T&C

STANDARD TERMS AND CONDITIONS OF AGREEMENT OF TRANSPORTATION

By tendering goods for transportation by Ichiban Transport Sdn. Bhd. the consignor agrees to the following terms and conditions.

1.        All business undertaken (including any advice, information or service provided whether gratuitously or not) and contracts entered into by ICHIBAN TRANSPORT SDN. BHD. (hereinafter called "the Company") is subject to the Conditions hereafter set out, and each Condition shall be deemed to be incorporated into any agreement between the Company and its Customers.

2.        The Company is not a common carrier and only deals with goods for transportation subject to the conditions hereinafter set out.

3.        An agreement made with the Company shall be governed by Malaysian or Singapore law and be within the exclusive jurisdiction of either the Malaysia or Singapore Court as applicable to where the assignment is undertaken originally.

4.        Any business undertaken by Company is carried out subject to the conditions hereinafter set out each of which shall be deemed to be incorporated by reference into any and all agreements whether written or otherwise between Company and a Customer (Consignor). Company shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing and signed on behalf of Company by a duly authorised officer thereof in the absence of any such written agreement to the contrary these conditions shall constitute the entire agreement between Company and each of its Customers.

5.        Subject to express instructions in writing given by the Customer the Company reserves absolute discretion as to the means, route and procedure to be followed in the handling storage and transportation of goods. The Company further reserves the right to depart from any such instructions at any stage when the Company considers it necessary or desirable in the Customer's interests to do so.

6.        Customers entering into transaction of any kind with the Company are deemed to have expressly warranted that they are-either the owners, or the authorised agents of the owners, of the goods to which the transaction relates, and are deemed to accept these Conditions not only for themselves but also as agents for and on behalf of all other persons who are or may become interested in the goods.

7.        The Customer shall furnish the Company with particulars regarding the nature, quantity, weight, value, and country of origin of goods, as well as whether or not the goods are dutiable, together with any relevant documents and other particulars necessary for the purpose of declaration. The Customer shall warrant the accuracy of all such descriptions, values and other particulars furnished to the Company for Customs. Consular or other purposes and he undertakes to indemnify the Company against all losses, damages, fines and expenses arising from any inaccuracy or omission whether or not such inaccuracy or omission was due to the Customer's negligence.

8.        Except where the Company is instructed in writing to pack the goods the Customer warrants that all goods have been properly and sufficiently packed and/or prepared before they are placed in the care and custody of the Company.

9.        The Company is entitled to retain and be paid all costs, brokerages, commissions, allowances and other remunerations. If the Company has been instructed to collect freight duties, charges or other expenses from the Consignee or any other person the Customer shall nevertheless remain responsible for the same if they are not paid by such other person immediately when due.

10.     The Customer shall be liable for any duties, taxes, imposts, deposits or outlays of any kind levied by the authorities at any port or place on or in connection with the goads; and for any payments, fines, expenses, loss or damage whatsoever incurred by the Company in connection therewith.

11.     The Customers shall be liable for overnight Detention Charges where the goods are detained at any check-point pending clarification, of where lorries are delayed overnight due to loading or unloading. The Customer shall also be responsible for full compensation of any losses sustained by the company in case of impounding or confiscation of goods by the Authorities.

12.     Quotations are subject to withdrawals or revisions before acceptance. Further the Company reserves the right to revise quotations or charges after acceptance in accordance with any charges in currency exchange rates, rates of freight, insurance premiums or any other charges applicable to the goods.

13.     No insurance will be effected by Company except upon written expressed instructions from the consignor and upon payment of additional charges thereof. If Company is instructed to insure the consignment, Company will only insure the consignment on a policy containing usual exceptions and conditions issued by any insurance company or underwriters in Malaysia. If the insurer(s) under the policy dispute the liability for any reason(s) the consignor shall only have recourse against the insurance company and shall not have any claims, demands or actions against Company.

14.     Except under arrangements previously made in writing the Company does not accept or deal with any noxious, dangerous, hazardous, flammable/inflammable or explosive goods or goods likely to cause damage. If any Customer nevertheless causes the Company to handle or deal with any such goods otherwise that under previous written arrangements, he' shall be liable for all loss or damage whatsoever caused by or to or in connection with the goods howsoever arising and shall indemnify the Company against all penalties, claims, damages. costs and expenses howsoever arising in connection therewith and the goods may be destroyed or otherwise dealt with at the sole discretion of the Company or any other person in whose custody they may be at the relevant time. Where such goods are accepted by the Company under previous written arrangements they may nevertheless be destroyed or otherwise dealt with on account of risk to other goods property, life or health.

15.     Unless the Customer by written instructions previously notified the Company that only certain persons with specimen signatures are authorised to receive the goods, the Company's obligation of delivery is discharged upon the goads being received, signed far and duly stamped on the Delivery Order by the Consignee's staff or representatives.

16.     Perishable goods which are not taken up immediately upon arrival at their destination or which are insufficiently addressed may he sold or otherwise disposed of by the Company without notice to the Company or owners of the goods. Payment or tender of the net proceeds of any sale or disposal after deduction of charges and expenses incurred in the same shall be total discharge of the Company’s obligation of delivery.

17.     Non-perishable goods which are not collected or accepted by the Consignee or which in the Company's opinion cannot be delivered for any reason whatsoever may be sold or disposed of by the Company after giving ten (10) days' notice in writing to the Customer at his last known address. All expenses incurred in the storage, sale or disposal of such goods shall be borne by the Customer.

18.     All goods and documents relating to goads are subject to a particular and general lien for monies due in respect of such goods or for any particular or general balance or other monies due to the Company from the Customer, Consignor, Consignee, or Owner of goads. If the monies are not paid within one calendar month after notice from the Company to the person from whom the monies are due that such goods are being detained, they may be sold by auction or otherwise at the sole discretion of the Company and at the expense of such person; and the .net proceeds shall be applied towards satisfaction of the indebtedness.

19.     The Company shall only be responsible for any loss or damage to goods or for any non-delivery or for any non-compliance with written instructions (including any delay or deviation in transportation) if the same is proved to be due to the wilful neglect or default of the Company or its own servants whilst the goods were in the actual custody and control of the Company.       

20.     Save as aforesaid the Company shall not be under any liability whatsoever arising, whether in respect of or in connection with any goods, instructions, business, advice, information or service or otherwise; and the Company shall not be liable for any consequential loss howsoever caused. Further any liability of the Company shall be limited to the depreciation value of the goods or to a sum of MYR100 per package or per tonne of 1000 kilos on the gross weight of the goods and or total liability not exceeding of total transport charges to the lorry load whichever is the lesser.

21.     Without limiting the generality of the other Conditions, the Company shall be discharged from all liability for any loss or damage to goods unless notice in writing of the loss or damage is received by the Company within seven (7) days after delivery to the Consignee.

22.     In addition and without prejudice to the foregoing Conditions the Customer undertakes to indemnify the Company against all existing or future claims whether in contracts, torts or otherwise made directly or indirectly by the Customer, or by the Consignor, Consignee, Owner of the goods or by any other person who has or may have an interest in the goods. In the case or the Customer being a Company, the person acting on its behalf shall be deemed to have represented that such indemnity is given in furtherance of its purposes.

23.     Company shall not be liable for all or any losses, damages and expenses arising as a result of the Customer's failure to comply with the Customer's obligations under this Agreement or as a result of the Customer negligence.

24.     The Company shall not be liable for delays, losses, damages caused by events which are beyond the Company’s control. The events include but not limited to Force Majeure, Act of God, adverse weather conditions, Perils of War, civil commotion, Acts of Public Enemies, industrial action by workmen, strikes, and riot.

25.     Customers shall inform Company of any delivery restrictions or difficulty in accessing the property when place an Order and ensure that the relevant permissions are obtained from the building/residential management prior to the scheduled delivery. Customers should inform Consignee to make plans to be available to accept your delivery. If Consignee are not, there must be a person aged 18 years and above that is capable of receiving delivery on behalf, and Consignee agree that Company representative can rely on their instruction. In the event of an unsuccessful scheduled delivery, a Re-Attendance fee shall apply for the next delivery attempt. If Company is unable to deliver on the confirmed delivery date and time slot, a Re-Attendance fee shall apply for the next delivery attempt.

Update as of 30 June 2021