Kerry Express (Hong Kong) Limited Trading as Kerry Express (hereinafter called“Kerry Express”)
THE RULES RELATING TO LIABILITY ESTABLISHED BY THE WARSAW CONVENTION AND ANY AMENDMENTS THERETO SHALL APPLY TO THE INTERNATIONAL CARRIAGE OF ANY SHIPMENT HEREUNDER INSOFAR AS THE SAME IS GOVERNED THEREBY.
Kerry Express may engage subcontractors to perform services and contracts, each of the subcontractors shall have the benefit of these terms. No such subcontractor has the authority to waive or vary any of these terms. All packages covered under a single Kerry Express Waybill/consignment note (the " Kerry Express Waybill") shall be considered as a single shipment. A shipment may be carried via any intermediate stopping places as Kerry Express deems appropriate. Unless otherwise agreed in writing prior to the tender of the shipment, the service to be provided by Kerry Express is limited to the pickup, transportation, customs clearance (where applicable) and delivery of the shipment. The shipper acknowledges that shipments may be consolidated with those of other shippers for transport and that Kerry Express may not monitor the inbound and outbound movement of individual shipments outside Hong Kong.
1) Commodities Handled and Restrictions on Service
Kerry Express offers transportation of general commodities, as usually defined, subject to the following restrictions:
The shipper shall be responsible for the accuracy and completeness of the particulars inserted in the Waybill and for ensuring that all packages set out adequate contact details of the shipper and receiver of the package clearly and all packages are properly packed, marked and labeled and their contents are described and classified and are accompanied by the documentation as may (in each case) be necessary to make them suitable for transportation and to comply with the requirements of this Terms and Conditions of Service and applicable law.
2) Deliveries & Undeliverable Packages
If Shipments are refused by the consignee, or which for any other reason cannot be delivered, Kerry Express will attempt to contact the shipper for further instructions. Shipments are delivered to the Consignee’s address given by Shipper (which in the case of mail services Shipments shall be deemed to be delivered if Shipments are delivered to the receiving postal company or agent) but not necessarily to the named Consignee personally. Kerry Express may use an electronic device to obtain proof of delivery and the shipper agrees that it will not object to Kerry Express relying on a printed copy generated by the electronic device as evidence merely on the grounds that the information concerned is obtained and stored in electronic form. Shipments to addresses with a central receiving area will be delivered to that area. If Consignee refuses delivery or to pay for delivery, or the Shipment is deemed to be unsuitable for transportation, or Consignee cannot be reasonably identified or located, Kerry Express shall use reasonable efforts to return the Shipment to Shipper provided that the Shipper shall be responsible for payment of all charges incurred by Kerry Express in connection with returning of such Shipment to Shipper, including but not limited to, all charges for forwarding, disposal, or transportation charges for returning the Shipment to Shipper, as well as any other additional charges, as well as any duty and tax, if applicable. If Kerry Express is unable to return the Shipment to the Shipper, the Shipment may be released, disposed or sold by Kerry Express without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against service charges, related administrative costs, handling charges and duty and tax (if applicable) and the balance of the proceeds of a sale to be returned to Shipper.
3) Refusal and Suspension of Service
Kerry Express shall not be liable or responsible for the loss or damage of any package, which contains goods that Kerry Express is not authorized to accept, or that Kerry Express states it will not accept, or that Kerry Express has a right to refuse. If Kerry Express suspends service in accordance with the terms and conditions herein contained, the payer of any transportation charges shall not be entitled to a refund. Acceptance for carriage of any package or shipment that Kerry Express does not accept for transportation or which shippers are prohibited from shipping, does not constitute a waiver of any provisions of these terms or the terms set forth in the Rate and Service Guide.
4) Dimensions
Calculation of Volumetric Weigh will be based on IATA (International Air Transport Association) volumetric weight standard :(length x width x height) ÷ 6,000(cm) = kg). Shipment charges will be based on either volumetric weight or gross weight, depending on which is greater. If the packaging box is overstuffed and distorted out of shape, the volumetric weight is calculated as per the actual measurement of the distorted packaging box.
5) Right of Inspection
Kerry Express reserves the right, to open and inspect any package tendered to it for transportation.
6) Provisions for Customs Clearance of International Packages
The shipper must provide required documentation for customs clearance. By providing required documentation, the shipper certifies that all statements and information relating to exportation and importation are true and correct. Furthermore, the shipper understands that civil and criminal penalties, including forfeiture and sale, may be imposed for making false or fraudulent statements. When a shipment is tendered to Kerry Express, Kerry Express is thereby appointed as the agent for performance of customs clearance, where applicable. Kerry Express is specified as the nominal consignee for the purpose of designating a customs broker to perform customs clearance.
Customs penalties, storage charges, or other expenses incurred as a result of an action by customs or failure by the shipper or consignee to provide proper documentation or to obtain a required license or permit will be charged to the consignee along with any applicable duty or tax. The shipper shall be liable for such penalties, storage charges or other expenses in the event of non-payment by the consignee. Where applicable, Kerry Express may at its sole discretion provide brokerage service at no additional charge for routine customs clearance. Additional charges may be applied for the complex clearance procedures.
7) Rates
The Shipper shall pay rates to Kerry Express in accordance with the attached list of rates and the Shipper shall pay any additional charges or rates for nonstandard service, additional or nonstandard usage, and any other additional charges referenced in the effective Kerry Express Rate and Service Guide, or those applicable additional rates set out in any customized contracts.
8) Payment
Unless paid before shipment, all charges must be paid within 7 days of receipt of invoice or within such other period as the shipper may have agreed in writing with Kerry Express. Unless proved otherwise, an invoice shall be considered for this purpose to have been received three business days following the date of invoice. Any payments made by Kerry Express, including but not limited to taxes, duties or other levies, on behalf of the shipper, receiver or some other party, shall be due and payable by the shipper on demand. Notwithstanding any billing or payment option selected at the time of shipment, the shipper is ultimately liable for and has agreed to pay all charges, including the charges which the receiver or third party fails to pay on due date. A late payment fee in the amount set out in Kerry Express 's invoice may be charged on any outstanding sum after the relevant payment due date. This is in addition to any legal rights and remedies available to Kerry Express.
9) Missing/Invalid Account Number or Refusal Fee
A processing fee, set forth in the Kerry Express Rates applicable to the shipment in effect at the time of shipping, will be charged when the account number is missing or it is not the correct account number for the bill-to party, or if it is the account number for a receiver or third party who fails to pay the shipping charges. In the event of non-payment by the receiver or third party, the shipper will be billed a refusal fee plus the shipping charges.
10) Interruption of Service
Kerry Express shall not be liable for any interruption of service due to causes beyond Kerry Express’s control, including, but not limited to, the following: the unavailability or refusal of a person to accept delivery of the shipment; acts of God; acts of public authorities acting with actual or apparent authority; acts or omissions of customs or similar authorities; insufficient information provided by customer; the application of security regulations imposed by the government or others applicable to the delivery location; a government agency hold; riots; strikes or other labor disputes; civil unrest; disruptions of any kind in air or ground transportation networks; and natural disasters.
11) Responsibility for Loss or Damage
Where the Warsaw or CMR Conventions or any national laws implementing or adopting these conventions apply (for convenience referred to as Convention Rules) or where (and to the extent that) other mandatory national law applies, the liability of Kerry Express is governed by and will be limited according to the applicable rules. Where Convention Rules or other mandatory national laws do not apply, Kerry Express will only be liable for failure act with reasonable care and skill and its liability shall be exclusively governed by these terms and (save in the case of personal injury or death) limited to proven damages up to an amount of no more than triple of the total delivery cost and each claim shall not be exceeded US$100.00 (whichever is the lower). If the claimant (or any person from whom he derives his right to claim) has caused or contributed to any loss, damage or delay to a shipment or package, any liability Kerry Express may incur in respect thereof (limited as above) shall be reduced or extinguished in accordance with the law applicable to such contributory negligence. Kerry Express shall not under any liability to offer shippers’ cargo insurance. Shippers who need cargo insurance or all risk insurance should purchase those insurances from third parties. Save where applicable Convention Rules or other applicable mandatory national laws required otherwise, Kerry Express shall not be liable for special, incidental, or consequential damages, including purely economic losses, such as the costs of any alternative means of transport, loss of profits, loss of business opportunities or loss of revenue resulting from loss of use, arising from any loss of or damage or delay to a shipment or package, whether or not a value has been declared as set forth above. Kerry Express shall not be liable for any damages arising from Kerry Express’s inability, failure or refusal to comply with a request to stop, return or re-route shipment of a package after tender to Kerry Express.
12) Claims Procedure
All claims against Kerry Express must be filed in writing with Kerry Express as soon as reasonably practicable and in any event within 14 days of delivery in the case of damage (including partial loss of a shipment) and in the case of delay within 21 days of delivery. In addition, Kerry Express shall have no liability in connection with any shipment unless legal proceedings are brought and written notice of them is given to it within six months after delivery of the goods concerned or, in the case of non-delivery, within six months from the scheduled date for delivery. This term shall not affect any rights the shipper may have under applicable Convention Rules or other applicable mandatory national laws.
13) Entire Agreement
All shipments are subject to the terms and conditions contained in the Kerry Express Rate and Service Guide and set out on the Kerry Express website. The effective Kerry Express Rate, Service Guide and the description of Kerry Express Services at http://hk.kerryexpress.com , which are incorporated in the Kerry Express Rate and Service Guide, the Kerry Express source document for each shipment, together comprises the complete and exclusive agreement of the parties, except as modified by any existing or future written agreements between the parties, and may not be contradicted or modified by any oral agreement.
14) Severability
These terms shall apply to the fullest extent permitted by applicable law. If any part of these terms is not enforceable, this will not affect the enforceability of any other parts.
15) Governing Law
The terms and conditions herein contained shall be governed by laws of the country wherein the shipment is tendered to Kerry Express for delivery.
For the avoidance of doubt, if there is any conflict between the English version and the Chinese version in this agreement, the Chinese version shall prevail.
