FEDERATION OF MALAYSIA FREIGHT FORWARDERS GENERAL STANDARD TRADING CONDITIONS NOTICE: Customers are advised that any business transactions with any accredited members of the Federation of Malaysia Freight Forwarders and/or its component states associations are governed by the Standard Trading Conditions as contained herein. If not specified in any written contract, these conditions are incorporated by reference. GENERAL PROVISIONS contracting carrier undertakes delivery of the goods until the final destination, 6.5. Where the customer is in arrears of any payments for freight and services 1. Applicability of the Standard Trading Conditions which is other than a Port, as contained in the Bill of Lading or Waybill. rendered by the company and the outstanding exceeds the agreed credit period, 1.1. The Standard Trading Conditions (STC) contained herein shall be interpreted 2.18. “Port-to-Port” means the company contracts to carry the goods from the Port the company shall be entitled to impose a late payment penalty charge of such and construed in accordance with and governed by the laws of Malaysia and any of Origin or Port of Loading, including any transshipment ports, to the Port of percentage as advised and/or imposed by the associations. legislations and/or conventions, adopted or ratified and incorporated into the laws Destination or Port of Discharge. 6.6. In the event the arrears remained outstanding beyond such further period in of Malaysia, including its subsequent amendments or enactments, if any. 2.19. “Shipper” has the same meaning as the owners of the goods or any persons excess of the agreed credit period as granted by the company for the customer to 1.2. All transactions entered into between any accredited members of the acting on behalf of the owners, including the agents or representatives, vested make good such outstanding and provided that the customer responded to the Federation of Malaysia Freight Forwarders and/or its component states with legal interest in the contract of carriage of the goods to a destination. demands for payments being served on them, the company shall be entitled to associations (collectively called FMFF) with the customers are subject to the 2.20. “Special Drawing Rights” or “SDR” means the unit of monetary value or report such delinquent accounts accordingly as required under the Credit application of the STC and such other rules and regulations implemented by compensation as determined by the International Monetary Fund but the primary Reporting Agencies Act (2010) without any liability or responsibility for any loss or prevailing applicable legislations and/or conventions and/or their subsequent currency for the purpose of the contract of carriage referred to in this STC, the damage ensuing therefrom or thereafter when the customer’s delinquent account amendments or enactments, if any. SDR shall be denominated by the Malaysian Ringgits (RM). shall be reflected in the trade bureau database. 1.3. The customers, by notice contained in any transactional advices, agree and 2.21. “Valuables” means any negotiable instruments and includes bullion, coins, GENERAL LIABILITY AND EXCLUSIONS acknowledged that the STC are deemed to be incorporated into the contract of money, precious stones, jewellery, antiques, pictures, work of art and any similar 7. Limitation of liability carriage and shall supersede any other terms of the contract which are in conflict goods of certain value or carried at “Agreed Value” specified in the Bill of Lading or 7.1. The company acts as a freight forwarding agent and is only liable for the with these conditions except that which are incorporated by legislations and/or Waybill. failure to exercise reasonable care in the performance of the contract of carriage conventions and/or their subsequent amendments or enactments, if any. 3. Cargo Insurance and delivery of ancillary services relating to the delivery or taking delivery of the 1.4. Unless otherwise contained to the contrary, the member performs the role of 3.1. The company is not obliged to advise, procure or effect marine cargo goods. an agent of principals, which shall be deemed to include the carriers and such insurance cover on the goods unless the customer has given specific instructions 7.2. Unless notice of loss of or damage is given in writing to the company, the other performing parties operating and contracting as carriers or representatives for the company to acquire such insurance coverage to indemnify the shipper or handing over or the taking delivery of by any party entitled to take delivery is prima and agents of carriers. consignee or any other persons legally vested with interest for the safe delivery or facie evidence of the delivery of the goods in good order and condition. Where 2. Definitions receipt of the goods. such loss or damage is not apparent at delivery, the same prima facie effect shall 2.1. “Arbitration” shall mean the conduct of resolution of commercial disputes 3.2. All such insurance cover, if procured on behalf of the customer, are bound at apply if notice in writing is not given within six calendar days after the date the presented before an arbitral tribunal constituted in accordance with the provisions such applicable premium rates, terms and conditions and exclusions contained in goods have been handed over or from the date of taking delivery of the goods. of the Arbitration Act (2005) and/or any applicable legislations and/or conventions the contract of insurance by the insurance company or underwriters 7.3. The company is not liable for acts of error and omission by any third parties ratified and admitted into the laws of Malaysia including its applicable subsequent notwithstanding that the company collects the premium as part of the handling involved with the carriage of the goods, such as, but not limited to, carriers, amendments or enactments, if any. charges for the carriage of goods. The company does not undertake any warehousemen, stevedores, port authorities and other performing party, unless 2.2 “Association” whether used in the singular or plural form shall mean the FMFF professional liability or responsibility to ensure that the coverage so acquired is there are evidence to prove that the company failed to exercise due diligence in and/or any of its component states associations which are societies duly sufficient or provides comprehensive indemnity for the loss of or damage to the selecting, instructing or supervising such third parties. registered under the Societies Act (1966) and having their own Rules and goods. 7.4. Where the company is liable as principal, whether by implied or expressed Regulations or Memorandum and Articles of Associations, among others, 3.3. Where no insurance cover is procured on the goods, in the event of a undertaking or through providing the ancillary services as an independent implementing its own code of conduct or code of ethics regulating its members. General Average being declared and notified by the carrier or the master of the contractor, the customer shall provide such evidence of the company’s negligence 2.3. “Authority” shall mean a duly constituted legal or administrative office or the carrying vessel acting on behalf of the carrier, the customer shall procure a as principal, including any independent third party investigation survey report, to person exercising the vested powers of such an office in any jurisdiction and that banker’s guarantee as required security and/or deposit such required cash the company within 21 calendar days upon the arrival of the goods at destination includes but not limited to the state or municipal office, port authorities and the collateral for the release of the goods held by the appointed Average Adjusters. or on such date the goods should have arrived at destination. customs board established under the Port Authorities Act (1963). 4. Failure to take final delivery of the goods upon arrival at destination 7.5. If the company is liable in respect of loss following delay or deviation of the 2.4. “Bill of Lading” or “Waybill” shall mean the evidence of the contract of carriage, 4.1. If at any time there is any dispute arising over the control of the goods upon vessel or the conveyance, such liability shall only be limited to an amount not including that which is electronically documented or not available in the printed arrival at destination hindering the final delivery or taking delivery of the goods, the exceeding the remuneration relating to the service giving rise to the delay or form, and shall bear the same meaning as provided for in the Carriage of Goods customer shall continue to be liable for any subsequent or recurring costs and deviation or the reasonable additional expenses incurred in respect of the by Sea Act (1950) and/or its subsequent amendments. expenses incurring therefrom the date the incident occurs and shall indemnify the reasonable recovering of delay following deviation. 2.5. “Carriers” whether used in the singular or plural form shall refer to the company accordingly for such further costs and expenses. 7.6. Where the goods have not been delivered to the destination within a period of company which owns and operates commercial scheduled liners, vessels and/or 4.2. Where documentary title to the goods has not yet passed, the customer is still 90 calendar days after the date the goods ought to have been delivered, in the land transportation vehicles and carrying equipments, licensed to conduct the interested as the shipper and shall indemnify the company for all such further absence of evidence to the contrary, the goods shall be treated as lost. The value business of carriage of goods and conveyance services. The term shall be costs and expenses incurring, including all demurrages, customs duties and fines of the goods for the assessment of compensation of loss or damage shall be deemed to include the agents or representatives contracting as carriers where the and outstanding freight or warehousing charges and any recovery expenses to determined according to the current commodity exchange price index or, if there is agents or representatives issued such documents denoting a contract of carriage conduct final delivery of the goods. no such price indication available or applicable, according to any reasonable as a carrier. 4.3. Where the dispute persists and upon the shipper’s inability to resolve the market value or, by reference to the normal value of the goods of the same kind 2.6. “Company” is used when the member conducts its business as a freight same with the consignee or any other buyer 30 calendar days after arrival of the and quality but in no event shall exceed that which is originally contained in the forwarder or an agent providing such services for the conveyance of goods and goods or from the date such dispute arose, the company shall be vested with a documentary evidence. services and that shall include, among others, the carriage of goods (whether General Lien on the goods and may either exercise the rights to confiscate and/or 7.7. The company shall in no event be liable for valuables or dangerous goods wholly or partially) by sea, consolidation of the goods for carriage, storage, to accordingly forfeit and dispose the goods in any manner deemed fit and proper unless the value and/or nature of the goods has been declared and expressly handling, packing or distribution of the goods for delivery or carriage as well as so as to make good and/or recover any further costs and expenses incurred. agreed by the company in writing and noted accordingly in the Bill of Lading or any ancillary and advisory services in connection therewith, including but not 4.4. All negotiations and correspondences taking place between the company and Waybill provided however that the company shall not be liable for the maximum limited to port and customs clearance and related ancillary matters, procuring their appointed destination agent or representative to attempt delivery or taking loss or damage as contained therein. insurance on the goods, collecting or procuring payment or documents relating to delivery of the goods and/or to resolve any disputes arising between the shipper 7.8. In the event the company is proven to be liable for any loss or damage, the goods. and consignee and other legally interested parties are conducted as agent for and including any financial loss resulting from any error or omission suffered by the 2.7. “Consignee” whether used in the singular or plural form is the party entitled to on behalf of the customer and/or the actual owners of the goods. customer, the liability shall be based on the principle of indemnity and limited to take delivery of the goods, whether through an agent acting on their behalf or by 4.5. In the event a General Lien is notified to the customer and/or the shipper RM2,800.00 (Malaysian Ringgits Two Thousand Eight Hundred Only) or 583 SDR any person who is directly and legally vested with interest in the goods, and where and/or any legally interested parties, the company shall conduct sale and disposal of account payable per shipping unit or RM5.00 (Malaysian Ringgit Five only) or applicable shall bear the same meaning as the buyers or the intermediary party of the goods by auction, whether by private arrangement or by public notification, two SDR per gross kilogram weight on the goods lost or damage. Notwithstanding accepting the goods whether for onward transit or final taking of delivery at the the nett proceeds shall accordingly be used to defray the cost of auction, the costs the limitation contained herein, the maximum liability of the company for any loss destination port. and expenses owing to the company and the customer and/or actual owners of the or damage shall not under any circumstances exceed RM100,000.00 (Malaysian 2.8. “Customer” shall mean the same as the shipper or owner of the goods and/or goods if there remains any amount thereafter. Ringgits One Hundred Thousand only) or such other amount in equivalent any party acting on behalf of the owner or any persons legally interested in the 4.6. Notwithstanding the above, the company shall be entitled to full indemnity currency whichever is applicable. goods and has the authority to provide instructions or be entitled to the rights or from the customer in respect of any amount owing or any outstanding costs and 8. General Exclusions and Time Bar obligations under the contract of carriage concluded with the company. expenses in the final delivery of the goods. 8.1. The company shall not be liable for any loss of profit, loss of market and/or 2.9. “Dangerous Goods” shall bear the same meaning as that contained in the 5. General delivery obligations loss of opportunities caused by any delay or deviation of the vessel and/or any International Maritime Dangerous Goods Code (2012) or any applicable 5.1. The company shall carry out his services according to the customer's unreasonable delay in delivery or taking delivery of the goods at such date the legislations and/or conventions governing “Dangerous Goods” and among others, instructions and as agreed it being understood that the instructions shall be goods should have been delivered provided that the company is proven to be shall include certain graded and controlled liquids or chemicals and materials, complete and clearly communicated. Otherwise, the member may at the risk and principally negligent. flammable goods, and any other materials or goods, including its shipping units, expense of the customer act accordingly to supplement such incomplete 8.2. In any event, where any physical loss or damage to the goods has occurred, which will become a danger to lives and property. instructions and advice so as to complete the contract of carriage. upon first discovering such loss or damage when delivery of the goods has been 2.10. “Documentary shipper” refers to the party named as “Shipper” in any 5.2. The company shall contract for and on behalf of the customer to engage the delivered, unless notice in writing is given within 14 calendar days upon arrival of documentary title, whether the document is in the printed form or electronically and services of other providers, including but not limited to carrier, clearing agents, the goods, together with any independent third party investigation survey report, digitally documented, and may mean the same as the shipper or actual owner of land transport operators, warehousing operators, customs brokers and others, for the goods are deemed to have been delivered without damage. the goods, or the agent acting on behalf of the shipper, who contracts with the the final delivery of the goods to the consignee or any legally interested parties as 8.3. Unless otherwise expressly agreed in writing, the company shall be company to move the goods. instructed by the customer. discharged from all claims and any further liability for any direct and indirect loss of 2.11. “Equipments” refers to the transportation or shipping unit used to consolidate, 5.3. The company may with or without notice to the customer or shipper exercise or damage to the goods provided that action is brought within nine calendar contain or pack the goods for transit under the carriage contract and that includes its own discretion or arrange to carry the goods on or under deck and/or substitute months after the delivery of the goods, or the date when the goods should have the containers and its chassis, where applicable, pallets, transportable tanks and the means, route and procedure to be followed in the handling, stowage, storage been delivered, or the date when the goods is treated as lost. other similar articles customarily used for the transportation of goods. and transportation of the goods pending the delivery or taking of delivery of the 8.3. Any claim not made and notified accordingly shall be time barred except 2.12. “Electronic Data Interchange” or “EDI” refers to the computerized data goods or upon its arrival at destination. where the customer can show that it was impossible to comply within the time limit interchange where such documentary titles or transactions pertaining to the 5.4. Where an inability to deliver the goods for any reason whatsoever occurs, the stipulated. carriage of goods are stored, retrieved or transmitted. Provided that the EDI company may at its discretion arrange for the goods to be stored at the most LAW AND JURISDICTION complies with internationally accepted secured e-commerce protocol operated and convenient destination pending final instructions from the customer or the owners 9. Application of Malaysian law and legal forum controlled by the Authorities or on its behalf, the EDI electronic documents, of the goods and such additional costs and expenses shall be accordingly accrued 9.1. Unless otherwise agreed, any action against the company may only be including the Bill of Lading or Waybill and/or such other correspondences or for the account of the shipper. commenced in Malaysia where the company has its principal place of business electronic mails may be accepted as evidence of transactions for the carriage of THE CUSTOMER'S OBLIGATIONS AND LIABILITY and shall be decided according to the applicable legislations and/or conventions goods when retrieved into print or transmitted between terminals. 6. Information and Indemnification including its subsequent amendments or enactments. Where the action against 2.13. “Freight” means the remuneration payable to the carrier and/or the company 6.1. The customer shall be deemed to have truthfully and accurately declared all the company commenced at any place other than Malaysia, the application of acting as agent on behalf of the carrier, for the services rendered in the carriage of particulars relating to the general nature and description of the goods, their marks, Malaysian law and/or applicable conventions shall be mandatory. goods and, if not specified, may include charges for such other ancillary services numbers, weights, volume and quantity and, if applicable, the dangerous character 9.2. All commercial disputes arising from the contract of carriage incorporating the provided by the member. of the goods, as furnished. STC contained herein shall be firstly resolved by negotiation and/or arbitration in 2.14. “General Average” has the same meaning as that contained in the York- 6.2. The customer shall be liable for all loss or damage, costs, expenses and any accordance with the Arbitration Act (2005) and/or its subsequent amendments Antwerp Rules (2004). fines or charges imposed by the authority resulting from the inaccurate, fraudulent where applicable unless the court summarily agrees otherwise that the disputes 2.15. “Goods” shall mean anything that has commercial value stipulated in the or incomplete information or instructions provided for the carriage of the goods. may not be determined by arbitral process. contract of carriage and is movable and tangible and that includes the 6.3. In the event the company shall become liable to any other party resulting from 10. Notices and Communications transportation or shipping units customarily used to transport the goods. the inaccurate or fraudulent information, whether the company is negligent or 10.1. All notices and communications between the company and the customer 2.16. “Legislations” and “Conventions” shall include the laws of Malaysia and otherwise, the customer shall indemnify and hold harmless the company shall be made to the last known address in writing through normal post or by where applicable, the international multimodal conventions including, the Hague- accordingly for such action taken against the company. emails and by any other electronics means of communication shall be considered Visby Rules (1968); Hamburg Rules (1978); the Rotterdam Rules (2009) and the 6.4. Where other costs and expenses are payable, including duties or such other delivered and received upon any acknowledgement or return receipt be generated CMR Convention (1956) and where applicable for carriage of goods by air, the additional charges, the company shall be entitled to claim the same on the in response to the message sent. Warsaw Convention (1929) as amended by the Montreal Protocol (1995). customer, notwithstanding there being any claim on the company for any loss of or 10.2. Where notices and communication is not capable of being delivered to the 2.17. “Multimodal Transport” refers to the movement of goods by a combination of damage to the goods, the monies so paid out by the company on behalf of the last known address for any reason whatsoever, the notices and communication conveyances, other than wholly or partially by sea, and where the contract of customer shall become payable without any reduction or deferment on the account shall be considered delivered upon being posted on a public board or advertised carriage is based on such a term, shall mean “door-to-door” shipments where the of any claim, counter-claim or set-off against any amount owing to the company. or published in any public media or customary forum. FMFF STC Version 2/2010 (28012013) All Rights Reserved
Download PDF file
Cookie policy