Kerry Express (Hong Kong) Limited Trading as Kerry Express (hereinafter called“Kerry Express”)
When ordering Kerry Express’s services you, as “Shipper”, are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment, that you or such person shall be bound by the Terms and Conditions herein contained from the time that Kerry Express agrees to provide service in respect of the Shipment as ordered by you unless otherwise agreed in writing by an authorized officer of Kerry Express.
“Shipment” means all documents or parcels that travel under one waybill and which may be carried by any means as chosen by Kerry Express, including by land transportation or other carrier. Unless otherwise agreed in writing prior to your tender of the Shipment to Kerry Express, the service to be provided by Kerry Express is limited to the pickup, transportation and delivery of the Shipment. The shipper acknowledges that Shipments may be consolidated with those of other shippers. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then insurance may be arranged at an additional cost.
1) Unsuitable Shipments
Shipper guarantees that its Shipment is suitable for transportation. However, Shipment is deemed unsuitable for transportation if:
Kerry Express shall not be liable for loss of, damage to or delay in delivery of the above items, which is included in Shipper’s Shipment whether the Shipper has informed Kerry Express about such items or not. If Kerry Express suspends its service in respect of any Shipment which is deemed unsuitable for transportation pursuant to this Section 1, then the Shipper shall not be entitled to any refund of transportation fee paid by Shipper to Kerry Express in respect of such Shipment.
2) Deliveries & Undeliverables
Shipments cannot be delivered to PO boxes or postal codes. 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. 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, 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 and related administrative costs and the balance of the proceeds of a sale to be returned to Shipper.
Kerry Express has the right to open and inspect a Shipment without prior notice to Shipper.
4) Shipment Charges & Billing
Kerry Express’s Shipment charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by Kerry Express to confirm this calculation. Shipper shall pay or reimburse Kerry Express for all Shipment charges, and storage charge in consideration of services provided by Kerry Express or incurred by Kerry Express on Shipper’s or Consignee’s or any third party’s behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unsuitable for transport as described in Section 1.
5) Kerry Express’s Liability
Shipper agrees that Kerry Express’s liability in respect of the Shipment is strictly limited to direct loss only. All other types of loss or damage are excluded (including but not limited to loss of profits, income, interest, future business, or loss of revenue resulting from loss of use), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to Kerry Express’s attention before or after acceptance of the Shipment. Shipper shall insure at its own costs against any risks in respect of the Shipment. Without prejudice to Section 6-8 below, for transportation of any one Shipment by land transportation, Kerry Express’s total liability in respect of such Shipment shall be limited to its actual cash value but in any event shall not exceed HK$500 (whichever is the lower) and for transportation by any other means, Kerry Express’s total liability in respect of such Shipment shall be limited to its actual cash value. Shipper shall not raise more than one claim for each Shipment and settlement of such claim shall be full and final settlement for all loss or damage in connection with such Shipment. If Shipper regards these limits as insufficient to protect itself, then it must make its own insurance arrangements, failing which Shipper shall assume all risks of loss or damage in respect of the Shipment. Kerry Express shall not be under any liability to offer Shippers’ cargo insurance or to buy any insurance in respect of the Shipment. Shippers who need cargo insurance or all risk insurance should purchase those insurances from third parties.
6) Time Limits for Claims
All claims must be submitted in writing to Kerry Express within three (3) days from the date that the Shipment is delivered by Kerry Express pursuant to section 2 above, failing which Kerry Express shall have no liability whatsoever.
7) Delayed Shipments
Kerry Express will make reasonable effort to deliver the Shipment according to Kerry Express’s regular delivery schedules, but these are not guaranteed. Time is not of the essence in respect of the delivery of Shipment. Kerry Express shall not be liable for any damages or loss caused by delays in delivery.
8) Circumstances beyond Kerry Express’s Control
Kerry Express shall not be liable for any loss or damage arising out of circumstances beyond Kerry Express’s control. These include but are not limited to: “Act of God”- e.g. earthquake, cyclone, storm, flood, fog; “Force Majeure” - e.g. war, plane crash or embargo; any defect or characteristic related to the nature of the Shipment, even if known to Kerry Express; riot or civil commotion; any act or omission by a person not employed or contracted by Kerry Express e.g. Shipper, Consignee, third party, customs or other government official; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.
9) Shipper’s Warranties and Indemnity
Shipper shall indemnify and hold Kerry Express harmless for any loss or damage arising out of Shipper’s failure to comply with any applicable laws or regulations and for Shipper’s breach of the following warranties and representations:
Shipper agrees to all routing and diversion as determined by Kerry Express, including the possibility that the Shipment may be carried via intermediate stopping places.
11) Government Law
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of, and governed by the laws of the Hong Kong SAR, and Shipper irrevocably submits to such jurisdiction.
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.
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.