Welcome to MOTOREX's Terms & Conditions
1. Motor Express Delivery Sdn Bhd herein is referring to Motorex and all its associates.
2. Motor Express Delivery Sdn Bhd will only cary goods which are the property of the Shipper and the Shipper warrants that it is authorized to accept and is accepting these conditions not only on behalf of itself but also as agent for or on behalf of all other persons who are or who may thereafter become interested in the goods. The shipper hereby undertakes to indemnify Motor Express Delivery Sdn Bhd against damages, costs and expenses resulting from any breach of this warranty.
3. Motor Express Delivery Sdn Bhd does not claim ownership of the goods it deliver, and therefore shipper indemnify Motor Express Delivery Sdn Bhd of all damages, costs , claims caused by its connection of the goods delivered directly or indirectly when shipper sign Motor Express Delivery Sdn Bhd air waybill.
4. Motor Express Delivery Sdn Bhd shall not be liable for any loss, damage, misdelivery or non-delivery not caused by its own negligence; or any loss, damage misdelivery or non-delivery caused by:
i. The act, default or omission of the Shipper, Consignee, or any other party who claims any interest in the shipment.
ii. The nature of the shipment or any defect, characteristic, or inherent vice there of.
iii. Act of God, perils of the air, public enemies, public authorities acting with actual or apparent authority of law, or omissions of customs or quarantine officials, riot, strikes, civil commotions, hazards incident to a state of war, weather conditions, or delay of aircraft or other vehicles used in providing transportation services.
iv. Acts or omissions of any Carrier or other entity or person to whom a shipment is tendered by Motor Express Delivery Sdn Bhd for transportation beyond that provided by Motor Express Delivery Sdn Bhd, regardless of whether the Shipper requested or had knowledge of such third party delivery arrangement
v. SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INDIRECT LOSS HOWEVER ARISING, WHETHER OR NOT Motor Express Delivery Sdn Bhd HAD KNOWLEDGE OR SHOULD HAVE HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS INCOME, INTEREST UTILITY OR LOSS OF MARKET.
5. Due to own negligence, that cause loss and damage of the goods, shippers are entitled to claim maximum of MYR 100 per air waybill.
6. While Motor Express Delivery Sdn Bhd will endeavour to exercise its best efforts to provide an expeditious delivery in accordance with regular delivery schedules Motor Express Delivery Sdn Bhd WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR DELAY IN PICK-UP TRANSPORTATION OR DELIVERY OF ANY SHIPMENT, REGARDLESS OF THE CAUSE OF THE DELAY.
7. The nature of the service Motor Express Delivery Sdn Bhd liability for Courier shipments is limited to the actual amount of the loss or MYR 100 whichever is less. If a liability limitation is required in excess of MYR 100 Motor Express Delivery Sdn Bhd requires the shipper to give prior notice in order for Motor Express Delivery Sdn Bhd to make alternative arrangements.
8. Damage or shortage must be reported in writing to Motor Express Delivery Sdn Bhd or its agent within fourteen (14) days from the date the shipment is placed at the disposal of the person entitled to delivery of the shipment, or in the event of non-delivery, fourteen (14) days from the date of issue of the air waybill. All claims must be received by Motor Express Delivery Sdn Bhd within forty-five (45) days from the date of issue of the air waybill. Notwithstanding any of the foregoing, no claim for damage, shortage, or non-delivery will be entertained until all transportation charges have been paid.
9. Motor Express Delivery Sdn Bhd does not accept hazardous, combustible or explosive materials, precious metals or stone in any form, negotiable securities, negotiable instruments, currency, uncancelled postage or revenue stamps, cashier’s cheques, livestock or plants, or any perishable commodity, and in the event that any Shipper should tender such items to Motor Express Delivery Sdn Bhd, the Shipper shall indemnify Motor Express Delivery Sdn Bhd for all claims, damages and expenses arising in connection therewith and Motor Express Delivery Sdn Bhd shall have the right to deal with such items as it shall see fit, including the right to abandon Carriage of the same immediately upon Motor Express Delivery Sdn Bhd having knowledge that such items have been tendered.
10. Motor Express Delivery Sdn Bhd reserves the right to reject any items due to size and its weight if it is deemed unable to be contained or carried by a motorcycle.
11. Except as otherwise specifically provided in this contract, delivery of the goods will be made only to the Consignee named on the face hereof or the other receiving agents in the consignee company. Notice of arrival of the goods, where required, will in the absence of other instructions be sent to the Consignee or the person to be notified by ordinary methods. Motor Express Delivery Sdn Bhd is not liable for non-receipt or delay in receipt of such notice.
12. Motor Express Delivery Sdn Bhd assumes no obligation to forward the goods by any specified Carrier or any particular route of routes or to make connection at any point according to any particular schedule, and Motor Express Delivery Sdn Bhd is hereby authorised to select or deviate from, the routes of shipment, notwithstanding that the same may be stated on the face hereof.
13. The Shipper warrants that the shipment is packed to protect the enclosed goods and to insure safe transportation with ordinary care in handling and that each package is appropriately labelled and is in good order for Carriage. All shipments may, at Motor Express Delivery Sdn Bhd’s option, be opened and inspected.
14. The Shipper shall adhere with all applicable laws, customs and other government regulations of Malaysia, including those relating to the packing, carriage or delivery of the goods, and shall furnish such documents as may be necessary to comply with such laws and regulations. Motor Express Delivery Sdn Bhd is not liable to the Shipper or any other person for loss or expense due to Shipper’s failure to comply with this provision.
15. Shipper agrees that Motor Express Delivery Sdn Bhd may accept the air waybill as a Shipper’s letter of instructions, authorizing Motor Express Delivery Sdn Bhd to act as Shipper’s agent for delivering the item. Motor Express Delivery Sdn Bhd assumes no liability whatsoever for failure to act as Shipper’s agent as provided in this article.
16. These conditions of contract, and any interpretation or dispute arising there from, shall be made in accordance with, and shall be within the exclusive jurisdiction of the laws and courts respectively of Malaysia government.
17. Motor Express Delivery Sdn Bhd IS NOT A COMMON CARRIER, and will only carry goods subject to these conditions.