Terms of International Cargo Transportation

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  • Terms of International Cargo Transportation
  • Article 1 Definitions

    The definition of each term used in these Terms is as below:

    1. “Carrier” includes the air Carrier issuing the air waybill and all Carriers that carry or undertake to carry the cargo or to perform any other services related to the relevant air carriage, and it refers to Qxpress.

    Qxpress herein collectively refers to the corporations of Qxpress located in each country such as Singapore, Korea, Japan, China and the U.S. A.

    2. “Air Waybill” (hereinafter referred to as “Waybill”) refers to the deed which evidences the carriage contract between the Shipper and Qxpress made out by the Shipper or by Qxpress on behalf of the Shipper for international cargo transportation, and it includes any type of label, waybill or consignment note produced from the automated equipment of Qxpress, which is subject to these terms.

    3. “Carriage”, which is equivalent to the term “Transportation”, means international transportation of cargo by air carriage, land transport or by any means of transport including marine transport, whether gratuitously or for reward, referring to all the acts that deliver the cargo to the Consignee designated by the Shipper after carrying the cargo from the point of pickup of the country designated by the Shipper to the point of delivery of the country designated by the Shipper.

    4. “Cargo” means goods consigned to Qxpress for international cargo transportation by the Shipper.

    5. “Shipper”, which is equivalent to the term “Consigner” means the person whose name appears on the waybill, as the party contracting with Qxpress for the carriage of cargo.

    6. “Consignee” means the person whose name appears on the waybill as the party to whom cargo is delivered from the Carrier.

    7. “Country” includes all the territories under the sovereignty, suzerainty, mandate, trusteeship or their power.

    8. “Pick-up Center” means a place established in the destination country or departing country in which cargoes are picked up for international cargo transportation.

    9. “Pick-up Service” means the surface carriage of the international transportation service for outbound shipments from the point of pick-up to the airport of departure.

    10. “Delivery Service” means” means the surface carriage of the international transportation service for inbound shipments from the airport of the destination or the pick-up center of the destination country to the address of the Consignee or that of his designated agent or to the custody of the appropriate government agency when required.

    11. “Freight Rates” means the unit rate set up for calculation of freights. It is set up on the basis of the weight (or volume) of cargo, and they are announced by the Table of Freight Rates usually used by Qxpress.

    12. “Tariff” means the announced freight rates and freights and the regulations related thereto, forming the integral part of these Terms.

    13. “Days” mean the total number of calendar days including holidays: Provided, that, in calculating the number of days for notification, the date of notification is not included, and if the end date of the notification period is a holiday, the period shall expire on the following day.

  • Article 2 Application of Terms

    1. Application

    These Terms shall apply to international cargo transportation of Qxpress.

    2. Change without Notice

    While these terms and the provisions the applicable tariff are subject to change without notice except to the extent otherwise provided by applicable laws or government regulations or order, such change shall be based on the announcement in the homepage at lese 1 week from the time of change; provided however that no such change after the date of issuance of the waybill shall apply to the relevant contract of carriage.

    3. Effect

    All carriage of cargo shall be subject to the Terms and the provisions of the applicable tariff effective on the date of issuance of the waybill. In the event of any inconsistency between these Terms and Carrier’s Rules, what is provided in the Terms shall prevail.

  • Article 3 Services Provided

    1. Cargo shall be deemed to have been accepted by the Consignee designated by the Shipper at the time (time of completion of acceptance in the event of acceptance by visit of the staff of Qxpress) it is accepted in the pick-up center of Qxpress.

    2. Where Qxpress has determined that the volume, contents and price, etc. of the carto are inappropriate for performing international cargo transportation, pick-up and delivery service, it may refuse to provide the relevant service.

    3. Qxpress may entrust the relevant carriage and delivery to another agency as the agent of the Shipper or Consignee, or at the cost of the Consignee.

    4. Qxpress shall use every appropriate endeavor to pick up the cargo at the address of any Shipper and deliver such cargo to the address of the Consignee.

  • Article 4 Preparation of Waybill

    1. Preparation of Waybill by Shipper

    The Shipper shall make out a waybill in the form, manner and number of copies prescribed by Qxpress, and shall deliver such waybill to Qxpress simultaneously with the acceptance of cargo by Qxpress for carriage, and where Qxpress has made out a waybill on behalf of the Shipper, it shall correctly submit all the information using the means such as electronic data, etc. in order to prevent the entries or details of entries therein to be illegitimate or incorrect.

    The Shipper (customer) shall correctly enter for the following sections of the waybill:

    (1) Address, name or trade name, and telephone number of the Shipper;

    (2) Address, name or trade name, and telephone number of the Consignee;

    (3) Name of goods, quantity and price of goods of the cargo; and

    (4) Special precautions in carriage.

    2. Preparation, Completion or Correction of Waybill by Qxpress

    Qxpress may at the consent of the Shipper, expressed or implied, make out the waybill. In such event, subject to proof to the contrary, the Shipper shall be deemed to have made out the waybill. If the waybill handed over with the cargo does not contain all the required particulars, or if the waybill or such particulars or statements contain any error, Qxpress is authorized to complete or correct the waybill to the best of its ability without being under any obligation to do so.

    3. Responsibility for Particulars

    The Shipper shall be responsible for all damages incurred by Qxpress and other interested parties by reason of the irregularity, incorrectness, or incompleteness of the particulars and statements, whether the Shipper has made out the waybill or Qxpress has made out the waybill on behalf of the Shipper.

    4. Alteration of Waybill

    Waybills, the writing on which as been partly damages or altered by any person other than the Carrier, need not be accepted by Qxpress.

  • Article 5 Acceptance of Cargo for Carriage

    1. Packing and Marking of Cargo

    Cargo shall be packed in an appropriate way so as to ensure that the cargo can be carried safely with the procedures for ordinary care in handling and it does not injure or damage any persons, aircraft, any other cargo or property. Each package shall be legibly and durably indicated with the respective address and name of the Shipper and Consignee.

    2. Cargoes Prohibited for Consignment

    Qxpress does not accept carriage for the following cargoes:

    1) Where the transportation, or importation or exportation of the relevant cargo is prohibited by the laws or regulations of any country to be flown from, to, over, or stop over;

    2) Where the relevant cargo has been classified as harmful substance, dangerous cargo, or goods (“dangerous goods”) subject to prohibition or restriction prescribed by International Air Transport Association (IATA), International Civil Air Organization (ICAO), or any other relevant organizations;

    3) Where the requisite shipping documents for the relevant cargo are not accompanied;

    4) Where the relevant cargo is likely to endanger any persons, aircraft, any other cargo or property, or cause annoyance to passengers;

    5) Counterfeits, animals, gold bars, cash, marketable securities, precious metals, weapons, explosives, human remains, pornography or drugs, etc.;

    6) Where the weight of 1 pack of the relevant cargo exceeds 30kg;

    7) Where the length of the longest side of 1 pack of the relevant exceeds 150cm, or the total length of the width, length and height of 1 pack of the relevant cargo exceeds 160cm; or

    8) Where the relevant cargo contains other goods which are deemed impossible to be safely or legitimately transported such as cargoes which are perishable or need heat insulation.

    3. Liability for Non-observance of Transportation Conditions

    The liability for non-observance of the carriage conditions for cargoes prohibited for consignment shall be borne by the Shipper, and the Shipper shall indemnity, defend, and hold harmless Qxpress from any damage whatsoever as a result of or arising out of such carriage. Where it is impossible to deliver any cargo to the Consignee, Qxpress shall return the cargo to the Shipper by payment on delivery.

    Where the Shipper refuses return or it is impossible to return to the Shipper, Qxpress has the right to dispose the relevant cargo. The Shipper shall pay for all the costs such as return freight, customs duty, tax, storage fee and disposal fee incurred in the process of return and disposal of the carto.

    4. Inspection of Cargo

    Qxpress reserves the right to examine the contents of the contents after opening cargoes, but Qxpress shall be under no obligation to do so. In addition, such act of inspection does not warranty that carriage of the relevant carto does not violate the laws or regulations of any country to be flown from, to, over, or to stop over.

  • Article 6 Freights and Charges

    1. Applicable Rates and Charges

    Rates and charges for carriage governed by these Terms shall be based on the rates and charges of the freight tariff separately prepared by Qxpress and the Shipper. Changed freights shall be deemed to be replaced with those announced in the homepage of Qxpress.

    2. Transportation Services Not Included in the Announced Rates

    Unless otherwise specified in the applicable tariff, the announced rates shall not include the charges for the following services:

    1) Customs tax, value-added tax, excise tax, fees and penalties including taxes and public utilities’ charge, etc.;

    2) Expense for renovation and repair of cargo packing;

    3) Expense for returning cargo to the departing place; and

    4) Other service charge;

    3. Basis of Freight and Charge

    Freight of cargo shall be based on the bigger between the actual weight and volume weight.

    Where the forwarded cargo exceeds the size or weight of the limit of standards of the delivery type designated by the Shipper, it may be automatically changed to another delivery type, and the freight for the changed delivery type shall be invoiced to the Shipper.

    The Shipper shall be deemed to entrust measurement of the cargo size to Qxpress by consigning the cargo, and where the delivery type is changed according to the metering, any difference in the delivery charge shall not be refunded.

    4. Applicable Section

    Unless otherwise specified in the applicable tariff, the rates and charges shall only apply to the carriage from the acceptance at the place of acceptance designated by the Shipper to the delivery to the Consignee at the place of delivery designated by the Shipper.

    5. Declaration of Value for Carriage

    The Shipper shall declare the value for carriage for all cargoes in the waybill, and such declaration of the price for carriage shall be based on the CIF value (cost, insurance, and freight terms).

    6. Payment of Freight and Charges

    1) Freight and charges shall, as the total freight and charges, include freight, customs clearance fee, storage charges, domestic charges and all fees.

    2) The total amount of freight and charges, or the fees, utilities, taxes, charges and advances, made or incurred or to be incurred by Qxpress and any other sums payable to Qxpress, will be deemed fully earned, whether or not the cargo is lost or damaged, or fails to arrive at the destination port specified in the waybill.

    3) The Shipper shall guarantee payment of all freight and charges, and all expenses and penalties were paid or will be incurred by Qxpress by reason of any of the following subparagraphs:

    A. Illegal inclusion in the cargo of articles the carriage of which is prohibited by law;

    B. Illegal, incorrect or insufficient packing, addressing or marking of packages or description of the carto;

    C. Absence of any export license or any required certificate or document;

    D. Improper customs valuation; or

    E. Incorrect statement of weight or volume.

    4) By taking delivery of the cargo or exercising any other right arising from the contract of carriage, the Consignee agrees to pay all unpaid freight and charges, expenses, fines and penalties, etc., unless prepaid by the Shipper. However, such agreement does not release the Shipper from the obligation for payment of the relevant amount. Qxpress shall have a lien on the cargo for each of the foregoing and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale (provided that prior to such sale Qxpress shall have noticed thereof to the Shipper or to the Consignee in the ordinary manner at the address stated in the waybill) and to pay itself out of the proceeds of such sale any and all such amounts.

    5) The type of payment of freight may vary depending on the platform to be used. For smart delivery service, freight shall be deducted by charged QxMoney, and in the situation in which Qxpress has to refund the delivery charges to the Shipper, payment for the compensation may be made by QxMoney.

    7. Policy for Charges and Prepaid Charge Money (QxMoney)

    1) The prepaid charge money for using the services provided by the Company may be purchased in any of the following means:

    A. Credit card payment; or

    B. Any other means provided by the Company.

    2) The payment means for the prepaid charge money provided by the Company may be changed according to the Company policy. In the event of change thereof, it shall be announced by notice:

    3) Refund

    A. If a portion of the amount is used after QxMoney top-up, partial refunds for the remaining QxMoney balance are not permitted.

    B. If you withdraw from the Qxpress service, you can get a refund of the remaining QxMoney balance refund amount after deducting a 10% fee.

  • Article 7 Delivery of Cargo

    1. Notice of Arrival

    Qxpress has no obligation for notice of arrival to the Consignee.

    2. Place of Delivery

    Unless otherwise previously agreed upon between the Shipper or Consignee and Qxpress, the Consignee shall accept delivery of and collect the shipment at the address specified in the waybill.

    3. Delivery to Consignee

    Delivery of the cargo shall be made only to the Consignee specified in the waybill: Provided, that if there is no Consignee at the designated place or if it is impossible to make delivery to the Consignee, unless there is any special contract with the Consignee, delivery of the carto to the Consignee shall be deemed to have been validly performed by delivering the cargo to its agent or any person considered as its agent (person accepting the cargo for the Consignee such as the manager, a family member, or a colleague of the Consignee).

    4. Obligation of Identification at the time of Acceptance by Agent

    When the cargo is delivered to the Consignee’s agent or any person considered as its agent, Qxpress shall identify who has actually taken delivery of the cargo. Where there is a request from the Shipper, Qxpress shall prove who took delivery of the cargo.

    5. Refusal to Take Delivery by Consignee

    1) If the Consignee refuses to take delivery of the shipment after its arrival at the place of delivery, Qxpress will endeavor to comply with any instructions of the Shipper set forth on the fact of the waybill. If such instructions are not set forth or cannot reasonably be complied with, Qxpress shall notify the Shipper of the reason for the Consignee’s failure to take delivery, and may sell the shipment in one or more lots at public or private sale after taking into custody of the shipment for at least 90 days.

    2) The Shipper shall be liable for all charges and expenses resulting from or in connection with the failure to take delivery of the shipment. If the shipment is returned to the pick-up center of Qxpress in the departing country and the Shipper refuses to make payment or neglects to make such payment within 15 days after such return, Qxpress may dispose of the shipment or any part thereof at public or private sale after giving the Shipper 10 days’ notice of its intention to do so.

    3) In the event of the sale of the shipment as provided for above, Qxpress is authorized to pay to itself and other transportation services out of the proceeds of such sale all charges, advances and expenses of Qxpress and other transportation services plus costs of sale, holding any surplus subject to the order of the Shipper. The sale of the relevant shipment, however, shall not discharge the Shipper of any liability to pay any deficiencies for the liability to pay the deficiencies to Qxpress.

  • Article 8 Scope of Liability of Qxpress

    1. Unless it has been proved that damages due to any breakage or loss of the cargo were caused by the willfulness or negligence of Qxpress, Qxpress is not liable for any damages of the Shipper, Consignee or any other persons.

    2. Where the breakage or loss of the cargo is proved to be liable by Qxpress, Qxpress may compensate within the limit of USD100 per cargo, and shall compensate within the extent of the actual amount of damages with the limit of the lower the export declaration price or import declaration price. The limit of compensation for a certain forwarding section may be lower. In addition, compensation of the cargo which is sent via the post office after being picked up by Qxpress shall be made in accordance with the Regulations for Compensation for Damages publicly announced by the post office.

    3. The liability of Qxpress for compensation for part loss of damage to the cargo shall be extinguished if the Shipper has not notified the fact of part loss or damage within 7 days from the date the Consignee has accepted the shipment.

    4. The Carrier shall not be liable for any damages directly or indirectly incurred due to any reason beyond the control of Qxpress as Qxpress complies with the applicable laws, government regulations, orders or instructions, or due to failure to comply with such applicable laws, government regulations, orders or instructions by the Shipper, Consignee or any other person.

    5. Qxpress shall not be liable if it has been proved that any breakage, loss or damage has result from the inherent defect or characteristics of the cargo. The Shipper shall comply with the standards of the guidelines for packing published in the homepage of Qxpress, and Qxpress is not liable for any cargo which is not packed in accordance with the guidelines for packing.

    The Shipper and Consignee shall indemnify for loss and expense incurred by Qxpress due to Shipper’s failure to comply with this provision.

    6. Qxpress shall be responsible for carriage of the relevant cargo after the cargo has arrived at the pick-up center of Qxpress.
    Request for investigation on stocking may be received within 14 days after the date of forwarding of the cargo by the Shipper, for which the Shipper shall provide the materials necessary for the investigation such as the means of forwarding (parcel service, pick-up), list of order numbers of comingled packing, etc.
    Where 14 days have elapsed after the date of forwarding by the Shipper or the Shipper has failed to supply sufficient materials, Qxpress may refuse the request for investigation and is not responsible for any unstocked cargo.

    7. Qxpress shall not be liable for losses or damages resulting from any of the following situations beyond its control:

    1) Force majeure (earthquakes, storms, floods, fog, wars, plane crash, blockade of entry and departure, riots, strikes, etc.);

    2) Nature, defects, characteristics or potential defects of the carto;

    3) Any losses and damages caused by any action or no action or omission of the Shipper, Consignee or any third parties, etc.;

    4) Any damages to or deletion of electronic products or photographic images, data, records, etc. by electric or magnetic force;

    5) Where any counterfeits of brand products or goods restricted by animal quarantine and plant quarantine have been scrapped or returned after adjudication of prohibition of importation; or

    6) Where any damages such as overpayment of customs duty has been incurred due to any error in submitted data.

  • Article 9 Compensation for Damages

    1. Receipt by the person entitled to delivery of the cargo without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the contract of carriage.

    2. In the case of any loss of or damage to the cargo, the person entitled to delivery of the cargo shall submit the description of the claim for damages to the Carrier in writing or e-mail:

    1) in the case of any damage to or partial loss of the cargo, immediately after its discovery and at the latest within 7 days of the date of receipt of the cargo;

    2) in the case of non-delivery of the cargo including total loss, within 14 days of the date the cargo ought to have arrived at destination: Provided that in the case of the post office service (EMS, K-packet, etc.), within 60 days.

    3. Qxpress shall not be liable in any event for any indirect including, but not limited to, loss of business, interest, utility, decrease in marketability, etc. caused by breakage or delay, etc. of the cargo, whether or not Carrier had knowledge that such loss or damage might be incurred.

  • Article 10 Applicable Laws

    1. The provisions applied in these Terms, waybill or otherwise are in violation of the applicable laws, government regulations, orders or instructions, such provisions shall be valid within the extent not violating the applicable laws, government regulations, orders or instructions.

    2. If any dispute arises out of or in connection with any matters not provided for in these Terms, such dispute shall be resolved by mutual agreement in good faith between the Parties, and if any agreement cannot be reached, such dispute shall be handled in accordance with the relevant laws and regulations.

    3. Any dispute or lawsuit arising between the Parties shall be governed by the applicable laws of the departing country.

  • Article 11 Disclaimer and Waiver

    The Company facilitates the movement of goods, services and technology for its customers (the “Services”), all of which are subject to various export control laws and regulations of various jurisdictions, including but not limited to those imposed by the United States Department of Commerce and the United States Department of State, and similar laws and regulations in other applicable jurisdictions (“Export Laws”). Such Export Laws limit the shipment of goods, services or technology to certain individuals, companies and organizations and limit the delivery or facilitation of the delivery of goods, services or technology to certain countries and regions and have licensure or other approval requirements for shipment. The Company takes the compliance with such Export Laws seriously and has taken various measures to ensure that it is in full compliance with such laws and regulations. However, it is a condition for the Services provided by the Company, that the customer complies with all Export Laws, and understands that the Company shall not be responsible for any violations thereof.

    The customer certifies that they are aware of and in compliance with all Export Laws and has the sole responsibility for obtaining any required export licenses, permits or approvals. By requesting the Services, the customer certifies that it has the sole responsibility for, and shall assume any liability for violations of any Export Laws and shall indemnify and hold harmless the Customer, its officers, employees and agents from any claims, liabilities, fines penalties or loses arising from any violation of such laws.

    The Company reserves the right to report any suspected violations of Export Laws by the customer to the relevant regulatory authorities, including but not limited to: (i) The United States Department of Commerce, specifically the Bureau of Industry and Security (BIS), (ii) the United States Department of State, specifically the Directorate of Defense Trade Controls (DDTC), (iii) appropriate authorities within the European Union and (iv) any other applicable national and international regulatory bodies.