TERMS AND CONDITIONS

The following are standard terms and conditions for use of logistics services as provided by FMX (M) Sdn. Bhd. (FMX). By using FMX's service, it is deemed that you, the authorized person(s) or body corporate (Customer) have agreed to be bound by all terms and conditions of service (Terms) contained herein.

1. The Customer is deemed to be aware that is relations with FMX are subject to recognized domestic and international conventions and legislations applicable thereof and that FMX is not a common carrier and it only deals with the goods subject to these conditions
2. Proposals are based on Customer's representation of the volume(s), process(es) and scope of work, and the information provided during the enquiry and/or request for quotation. If the actual operation varies substantially from the information provided by the Customer, FMX reserves the right to revise proposals accordingly."Otherwise specifically outlined in the proposal, FMX's proposals are not applicable for perishable, precious or high value, hazardous, flammable and dangerous goods, which the Customer needs to declare to FMX accordingly."
3. Proposals are provided on the basis of immediate acceptance and are subject to withdrawals or revisions. Further unless otherwise agreed in writing, FMX shall be after acceptance at liberty to revise proposals with or without notice in the event of changes occurring in currency exchange rates, rates of service, insurance premiums or any charges applicable to the goods.
4. FMX reserves the right to reject any goods, which are undeclared to the authorities, illegal, unlawful or in contrary to any or all representations made by the Customer. Any penalties imposed as a result shall be borne by the Customer.
5. The Express and Airfreight rates proposed are based on actual weight of the goods or its volumetric weight, whichever is the higher. The calculation for volumetric weight is according to the following formula.
   1. International Express service(s) :

      Volumetric weight (kg) = Length (cm) x Width (cm) x Height (cm) / 5000

   2. Domestic Express, Domestic Airfreight and/or International Airfreight service(s) :

      Volumetric weight (kg) = Length (cm) x Width (cm) x Height (cm) / 6000

6. In the event of dispute as to the calculation of the volumetric weight and/or the applicable rate, the customer agrees that the decision made by FMX shall be final and binding.
7. The Customer must indicate the type of service required on the FMX App note as highlighted below. If the required service is not indicated on the FMX App, FMX will conclude that the Customer requires the Express service and will be sent via the Express service. The Express service will be charged to the Customer and the Customer is to pay for the service rendered.
8. FMX does not accept consignments or shipments in which the delivery address is a P.O. Box address.
9. Every care is taken to ensure all goods are in good condition during FMX's custody. If there is/are any loss(es) or damage(s), it must be clearly stated on the Delivery Order or relevant documents at the time of delivery or handover and acknowledged for by FMX's employee and/or appointed partner. Failing which, FMX will not be liable for such loss(es) or damage(s) sustained as there is no objective evidence to prove FMX's fault.
10. Every care is taken to ensure all goods are in good condition during FMX's custody. If there is/are any loss(es) or damage(s), it must be clearly stated on the Delivery Order or relevant documents at the time of delivery or handover and acknowledged for by FMX's employee and/or appointed partner. Failing which, FMX will not be liable for such loss(es) or damage(s) sustained as there is no objective evidence to prove FMX's fault.
11. FMX's limited liability to any loss(es) or damage(s) is MYR200.00 or the value of the goods, whichever is lower. FMX's liability is strictly limited to direct loss or damage only and not for any consequential and/or indirect loss(es).
12. FMX's limited liability to any loss(es) or damage(s) is MYR200.00 or the value of the goods, whichever is lower. FMX's liability is strictly limited to direct loss or damage only and not for any consequential and/or indirect loss(es).
13. Any claim(s) by the Customer for loss(es) or damage(s) shall be filed in writing within seven (7) working days from the date the loss(es) or damage(s) was discovered, failing which, it is deemed that the Customer will not proceed with the filing and FMX shall not be held liable whatsoever. For damage claim, the content and original packaging shall be made available to FMX within fourteen (14) days from the date of written notification in order for FMX to evaluate the damage. The claim amount shall not be a set-off or deducted from any outstanding owing to FMX.
14. For any customs duty and/or GST amount(s) outlaid by FMX on behalf of the Customer on an agreed credit term, a handling fee of minimum MYR50.00 or 2% of outlay per consignment (whichever is higher) shall be imposed.
15. The Customer has seven (7) days from the date of invoice receipt to dispute or reject FMX's invoices, failing which, all invoices received by the Customer shall be deemed perfected and accepted by the Customer. Certified true copies can be provided at a fee of MYR10.00 per document if so required.
16. The Customer has seven (7) days from the date of invoice receipt to dispute or reject FMX’s invoices, failing which, all invoices received by the Customer shall be deemed perfected and accepted by the Customer. Certified true copies can be provided at a fee of MYR10.00 per document if so required.

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