STANDARD 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.
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The Customer is deemed to be aware that its 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.
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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.
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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.
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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.
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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.
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The Express and Economy Express for both Domestic and International
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.
Volumetric weight (kg) = Length (cm) x Width (cm) x Height (cm)
/ 5000
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.
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The Customer must indicate the type of service required on the
consignment note as highlighted below. If the required service is
not indicated on the consignment note, FMX will conclude that the
Customer requires the Express service and the consignment 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.
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FMX does not accept consignments or shipments in which the delivery
address is a P.O. Box address.
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Request for a copy of the proof of delivery must be made within two
(2) months from the date of shipment, failing which, FMX shall be at
liberty to reject any request made by the Customer.
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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.
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The Customer shall insure/maintain a valid insurance cover for the
goods and shall waive/cause to waive the right of subrogation
against FMX. No insurance will be arranged upon express instructions
given in writing and payment for the applicable premium by the
Customer. All insurances arranged by FMX are subjected to the usual
exceptions and conditions of the policies of the insurance.
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Consignment invoice value of up to MYR2,000.00: MYR25.00 per
consignment
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Consignment invoice value of MYR2,001.00 to MYR5,000.00:
MYR35.00 per consignment
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Consignment invoice value of MYR5,001.00 to MYR20,000.00:
MYR100.00 per consignment
Below are the general guidelines for insurance coverage.
Interest Insured:
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On all General Goods of every description (except excluded
cargo)
- On all Household Goods & Personal Effects
- On Electronic & Electrical Products & Cameras
- On Computer Chip, Computer Hardware & Software
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On Bagged Cargo including Fertilizer, Additives, Cocoa & Coffee
Beans
- On Used Machinery, Equipment & Used Cars
- On Handphone
- On Cigarettes & Tobacco
Cargo Exclusion List:
- Antiques, Arts
- Bulk Cargo including cement, sugar, maize and the like
- Currency, Money, Notes, Securities, Shares and the like
- Gold, Silver, Bullion, Gems, Precious Stones & Jewelry
- Livestock
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Glass Products including Lamp / Light Fitting / Sheet Glass /
Crystals / Porcelain
- Temperature Controlled, Refrigerated or Frozen Goods
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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).
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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.
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The Customer agrees to pay outstanding invoices within the agreed
credit term and without any right to set-off or deduction, failing
which, FMX shall be entitled to impose a late payment charge at the
rate of 1.5% per month from the date the outstanding is due until
date of full realization.
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The Customer has fourteen (14) 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.