When you are ordering the TA-Q-BIN Serviceyou are agreeing, on your behalf and on behalf of anyone else with an interest in the deliveryitem (“Delivery Item”),to be bound by the Standard Terms and Conditions set out herein. Yamato reserves the right to add, amend or vary any Standard Terms and Conditions without any notice to you and the Standard Terms and Conditions are also subject to any applicable laws, rules and regulatory in Malaysia.
The latest Standard Terms and Conditions can be obtained from Yamato’s designated branches, offices and agents’ offices providing TA-Q-BIN Service.
You hereby agree that you have applied for use of the TA-Q-BIN Service on these Standard Terms and Condition. The consignment note, waybill or invoice (the “Consignment Documents”) issued to you by Yamato in connection with your application for use of the TA-Q-BIN Service shall incorporate these Standard Terms and Conditions.
- You shall ensure that the Delivery Item is packed in a case, wrapper or container appropriate to the nature and weight of the Delivery Item such that no part of the Delivery Item may be removed without the case, wrapper or container being torn or broken, a seal being broken or two adhesive surfaces being forced part. In the event that packing of the Delivery Item is deemed by Yamato to be unsuitable for transportation, you shall, upon notification by Yamato, re-pack the Delivery Item in a suitable case, wrapper or container in accordance with Yamato’s directions, failing which Yamato will re-pack the Delivery Item at your sole expense.
- You shall ensure that the Delivery Item is adequately packed in a case or container of sufficient durability and strength so as to protect against damage to it during the course of delivery and shall be encased in or surrounded by sufficient and suitable protective material inside that case or container and that such Delivery Item shall bear the words "FRAGILE WITH CARE" in the case of a Delivery Item of a fragile nature and "DO NOT BEND" in the case of a Delivery Item which is susceptible to damage by bending, prominently displayed in capital letters on the face of the case or container and above the address of the named addressee.
- Delivery Item which is non halal is excluded from the Cool TA-Q-BIN service. Cool TA-Q-BIN service comprises two types of temperature management systems, namely a refrigerated system with a standard temperature of 0 degree C to 10 degrees C , and a frozen system with a standard temperature of -15 degrees C or lower.
Yamato’s Right to Inspect Contents
Yamato may, at any time, in its absolute and sole discretion, open and inspect the contents of the Delivery Item for any reason whatsoever including but without limitation the verification of the contents of the Delivery Item. If upon such opening and inspection, the description and declaration of the contents of the Delivery Item is verified as being incorrect or misleading, Yamato may, in its absolute and sole discretion, refuse to accept such Delivery Item without giving any reason or it may revise the shipment charges applicable to the contents discovered.
Refusal of Shipments
- You hereby agree and acknowledge that Yamato may decline to deliver any item where Yamato is of the opinion that it is unable to deliver any item safely or legally including but without limitation the following items;
- explosives, firearms or other offensive weapons, flammable or hazardous materials, poisonous or infectious substances, blood or blood products (whether infectious or not), dangerous or undesirable goods or all items prohibited by the International Air Transport Association, the International Civil Aviation Organization or any relevant government authority or under any applicable law or regulation;
- human or animal remains, memorial tablets or any items for use in religious ceremonies;
- live animals;
- credit cards, debit cards or cash cards;
- currency, or any bearer form negotiable instruments;
- personal documents issued by government authorities such as identification cards, passports, driver’s licences, birth certificates etc.;
- original copies of any record, drawing, document or electronic recording of which duplicates or copies have not been made and kept by you;
- documents containing a substantial amount of confidential information;
- precious metals and stones;
- illegal narcotics or drugs; or
- any package (or its contents thereof) of a value exceeding RM4,000.
- In the event that Yamato discovers during the course of delivery that a Delivery Item consists of any goods, items, products or materials referred to in Clause 4.1, Yamato reserves the right to dispose of the Delivery Item forthwith as it thinks appropriate and shall notify you of the disposal within a reasonable period from the disposal.
- In consideration of Yamato's provision of the TA-Q-BIN Service, you shall pay to Yamato such amount of fees as determined by Yamato upon your application for use of the TA-Q-BIN Service ("Fees"). The schedule of Fees prevailing from time to time can be obtained at each of Yamato's designated branches and offices and agents offering the TA-Q-BIN Service.
- Notwithstanding Clause 5.1, Yamato reserves the right to claim additional fees incurred by Yamato upon re-weighing and/or re-measuring of the Delivery Item or to claim the Fees from the addressee of the Delivery Item upon delivery.
- There will be no refund of the Fees once paid to Yamato, save in cases where any of the events in Clause 9.1(d) results in delay in delivery or damage to the Delivery Item which Yamato deems significant.
- Notwithstanding Yamato to use its best efforts to deliver the Delivery Item to the addressee by the Preferred Delivery Date and during the Preferred Time Zone indicated by you on the Consignment Documents and in accordance with the delivery schedule for TA-Q-BIN Service prevailing and indicated at Yamato’s designated branches, offices and agents from time to time. Notwithstanding the foregoing, you hereby agree and acknowledge that all deliveries are subject to potential delays including but not limited to delays resulting from adverse traffic conditions. In the event that you fail to specify the Preferred Delivery Date and/or Preferred Time Zone on the Consignment Documents, the Delivery Item will be delivered in accordance with the TA-Q-BIN Service delivery schedule prevailing from time to time.
- You hereby agree that Yamato’s delivery on the Preferred Delivery Date and during the Preferred Time Zoneare are not guaranteed and do not form part of Yamato’s obligation under the TA-Q-BIN Service and Yamato is not liable for any damage or loss caused by delay unless Yamato is satisfied that your claim is justified or such delay results from Yamato’s fraud, gross negligence or willful misconduct.
Deliveries and Undeliverables
- Delivery is deemed to have been completed where the Delivery Item is delivered to the address of addressee (i.e. the management office of building) and/or alternative addressee as specified by you but not necessarily to the named addressee personally.
- In the event that the addressee is found to be absent from the address specified by you and no other persons are present to take delivery of the Delivery Item, the Delivery Item will be held at any of Yamato’s offices or branches and a delivery failure report will be made at such office or branch containing the following particulars: the attempted time and date of delivery and telephone number for inquiries regarding retrieval of the Delivery Item.
- In the event that the named addressee refuses to take delivery of the Delivery Item or refuses to pay the Fees (if applicable), the Delivery Item has been deemed by Yamato to be unacceptable for delivery and Yamato shall notify you of the delivery failure and seek your instructions as to the appropriate action to be taken, such as the disposal or re-delivery of the Delivery Item at your responsibility and costs (and such costs will be forthwith reimbursed by you upon Yamato’s request), within a reasonable period from the date of such delivery failure. However, Yamato reserves the right to decline to accept such further instructions from you for any reason whatsoever.
- In the event that you do not provide instructions regarding the appropriate action to be taken within a period of 90 days after Yamato has notified you of a delivery failure, the Delivery Item may be disposed of by Yamato at it sole discretion but at your costs (and such costs will be forthwith reimbursed by you upon Yamato’s request). Without prejudice to the foregoing, in the event that the contents of the Delivery Item are found by Yamato to be perishable or otherwise susceptible to changes in quality, Yamato has the right to immediately dispose of the item without waiting for the expiry of the 90-day period. However, Yamato shall use its reasonable endeavor to notify you upon such disposal.
Loss or Damage
- In the event that Yamato discovers that there has been loss of or damage to the Delivery Item, Yamato shall notify you of such loss or damage within a reasonable period and shall seek instructions from you with respect to the appropriate action to be taken. Yamato reserves the right to decline to accept any further instructions for any reason whatsoever.
- In the event that you do not provide further instructions regarding the appropriate action to be taken within a reasonable period of Yamato’s notification, Yamato shall, at your costs (and such costs will be forthwith reimbursed by you upon Yamato’s request), take such action in relation to the Delivery Item as it deems appropriate, including without limitation, re-delivery of the Delivery Item to you or retention of the Delivery Item, and shall notify you of the same.
- Yamato shall not be liable for loss or damage arising from or in connection with:
- the delivery of any of the articles set out in Clause 4.1 (where Yamato was not aware that the contents of a Delivery Item comprised or included such articles);
- your failure to specify any special precautions to be taken in respect of a Delivery Itemon the Consignment Documents as required under Clauses 2;
- the misalignment, wear and tear, dearrangement, heat, mould, rot, discolouration, degeneration, explosion, ignition or the hazardous, perishable, corruptible, fragile, or brittle nature of the contents of the Delivery Item;
- Yamato’s failure to perform any of its obligations hereunder as a consequence of circumstances outside its control, including without limitation any act of God such as weather conditions, flood or earthquake, work stoppages, strikes, industrial disputes, war, any act of government (including delay or confiscation or detention of the Delivery Item by government authority), accidents, traffic obstructions or congestion, mechanical breakdown, or other events; or
- any acts or omissions of any party other than Yamato, including without limitation you, the named addressee or any government official.
- Yamato shall not be liable for indirect or consequential loss or damage, including without limitation loss of profit, income, interest, future business or anticipated savings, even if the risk of such loss or damage was brought to Yamato’s attention before or after acceptance of the Delivery Item.
- Any claims for damage to and/or loss of the Delivery Item must be made within 14 days from the date on which Yamato accepts for the Delivery Item for delivery, failing which Yamato shall have no liability whatsoever.
- All claims must be made in writing, accompanied by the original Consignment Documents and other supporting documents requested by Yamato and submitted to the following address:
Lot 849, Jalan Subang 7,
Taman Perindustrain Subang Jaya,
47510 Petaling Jaya,
Selangor Darul Ehsan.
- Claims are limited to one claim per Delivery Item, settlement of which shall be full and final settlement for all loss or damage in connection there with.
- Without prejudice to Clause 9 and provided that Yamato is satisfied that your claim is justified, Yamato’s liability for any loss of the Delivery Item shall be limited to the value of the Delivery Item as indicated by you on the Consignment Documents. upon acceptance of the Delivery Item by Yamato or RM4,000 per Delivery Item, whichever is lower ("Compensation Limits").
- In the case of damage to the Delivery Item, the amount of compensation shall be based on Yamato’s own assessment of the extent of the damage to and the actual cash value of the contents of the Delivery Item provided always that the amount of compensation shall not exceed the Compensation Limits.
- Save in cases of a delivery failure and provided that Yamato is satisfied that your claim is justified, Yamato’s liability for any loss or damage arising from Yamato’s failure to deliver a Delivery Item by the Preferred Delivery Date shall be limited to the amount of the Fees charged in respect of that Delivery Item.
- For the avoidance of doubt, in any event, Yamato’s liability shall not exceed the Compensation Limits even if there is both damage to a Delivery Item as well as a delay in its delivery of the Delivery Item and therefore you shall arrange insurance for the Delivery Item at your own cost if you require greater protection against the Delivery Item.
Customer’s Warranties and Indemnity
You shall keep Yamato indemnified against all demands, claims, action, proceedings, costs, charges or expenses including but not limited to penalties, storage charges, retrieval and administrative costs, duties and taxes incurred, suffered or sustained by Yamato in connection with the TA-Q-BIN Service.
Personal Data (Privacy) Policy
By signing of the Consignment Documents, you shall authorize Yamato to use your personal data for all lawful purpose including but not limited to disclosure of your personal data by Yamato to any government and/or regulatory authority to the extent permitted by any applicable laws.
The Standard Terms and Conditions shall be subject to and construed in accordance with the laws of Malaysia. The parties hereby irrevocably submit to the non-exclusive jurisdiction of the courts of Malaysia.