(Last updated May 2021)
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
- Reference to STANDARD JOY shall include STANDARD JOY’s appointed agents wherever situated.
- Any business undertaken by STANDARD JOY is carried out subject to the conditions hereinafter set out each of which shall be deemed to be incorporated by reference into any all agreements whether written or otherwise between STANDARD JOY and a customer. STANDARD JOY shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing and signed on behalf of STANDARD JOY by duly authorized officer thereof in the absence of any such written agreement to the contrary shall constitute the entire agreement to the contrary these conditions shall constitute the entire agreement between STANDARD JOY and each of its customers.
- STANDARD JOY is not a common carrier and will only carry documents or goods subject to these conditions herein, STANDARD JOY reserves the right to refuse the carriage or transportation of any documents or goods or class of document or goods for any person, firm, company, or entity at its absolute discretion.
- STANDARD JOY undertakes, subject to payment in accordance with notifies to the customer from time to time, to carry the customer’s documents or goods between destinations agreed between STANDARD JOY and customer(s).STANDARD JOY reserves the right to carry the customer’s documents or goods by any route and procedure and by any courier or successive and according to any handling, storage and transportation methods as STANDARD JOY thinks fit.
- STANDARD JOY reserves the right but not the obligation to inspect the goods or documents consigned by its customers to ensure that all such documents or goods are capable of carriage to the countries of destination within the standard operating procedures, customs declaration and handling methods of STANDARD JOY provided that in making this reservation STANDARD JOY does not undertake or represent that any particular item to be carried is capable and delivery without infringing the law of any county or state form, to or through which the item may be carried.
- Any rated quoted by STANDARD JOY to carriage are inclusive of local airport taxes but exclusive of any value added tax, duties, levies, impost, deposits or outlays incurred in respect of carriage of customer’s documents or goods. Should the customer indicate by endorsement in the space provided on the Consignment Note that the Receiver shall be liable for any customs duty, the customer shall be liable for such customs duty in the event of default in payment by the Receiver STANDARD JOY shall not be liable for any loss or damage incurred due to the customer’s documents or goods being impounded by customs or similar authorities and the customer shall indemnify STANDARD JOY for any fines penalties or loss suffered by STANDARD JOY in connection therewith.
- The making and packing of the customers’ documents or goods for transportation is the customer’s sole responsibility including the placing of the documents or goods in any container which may be supplied to the customer by STANDARD JOY accepts no responsibility for loss or damage to documents or goods caused by inadequate, inappropriate or defective packaging. It is the sole responsibility of the customer to address adequately and clearly each consignment of documents or goods to enable effective delivery to be made. STANDARD JOY shall not be liable for delay in forwarding for delivery resulting form the customers failure to comply with its obligations in this respect.
- STANDARD JOY shall not be liable for all or any losses, damages and expenses arising as a result of the customers failure to comply with the customer’s obligations under this Agreement or as a result of the customer’s negligence.
- The customer warrants that the customer is the true owner of the goods or documents consigned for carriage or is the duly authorized agent of the true owner and that it is authorized to accept and is accepting these conditions not only on behalf of itself but also as agent for and on behalf of all other persons who are or may hereafter become interested in the documents or goods. The customer hereby undertakes to indemnify STANDARD JOY against any damages, costs and expenses resulting form any breach of this warranty.
- STANDARD JOY shall be liable, subject to clause 11 hereof, for loss sustained by the customer due to damage or loss of the documents or goods whilst in STANDARD JOY custody provided that such loss or damage was due to the negligence of STANDARD JOY , it servants or agents, save as aforesaid STANDARD JOY shall be under no liability in respect of the documents or goods carried by it and in particular shall not be liable for consequential loss however arising. The parties agree that consequential loss shall be deemed to include without restriction commercial, financial or other direct loss including loss of interest, profit, markets and utility. STANDARD JOY shall not be liable for any loss of damage incurred by the customer due to any delay in the carriage of delivery of documents or goods which are beyond the control of STANDARD JOY or any loss or damage as a result of Act of God or any force majeure occurrence.
- The liability of STANDARD JOY shall be limited to the payment by STANDARD JOY by way of damages of a sum not exceeding RM200 or it equivalent per consignment of the value of consigned goods or documents whichever is lesser. For the purpose of establishing the amount of STANDARD JOY liability under this clause value of a document of the goods shall be ascertained by reference to their replacement or constitution value at the time and place of shipment without reference to their commercial utility to the customer and other items of consequential loss. Consequential loss herein shall bear the same meaning as in clause 10 hereof.
- Any claim brought by a customer against STANDARD JOY hereunder must be notified by the customer to an office of STANDARD JOY in writing within 14 days of the date when the documents or goods should have reached their destinations, after which date, no claim howsoever shall be entertained by STANDARD JOY. No claim shall be entertained until all outstandings due to STANDARD JOY from the customer have been fully settled. The amount of any such claim shall not be set off any amount owing to STANDARD JOY.
- STANDARD JOY will not carry the following goods, documents and materials listed herein and such other goods, documents and material which STANDARD JOY may notify the customer of from time to time dangerous, hazardous, combustible or explosive materials, prohibited drugs, gold and silver bullion, coin, dust, cyanides, precipitates or any form of uncoined gold and precious and semi-precious stones including commercial carbons or industrial diamonds, currency (paper of coin) or any nationality, negotiable securities, stocks, bonds, certificates, uncancelled postage or revenue stamps, war savings or thrift stamps, blank or endorsed cheques, letter, antiques, pictures, livestock, or plants and in the event that any customer should consign such items STANDARD JOY the customer shall fully indemnify STANDARD JOY for all claims, damages and expenses arising in connection therewith and STANDARD JOY shall have the right to deal with such items as it shall see fit including the right to abandon carriage of the same immediately upon STANDARD JOY having knowledge that such item infringes these conditions. The right on inspection referred to in clause 5 shall apply for the purpose of this clause.
- Customer are to arrange insurance coverage on the documents or goods consignment and STANDARD JOY is under no obligation to provide such insurance coverage.
- The terms and conditions herein shall apply to and incur to the benefit of STANDARD JOY and its authorized agents, officers, directors and employees.