Terms and Conditions of Waybill

The Terms and Conditions of Waybill (“T&C”) is an express logistics services agreement entered between SF EXPRESS (hereinafter “S.F.”) and you (the "Shipper"). The appendices, waybills, privacy policy and various rules, service details, instructions, notices and any other relevant documents issued by SF Express are valid supplements to the Terms and Conditions of Waybill. When you click and check on the Terms and Conditions of Waybill or when using any of the SF Express’ services, it is deemed that you acknowledge and consent to the entire Terms and Conditions by yourself and/or on behalf of the Recipient as well as any person who has an interest in the shipment.

1 Definitions

1.1 "S.F.", “us” and “our” refers to SF GLOBAL EXPRESS (M) SDN. BHD. and/or its subsidiaries, branches, affiliates, agents, and independent contractors, who have accepted your Shipment in the country of departure.
1.2 "Shipment" means all legal consignments which are tendered to and accepted by us on one waybill.
1.3 “T&C” refers to these terms and conditions and are subject to change by S.F. from time to time at its own discretion without prior notification. For the avoidance of doubt, any such change shall become effective and binding upon its publication on the official website (https://www.sf-international.com/my/en/support/termsOfUse#Terms_and_Condition_of_Waybill).
1.4 A “waybill” shall include any Shipment identifier or document produced by S.F. or Shipper automated systems such as any label, Customs invoice or destination specific documents, barcode or waybill as well as any electronic records thereof.

2 Data Protection

S.F. will collect, store and process Shipper’s personal data in accordance with applicable laws and S.F.’s Privacy Policy. Shipper hereby warrants that all personal data is legally obtained and has been provided to us with the appropriate consent of any third party; and at the request of S.F., Shipper shall provide S.F. with evidence of such consent. For more information about S.F.’s Privacy Policy, please kindly read S.F.’s Privacy Notice published on our official website (https://www.sf-international.com/my/en/support/privacyPolicy).

3 S.F.’s liability

3.1 S.F.’s liability in respect of any one Shipment, including but not limited to the liability of any loss, damage (whether in full or partially), is strictly limited to direct loss only and to the limits stipulated in this clause 3. All other types of loss or damage are excluded (including but not limited to indirect loss or damage, actual use, business opportunities, loss of earnings, lost profits, income, interest and future business), whether such loss or damage is special or indirect, and even if the risks of such loss or damage was brought to S.F.’s attention before or after acceptance of the Shipment.
3.2 S.F.’s liability in respect of any one Shipment shall be limited to the stipulation of the following:

3.2.1 If the carriage of a Shipment combines carriage by air and involves an ultimate destination or stop in a country other than the country of departure, without prejudice to Clauses 10 and 13, the Warsaw Convention or the Montreal Convention, whichever is compulsorily applicable, will apply. In the case where such Conventions are inapplicable, S.F.’s liability is limited to the Declared Value but shall in no event exceed the lesser of USD100 or USD20/kg or USD9.07/lb. If the carriage of a Shipment combines carriage by air, road or other mode of transport, it shall be presumed that any loss or damage occurred during the air period unless proven otherwise;
3.2.2 Where Shipments are carried only by road, S.F.’s liability shall be subject to the Convention for the International Carriage of Goods by Road (CMR), or in the case where CMR is inapplicable, S.F.’s liability is limited to the Declared Value but shall in no event exceed the lesser of USD100 or USD10/kg or USD4.54/lb (not applicable to the United States). Such limits will also apply to national road transportation in the absence of any mandatory or lower liability limits in the applicable national transport law;
3.2.3 Claims are limited to one claim per Shipment, settlement of which shall be full and final for all loss or damage in connection therewith. IF SHIPPER REGARDS THESE LIMITS AS INSUFFICIENT, SHIPPER MAY PURCHASE SHIPMENT PROTECTION PLUS SERVICE OR MAKE ITS OWN INSURANCE ARRANGEMENTS;
3.2.4 Unless contrary to applicable laws, all claims concerning shipment damage or shortage (visible or hidden) must be submitted in writing to S.F. within 7 calendar days upon shipment delivery, and in case of route interruption, such claims must be submitted in writing to S.F. within 30 calendar days from the date S.F. accepted the Shipment; otherwise S.F. shall no longer assume any liability whatsoever. S.F. is not obligated to act on any claim until all Shipment charges have been paid. The Shipment charges shall not be offset against the claim amount. Receipt of the Shipment by the Recipient without written notice of damage on the delivery record is prima facie evidence that the Shipment was delivered in good condition. Any claim for loss or damage submitted by the Recipient must make the contents, original shipping and packing documentations available for inspection by S.F.;
3.2.5 All assessment regarding the degree of damage on or the portion missing from the Shipment shall be at the sole and absolute discretion of S.F..

4 Unacceptable Shipments

Shipper agrees that its Shipment is deemed unacceptable if:

4.1 it is classified as hazardous material, dangerous goods, prohibited or restricted articles (hereinafter collectively referred as “Restricted Items”) by International Air Transport Association, International Civil Aviation Organization, European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR), any government authorities or other relevant organizations. For more information, please refer to the Item Restriction Lists published on S.F.’s official website: <https://www.sf-international.com/cn/sc/support/querySupport/receiving_standard>. If the normative instruments of Restricted Items issued by the above-mentioned international organizations and/or relevant government authorities are changed, S.F. will provide services in accordance with the latest rules and regulations;
4.2 no Customs declaration is made when required by applicable Customs regulations;
4.3 the goods are classified as dangerous goods or S.F. believes that it cannot be carried safely or legally, including but not limited to animals and parts thereof, currency, bearer instruments, negotiable instruments, counterfeit goods, precious metals and stones, firearms and parts thereof, ammunitions, human remains, pornography, illegal narcotics/drugs, infringing products;
4.4 Recipient’s address is incorrect, incomplete or not properly marked or Shipment’s packaging is defective or inadequate to be carried safely with ordinary and reasonable care. S.F. shall have the absolute right to deal with the Shipment as it sees fit, including destroy any unacceptable Shipment as specified in this clause.
4.5 Shipment, Shipper, Recipient, or any party involved in the transaction is subject to sanctions imposed by governmental or regulatory bodies; or
4.6 The Shipment is for restricted use, such as military purposes.
In all cases specified in this clause 4, S.F. shall have the right to refuse delivery service and reject the Shipment. However, if such unacceptable shipments have been accidentally accepted by S.F. for delivery, S.F. shall have the absolute right to deal with the unacceptable Shipment as it sees fit, such as destroying any unacceptable Shipment at its sole discretion.

5 Right to Inspect

S.F. may open and inspect the Shipment without notice at any time for safety, security, Customs or other regulatory reasons. When the Shipper acts as an authorized representative for any other person (“the Principal”) to send the Shipments on his, her or its behalf, the Shipper is also required to provide the Principal’s proof of identity. S.F. shall not be responsible for any loss or any delay caused to the Shipment due to such inspection.

6 Shipper’s Warranties and Indemnity

Shipper shall defend, indemnify and hold S.F. harmless for any loss or damage in connection or resulting from the Shipper’s failure to comply with any applicable laws or regulations and for the Shipper’s breach of the following warranties and representations, and S.F. shall be entitled to reject the Shipper’s shipping order in the future, regardless of whether S.F. accepts, checks, inspects or rejects the Shipment or not:

6.1 all information provided by the Shipper or its representative(s) is clear and legible, complete and accurate, authentic and effective;
6.2 if the Shipper authorizes another person to complete the information on his, her or its behalf, the completed information shall be confirmed by the Shipper in person and the risks arising from the acts of the authorized person shall be taken by the Shipper;
6.3 the Shipment was prepared securely and sufficiently packed to ensure safe transportation with ordinary and reasonable care and was protected against unauthorized interference during preparation, storage and transportation to S.F.;
6.4 if the Shipper authorizes another person to pack the Shipment on his, her or its behalf, the Shipper shall make sure that the Shipment is securely and sufficiently packed to ensure safe transportation with ordinary and reasonable care, that S.F. is protected against unauthorized interference during Shipment preparation, storage and transportation, and that the risks arising from the acts of the authorized person shall be taken by the Shipper;
6.5 the Shipment is properly described and correctly labelled;
6.6 the Shipment shall be obliged to comply with all applicable Customs, import, export, data protection laws and other laws and regulations of the origin, destination, and transit countries;
6.7 Shipper has obtained all necessary consents and authorization in relation to the Customs clearance documents and Recipient’s Personal Data provided and disclosed to S.F.;
6.8 unless otherwise specified, the Shipper shall provide correct Customs clearance documents and/or pay duties in a timely manner;
6.9 the Shipment shall not contain official documents issued by government agencies, wild animals protected by the state, endangered wild animals and their products, counterfeit, fake and infringing articles and other articles prohibited or restricted by laws and regulations;
6.10 the waybill has been agreed and confirmed by the Shipper or the Shipper’s authorized representative on its behalf and on behalf of the Recipient and anyone else with an interest in the Shipment and these T&C constitute binding and enforceable obligations of the Shipper and its representatives;
6.11 regardless of whether S.F. accepts or rejects a Shipment, it shall not be constituted a waiver of the Shipper’s Warranties and Indemnity under this Clause 6 or S.F.’s limitation of liability under Clause 3 hereof;
6.12 Shipper shall not jeopardize the national security, public security, or legal rights of citizens, entities or other organizations through delivery channels; and
6.13 all representations and information in relation to the Shipment (including HTS code) and the Customs clearance documents provided by Shipper is true, correct and complete. S.F. shall assume no responsibility for the contents of any related documents.

7 Declared Value

7.1 The Shipper agrees the declared value on the waybill is equivalent to the actual cash value of the Shipment (“Declared Value”). The Declared Value of a Shipment must be evidenced by an authentic, valid and original invoice or receipt, which S.F. shall have the sole and absolute discretion to accept, inspect and verify thereof to its satisfaction or to reject thereof without giving any reason. For any shipment with Declared Value in excess of the limit of declared value published on the official website https://www.sf-international.com/my/en, the Shipper agrees that S.F. is entitled to impose additional charges in accordance with S.F.’s charging standards.
7.2 For the avoidance of doubt, regardless of whether S.F. accepts or rejects a Shipment with a Declared Value specified on the waybill, it shall not be constituted a waiver of the Shipper’s Warranties and Indemnity under Clause 6 hereof or S.F.’s limitation of liability under Clause 3 hereof. Save for Shipment that acquires the Shipment Protection Plus Service, S.F.’s entire liability shall be limited to Clause 3 hereof.

8 Transport and Routing

Shipper acknowledges and agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.

9 Customs Clearance

9.1 By using S.F.’s service, the Shipper agrees and appoints S.F. as the only authorized agent for the purpose of clearing and entering the Shipment through Customs. The Shipper agrees that S.F. may at its sole discretion complete Customs clearance and/or entries by its authorized person, or authorize a third party. S.F. may redirect the Shipment to Recipient’s designated import broker or other address as S.F. sees appropriate to perform Customs clearances and/or entries.
9.2 To the extent that S.F. may voluntarily assist Shipper in completing the required Customs and other formalities, such assistance will be rendered at Shipper’s sole risk and expense (including paying Customs duties, VAT, other fees arising therefrom to local Customs authorities on Shipper’s behalf and other relevant service fees). If any Customs authority requires additional documentation for the purpose of confirming the import/export declaration, it is Shipper’s responsibility to provide the required documentation at Shipper’s expense.
9.3 If Customs clearance documents, payment of duties, or cargo handling instruction is required by Customs authorities but the Shipper or Recipient delays, fails or rejects to fulfill the same, which result in any retention of the Shipment by the Customs authorities, S.F.’s warehouse or any third party’s warehouse, Shipper shall be liable for all risks, costs, loss and damages arising therefrom. Unless otherwise specified by local laws of the country where the Shipment is detained, during the period of 30 calendar days upon the date S.F. issued the written notice, if Shipper fails to offer any handling solution or propose a solution that is objectively impractical to execute, Shipper shall be deemed as relinquishing their right to the Shipment and S.F. shall have rights to deal with the Shipment as it sees fit, including destroy any Shipment detained or held in Customs authorities or S.F.’s warehouse or any third party’s warehouse, exercise S.F.’s right of lien pursuant to Clause 15 or sell off the Shipment in question.
9.4 Shipper shall defend, indemnify and hold S.F. harmless for any loss and damages, fines or penalties (including retention or destruction of the Shipment) required or issued by the Customs or government authorities and any other costs or fees (including but without limitation to storage fee, tally fee, inspection fee, destruction fee, etc.) in connection or resulting from Shipper’s failure of performing the obligations in Clause 6 herein. But S.F. shall in no circumstance be responsible for any loss of shipment or any other loss or damages due to the Shipper’s breach of the warranties and representations under Clause 6.
9.5 If Shipper or Recipient expressly require to authorize a third party by itself to provide the Customs clearance service, S.F. will only provide the transportation service and any risks or disputes in connection with Customs clearance shall be handled by and between Shipper/Recipient and the said third party.
9.6 Shipper hereby agrees and acknowledges that not every Customs or government authorities’ office in each exporting or importing country will issue duty or tax receipts for each Shipment. S.F. shall use its reasonable efforts to provide the Shipper with such receipts or information if possible (including but not limited to any of the following forms: a) notice or certificate issued by the local Customs or government authorities; b) screenshots of such receipts by the Customs or government authorities; c) payment voucher or invoice of the duties, taxes or charges issued by or S.F.’s local Customs clearance agency or logistics suppliers or their system’s screenshots; d) total charges statement of the bulk shipments which involve the Shipper’s Shipment; e) duties, taxes or charges invoice issued by S.F. etc.). Shipper shall have no objection to any of the form aforesaid and shall not be refuse to pay the duty, tax or Customs clearance fees. In the event that S.F. can only provide the total charges statement of the bulk shipments, Shipper agree that the record of the Shipment’s duties, taxes and charges on the S.F.’s system shall prevail.

10 Delay of Shipments

S.F. shall make reasonable efforts to deliver the Shipment according to S.F.’s regular delivery schedules and arrangements. However, these schedules are not binding and do not form part of the contract between S.F. and Shipper and/or Recipient. S.F. is not liable for any damages or losses whatsoever arising as a result of the delay caused by S.F..

11 Deliveries and Undeliverable

11.1 Shipments cannot be delivered to addresses consisting solely of Post Office Boxes (PO boxes) or postal codes or ZIP codes. Shipments will be delivered to the Recipient’s address given by Shipper, but it is not necessary to the named Recipient personally.
11.2 If the Shipment cannot be delivered to a PO box or by postal code, but a shipment receiving point is set as the Recipient's address, the Shipment will be delivered to the receiving point.
11.3 Direct Signature (by Recipient) Service is an option value-added services (if available). If Shipper requires a written received signature of the Recipient, Direct Signature shall be purchased separately.
11.4 For the avoidance of doubt, a signature, a chop, a message, or a picture obtained at the Recipient’s address or at S.F. Service Point or at a parcel locker, or a shipment collection record generated by S.F.’s system for delivered Shipment, shall constitute sufficient proof of delivery of the Shipment. Shipments to addresses with central receiving area will be delivered accordingly.
11.5 If any of the following events occur, whenever applicable, S.F. may use reasonable efforts to return the Shipment to the Shipper with the Shipper’s requirement and at the Shipper’s additional costs if the practical conditions permit: the Recipient refuses delivery or to pay for shipment charges or Customs duties; or the Shipment is deemed to be unacceptable in accordance with Clause 4; or Customs believes that the value of the Shipment value has been under-reported; or the Recipient cannot be reasonably identified or located. Notwithstanding the forgoing, if the Shipment cannot be returned or is impossible to be returned, the Shipment may be released, disposed of or sold by S.F. at its own discretion but without incurring any liability whatsoever to the Shipper or anyone else, S.F. shall have the right to recover any additional costs incurred thereof from the Shipper.

12 Shipment Charges, Tariff and other charges

12.1 Shipment Charges’ Payment Method: The Shipper may choose Payment by Shipper, Payment by Recipient or Credit Account Monthly Settlement.

12.1.1 Payment by Shipper means that the Shipper is required to settle the shipment charges, tariff and/or other charges of the Shipment for each package delivered.
12.1.2 Payment by Recipient means that the Shipper's designated Recipient pays the shipment charges, tariff and/or other charges of each package at the time of delivery.
12.1.3 Credit Account Monthly Settlement means that the Shipper may use its corresponding Credit Account Number for the settlement of all the shipment charges, tariff and/or other charges on a monthly basis.

12.2 S.F.’s Shipment charges are calculated according to the higher of actual or volumetric weight and Shipment may be re-weighted and re-measured by S.F. to confirm this calculation. The applicable pricing of volumetric weight, also known as dimensional weight, is on a per-package or per-shipment basis to all shipments in customer packaging. S.F.’s packaging may also be subject to dimensional-weight pricing. If the dimensional weight exceeds the actual weight, charges based on the dimensional weight will be assessed. Customers who fail to apply the dimensional-weight calculation to a package may be assessed dimensional weight charges from S.F.. The calculation of volumetric weight (in kg) is with reference to the industry practice: Length (cm) x Width (cm) x Height (cm) ÷ 5,000 (Dimension weight factor). Please note that the calculation varies with different countries and regional market practices.
12.3 Shipper shall always be primarily responsible for all charges occurred regardless of different payment instruction given by Shipper. In the event that the Shipper instructs the Recipient or a designated third party to pay the shipment charges, the Shipper shall pay S.F. all the shipment charges, tariff and/or other charges payable by the Recipient or a designated third party but not yet paid. If S.F. is required by any government authorities or a third party organizations to pay taxes, tariff and/or other fees (collectively referred as “the fees”) on behalf of the Shipper, Recipient or any third party, as a result of which S.F. Express is unable to recover the amount from the party concerned, the Shipper shall pay the fees to S.F. on an indemnified basis.
12.4 Service standards of international shipments shall be subject to local pickup and delivery service standards at the place of the Recipient. Value-added service shall be purchased separately if needed, including but not limited to signature for acceptance by the Recipient.

13 Shipment Protection Plus Service

13.1 Shipment Protection Plus Service is an optional value-added service.
13.2 When applicable, if Shipper chooses the Shipment Protection Plus Service, S.F.’s liability shall be governed by Terms and Conditions of Shipment Protection Plus Service published on the official website https://www.sf-international.com/my/en/support/termsOfUse#Terms_and_Conditions_of_Shipment_Protection_Plus in place of Clause 3 hereof, but other provisions of these Terms and Conditions shall continue to apply.
13.3 For the avoidance of doubt, unless otherwise stipulated in this Clause, all provisions concerning S.F.’s liabilities shall be governed by Clause 3 hereof.

14 Circumstances beyond S.F.’s Control

S.F. is not liable for any loss or damage caused by any events beyond S.F.’s control, including but not limited to acts of public authorities acting with actual or apparent authority; any act or omission by a person not employed or contracted by S.F., e.g. Shipper, Recipient, Customs, government officials or third party; the application of security regulations imposed by the government or otherwise applicable to the delivery location; Force Majeure - e.g. riots, strikes, labour disputes, civil unrest, virus or diseases, pandemics, disruptions or failure of communication and information systems (including, but not limited to S.F.’s communication and information systems), disruptions of any kind in air or ground transportation networks, such as weather phenomena, industrial action, electrical or magnetic damage to, or erasure of electronic or photographic images, data or recordings, and natural disasters including but not limited to earthquakes, cyclone, storm, flood, fog etc.

15 Right of Lien

Unless otherwise stipulated in applicable laws, in the event that Shipper fails to pay any charges set forth in Clause 12 or arisen under Clause 9, S.F. shall have the right to place the goods under a lien for a period of three (3) months (counting from the date that S.F. collect the Shipment) save for the nature of the shipment which cannot be placed under a lien. At the expiration of the lien period, if Shipper has yet to make full payment, S.F. shall be entitled to sell off the goods at a reasonable price and keep the proceeds.

16 Trade Compliance

16.1 Shipper acknowledges and guarantees that their Shipment comply with all applicable export control regulations, restrictions, and economic sanctions before shipment. Shipper undertakes to provide accurate, complete, and non-misleading export declaration information and related documents to ensure compliance with applicable export control regulations, restrictions, and economic sanctions.

16.2 Shipper agrees not to transport any Shipment to restricted or prohibited destinations, nor use any Shipment for restricted or prohibited purposes, such as military use, and not to engage in any prohibited transactions with sanctioned entities or individuals. Shipper further agrees not to provide any prohibited services or support to sanctioned entities or individuals.

16.3 S.F. reserves the right to refuse to accept or handle any Shipment that may involve prohibited transactions or violate export control and economic sanctions regulations, and S.F. reserves the right to terminate or suspend services for any suspicious shipment at any time without giving reasons.

17 Governing Law and Dispute Resolution

Any dispute arising in connection with the T&C shall be governed by the laws of Malaysia. Any dispute arising in connection with these T&C shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of Singapore International Arbitration Centre (SIAC). The seats shall be Singapore, and the language of arbitration shall be English, unless contrary to the applicable law.

18 Severability

The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions of Waybill.

19. Governing Language

If there are different languages version of this Waybill (including these T&C), the English version shall prevail in the event of any inconsistency.

These T&C and the S.F.’s published rates and charges are subject to change without notice and any such change shall become effective upon publication on the official website https://www.sf-international.com/my/en

LETTER OF CONFIRMATION OF THE OBLIGATIONS AND RESPONSIBILITIES OF CUSTOMS CLEARANCE CUSTOMERS OF INTERNATIONAL SHIPMENTS

If the Shipper (“Party A”) entrusts SF (“Party B”) to handle import and export Customs clearance of shipments as its agent, Party A shall clearly understand and confirm the following obligations and responsibilities:

1. In order to complete the formalities for import and export Customs clearance, Party B may deliver or entrust a third party to deliver or at the request of another person deliver a shipment to an import agent or another place as long as Party B has judged on reasonable grounds that it has obtained necessary authorization.

2. Party B assists Party A in completing the formalities required for import and export Customs clearance only out of its voluntary will and Party A shall solely bear the risk and costs arising from such formalities.
3. Goods or consignments sent by Party A shall comply with the Customs provisions and other laws and regulations of the import and export countries / regions; not contain wild animals conserved by the state, endangered wild animals and their products, and items that are prohibited and restricted for delivery by laws and regulations; not jeopardize the national security, public security and legal rights of citizens, legal persons and other organizations through delivery channels; and not infringe on any third party’s relevant intellectual property rights. Otherwise if the Customs or any other competent department inspects and detains any shipment or any third party takes any legal action, all the adverse consequences caused thereby shall be borne by Party A and will not be borne by Party B; if any loss is caused thereby to Party B, Party B shall be entitled to require Party A to make compensation.
4. The waybill information and declaration information filled in by Party A shall comply with the provisions of the import and export countries / regions and other laws and regulations and shall be true, complete and accurate; the content, weight, and quantity of the shipment shall not be falsely declared, concealed or separately declared and the name of the shipment shall comply with necessary declaration elements (for example, texture and ingredients) and other relevant requirements of the Customs and other competent departments (for example, a “label for the place of origin” shall be attached to the goods); otherwise if the Customs or any other competent department inspects and detains any shipment or any third party takes any legal action, all the adverse consequences caused thereby shall be borne by Party A and will not be borne by Party B; if any loss is caused thereby to Party B, Party B shall be entitled to require Party A to make compensation.
5. Party A shall declare its consignment and consignment value truly and faithfully. If a contract has been signed, the actual trading terms and price shall be completed as it stands. If no actual trading price is available, the actual market value shall be completed.
6. Party A must have and cause the Recipient to have valid qualifications as an exporter / importer, offer cooperation for the formalities for import / export Customs clearance of shipments and provide necessary documents, including without limitation (based on the actual requirements of each country’s Customs):

6.1 Contract;
6.2 Invoice;
6.3 Packing list;
6.4 Power of attorney for Customs declaration on an agency basis;
6.5 Letter of brand authorization;
6.6 Certificate of personal identity or corporate qualifications;
6.7 Evidence on the value of the Shipment; and
6.8 Other materials required by the Customs and other competent departments.

7. If the Customs or any other competent department requires any additional material during Customs clearance, Party A shall timely provide or cause the Recipient to timely provide such material after receipt of Party B’s notice; otherwise Party B is entitled to suspend provision of Customs clearance and delivery services to Party A and all the adverse consequences caused thereby shall be solely borne by Party A; if any loss is caused thereby to Party B, Party B shall be entitled to require Party A to make compensation.
8. If the Recipient shall bear import tariffs or other costs and refuses to pay the same, Party B shall be entitled to collect the same from Party A and settle the same with Party A together with the settlement of the other costs.
9. Party A hereby clearly knows and agrees that the “adverse consequences” in this Letter include without limitation:

9.1 All the costs arising from return or destruction of shipments whose Customs clearance cannot be completed, including freight, operation charges and handling charges;
9.2 Additional warehouse rental costs arising from delay or failure in Customs clearance of shipments;
9.3 Fines or punishments imposed by the Customs or any other competent department due to delay or failure in Customs clearance of shipments or separate declaration of a shipment;
9.4 Punishments imposed by the Customs or any other competent or penalties, fines or compensation arising from a third party’s taking of any legal action because shipments fail to comply with the provisions of the import and export countries / regions and other laws and regulations or infringe on such third party’s relevant intellectual property rights; and
9.5 Punishments imposed by the Customs or any other competent on Party B and all the economic and goodwill losses suffered by Party B because Party A fails to comply with its obligations and responsibilities under this Letter.

10. If there are different languages version of this LETTER OF CONFIRMATION OF THE OBLIGATIONS AND RESPONSIBILITIES OF CUSTOMS CLEARANCE CUSTOMERS OF INTERNATIONAL SHIPMENTS, the English version shall prevail in the event of any inconsistency.

(November 2023 Version)

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