HTH TERMS & CONDITIONS
HTH STANDARD TERMS AND CONDITIONS
These Standard Terms and Conditions supersede all previous Standard Terms and Conditions and other prior statements concerning the conditions of the HTH TRANSPORT SDN BHD service. HTH TRANSPORT SDN BHD reserves the right, from time to time, in writing to modify, amend the rates, features of service, products and these Standard Terms and
Conditions without notice, but no agent or employee of HTH TRANSPORT SDN BHD nor any other person or party is authorized to do so. Any conflict between these Standard Terms and Conditions and other written or oral statement concerning the rates, features of service, conditions and terms regarding importation and customs clearance of shipments will
be controlled by these Standard Terms and Conditions, as modified, amended by HTH TRANSPORT SDN BHD from time to time.
“Shipment” means all packages which are tendered to HTH TRANSPORT SDN BHD and accepted by HTH TRANSPORT SDN BHD on a single Truck Waybill; that travel which may be carried by any means HTH TRANSPORTATION SDN BHD chooses including sea, road or any other carrier.
“Delivery Order (DO)” means any shipping document or consignment note and shall incorporate these Terms and Conditions. In this DO, this is a non-negotiable document.
“HTH” refers to HTH TRANSPORT SDN BHD (455420-T), its related corporations, its subsidiaries, branches, employees, directors, agents, affiliates, contractors and any of their respective employees and agents.
“Customer” refers to the shipper, its employees, principals and/or agents and/or consignees and/or receivers.
“Consignee” means the person to whom a shipment is being sent and whose name is to be listed on the DO as the recipient;
“You” and “Your” include the sender/shipper, recipient/consignee and their agents, servants and employees and any other person or entity having or claiming an interest in a shipment.
“Package” means any container that is accepted by HTH TRANSPORT SDN BHD, including any such items tendered by you utilizing HTH TRANSPORT SDN BHD’s customer automation, manifests or thermal DO;
“Sender” means the person with whom the shipment originates, whose name is listed on the DO as the sender;
“Transportation Charges” means amounts assessed for the movement of a shipment and does not include any other fees or charges which may be assessed under these Standard Terms and Conditions, including, but not limited to, processing or clearance fees, declared carriage value charges, customs duties and taxes and surcharges.
Customer, upon tender of any Shipment to HTH for Carriage irrevocably agrees and accepts to the conditions herein on the Customer’s behalf and on behalf of anyone else with an inerest in the Shipment, regardless of whether the Customer signs the ‘Acknowledged by Sender’ column at the front of this DO. HTH shall not be bound by any warranty, condition,
statement, representation, promise or agreement purporting to vary the conditions herein (whether to be expressed or implied by law, custom or otherwise) nor shall the same form a contract collateral to the conditions herein. The Customer irrevocably warrants that the Customer is the actual, legal or proprietary owner of any Shipment that is tendered to HTH for
carriage. Customer irrevocably agrees and accepts the conditions herein not only for itself but also as agent for and on behalf of any person who may have interests in the Shipment and shall be deemed to have read and be bound by all the conditions in this DO or in any other agreement entered into between HTH and the Customer covering the Shipment. In the event
of any discrepancy between the documents, the following documents shall be read in the following order of priority: (i) Service Agreement (ii) HTH Standard Terms and Conditions (iii) FMFF Standard Trading Condition.
If a recipient’s address is found to be incomplete or incorrect, HTH may attempt to find the correct address and complete the delivery. HTH assumes no responsibility for its inability to complete delivery. Incorrect postal codes, omitted apartment numbers and former street addresses for recipients who have relocated are examples of addresses requiring corrections. A special handling fee may be assessed for each correction made. If the correct address cannot be determined or if the recipient cannot be reached, HTH will attempt to contact the sender for instructions. HTH will not be liable for failing to meet its delivery commitment time if the address is incomplete or incorrect.
HTH shall reserve its right to refuse carriage of any Shipment or class of Shipment at its absolute discretion. HTH shall carry the Customer’s Shipment by any means, route, procedure, form of handling, form of storage, transportation method, carrier or successive carrier as it deems fit at its sole discretion. HTH shall be entitled to subcontract on any terms the whole or any part of the Shipment, loading, unloading, storing, warehousing, handling and any and all duties whatsoever undertaken by HTH in relation to the Shipment and the Customer irrevocably authorize HTH to enter into such subcontract as agents on behalf of the Customer. HTH or any Person authorized by HTH shall be entitled, but under no obligation, to open and/or scan any Shipment at any time and to inspect the contents. If it appears at any time that the Shipment cannot safely or properly be carried, or carried further, either at all or without incurring any additional expense or taking measures in relation to the Shipment, HTH may without notice to the Customer take any measures and/or incur any reasonable additional expense to carry or continue the Shipment thereof, and/or to sell or dispose of the Shipment and/or to abandon the Shipment and/or to store the Shipment, under cover or in the open, at any place, whichever the Shipment in his absolute discretion considers most appropriate, which sale, disposal, abandonment or storage shall be deemed to constitute due delivery under this DO. The Customer shall indemnify HTH against any reasonable additional expense so incurred. HTH in exercising the liberties contained in this clause shall not be under any obligation to take any particular measures and shall not be liable for any loss, delay or damage howsoever arising from any action or lack of action under this clause. HTH does not warrant that any Shipment tendered by the Customer of its capability of carriage to designated destination without infringing the law of any country or state from, to or through the Shipment may be carried. HTH will endeavor to deliver the Shipment in accordance with the usual delivery schedule and is not obliged to deliver the Shipment within any time limit. HTH shall not be liable for any damage or loss howsoever caused by delays in delivering the Shipment. HTH‘s only responsibility under this DO is to deliver the Shipment to the address stated in this DO subject to the terms and conditions stated herein.
Invoices for transportation charges are payable by cash unless special agreement been arranged. Invoices for duties and taxes, processing and clearance fees are payable upfront or upon delivery. “Bill sender” means that the charges (which may include duties and taxes, processing and clearance fees) will be billed to the sender. “Bill recipient” means that the charges (which may include duties and taxes, processing and clearance fees) will be billed to the recipient. The sender is always ultimately liable for all charges and fees relating to a shipment, including, but not limited to, any duties or taxes or processing and clearance fees which HTH advances, regardless of any payment instructions to the contrary. If a recipient from
whom reimbursement confirmation is requested refuses to pay the duties and taxes assessed for customs clearance processing or other processing or clearance fees, HTH may contact the sender, who may elect to pay such amounts. If the sender refuses to make satisfactory arrangements to reimburse HTH, the shipment may be returned to the sender or placed into general order warehouse or a customs bonded warehouse. The sender will then be responsible for payment of the original transportation charges, the return charges and any warehousing charges. If HTH advanced any duties and taxes, processing and clearance fees at either the original destination or at the sender’s location, the sender shall also be liable for such amounts. Shipments may be delayed if HTH is not able to obtain satisfactory confirmation of arrangements to reimburse it for amounts to be advanced for duties and taxes,processing and clearance fees. HTH has no liability in respect of these delays and they are not service failures. Invoice Adjustments/Overcharges. HTH reserves the right to audit DO
and shipments made via an automated device to verify service selection and package weight. If the service selected or weight is incorrect, HTH may make appropriate adjustments to the invoice at any time. Senders are responsible for accurately completing all sections of the DO and for the entry of accurate shipment information into any automated device. The
number of packages and the weight of each package are critical to enable HTH to correctly invoice you. Any error or omission will result in HTH using its best estimate of the number of packages tendered and a standard “default” weight determined (and periodically adjusted) at HTH’s discretion. Requests to adjust overcharging or requests for refunds because
multiple payments were made in error must be received within six (6) months following the original date the shipment is tendered if the overcharging was caused by HTH. Requests to adjust for overcharges and requests for refunds must be received within sixty (60) calendar days after the original invoice date if you have caused the error. HTH is not obliged to make adjustments if requests are not received within these periods. Refunds for overpayments of transportation charges will not be issued when your HTH account is more than sixty (60) calendar days past due but rather the amounts overpaid will be applied against any invoices more than sixty (60) calendar days past due.
HTH may deliver a Shipment to the receiver named on this DO or to any other person appearing to have authority to accept delivery of the Shipment on the customer’s behalf.
HTH does not warrant that the Shipment will be handled delicately and the Customer shall expect rough handling of the Shipment throughout the passage. The Customer shall produce adequate and legibly designated address for each Shipment to enable effective delivery to be made otherwise HTH shall be entitled to deal or dispose of any such undelivered Shipment as HTH deems fit. The Customer shall comply with all applicable laws, rules and regulations, including but not limited to governmental regulations and laws of any country to, from,through or over the Shipment may be carried. If at any time the Carriage is or is likely to be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind (including the condition of the Shipment), whenever and howsoever arising (whether or not the Carriage has commenced) HTH may without notice to the Customer abandon the Carriage of the Shipment and where reasonably possible place the Shipment or any part of them at the Customer’s disposal at any place which HTH may deem safe and convenient, whereupon
delivery shall be deemed to have been made and the responsibility of HTH in respect of such Shipment shall cease.
In any event HTH shall be entitled to full Charges on Shipment
received for Carriage and the Customer shall pay any additional costs resulting from the above mentioned circumstances.
The marking, labeling and packaging of any Shipment shall be the Customer’s sole responsibility. The description and particulars of the Shipment set out on the face of this DO are furnished by the Customer and the Customer warrants to HTH that the description and particulars including, but not limited to, weight, content, measure, quantity, quality, condition, marks, numbers and value are correct. The Customer shall comply with all applicable laws, regulations and requirements of customs, port and other authorities and shall bear and pay all duties, taxes, fines, imposts, expenses and losses incurred or suffered by reason thereof or by reason of any illegal, incorrect or insufficient marking, numbering or addressing of the Shipment. The Customer undertakes that the Shipment is packed in a manner adequate to withstand the ordinary risks of Carriage having regard to their nature and in compliance with all laws, regulations and requirements which may be applicable. No Shipment which are or may become dangerous, inflammable, damaging, injurious (including radioactive materials), noxious or which are or may become liable to damage any property or Person whatsoever shall be tendered to HTH for Carriage without HTHs express consent in writing and the Container and/or other covering in which the Shipment is to be transported and/or the Shipment itself being distinctly marked on the outside so as to indicate the nature and character of any such Shipment and so as to comply with all applicable laws, regulations and/or requirements. If any such Shipment are delivered to HTH without such written consent and/or marking or if in the opinion of HTH the Shipment are or are liable to become dangerous, inflammable and/or damaging in nature, the same may at any time be unloaded, destroyed, disposed of, abandoned, or rendered harmless without compensation to the Customer and without prejudice to HTH’s right to additional charges incurred by HTH from the Customer. Whether or not the Customer was aware of the nature of the Shipment, the Customer shall indemnify the Carrier against all claims, losses, damages or expenses arising in consequence of the Carriage of such Shipment.
HTH must receive your notice of a claim due to damage (visible or concealed), delay (including spoilage claims) or shortage within fourteen (14) calendar days after delivery of the shipment.
You may telephone Customer Service to report your claim, but you must still give HTH written notice of your claim within the time limits referred to above written documentation of all claims must be delivered to HTH within six (6) calendar months after HTH accepts the shipment. Such documentation may include original purchase invoices, estimates or invoices for repair, expense statements, appraisals, survey reports, copies of DO, commercial invoices, or other documents. HTH is not obliged to act on any claim until all charges have been paid. The claim amount may not be deducted from charges which are due and payable. The original shipping cartons, packing and contents must be made available for HTH’s inspection and retained until the claim is concluded. With the exception of concealed damage referred to in paragraph above, receipt of the shipment by the recipient without written notice of damage on the delivery receipt is prima facie evidence that the shipment was delivered in good condition. HTH does not consider shock watch, tilt meter or temperature meter gauge results in evaluating damage claims. The right to damages against HTH under any cause of action arising from the transportation of packages pursuant to
these Standard Terms and Conditions shall be extinguished. HTH shall not be liable for any claims if the time limits set out in the Standard Terms and Conditions are not met.
All shipments which cross international borders may need to be cleared through customs in the origin country and must be cleared by customs and perhaps other regulatory agencies in the destination country prior to delivery. When shipments are held by customs or other agencies as a result of incorrect or missing documentation, HTH may attempt first to notify the Recipient. If local law requires that the correct information or documentation be submitted by the recipient and the recipient fails to do so within a reasonable time, as determined by HTH, the shipment
may be considered undeliverable. If the recipient fails to supply the required information or documentation and local law allows the sender to provide the same, HTH may attempt to notify the sender.
If the sender fails to provide the information or documentation within such reasonable time as HTH may determine, the shipment will be considered undeliverable. HTH assumes no responsibility for customs clearance delays or for being unable to deliver a shipment as a result of incorrect or missing documentation, whether or not HTH attempts to notify the recipient or
sender of the errors. Certain shipments to certain countries must be cleared through customs by the recipient. In such cases, customs paperwork will be delivered to the recipient and delivery of the paperwork shall be deemed to be delivery of the shipment by HTH. HTH assumes no liability or responsibility for its inability or failure to complete delivery or for a delay due to acts or omissions of customs or other agencies. Sender is responsible for making sure goods shipped internationally are acceptable for entry into the destination country and for all charges for shipments to and returned from countries if entry is not permitted by customs.
No liability and/or limited liability
Every Shipment is transported on a limited liability basis on the terms stated herein. HTH’s liability is strictly limited to direct loss and damage only. If the customer requires greater protection, HTH can arrange insurance for Customer covering the actual cash value in respect of loss of or physical damage to the Shipment provided the Customer requests it via HTH and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delay. Where any national laws implementing or adopting these conventions apply or where other mandatory national law applies, the liability of HTH is governed by and will be limited according to the applicable rules. Where convention, regulations, rules or other mandatory national laws do not apply to the carriage of the Shipment under this DO, HTH will only be liable if loss, damage, delay, shortage, mis-delivery, non-delivery, misinformation or failure to provide information in connection with the Customer’s Shipment, is proven to be resulted from the acts or omissions of the management of HTH committed with the intent to cause such loss or recklessly and with knowledge that such loss would probably result and HTH’s total liability under any circumstances whatsoever shall not exceed RM50.00
per Shipment or the cost of replacement, whichever is lower, unless a higher value has been declared in which case the Shipment shall be insured by the customer and the customers’ sole remedy shall be from the proceeds of the insurance policy. In the event the Shipment is insured by the customer, the customer shall name HTH as the co-assured and shall waive all rights of subrogation under the insurance policy against HTH. If the customer fails to procure such insurance policies naming HTH as co-assured and/or waive all rights of subrogation under the insurance policy against HTH, the customer shall indemnify, defend and hold HTH harmless against all the consequences of having failed to comply with the provisions of this paragraph.
HTH SHALL NOT BE LIABLE, INCLUDING BUT NOT LIMITED TO, IN CONTRACT, TORT, EQUITY, NEGLIGENCE AND STRICT LIABILITY FOR ANY LOSS OF INCOME,
LOSS OF MARKET, LOSS OF PROFIT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT LOSS OR DAMAGE WHATSOVER AND HOWSOEVER CAUSED WHETHER
HTH KNEW OR OUGHT TO HAVE KNOWN OF THE VALUE OF ANY SHIPMENT AND / OR SUCH LOSS AND/OR DAMAGE MIGHT OCCUR.
HTH shall be liable for loss sustained by the customer due to damage or loss of the documents or goods whilst in HTH custody provided that such loss or damage was due to the negligence of HTH, it servants or agents, save as aforesaid HTH shall be under no liability in respect of the goods carried by it and in particular shall not be liable for consequential loss however arising.
The parties agree that consequential loss shall be deemed to include without restriction commercial, financial or other direct loss including loss of interest, profit, markets and utility. HTH shall not be liable for any loss of damage incurred by the customer due to any delay in the carriage of delivery of documents or goods which are beyond the control of HTH or any loss or damage as a result of Act of God or any force majeure occurrence. The liability of HTH shall be limited to the payment by HTH by way of damages of a sum not exceeding RM50 or it equivalent per
consignment of the value of consigned goods or documents whichever is lesser. For the purpose of establishing the amount of HTH liability under this clause value of a document of the goods shall be ascertained by reference to their replacement or constitution value at the time and place of shipment without reference to their commercial utility to the customer and other items of consequential loss.
HTH shall not be liable for the Customer’s failure to comply with the conditions herein or resulting from Customer’s acts, negligence, default, misconduct or omission, including but not limited to inaccurate description of any Shipment; inadequate or inappropriate packaging, securing, marking or addressing of any Shipment; or for the act, default, negligence, misconduct, omission, violation of any conditions herein of the recipient or any one who has interests in the Shipment. HTH shall not be liable for any loss, damage, delay, shortage, mis-delivery, non delivery, mis-information, or failure to provide information in connection with the items stated under the heading of ‘Items Not Acceptable for Carriage’.
HTH shall not be liable for any loss, damage, delay, shortage, mis-delivery, non delivery, misinformation or failure to provide information in connection with Customer’s Shipment which is (a) beyond the reasonable control of the management of HTH; (b) resulting from of Acts of God and (c) by the occurrence of a force majeure event including but not limited to 1) severe weather, 2) fire and flood ; (3) war, rebellion, sabotage, riot, terrorism; (4) strike or industrial dispute of whatsoever nature; (5) act or omission of local or overseas public authority and changes in applicable law; (6) disruption of air or ground network; (7) mechanical problems to modes of transportation / machinery or material shortage (i.e. fuel and electricity).
HTH shall not be liable for any losses and damages caused by any fraud, willful acts, reckless acts, acts, omissions, gross negligence of any person (including its employees, servants, agents, affiliates, contractors, their agents and their respective employees / agents) and shall not be vicariously liable for any such action or omission for which the management of HTH has exercise reasonable diligence.
Any Service Fee quoted by HTH includes local airport tax but shall exclude service tax, value added tax and any other applicable tax, duty and expenses as may be imposed by any local or foreign customs or similar authority in respect of the carriage of the Customer’s Shipment. If the Customer gives different instructions on methods of payment, the Customer shall be primarily liable for any duty, tax (including pre-payment of the same), surcharge, fine, legal costs (on solicitor-and-client basis) or loss suffered by HTH.
Customer irrevocably agrees to indemnify, defend, release and hold harmless HTH as against any and all liabilities, claims, demands, suits, judgments, damages, losses, costs and legal fee (on a solicitor and client basis) in connection therewith or incident thereto, arising out of Customer’s failure to comply with the conditions herein or resulting from Customer’s negligence, acts, defaults, misconduct or omissions or the Customer’s errors in the declaration of the Shipment or the provision of erroneous information relating to the Shipment or non-declaration of the
dangerous nature of the Shipment and/or the failure of the customer to comply with all applicable import, export , customs and other laws and regulations which apply to the Shipment.
Items not acceptable for Carriage
HTH shall not carry the following items (or any item which contains any element thereof) (a) dangerous, hazardous, combustible, radioactive, explosive, corrosive, biohazard, inhalation hazard, perishables, poisonous gases, prohibited drugs; (b) any form of gold, silver, jewelers, precious or semi-precious item (i.e. diamond, antique, artwork and etc), personal control documents (i.e. passport, identity card, birth certificate, credit card); (c) currency (note or coin) of any nationality or negotiable instrument equivalent to cash (i.e. endorsed stock, bond, cheque), livestock, plant and any item that is prohibited by local or (any) foreign law. Should the Customer tender for Shipment any items as aforesaid with HTH, the Customer shall indemnify and keep HTH harmless against any claim, loss, damage, including legal cost (on a solicitor-and-client basis) in connection therewith. HTH shall be vested with the right to deal with such Shipment in any manner as it deems fit, including the right to abandon and destroy the Shipment. HTH shall exclude its liability howsoever arising from such Shipment accepted by mistake on the part of HTH.
HTH shall have a lien on the Shipment relating thereto for all sums whatsoever due at any time to HTH under this contract. HTH shall also have a lien against the Customer on the Shipment relating thereto for all sums due from the Customer to HTH under any other contract. HTH may exercise their lien at any time and at any place in their sole discretion, whether the contractual Carriage is completed or not. In any event any lien shall (a) survive the delivery of the Shipment and (b) extend to cover the cost of recovering any sums due and for that purpose HTH shall have the right to sell the Shipment by public auction or private treaty, without notice to the Customer and at the Customer’s expense and without any liability towards the Customer.
Storage Charges and Inspection of Shipments
A storage charge may be applied to any shipment that is unclaimed or otherwise left in a HTH location for more than forty-eight (48) hours. Following notice to the recipient or designated broker of the shipment’s availability or of additional documentation required for regulatory clearances. HTH may, at its option, open and inspect any shipment at any time. Governmental authorities may also open and inspect any shipment at any time.
If a shipment is undeliverable for any reason, HTH may attempt to notify the sender to arrange for the return of the shipment, if local customs regulations permit this. If the sender cannot be contacted within five (5) business days, HTH may place the shipment in a general order warehouse or a customs bonded warehouse or dispose of the shipment. In any event, if a package cannot be delivered or returned, the package may be transferred or disposed of by HTH in its discretion and at any location. Shipper, if known, agrees to pay any costs incurred. For shipments returned to the origin, return charges and fees (including processing and clearance fees) will be assessed to the original shipper, along with the original charges and fees (including processing and clearance fees). Also included will be any other charges incurred by HTH, including, but not limited to, duties, taxes and storage fees, if applicable. For returned shipments containing
dangerous goods, shipper must supply a completed return DO and all other required documents. Shipments that cannot be returned due to local regulatory constraints will either be placed in a general order warehouse or a customs bonded warehouse or disposed of at HTH’s sole discretion and at any location. Shipper agrees to pay any costs incurred by HTH in such placement or disposal.
Duties and Taxes, Processing and Clearance Fees
In order to facilitate and complete clearance of certain items through customs, HTH may be required to advance on your behalf certain duties and taxes as assessed by customs and also incur certain processing and clearance fees. HTH may contact the recipient before customs clearance is complete to confirm the arrangements for reimbursement of amounts to be advanced. At HTH’s sole discretion, HTH may require confirmation of reimbursement arrangements as a condition to completion of clearance and delivery in the event that, for example, recipients are not
considered creditworthy by HTH or the shipments has substantial declared values. In the event HTH advances duties and taxes and/or processing and clearance fees on behalf of the payor, the payor may be assessed a surcharge based on a flat rate or percentage of the total amount advanced. This surcharge may vary. In the event that the duties and taxes and/or processing and clearance fees assessed on a shipment are disputed by the payor, HTH or its designated broker may review the shipping documents tendered with the shipment. If, after such review, HTH determines that the duties and taxes and/or ceasing and clearance fees were properly assessed, the shipper agrees to pay the duties and taxes and/or processing and clearance fees so assessed.
This service will be provided upon request, at no additional charge. However, if delivery of a shipment to a residential address (including a residence used as an office) cannot be completed on the initial delivery attempt, HTH will at its sole option, either reattempt delivery, and/or hold the shipment at HTH’s facility until positive contact can be made with the recipient to establish further delivery instructions.
After three (3) attempts to deliver and/or three (3) attempts to notify the recipient, or five (5) business days from the date of shipment, whichever occurs first, the shipment will be considered undeliverable (see “Undeliverable Shipments”).
HTH makes no warranties, express or implied, and expressly disclaims any and all warranties.
If any condition herein is held to be illegal under present or future law, such provision shall be fully severable and nothing of such shall affect the validity of this entire Agreement. The Standard Terms and Conditions of Carriage shall be governed by Malaysian Laws and shall be subject to the exclusive jurisdiction of the Malaysian Courts unless the Shipment is presented to HTH at a place outside the jurisdiction of the Malaysian courts in which case the laws of the country where the Shipment is presented to HTH shall be the governing law and the courts of the country where the Shipment is presented to HTH shall have jurisdiction.