MYPOZ International and Domestic Transportation Service Contract

MYPOZ International & Domestic Transportation Service Contract

Party A: MYPOZ ONLINE SDN BHD
Party B: MYPOZ ONLINE customers
Party B selects Party A as an agent for its courier export and transportation business. After negotiation, the two parties have reached the following by relevant Chinese and Malaysian laws, international conventions and international conventions for mutual compliance.

Transportation Service：

Party B agrees to appoint Party A as the carrier and be responsible for providing Party B with global express shipping services through MYPOZ.
“MYPOZ (Longyi Transportation)” refers to all members of the MYPOZ (Longyi) global network.
“MYPOZ International Network (MYPOZ)” is an international express network composed of Party A or Party B. The “MYPOZ Express Shipping Terms” marked on the back of Party A’s waybill is the “Important Notes” attached to this contract, are all valid components of this contract and have the same effect. If there is a conflict between the three parties, this service contract shall prevail.
“Transportation service” is the express service provided by Party A through air, land or other transportation methods.
“MYPOZ Express Carrier Terms” are the latest terms and conditions of the cargo carried by the Party A and recorded on the back of the waybill, subject to the waybill record. Both parties agree that the “Terms of Freight Forwarders Express” can be indicated in Chinese or English.
The services provided by Party A to Party B include: door-to-door pickup and delivery services, free cargo tracking and inquiry services, free provision of corresponding packaging materials, etc., except those with other agreement
Party B shall pay for all the fees under its account, such as freight, shipping and destination taxes, customs duties and return, destruction costs, and COD payment refused to pay by the recipient.
Party B agrees that any unit or individual that uses Party B’s account to send goods shall be presumed to have obtained Party B’s permission and shall act or represent Party B to conclude a transportation contract with Party A. Party B shall also assume the obligations and responsibilities of the sender or recipient specified in the “MYPOZ Express Carrier Terms” on the back for the use of its account by others.

 

Responsibilities and obligations:

Party B agrees that the “MYPOZ Express Carrier Clause” provided by Party A is applicable to all the goods that Party B entrusts Party A to carry. However, the “MYPOZ Express Carrier Clause” does not apply to Party A’s liability for loss or damage to Party B’s goods.

The transportation service provided by Party A shall comply with the provisions of “MYPOZ Express Carrier Clause”. Party B confirms that Party A has the right to refuse the transportation of hazardous or dangerous goods specified by the International Air Cargo Association (IATA), International Civil Aviation Organization (ICAO), and other relevant government departments or organizations, and Party B promises not to transport the above-mentioned items.

Party B shall ensure that its account is used correctly and that the goods sent meet the relevant transportation requirements. If there is any unauthorized use of the account, Party B shall bear the relevant responsibilities. Party B should also check all bills regularly to ensure the proper use of the account, and take relevant measures to prevent the account from being misused.

Party B shall complete all online forms, including numbers, waybills or consignment receipts automatically produced by Party A’s shipping system. Party B is obliged to ensure the authenticity and completeness of the information filled in. Party A is not obliged to review the qualifications of the personnel filling in the waybills and other documents and whether they have been authorized by Party B, nor is it obligated to review whether the contents filled in are consistent with the goods. Whether Party B, other parties, or Party B entrusts Party A to complete the waybill and other documents, Party B shall be responsible for the contents filled in. In addition, Party B must obtain various licenses and other government approvals required for export before exporting goods. Party A provides Party B’s waybill and standard packaging materials free of charge. For express shipments entrusted by Party B, the name, quantity, value and other relevant contents of the goods shall be truthfully declared, and Party B shall bear the losses caused by the false declaration by Party B.

If the delivery of the goods is out of  the direct service area declared by Party A, an additional fee will be charged for each shipment. The standard of the additional cost will be announced separately by Party A (if applicable), and the price will be negotiated by both parties separately. Party A’s declaration shall be deemed valid before and after the receipt of the goods. However, once the goods are delivered, if Party A still fails to make a statement, then Party B will no longer charge such additional fees.

For damages, shortages and loss of goods delivered by Party B, Party A shall compensate by the value of the goods (caused by Party A), and no other limitation of liability shall apply.

 

Price:

Party A has the right to modify the published price and notify Party B in writing of the new price list applicable to this contract when the published price or market conditions change significantly. Any objection to the price of Party B shall be raised within 5 days after receiving Party A’s notice, otherwise, it shall be deemed that Party B has accepted the new price list. If both parties cannot agree on the new price list applicable to this contract, this contract will automatically terminate.

Both parties shall renegotiate the renewal of this contract within 30 days before the expiration of this contract. If both parties do not sign a new contract, the price list related to this contract will continue to apply, unless Party A provides a new price list in writing. Any objection to the price of Party B shall be raised within 5 days after receiving Party A’s notice, otherwise it shall be deemed that Party B has accepted the new price. If both parties cannot agree on the new price used in this contract, this agreement will automatically terminate.

The price in the price list of this contract does not include taxes, customs duties and various other government fees. The foregoing payments shall be paid by Party B.

The freight is calculated according to the weight weighed by Party A, and the larger value of the actual weight and volume weight of the goods shall prevail.

Important Notes

When you (hereinafter referred to as the “sender”) entrust our company (hereinafter referred to as “MYPOZ”) to engage in express delivery services, you represent yourself or any other party who has an interest relationship in the express delivery as stated in the waybill agree: Unless agreed in writing by the authorized representative of MYPOZ, these terms will take effect when MYPOZ receives the express. Your statutory rights under any specific service (the service has been charged for) will not be affected.

The express shipment mentioned in this clause refers to all the commercial documents and parcels under a consignment note. MYPOZ will choose to transport the express by air, land or any other methods. An air waybill should include the relevant bar code, air waybill and related documents (such as proof of COD) issued by the MYPOZ automatic control system, and should contain the terms of this section. Each express shipment will use this clause. Each express shipment will use the provisions on the limitation of liability in this clause. MYPOZ means any member of the MYPOZ global network

 

Tariffs, Exports and Imports:

To provide services to the sender, MYPOZ can do the following on behalf of the sender:

Fill in various documents, correct the codes of service items, and pay relevant taxes and fees under the requirements of relevant laws and regulations;

The freight forwarder as the sender handles customs and export control procedures, and acts as the recipient when completing the customs clearance and entry procedures;

At the request of others, transfer the carried goods to the recipient’s import agent, or transport them to other locations, as long as MYPOZ has reasonable grounds to judge that the other person has obtained the necessary authorization.

Prohibited Items:

The sender agrees that all the express delivered are transportable. Any of the following conditions will not be transported:

Belonging to the hazardous and dangerous goods specified by the International Air Cargo Association (IATA), the International Civil Aviation Organization (ICAO) and other relevant government departments or organizations, as well as items that are prohibited or restricted;

Fail to go through customs declaration procedures under relevant customs regulations;

Items that MYPOZ believes cannot be safely and legally transported (including but not limited to: animals, cash, bearer negotiable bills, precious metals and ores, firearms, ammunition, human bodies, pornographic materials and illegal narcotic drugs/drugs).

Special line flight requirements: the weight of a single piece does not exceed 80KG, one side does not exceed 120*100*100CM, and the outer packaging does not meet aviation standards, such as wooden box/scotch tape packaging

Delivery and Non-delivery:

Express mail cannot be delivered to a post office box or only by postal code. The express mail will be delivered according to the recipient address provided by the sender (the first recipient of the mail should be regarded as the recipient in postal delivery), but it may not be delivered directly to the recipient himself. If the recipient address does not have a centralized receiving point, the shipment will be dispatched to that receiving point. Under one of the following circumstances, MYPOZ will use reasonable efforts to return the shipment to the sender, so the additional costs incurred will be paid by the sender; the recipient refuses to receive the shipment or pays for the freight; the shipment is deemed unacceptable; The customs believes that the sender has under-reported the value of the goods; the recipient cannot be reasonably determined or found. If it cannot be refunded, MYPOZ can abandon, dispose of, or sell the shipment without assuming any responsibility to the sender or others for the above actions. The income will be returned to the sender after deducting related management fees and processing fees.

Inspection:

MYPOZ reserves the right to open and inspect the express without notifying the sender in advance. MYPOZ may conduct random inspections or full inspections on shipments, and the sender shall bear the consequences caused by the violation of Article 2 of the terms of this part that are not obtained through inspection.

Freight:

The freight of MYPOZ will be calculated according to the higher value of the actual weight and the volumetric weight. MYPOZ can re-weigh and measure any goods to confirm the calculation data. The sender shall pay or return to MYPOZ all freight, storage fees, customs duties and other taxes incurred by MYPOZ itself or on behalf of the sender, recipient and any third party in the transportation service; when the shipment belongs to the case of non-delivery mentioned in Article 2 of the terms, the sender shall also pay all compensation, damages, fines and related expenses caused by this to MYPOZ.

MYPOZ’s Responsibilities:

MYPOZ’s liability to the sender based on the terms of this section is limited to direct losses. Because the sender can assess special risks in advance and insure on its own, MYPOZ does not bear any other losses or damages (including but not limited to profits, income, interest and future business losses), regardless of whether these losses or damages are special or indirect, regardless of whether MYPOZ is aware of the risk of these losses or damages before or after accepting the express. The provisions of this Article 6 do not affect the provisions of Articles 7-10 of this Part. Only one claim can be made for each express shipment, and this compensation will be used as the total or final solution to the relevant losses and damages. If the sender believes that the compensation provided in this section is insufficient to compensate for its loss, it shall make a special statement on the value of the goods and insure it by itself, otherwise the sender will bear all risks of loss and damage.

Claim Form and Time Validity:

For any claim against MYPOZ for loss, damage or delay in the delivery of goods, if damage occurs, MYPOZ must be notified in writing within 2 days from the date of delivery of the goods; if the loss occurs, from the day the goods arrive at the destination, MYPOZ must be notified in writing within 2 days; if the delivery delay occurs, MYPOZ must be notified in writing within 7 days from the date the goods should have been delivered, otherwise, no lawsuits against MYPOZ and the right of the shipper/consignee to file any claims against MYPOZ will also be automatically lost.

Transport Delays:

MYPOZ will make reasonable efforts to deliver the express following its normal shipping standards, but these standards are not a promise and do not form part of the terms of this section. MYPOZ is not liable for any loss or damage caused by transportation delay (except for loss or damage caused by the delay of Party A’s man-made or forceful factors)

Force majeure:

MYPOZ shall not be liable for any loss or damage caused by the factors beyond MYPOZ’s control. These reasons include but are not limited to: natural disasters, such as earthquakes, tornadoes, storms, floods, and heavy fog; force majeure such as wars, air crashes or embargoes, inherent defects or specialities of express shipments (regardless of whether MYPOZ is aware of them); riots or civil commotions; non Acts or omissions of MYPOZ employees or persons not under contract with MYPOZ, such as senders, consignees, third parties, customs or other government departments; labour incidents; electromagnetic damage to electronic audio pictures, data or records Or deletion.

Storage period:

For the goods that have been signed and received, they will be stored in our warehouse from that date. The deadline is one month. If the goods are overtime, we will ship them by sea or store them in the warehouse by default. If the storage time is exceeded, additional storage charges will be incurred. Packages after one month will be charged 20% more freight charges, and there will be an increase of 10% warehousing charges every two weeks. For goods stored in our warehouse, MYPOZ will automatically give up storage, and automatically destroy and sell. The value of the goods will not be notified separately.

Fragile Items:

For all domestic express parcels damaged during delivery, Party B shall not be liable for any compensation. Party B needs to do all the reinforcement packaging before it arrives at our warehouse to prevent any damage during delivery to our warehouse.

Warsaw Convention:

Under air transport conditions, if the final destination or country of call is not in the country of origin, the Warsaw Convention applies and in most cases limits MYPOZ’s liability for loss or damage to the shipment responsibility.

The Sender’s Guarantee and Liability:

If the sender violates the relevant laws and regulations or violates the following guarantees and statements, the sender shall compensate DPEX for the losses and damages caused thereby:

All information provided by the sender or its agent is complete and accurate;

The goods are prepared by the sender or its employees on the premise of safety;

The personnel who prepare the goods for the sender are trustworthy;

The sender shall ensure that DPEX is not interfered by others during the preparation, storage or transportation of the goods;

All the goods are fully and accurately marked, the address is clear, the packaging is proper, and it is safe to deliver;

Comply with relevant customs and import and export regulations, as well as other laws and regulations;

The waybill is signed by the sender or its authorized representative, and the terms of this section are binding on the sender.

Route:

The sender accepts all routes and detours, including possible transit stations or delivery agents.

Application of Law and Dispute Resolution:

Taking into account the interests of MYPOZ, unless it conflicts with applicable laws, all disputes related to the terms of this section will be subject to the non-exclusive jurisdiction of the courts of the country where the express was originally sent, and apply to the laws of the country of origin. The sender is irrevocable Accept the jurisdiction.

Severability:

The invalidity or unenforceability of any part of the terms of this section does not affect the validity and execution of other terms.

Reminder: Please purchase insurance for high unit price goods to ensure your company’s interests.

Short of Goods:

The corresponding product name of the goods must be on the invoice, or it will be rejected if it is not declared;

Please give feedback within 48 hours from the date of receipt by the recipient, overdue will not be accepted;

After acceptance, our company will inquire the freight forwarders of each courier-SKYNET / CITYLINK / BBB/ ABX / China Operation Warehouse / local recipient / dispatcher to confirm whether it is true;

It will be compensated once verifying based on the value of the shortage of goods (the upper limit of CITYLINK freight value compensation is USD50), (the upper limit of compensation for the value of SKYNET freight goods is USD50), (the upper limit of compensation for the value of sea freight goods is 3 times the freight), and free shipping fee same as the value of the shortage of goods to the same destination;

Entire Ticket / Parcel Loss: In Transit

Compensate according to the declared value on the invoice (the upper limit of CITYLINK freight cargo value compensation is USD50), (the upper limit of DPEX-SKYNET freight cargo value compensation is USD50), (the upper limit of sea freight cargo value compensation is 3 times the freight), and the shipping fee will be refunded Or re-send the same weight of goods to the same recipient for free; loss in the warehouse will be compensated based on the value of the goods, or compensated up to RM100.

If customers buy and sell high-value items, please ask freight insurance companies to provide insurance services to avoid any losses.

Exchange of Goods:

MYPOZ will afford all costs incurred or directly compensated according to the declared value of the goods (the maximum CITYLINK freight cargo value compensation is USD50), (the maximum DPEX-SKYNET freight goods value compensation is USD50), (the maximum sea freight cargo value compensation is 3 times the freight), or refund the freight. Our company has the right to choose one of the methods to deal with;

If the goods are lost in our warehouse, the compensation standard will be up to 100 MYR. If the customer is not satisfied with this protection, please choose the COD or pick-up service to increase the warranty for the loss of the package.

False Declaration/ Prohibited Goods/ Wrong Transportation Method:

The customer shall bear all the consequences such as false declaration or transport prohibited items that lead to shipment returns/failure of customs clearance/additional charges at the destination; the freight will not be refunded;

• Our company will consider blacklisting customers, when the repeat offender rate is too high or too frequent.

Delivery Delays:

Our company will notify if there are delivery delays within the cargo guarantee period, and will not be responsible for the delay caused by the third party.

For third-party cargo delays such as customs issues, flight and weather issues, our company will supervise, follow up and arrange shipments as soon as possible. There will be no restrictions on the compensation rules for delayed shipments.

All delays caused by our negligence will be compensated according to the number of days for being delayed.

The delivery date takes the payment date as the standard delivery date and time and must notify our company for verification.

Delay 3 working days-10% compensation, 7 days-20% compensation, 14 days-30% compensation, 30 days-50% freight compensation.

Order Modification Requirements:

All orders are subject to special processing, and will be replied the next day, or later depending on the request.

All orders that require special processing after delivery will be subject to the unrestricted delay delivery compensation rules.

Compensation Procedure:

All customers who apply for compensation must provide complete compensation information within 1 week of applying for compensation, overdue application will not be accepted.

All confirmed compensation needs to provide complete information within one week, otherwise the compensation will be invalid.

After all the compensation is confirmed and the complete compensation information is received, our company will verify, reply and compensate within 2 weeks, and information submitted 2 weeks later will be considered as overdue.

If the customer fails to provide complete information during the compensation application period, the application will not be accepted if overdue one week.

Reminder: Please purchase insurance for high unit price goods to ensure your company’s interests.