Capitalized terms used but not defined in this Annex A will have the meanings ascribed thereto in the Proposal.
Without prejudice to any other terms and conditions of this Agreement, all packages and documents carried by GDEX for delivery are carried on the terms and conditions titled GDEX Terms and Conditions of Carriage printed at the back of the consignment notes or otherwise.
Without prejudice to any other terms and conditions of this Agreement, all packages consigned to GDEX for delivery in international destinations are subject to the International Terms and Conditions of Carriage as prescribed by GDEX from time to time.
All domestic rates quoted in the Proposal are subject to the prevailing GST rate in Singapore which shall be borne by the Customer.
GDEX may, at its discretion, require the Customer to pay an upfront security deposit for such amount as GDEX determines at its discretion (the “Security Deposit”). Where a Security Deposit is to be paid to GDEX, such Security Deposit shall not be treated as consideration for the services rendered under this Agreement and would be refundable to the Customer at the end or on the termination of this Agreement, unless there is a breach in the terms and conditions of this Agreement by the Customer, 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:-
(a) Domestic Destination: Volumetric weight (kg) = length (cm) x width (cm) x height (cm) / 6000;
(b) International Destination: Volumetric weight (kg) = length (cm) x width (cm) x height (cm) / 5000In 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 different location from the specified pick-up points 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:-
(a) for each pickup and delivery within Peninsular Malaysia or pickup and delivery within East Malaysia the Reverse Charge is an additional SGD5.00;
(b) for each pickup and delivery crossing from Peninsular Malaysia to East Malaysia and vice versa, the Reverse Charge is an additional SGD5.00;
(c) for each pickup and delivery crossing from Peninsular & East Malaysia to Singapore and vice versa, the Reverse Charge is an additional SGD5.00.
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 does not extend to Non-Serviceable Area. To confirm classification of delivery destination, please visit our website www.gdexpress.com or contact our Customer Service officer of the respective branch.
If the packages cannot be delivered or is not duly received by the consignee, the Customer shall still 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.
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 a waybill 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 SGD1.50 for every copy of POD (Proof of Delivery) waybill requested by the Customer.
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, without prejudice to any other terms and conditions of this Agreement, 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, on such terms and conditions as GDEX may prescribe.
Validity: This Agreement shall commence on the Effective Date. The Agreement shall continue for one (1) year from the Effective Date (the “Initial Term”) and shall automatically extend for one (1) year (the “Extended Period”) at the end of the Initial Term and at the end of each Extended Term.
Agreement not to extend: GDEX and the Customer may agree in writing, no later than thirty (30) days before the end of the Initial Term or the relevant Extended Term, to terminate this Agreement at the end of the Initial Term or the relevant Extended Term, as the case may be.
Variation: GDEX reserves its right to make revisions to the quoted rates or late payment interest rates, or any other revisions to the terms of this Agreement, at any time, by sending to the Customer, fourteen (14) days prior to the intended aforementioned revision, a written notice by email, setting out the revisions made by GDEX (the “Notice of Revision”). If the Customer is not agreeable to the revisions set out in the Notice of Revision, the Customer must inform GDEX by sending a written notice to GDEX by email within fourteen (14) days of the date of the Notice of Revision (the “Customer’s Non-Acceptance Notice”). If GDEX does not receive any Customer’s Non-Acceptance Notice within fourteen (14) days of the date of the Notice of Revision, 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 revisions set out in the Notice of Revision.
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.
Where the Customer becomes aware of any loss, damage or delay to the shipment caused by GDEX, the Customer may, notwithstanding Clause 24, send a notice in writing to GDEX informing GDEX of such loss, damage, or delay to the shipment (the “Customer’s Written Notification”) 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. Any supporting documents or items, such as the content, original shipping carton, packaging and invoice of the shipment, whichever is necessary to provide support to the Customer’s Written Notification, shall be made available to GDEX within fourteen (14) days from the date of the Customer’s Written Notification in order for GDEX to evaluate the Customer’s assertions of any loss, damage or delay to the shipment. GDEX shall only be obliged to consider and respond to the Customer’s Written Notification where all outstanding amounts due to GDEX from the Customer have been fully settled. Any amount payable by GDEX to the Customer arising under the Customer’s Written Notification 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: (i) 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 the date on which the carriage stopped, or any other time limit compulsorily imposed by applicable convention, rules or regulations, whichever is the later (ii) in respect of Carriage other than by air, within thirty (30) days, or any other time limit compulsorily imposed by applicable laws, 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
(a) Every shipment is transported on a limited liability basis on the terms stated herein in this Agreement.
(b) (i) Subject to Clause 27(b)(ii), GDEX’s liability under this Agreement is strictly limited to direct loss and/or damages incurred by the Customer in connection with the delivery of the Customer’s shipment, including direct loss and/or damage arising from delay, shortage, mis-delivery, non-delivery, misinformation or failure to provide information, in connection with the delivery of the Customer’s shipment, if it is proved that the said direct loss and/or damage 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.
(ii) GDEX’S LIABLITY UNDER CLAUSE 27(B)(I) SHALL NOT INCLUDE, WHETHER IN CONTRACT, TORT, EQUITY, INDEMNITY, STRICT LIABILITY OR OTHERWISE, 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.(c) It is the Customer’s responsibility to make arrangements to insure the shipments to cover the risks that GDEX will not be liable for. Alternatively, the Customer may request that GDEX arrange to insure the shipments for and on behalf of the Customer, provided the Customer request it via GDEX systems and pays the applicable premium.
Notwithstanding any other provision to the contrary in this Agreement, where any convention or 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.
Subject to any convention, regulations, rules or other mandatory national laws applicable to the carriage of the shipment under a waybill, GDEX’s total liability to the Customer under this Agreement shall not exceed SGD100.00 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.
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 Clause.
No liability where Customer’s fault: GDEX shall not be liable for the Customer’s failure to comply with the terms and 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 shipment of any items stated under the heading of ‘Items Not Acceptable for Carriage’.
(a) A force majeure event (the “Force Majeure Event”) means any circumstance not within GDEX’s reasonable control, including without limitation: (a) Acts of God; (b) epidemic or pandemic; (c) severe weather, (d) fire and flood ; (e) war, rebellion, sabotage, riot, terrorism; (f) strike or industrial dispute of whatsoever nature; (g) act or omission of local or overseas public authority and changes in applicable law; (h) disruption of air or ground network; (i) mechanical problems to modes of transportation / machinery or material shortage (i.e. fuel and electricity).
(b) If GDEX is prevented, hindered or delayed in or from performing any of its obligations under this Agreement by a Force Majeure Event, GDEX shall not be in breach of this Agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
GDEX shall not be liable for any losses and damages caused by any acts or omissions, of any third party (including its agents, affiliates, contractors, their agents and their respective employees / agents) howsoever caused 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 note (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.
Suspension of account: GDEX shall have the right to suspend the Customer’s account in the event that the Customer fails to make payment of any amounts under any invoice issued by GDEX within the stipulated timeline for payment as described under this Agreement. GDEX shall not be obligated to provide, or continue to provide, any services to the Customer for the duration that the Customer’s account is suspended. GDEX shall lift the suspension of the Customer’s account when all payments due and owing to GDEX under all invoices (including any interests accrued thereto) have been paid in full by the Customer.
Governing law and jurisdiction(a) This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of Singapore.(b) Both GDEX and the Customer irrevocably agree that the courts of Singapore shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
Privacy Notice: The basis on which GDEX may collect, use, maintain, disclose and safeguard personal data is set out in our privacy notice, which can be accessed at [https://gdexpress.com/sg/].
Consent Authorization: You shall be taken to have read and agreed to the consent authorization for the collection, use and/or disclosure of certain information required for credit assessment of the Customer, which can be accessed at [https://gdexpress.com/sg/].