SERVICE LEVEL AGREEMENT
IT IS HEREBY AGREED AS FOLLOWS:
Unless otherwise specified or the context otherwise requires, the following terms used in the Terms and Conditions shall have the meanings set forth below:
“We”, “Us” or “Our” means DD EXPRESS SDN BHD, its employees, sub-contractors and agents.
“You” or “Your” means the, Shipper, Consignor and named as the shipper in the Consignment Note.
“Shipper” means the person named as the shipper in the Consignment Note.
“Sender” means to the person who passes the shipment to us. Sender may not be necessarily the shipper.
“Consignee” means the person named as the consignee in the Consignment Note.
“Receiver” means to the person or party who receives the shipment.
“Shipment” means all packages or parcels tendered to and accepted by us for carriage under a single Consignment Note.
“Consignment Note” means any waybill or equivalent document in paper or electronic form concerning the Shipment.
“Terms and Conditions” means these standard terms and conditions, as may be amended or supplemented by us from time to time.
“Working Day” means Monday to Saturday, excluding National Holidays of Malaysia. Nevertheless, if such National Holiday is on Monday as a substitution of another National Holiday falling on previous Saturday, it is considered as a Working Day
ACCEPTANCE OF OUR TERMS AND CONDITIONS
By ordering our services or delivering the Shipment to us, is agreeing on behalf of the Shipper, the Consignee and any other person having or claiming an interest in the Shipment, that you and such person shall be bound by the Terms and Conditions.
This Agreement shall be valid and enforceable during the date of Consignment Note until the date of completion of Consignment Note.
The following items are restricted or prohibited for shipping and you agree not to tender any of the following items for shipment:
Arms, simulation weapons, ammunition, controlled knives, and explosive articles.
Inflammable articles, explosive articles.
Oxidizing agents and peroxides.
Narcotic drugs and drug taking tools, stupefacient and psychoactive drugs that are in improper use and precursor chemicals and toxic substances that are in improper use.
Biochemical, epidemic and infectious materials.
Radioactive substances and radioactive substances.
Illegal counterfeit products such as counterfeit or altered currency, marketable securities, certificates, and official seals.
Currency and negotiable securities.
Articles that infringe intellectual property rights, and counterfeit and shoddy products.
Illegal counterfeit products such as counterfeit or altered currencies, marketable securities, certificates, and official seals.
Animals and plants, especially those endangered wild animals and plants as well as their products.
Food, drugs or other articles that are hazardous to human and animal health and may spread disease from infected areas.
Cigarettes and tobacco, tobacco products, and liquor.
Valuables (such as artworks, antiques, gems, and precious metals including gold).
Refrigerated parcels that are not well packed in Polystyrene Box and Ice Bag
Other articles prohibited from mailing under other laws and regulations.In addition to the above prohibited or restricted articles,DD has the rights of rejecting mailing and/or temporarily stopping mailing the following articles:
Packages without detailed contact information about the shipper and receiver.
Articles which are inappropriate for mailing, with improper mailing mode, improperly described, classified, packaged, or labeled, and without necessary certificates as deemed by DD .
Articles which may endanger the safety of transportation vehicles or personal safety due to their own or package features as judged by DD .
Articles which are not suitable for mailing from the perspective of economics or operations as judged by DD .
It is the obligation of the shipper to obey the applicable laws, regulations, and government regulations of the origin and destination countries/regions, and articles prohibited or restricted from mailing in different countries and regions may vary. Therefore, in addition to the above standards of articles prohibited/restricted for mailing, the shipper is suggested to refer to the list of prohibited/restricted articles from import/export specified by the origin and destination countries or regions districts.
Notwithstanding any other provisions herein, we shall not be liable to any loss, damage or delayed delivery to any items listed in Section 3.1.
You shall indemnify us for any and all claims, costs, and expenses incurred by us as a result of your violation of any laws and regulations or from tendering of any items listed in Section 3.1.
For all avoidance of doubt, we accept Temperature Controlled Delivery subject to the following:-
Temperature range during transportation:
Refrigerated storage (0-5℃); Frozen storage (-15℃≤-18°C)
Allow seafood, dessert, pre-cooked food, freshly made ramen, frozen sauce and many others.
The items must be pre-cool before being collected.
Your products must be compatible with the temperature available to us.
Box dimensions available are size 125 , 135 , 148.
Packaging must be strictly in Polystyrene Box with ice bag only and we are not liable for defrost cause by packaging other than Polystyrene Box without ice bag
Only 1 type of temperature controlled item is allowed in 1 box. Mixture is not allowed
The shipment weight shall not exceed 25 KG per piece (packaging materials included) and multi-piece shipments are allowed.
SHIPPER’S WARRANTIES AND INDEMNITIES
The Shipper shall indemnify and hold us harmless for any loss or damage arising out of the Shipper’s failure to comply with the following warranties:
The Shipment does not contain any item listed in Section 3.1;
All information provided by the Shipper or its representatives is accurate and complete;
The Shipper has complied with all applicable customs, import, export and other laws and regulations;
The Shipment is suitably and adequately packed and labelled to protect against damage during the course of delivery.
The Shipper shall provide correct information required in the Consignment note, including without limitation:
Shipper’s name, address (including postal code) and contact number;
Consignee’s name, address (including postal code) and contact number;
Information of the shipment, e.g. number of packages, declared value;
Important information including but not limited to the actual value and description of package(s) and/or contents.
Service type; and
Other special instructions, if any.
For security reasons, the Sender is required to provide a personal identity document (e.g. Malaysia ID Card, Passport) to our staff for record.
International shipments must be cleared through customs in the destination country prior to delivery to the Consignee. We are authorized (but shall be under no obligation) to advance any duties, taxes, or charges and to make any disbursements with respect to the Shipments and you shall be liable for the reimbursement thereof.
The Shipper shall be responsible to provide correct information and all necessary documentation required for customs clearance. If the Shipper fails to provide the information and documentation within such reasonable time as we may determine, the Shipment will be considered undeliverable.
DELIVERY OF SHIPMENT
The delivery is deemed to be completed when the Shipment is delivered to the Consignee’s address specified in the Consignment Note, but not necessarily to the named Consignee personally.
If the Consignee is not available at the address, we may deliver the shipment to any person available at the Consignee’s address (e.g. co-workers, family members, etc.). Shipments to addresses with a central receiving area may be delivered to that area, for instance, juristic office, management office, reception of the consignee’s address. For the safety of the shipment, we will not deliver a shipment to a location without any receiver, even upon the request of the Shipper and/or Consignee.
We will not deliver the Shipment to an address different from the Consignee’s address specified in the Consignment Note unless with the instruction from the Shipper. Consignee shall contact the Shipper for such request.
In the case of Temperature Controlled Delivery, the refrigerated parcels picked up will be kept in the cool room or freezer before transit or last mile delivery on the next schedule. The refrigerated parcels in-transit to destination would be via refrigerated vehicles or containers. The refrigerated parcels of last mile delivery would be via refrigerated vehicles, ambient truck, van, car or others.
PROOF OF DELIVERY
Signature / Name and IC/Passport from the Consignee will be required as a proof of delivery.
In case the Receiver is not the Consignee, our courier will use reasonable endeavors to ascertain the identity of the receiver. The Receiver’s own signature will be required as the proof of delivery.
Under special circumstances where signature cannot be obtained, there will be a remark by our couriers. Signature may not be obtained for various reasons, including but not limited to, physical inability of the Receiver. Proof by way of picture, name and ic of the person receive the Shipment shall be signature required.
Unsuccessful delivery may occur due to various reasons such as:
The Consignee refuses to take delivery;
The Consignee cannot be reasonably identified or located;
No appropriate person is present at the Consignee’s address to take delivery;
The shipment is pending for action from Consignee (e.g. return call to confirm delivery, pick up shipment at our service point, delivery postponed, etc.)
Upon the estimated delivery date, in case of unsuccessful delivery on the first attempt, we will attempt to re-deliver the Shipment in 2 other Working Days within the next 7 Working Days without additional charge (i.e. a maximum of 3 delivery attempts will be made). If the Shipper has chosen to opt out of the “Saturday Delivery” service, Saturdays will be excluded while calculating Working Day under this Section.
If we believe that the Consignee’s information provided by the Shipper is inaccurate or incomplete, we will put the Shipment on hold and seek Shipper’s further instructions.
In the case of Temperature Controlled Delivery, any unsuccessful delivery/delay/undeliverable refrigerated parcels will be kept in a cool room and freezer for the next delivery schedule.
A ‘Delayed Delivery’ refers to a completed delivery which is beyond the estimated delivery date. Estimated delivery dates provided are estimates only and are not guaranteed.
While we will make reasonable efforts to deliver the Shipment according to our delivery schedule, time shall not be of the essence in respect of the delivery of Shipment and we shall not be liable to any direct or indirect damages or losses caused by delays in delivery.
UNDELIVERABLE SHIPMENT AND RETURN SHIPMENT
A shipment is considered as “undeliverable” in certain circumstances, for instance:
All attempts of re-delivery are unsuccessful;
Shipment cannot be delivered successfully within 7 Working Days upon estimated delivery date;
Shipper fails to provide further instruction upon our request; or
Shipper requests to cancel the delivery and/or return the Shipment for any reason.
Undeliverable shipment will be returned to the Shipper at the Shipper’s cost, failing which the Shipment may be released, disposed of or sold by us without incurring any liability to the Shipper or anyone else, with the proceeds applied against service charges and administrative costs and the balance of the sales proceeds to be returned to the Shipper (if any).
All delivery fees and other charges paid for the Shipment are non-refundable.
The Shipment may either be delivered to the Shipper’s address directly, or to one of our service points designated by the Shipper for Shipper’s collection.
If the returned Shipment will be delivered the Shipper’s address, the provisions under Sections 6 to 9 shall apply.
If the returned shipment will be collected at the Shipper’s designated service point, we will contact the Shipper on the day of its arrival and the Shipper shall collect such Shipment within seven (7) Working days, failing which the Shipment may be released, disposed of or sold by us without incurring any liability to the Shipper or anyone else without further notice, with the proceeds applied against service charges and administrative costs and the balance of the sales proceeds to be returned to the Shipper (if any).
DELIVERY FEE AND OTHER CHARGES
Delivery Fee shall be paid by the Shipper and is calculated based on the following methods:
Dimensional weight, or
Comparison of the size of the Shipment (sum of length, width and height) and its weight. For this method, different sizes and weights have different price brackets and the actual Delivery Fee of the Shipment depends on the price bracket of its size or weight, whichever is higher.
Other charges, e.g. Pick-up Surcharge, Insurance Surcharge, Saturday Delivery Surcharge, Manpower Surcharge, Return Surcharge, Special Express Service Surcharge, etc., may also apply to your Shipment. All charges are subject to change without prior notice.
The delivery status of the shipment can be tracked and traced at http://tracking.dd.express/v2 and/or by contacting the hotline 03- 7499 7232 Any inquiries of the delivered Shipment must be made within 14 days from the date of delivery.
ADDRESS CORRECTIONS AND RE-ROUTING
If a Shipper fails to provide a complete or correct Consignee’s address, we may attempt to find the correct address and deliver the Shipment. Should it be unsuccessful, we will attempt to contact the Shipper for instructions. If re-routing is required after the correct address is provided by the Shipper, extra surcharge may incur.
If the Consignee requests for change of delivery address, Consignee shall contact the Shipper who shall give us instructions for re-routing.
All re-routings are subject to payment of surcharges.
RIGHT TO INSPECT
We reserve the right to open and inspect a Shipment without notice to you for safety, security, customs or regulatory reasons.
Likewise, there are occasions that government officials may require to open and inspect certain Shipments. We need to fully comply with such instructions. Prior notice to the Shipper or Consignee is not necessary.
DDE;s liability for claims of direct losses for damaged or missing Items, damage or loss caused by delivery not in accordance with Address and damage or loss which occurs before item is delivered to the Address, is limited to the following:
The actual amount of loss or damage suffered, based on content and actual value of content that has been declared, a maximum of MYR100.00 for documents or parcels weighing below 2kg / MYR100.00 for documents or parcels weighing 2kg or more, subject to whichever is lower (“Maximum Liability Limit”),
Limited to one (1) claim per dropped off Item only but not exceeding the Maximum Liability Limit of DDE
We shall not under any circumstances be liable for:
Any loss or damage for any Shipment containing items listed in Section 3.1;
Any loss or damage arising from delayed delivery of any shipment;
Any loss or damage of any shipment due to circumstances beyond our control (see Section 17); or
Any indirect or consequential loss or damage.
Any loss for any shipment that have fluctuating price tag.
Any damage for Frozen Shipment pack without Polystyrene Box and Ice Bag
We are not responsible for the purchase insurance coverage for the delivery of item mentioned above.
If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or the Montreal Convention, as applicable, shall govern. These international conventions limit our liability for loss or damage or any other claim with regard to any Shipment, unless you declare a higher value for carriage and pay the required surcharge.
CIRCUMSTANCES BEYOND OUR CONTROL
We are not liable for any loss or damage arising out of circumstances beyond our control. These include but are not limited to:
Damage of data due to magnetic effects of other shipments;
Any act or omission by a person not employed or contracted with us, e.g. Shipper, Consignee, third party, customs or other government official;
Force Majeure, e.g. war (declared or undeclared), coups, rebellions, revolts, terrorism, hostage-taking, bombings, or use of war weapons, or any reaction thereto, including commandeering of materials, workforce strike action, pandemic, Act of God (such as floods, earthquakes, storms, etc.).
DAMAGE / PARCELS LOST CLAIMS
Claim on damage/lost to the parcel or its content can only be claimed by the sender or the representative who has been authorised in writing by the sender.
The claim application together with required physical and effective proof and any other necessary documents for damages or lost must be completely filled up and submitted within 48 hours upon receiving the items.
As for Temperature Controlled Delivery any claim must be made within 1 hours upon receiving the items.
The required documents include
Copy of bank account statement
Copy of the consignment bill
Original tax invoice to verify actual price of the content
Tax invoice of consignment bill (if have)
Identity card of applicant which has been certified true copy or a copy of business registration certificate (SSM) if the claimant is a business entity
Insurance claim form and documents required by insurance company (for insured items)
Any other required supporting documents, email to customer service centre of DDE at [email protected]
Claims are limited to one claim per Consignment Note.
We will not act on any claim until you have paid all transportation charges, and you may not deduct the amount of your claim from those charges.
We reserve the right to recall the damaged Shipment from you as a condition of compensation.
Each of the Parties hereby undertakes to keep confidential all information (written or oral) concerning the personal information it shall have obtained or acquired or received as a result of performance of the terms and conditions of this Agreement.
The Terms and Conditions shall be governed by the laws of Malaysia and the parties irrevocably submit to the exclusive jurisdiction of the courts of Malaysia.
Time shall be of the essence of Agreement.