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1.All and any business undertaken by KM Express (hereinafter called the “company”) is transacted to the conditions hereinafter set out and shall be deemed to be a condition of any agreement between the company and its customers.
2. The 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 the company by an authorized officer of the company. All conditions warranties, descriptions, representations, and agreements not set out in these conditions and whether they be expressed by law, customs or other are hereby expressly excluded. No officer, servant, agent or representative is authorized to make any representations, statements, warranties, conditions or agreements not expressly set forth in these conditions and the company is not anyway bound by any of them nor can the same be taken to form part of a contract with the company collateral to the main contract. 3. The company is not a common carrier. The company reserves the right to refuse the carriage or transportation of any class of goods at its discretion. 4. Whenever the company undertakes or transport, storage or any other services it shall be authorized to entrust the goods or arrangements to third parties on the latter’s contractual conditions and the customers shall indemnify the company against any claim arising out of their acceptance. 5. Customers entering into transaction of any kind with the company expressly warrant that neither the transaction nor the carriage of the goods is in breach of any statute regulation or other law relating to transportation of goods and that they are either the owners of or the authorized agents of the owners of any goods or property being the subject matter. 6. The sender, owner and consignees of any goods and their agents, if any shall be deemed to be bound by and to warrant the accuracy of all descriptions, values and other particulars furnished to the company for customs consular and other purposes and undertakes to indemnify the company against all losses, damages, expenses and fines arising from any inaccuracy or omission even if such inaccuracy or omission is not due to any negligence. 7. The company shall not be liable any circumstances for any loss, damaged or expenses arising from or in any connection with marks, weight, numbers, brands, contents, quality or description of any goods. 8. Subject to Clause 9, 10, 11 and 12 herein, the liability of the company of any loss of damage to the goods transported howsoever arising (which includes all goods, documents or parcels consigned to the company via sea or air shipment) is limited to United State Dollars 500 Only. 9. The company shall only be responsible for loss of or damage to goods or any non-delivery or mis-delivery occurred whilst the goods were in the actual custody of the company and under its actual control and that such loss, damage, non-delivery or mis-delivery was due to willful neglect or default of the company or its own agents or servants. The company’s liability begins from the time of the goods in the contracted condition and state and terminates at time of delivery to the designated warehouse or such other specified place. 10. The company shall only be liable for any non-compliance or mis-compliance with instructions given to it if it is proved that the same was caused by the willful neglect or default of the company or its own servants. 11. Save as a aforesaid the company shall be under no liability whatsoever arising, and whether in respect of or in condition with any goods or any instruction business, advice, information or service or otherwise the goods delivered shall be deemed to be in all respects in accordance with the contracts and the buyers shall be bound to accept and pay for the same accordingly unless the customers shall within 14 days after the arrival of the goods at their destinations received from the buyers, notify the company in writing of any matters or thing by reason whereof the customer may allege that the goods are not in accordance with the contract. 12. The company shall not be liable in any event, for any consequential or special damages or other indirect loss, howsoever arising, whether or not the company had knowledge that such damage might be incurred, including but not limited to lose of income profits, interest, utility or loss of market. 13. The company will not accept or deal with any noxious, dangerous, hazardous or inflammable or explosive goods or any goods likely to cause damage. Any person delivering such goods to the company or causing the company to handle or deal with any such goods shall be liable for all loss or damage caused thereby and shall indemnify in the company against all penalties, claims, damages, costs, expenses arising in connection therewith and the goods may be destroyed or otherwise dealt with at the sole discretion of the company or other person in whose custody they may be at the relevant home. The expression ‘goods’ likely to cause ‘damage’ includes goods likely to harbour or encourage vermin of their pests. 14. The company not under any circumstances be liable for loss or damage resulting from or attributed to any quotation, statement representation or information whether oral or in writing howsoever made or given by or on behalf of the company or by any servant, employee or agent of the company as to the classification of or liability for amount scale of rate of customs duty, Excise duty or other impost or tax applicable to any goods or property whatsoever or as to whether any goods or property are such that the company shall commit any breach of Act Of Parliament Regulation or Ordinance or other law made in respect of the same. Warranty of Goods/Services 15. All our goods/services will serve their intended functions. Terms of Warranty 16. All warranty conditions are stated in the product/services information provided, unless the manufacturer has provided none. Prices 17. All our prices are nett. No discounts will be given unless during monthly promotions. All Prices are in SGD. Confirmation of Orders 18. We will send an electronic acknowledgement to the customer within 24 hours upon successful submission of the electronic order. If items ordered are unavailable, a message will be sent to the customer for further action. Feedback 19. We welcome your feedback. Should you feel dissatisfied with any of our goods or services, please contact us at Tel: 6732 9393 , Fax: 6738 7338 , Email: enquiry@kmexpress.com.sg Alternatively, customers may refer their complaints to the BusinessTrust Secretariat if they are not satisfied with the resolution of the complaint. Complaints can be referred to BusinessTrust Secretariat Mr. Ramesh Vakkiprath 35, Selegie Road, #09-25, Parklane, Singapore 188307 Email: ramesh@cnsg.com.sg http://www.commercetrust.com.sg |