law, including the Act where applicable, the Company may sell or otherwise dispose of goods that are available for collection where the applicable freight and other charges remain unpaid and the recipient has failed to collect the goods within six (6) months after their arrival at the warehouse. Sale or disposal shall not prejudice the Company’s right to recover any outstanding balance, costs, or expenses.
9.0 Storage and Handling Charges
i.The storage free period of China warehouse is 21 days, and if it exceeds 21 days, it will charge $0.02 / KG / day;
ii.. Goods arriving at the Company’s warehouse in Zambia must be collected within the applicable free storage period. The free storage period shall be fourteen (14) days for air freight and twenty-eight (28) days for sea freight, calculated from the date of arrival at the destination warehouse. If the goods remain uncollected after the applicable free storage period expires, a storage fee equal to 0.5% of the total freight charges shall accrue for each additional day until the goods are collected or otherwise disposed of in accordance with Clause 8.
iii. Where goods cannot be collected, are refused or returned by the recipient, or require additional handling, all storage, handling, return, and related expenses incurred by the Company shall be borne by the Client or the sender.
10.0 Payment Methods and Currency
i. The Company accepts payment by bank transfer, cheque, mobile money, cash, or any other payment method approved by the Company.
ii. The Company’s charges are denominated in United States dollars (USD). Where payment is made in another currency, the amount payable shall be converted at the exchange rate applied by the Company’s bank or payment service provider on the date of payment, together with any applicable conversion or transaction charges.
11.0 Exclusions of Liability
i. To the fullest extent permitted by applicable law, the Company shall not be liable for loss, damage, delay, or expense to the extent caused by:
a) the inherent nature or condition of the goods, ordinary leakage, loss in weight or volume, or reasonable wear and tear;
b) force majeure or events beyond the Company’s reasonable control, including natural disasters, aviation or maritime accidents, fire, war, civil unrest, strikes, or interruption of transport services;
c) any act, omission, negligence, misstatement, or instruction of the Client, sender, recipient, owner, or their respective representatives;
d) traffic controls, carrier delays, security inspections, customs examinations or clearance procedures, or any act or omission of a governmental or regulatory authority; or
e) the tender, concealment, or misdescription of prohibited or restricted goods.
12.0 Recipient’s Obligations
i. The recipient shall inspect the goods and their packaging at the time of collection and shall record any visible loss or damage on the collection receipt or other delivery record before leaving the warehouse.
ii. The Company shall not be responsible for claims relating to visible loss or damage that were not recorded at the time of collection. All claims, including claims for concealed loss or damage, remain subject to the notification period and documentation requirements in Clause 16.
13.0 Cargo Insurance
i. Cargo insurance shall be arranged only where agreed by the Company, subject to the insurer’s terms, conditions, exclusions, and premium requirements. The Client remains responsible for requesting appropriate insurance cover and accurately declaring the value and nature of the goods.
14.0 Compensation Policy and Limitation of Liability
i. This Clause sets out the Company’s compensation policy and shall bind the Company, the Client, the sender, the recipient, and any other person claiming an interest in the goods.
ii. Where uninsured goods are lost or damaged as a direct result of the Company’s proven fault, compensation shall not be based on the value of the goods and shall be limited to a maximum of two (2) times the freight charges paid to the Company for the affected goods.
iii. Where insured goods are lost or damaged as a direct result of the Company’s proven fault, compensation shall be assessed according to the lower of the properly declared value and the actual value of the goods, adjusted in proportion to the proven loss and subject to the applicable insurance terms.
iv. If the declared value exceeds the actual value, compensation shall be calculated using the actual value. In all cases, and to the extent permitted by applicable law, the Company’s liability shall not exceed three (3) times the charges paid to the Company for the affected goods, unless a higher amount is expressly recoverable under an applicable cargo insurance policy.
v. Where loss or damage is caused by a shipping line, airline, road carrier, trailer operator, or other third party, the Company may pursue a claim against that third party on behalf of the affected parties. Any amount recovered in respect of consolidated cargo shall be allocated among affected clients in proportion to the freight charges attributable to their respective goods, after deduction of reasonable recovery costs.
15.0 Sensitive Goods and Motor Vehicles
i. Before tendering sensitive goods, the Client shall obtain confirmation from the Company’s receiving personnel and comply with any special packing, documentation, handling, or routing instructions. If the Client fails to do so, the Company may handle the goods as ordinary cargo and shall not be liable for resulting loss or damage.
ii. The Company does not ordinarily accept motorcycles, cars, or other motor vehicles for transportation. Where the Company exceptionally agrees in writing to accept such goods, the Client must make all required payments to the Company’s Guangzhou warehouse in advance. If payment is not made as required, the Company shall not be obliged to provide any customs-clearance or vehicle-registration certificate at the destination.
16.0 Intellectual Property, Regulatory Action, and Claims
i. Where goods infringe intellectual property rights or are prohibited or restricted in the country of origin, a transit country, or the destination country, the Client shall bear all loss, delay, seizure, detention, forfeiture, destruction, confusion of cargo, penalties, and costs arising from customs inspection or intervention by any authority.
ii. In the case of consolidated cargo, the owner of the infringing, prohibited, or restricted goods shall be responsible for any loss, damage, delay, cost, or liability caused to the Company, the consolidated consignment, or other clients. Any compensation payable by the Company to other affected clients shall be determined in accordance with Clause 14.
iii. A claimant shall provide valid identification, relevant sender and recipient documents, a detailed list of the goods, proof of the declared and actual value, evidence of loss or damage, and any other information reasonably required by the Company. Claims shall also comply with the Company’s applicable Claim Rules.
iv. Written notice of any claim must be submitted to the Company within fourteen (14) days after the loss, damage, or delay was discovered or reasonably should have been discovered. No claim may be brought after the expiry of that period, subject to any mandatory provision of applicable law.
17.0 Shipping Instructions
i. The Client shall truthfully declare the quantity, description, and value of the goods and shall provide an accurate packing list and complete information for the sender and recipient, including names, telephone numbers, the destination country, and the detailed delivery or collection address.
ii. The sender shall take all reasonable measures to protect the goods against loss or damage during transportation, particularly where the goods are fragile. The Company’s liability for any loss or damage remains subject to Clauses 6, 11, and 14.
18.0 Governing Law
i. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Zambia. If any provision conflicts with a mandatory provision of Zambian law, the mandatory provision shall prevail and the remaining provisions shall continue in full force and effect.
19.0 Dispute Resolution
i. The parties shall use their best efforts to resolve amicably, through direct good-faith negotiations, any dispute arising out of or in connection with these Terms and Conditions.
ii. If the dispute has not been resolved within thirty (30) days after written notice of the dispute, either party may refer it to arbitration in accordance with the Arbitration Act No. 19 of 2000 of Zambia, as amended or replaced from time to time.
iii. The dispute shall be determined by a sole arbitrator jointly appointed by the parties. The seat of arbitration shall be Lusaka, Zambia. If the parties fail to appoint an arbitrator within thirty (30) days after the dispute is referred to arbitration, either party may request the Chartered Institute of Arbitrators, Zambia Branch, to appoint the arbitrator. The arbitration shall be conducted in English. Unless otherwise determined in the arbitral award, the parties shall bear the arbitration fees equally.
20.0 Meaning of “Company”
i. In these Terms and Conditions, “Company” means Guangzhou Fei Yue Express Company Limited (name of Chinese entity) and __________________________ (Clients or User ), each acting in its respective capacity in connection with the services it performs. A reference to the Company shall apply to the entity responsible for the relevant service and, where the context permits, to its authorised affiliates, agents, and subcontractors. Nothing in these Terms and Conditions shall be construed as creating a partnership or joint venture between the named entities.
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