All packages and documents carried by GD Express Sdn Bhd (“GDEX”) for delivery are carried on the terms and conditions entitled GDEX Terms and Conditions of Carriage printed at the back of the consignment notes or otherwise.
All packages consigned to GDEX for delivery in international destinations are subject to the International Terms and Conditions of Carriage as specified by GDEX from time to time.
All rates quoted in this proposal are exclusive of taxes, duties and government charges imposed or levied in connection with the services to be rendered by GDEX. All such taxes, duties and government charges imposed or levied in connection with the services rendered by GDEX shall be borne and paid by the Customer.
All rates charged for courier services in respect of documents which come within the purview of the Postal Services Act, 2012 are subject to the minimum pricing set by the Malaysian Communications and Multimedia Commission (MCMC) applicable from time to time. Take note that effective 1 January 2015, the minimum price set by MCMC for courier services on documents below 500g is a sum not less than Ringgit Malaysia Five (RM5.00) per consignment note.
Where a security deposit is to be paid to GDEX, such security deposit shall not be treated as consideration for the services rendered and would be refundable to the Customer at the end or on the termination of the service contract, unless there is a breach in the terms and conditions of the service contract in which case the security deposit shall be forfeited.
An Invoice will be issued to you on the last day of each calendar month for services rendered from the first day to the last day of the relevant calendar month.
The delivery rates (“Delivery Rates”) quoted in this proposal are based on deliveries from the RSA Destinations stated in the Proposal and/or other destination(s) which is approved by GDEX (“Specified Pick-Up Point(s)”) to the relevant point of delivery.
The rates as quoted herein is based on actual weight of the package or its volumetric weight, whichever is the higher. The calculation for volumetric weight is according to the following formula:-
Domestic Destination: Volumetric weight (kg) =length (cm) x width (cm) x height (cm) / 6000;
International Destination: Volumetric weight (kg) =length (cm) x width (cm) x height (cm) / 5000
In the event of dispute as to the calculation of the volumetric weight and/or the applicable rate, the customer agrees that the decision made by GDEX shall be final and binding.
Subject to availability and agreement by GDEX, in the event that the customer requires GDEX to pick up packages from a location other than the Specified Pick-Up Point(s) to be delivered to the specified pick-up points(s) (“Reverse Charge Service”) GDEX shall be entitled to charge the customer a surcharge (“Reverse Charge”) in addition to the Delivery Rates quoted for delivery and the customer shall abide to the terms and conditions stated on the Reverse Charge Requisition Form. The Reverse Charge is the additional surcharge payable by the customer as follows:-
for each pick-up and delivery within Peninsular Malaysia or pick-up and delivery within Sabah and within Sarawak, the Reverse Charge is an additional RM5.00 per consignment note;
for each pick-up and delivery crossing from Sabah to Sarawak and vice versa, the Reverse Charge is an additional RM10.00 per consignment note;
for each pick-up and delivery crossing from Peninsular Malaysia to East Malaysia and vice versa, the Reverse Charge is an additional RM10.00 per consignment note;
in addition, for each pick-up and delivery crossing from Singapore to Peninsular Malaysia and East Malaysia and vice versa the Reverse Charge is an additional RM20.00 per consignment note.
Different rates will be applicable for delivery service to Non-Regular Service Areas, Extended Service Areas and Special Service Area as specified by GDEX from time to time. To confirm classification of delivery destination, please visit our website www.gdexpress.com or contact our Customer Service officer of the respective branch.
The delivery services offered by GDEX do not extend to areas which are deemed to be non-serviceable by GDEX and/or areas which are not listed in our classification of delivery destinations. To confirm classification of delivery destination, please visit our website www.gdexpress.com or contact our Customer Service officer of the respective branch.
Courier charges is incurred at the point of pick up notwithstanding that the packages cannot be delivered or is not duly received by the consignee and the customer shall still be liable to pay the courier charges incurred.
Unless otherwise stated, the customer shall pay the courier charges as stated in the invoice within thirty (30) days from the date of invoice, without any right of set-off or deduction. GDEX shall be entitled to charge interest at the rate of [1.5] % per month or such other specified rates from time to time for any outstanding sums after the prescribed payment period.
Any enquiry on deliveries must be made within fourteen (14) days of the pick-up date failing which GDEX shall be at liberty to reject any request made by the customer. The customer shall pay any charges specified by GDEX for such services.
Every request for a hardcopy of the consignment note must be made within 3 months from the date of shipment failing which GDEX shall be at liberty to reject any request made by the customer. The customer shall pay any charges specified by GDEX for such services.
The customer shall pay a service charge of RM3.00 for every copy of POD (Proof of Delivery) and the consignment note requested by the customer. GDEX reserves the right to vary the rate of the said service charges from the time to time.
GDEX shall not accept shipment order(s) in which the delivery address is a P.O. Box address, except for destinations in Sabah provided the current and latest telephone numbers of the consignee has been provided to GDEX.
The customer is aware that loss or damage may occur at any time from the point of pickup to the point of delivery and that the customer shall bear all the risks thereof. GDEX does not carry on the business of insurance. The customer shall be responsible to ensure that any shipment is properly and adequately insured.
For any claims, the customer shall be bound by the GDEX Terms and Conditions of Carriage printed at the back of the consignment note. For further clarification as to the type of packages acceptable to GDEX, please consult the Customer Service Officer of the respective station.
In the course of provision of express delivery and courier services, GDEX may at its discretion also provide customized information technology and electronic tracking and tracing solutions (“IT Solutions”) and the customer shall be subject to the terms and conditions stated in the Customised IT Solutions Contract as specified in Annex A herein.
Validity: This quoted contractual express carrier rates are valid for 2 years from the issuance date of this proposal and it is subject to renewal thereafter on terms that are acceptable to GDEX. In addition, GDEX reserves their right to make revisions to the quoted rates at any time, by giving a fourteen (14) days notice prior to the revisions. The customer shall, upon tender of packages or shipment to GDEX or by using any service provided by GDEX, be deemed to have accepted and agreed to the terms and conditions herein.
Claim for and notice of Loss, Damage or Delay GDEX shall be deemed prima facie to have delivered the shipment as described in the consignment note unless notice of loss of, or damage to, the shipment, indicating the general nature of such loss or damage, shall have been given in writing to GDEX or to their representative at the place of delivery before or at the time of removal of the shipment into the custody of the person entitled to delivery thereof under the consignment note. If the recipient accepted the shipment by endorsing on the Proof of Delivery without raising any damage, shortage or dispute, GDEX shall be deemed to have discharged its responsibility / liability towards the customer and / or over the shipment.
Any claim by the customer for loss, damage or delay to the shipment shall be made in writing within three (3) working days from the date when the shipment should have reached the designated destination failing which GDEX shall have no liability whatsoever. The content, original shipping carton and packaging of the shipment shall be made available to GDEX within fourteen (14) days from the date of written notification in order for GDEX to evaluate the claim for damage. No claim shall be entertained unless all outstanding amounts due to GDEX from the Customer have been fully settled. The amount of any claim shall not be set-off against any amount owing to GDEX.
GDEX shall be discharged of all liability whatsoever in respect of the shipment unless suit is brought in the proper forum and written notice thereof received by GDEX:
in respect of Carriage by air, within 2 years after delivery of the shipment or the date when the shipment should have been delivered or any other time limit compulsorily imposed by applicable convention, rules or regulations whichever is the later
in respect of Carriage other than by air, within thirty (30) days or any other time limit compulsorily imposed by applicable rules or regulations, whichever is later, after delivery of the shipment or the date when the shipment should have been delivered. In the event that such time period shall be found contrary to any convention or law compulsorily applicable, the period prescribed by such convention or law shall then apply but in that circumstance only.
No liability and/or limited liability : Every shipment is transported on a limited liability basis on the terms stated herein. GDEX’s liability is strictly limited to direct loss and damage only. If the customer requires greater protection. GDEX can arrange insurance for Customer covering the actual cash value in respect of loss of or physical damage to the shipment, provided the Customer request it via GDEX systems and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delay. Where the Warsaw or CMR conventions or any national laws implementing or adopting these conventions apply or where other mandatory national law applies, the liability of GDEX is governed by and will be limited according to the applicable rules.
Where convention, regulations, rules or other mandatory national laws do not apply to the carriage of the shipment under this waybill, GDEX will only be liable if loss, damage, delay, shortage, mis-delivery, non-delivery, misinformation or failure to provide information in connection with the Customer’s shipment, if it is proved that the said loss, damage, delay, shortage, mis-delivery, non delivery, misinformation or failure to provide information in connection with the Customer’s shipment resulted from the acts or omissions of the management of GDEX committed with the intent to cause such loss or recklessly and with knowledge that such loss would probably result and GDEX’s total liability under any circumstances whatsoever shall not exceed RM200.00 per consignment note or the cost of replacement, whichever is lower, unless a higher value has been declared in which case the shipment shall be insured by the customer and the customers’ sole remedy shall be from the proceeds of the insurance policy.
In the event the shipment is insured by the customer, the customer shall name GDEX as the co-assured and shall waive all rights of subrogation under the insurance policy against GDEX. If the customer fails to procure such insurance policies naming GDEX as co-assured and/or waive all rights of subrogation under the insurance policy against GDEX, the customer shall indemnify, defend and hold GDEX harmless against all the consequences of having failed to comply with the provisions of this paragraph.
GDEX SHALL NOT BE LIABLE, INCLUDING BUT NOT LIMITED TO, IN CONTRACT, TORT, EQUITY, NEGLIGENCE AND STRICT LIABILITY FOR ANY LOSS OF INCOME, LOSS OF MARKET, LOSS OF PROFIT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT LOSS OR DAMAGE WHATSOVER AND HOWSOEVER CAUSED WHETHER GDEX KNEW OR OUGHT TO HAVE KNOWN OF THE VALUE OF ANY SHIPMENT AND/ OR SUCH LOSS AND/OR DAMAGE MIGHT OCCUR.
Situations where GDEX shall not be held liable : GDEX shall not be liable for the Customer’s failure to comply with the conditions herein or resulting from Customer’s acts, negligence, default, misconduct or omission, including but not limited to inaccurate description of any shipment; inadequate or inappropriate packaging, securing, marking or addressing of any shipment; or for the act, default, negligence, misconduct, omission, violation of any conditions herein of the recipient or anyone who has interests in the shipment.
GDEX shall not be liable for any loss, damage, delay, shortage, mis-delivery, non delivery, mis-information, or failure to provide information in connection with the items stated under the heading of ‘Items Not Acceptable for Carriage’. GDEX shall not be liable for any loss, damage, delay, shortage, mis-delivery, non delivery, misinformation or failure to provide information in connection with customer’s shipment which is
beyond the reasonable control of the management of GDEX;
resulting from of Acts of God and
by the occurrence of a force majeure event including but not limited to 1) severe weather, 2) fire and flood ; (3) war, rebellion, sabotage, riot, terrorism; (4) strike or industrial dispute of whatsoever nature; (5) act or omission of local or overseas public authority and changes in applicable law; (6) disruption of air or ground network; (7) mechanical problems to modes of transportation / machinery or material shortage (i.e. fuel and electricity).
GDEX shall not be liable for any losses and damages caused by any fraud, wilful acts, reckless acts, acts, omissions, gross negligence of any person (including its employees, servants, agents, affiliates, contractors, their agents and their respective employees / agents) and shall not be vicariously liable for any such action or omission for which the management of GDEX has exercised reasonable diligence.
The customer is aware that every consignment notes (whether in blank or used) supplied by GDEX shall remain the property of GDEX. The customer shall procure that every consignment note shall be accounted for and shall only be utilized for packages to be delivered by GDEX and not otherwise. The customer shall not misuse or distribute the consignment notes for the customer’s/ third party(ies)’ own purposes. The customer shall indemnify and keep GDEX, its agents, workmen or servants harmless against any liability, loss or damage (including bodily injury) of whatsoever nature direct or indirect sustained by GDEX, its agents, workmen or servants attributed, related to and/or howsoever arising from the customers acts, omission, neglect, intentional or dishonest acts and/or any damage/ loss which is attributable, related to and/or howsoever arising from the customer/ third party(ies)’ wrongful/ unauthorized use or distribution of the consignment notes. This indemnity shall also include any liability, loss or damage as a result of any claim whatsoever and any summons, penalties, fines against GDEX by any third party or the relevant Authorities as a result of any act, omission, neglect or intentional acts by the customer, its agents, workmen or servants and/or third party(ies) arising from/ attributed to the wrongful/ unauthorized/ misuse of any consignment note.
Transmission of an executed counterpart of this Agreement (but for the avoidance of doubt, not just a signature page) by fax or email in PDF, JPEG, any other electronic means intended to preserve the original graphic and pictorial appearance of a document or other agreed format will take effect as delivery of an executed counterpart of the Agreement (and shall have the same effect as physical delivery of the paper document bearing an original “wet-ink” signature) without the need to subsequently exchange original copies of the executed counterpart or counterparts. The Agreement may be executed by “wet-ink”, facsimile, digital or electronic signature (or any combination thereof) and any such signature may be relied upon accordingly as evidence of valid execution of the Agreement by that party.
No party shall raise the use of digital or electronic means to deliver a signature or the fact that any signature was transmitted or communicated through the use of electronic mail means as a defence to the formation of an agreement and each such party forever waives any such defence, save and except for cases of fraud, forgery or illegality.
Notwithstanding anything herein stated, in the event there is any dispute that arises pertaining to the validity or enforceability of the electronic signatures and/or company stamp shall not deem this Agreement to be invalid and/or void.
This Agreement shall be deemed valid and enforceable upon acceptance of the services provided by GDEX, for avoidance of doubt, upon receipt, utilisation and/or benefit from the services provided by GDEX, the Customer acknowledges and agrees that such actions shall constitute full and unequivocal acceptance of the services henceforth making this Agreement valid.