Freight Waybill Contract Terms

(The Freight Waybill Contract Terms) (hereinafter referred to as “this Contract”) is a contract established between T&I Limited and the sender. Once the sender signs the back page of this (Freight Waybill Contract Terms), it shall be deemed that the sender has clearly understood and agreed to all terms of this (Freight Waybill Contract) and agrees to execute them diligently.

Part A: Establishment of the Contract, Law, and Jurisdiction

1. If the sender entrusts T&I Limited to express parcels or documents in the People’s Republic of China (excluding the Hong Kong Special Administrative Region) (hereinafter referred to as “the Mainland Contract”), the contracting parties are T&I Limited and the sender. If the sender entrusts T&I Limited to express parcels in the Hong Kong Special Administrative Region, the contracting parties are T&I Limited and the sender.

2. This contract is established on the date the sender signs it. If the shipment is sent within the People’s Republic of China (excluding the Hong Kong Special Administrative Region), it is referred to as the “Mainland Contract.” The parties agree that this contract is governed by the laws of the People’s Republic of China and shall be interpreted accordingly, subject to the exclusive jurisdiction of the courts of the People’s Republic of China.

3. If the shipment is sent within the Hong Kong Special Administrative Region, it is referred to as the “Hong Kong Contract.” The parties agree that this contract is governed by the laws of the Hong Kong Special Administrative Region and shall be interpreted accordingly, subject to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.

4. The market value of this contract is expressed in yuan. For the Mainland Contract, this value refers to Renminbi (RMB); for the Hong Kong Contract, this value refers to Hong Kong dollars (HKD).

Part B: Terms of the Contract

1. The company will not accept for transportation items including invoices, negotiable securities, publications prohibited by the state, jewelry, passports, personal documents, certificates, contracts, approvals, cash, personal letters, verification forms, valuable items, animals, pharmaceuticals, drugs, liquid items, counterfeit items, items with incorrect origin, dangerous goods (such as corrosive or radioactive materials), flammable and explosive materials, white powder, and any items prohibited by relevant laws (i.e., the laws of the People’s Republic of China or Hong Kong).

2. Regarding whether each parcel meets customs regulations or air transport requirements, the company reserves the absolute right to open and inspect parcels. If any parcel is found to be unacceptable, the company has the right to refuse acceptance or return it. If the company returns the parcel to the sender, it has the right to charge or deduct an administrative fee.

3. Parcels with a declared value exceeding $5000 hkd will not be accepted.

4. If the volumetric weight of a parcel exceeds 6000 cubic centimeters per kilogram and requires air transportation either throughout or part of the journey, the payment weight should be calculated according to the International Air Transport Association (IATA) regulations. The formula for calculating the payment weight (in kilograms) is: Length (cm) x Width (cm) x Height (cm) ÷ 6000. If the parcel is not transported by air, the calculation formula is: Length (cm) x Width (cm) x Height (cm) – 12000.

Responsibilities of the Sender:

5. The sender must truthfully and clearly fill out the shipping material. The company will not be responsible for any delays or additional costs incurred by the sender due to the concealment of the true nature of the shipment or any errors, omissions, or unclear information related to the shipment.

6. The sender must indemnify the company for any losses and compensations arising from violations of the terms of this contract and the following guarantees:

6.1) The sender guarantees that all provided information is accurate; or
6.2) The sender guarantees that the shipment has not been subject to any unauthorized interference during preparation, storage, and delivery to the company; or
6.3) The sender guarantees that the shipment is properly packaged and that all necessary measures have been taken to ensure safe transport; or
6.4) The sender guarantees compliance with all postal, import/export, and customs laws in China and Hong Kong.

Additional Delivery Services:

7. The company will not be responsible for delivery delays caused by unclear recipient addresses, incorrect contact numbers, or changes in the recipient’s address provided by the sender or client.

8. If a shipment is not received during normal working hours, the company will arrange a free redelivery. However, if the shipment is still not received after the second or subsequent deliveries, the company will charge the sender an additional service fee of $100 for each attempt. If the sender does not agree to pay the extra service fee, the company reserves the right to refuse delivery. If the sender requests the return of the shipment, they must pay for round-trip shipping in advance. Additionally, the company has the right to retain the shipment.

9. If the shipment is arranged to be paid by the recipient, but the recipient refuses to pay (including duties or other fees), all costs will be borne by the sender. The company has the right to retain the shipment until all fees are paid. The company will also not be responsible for any delivery delays caused by this situation. If the sender requests the return of the goods, they must pay for round-trip shipping.

10. If the recipient refuses to accept the shipment and the sender does not wish to return it, the sender will bear the cost of the first leg of shipping. This shipment will be treated as a void item, and the company will retain it for three months (starting from the date of shipping).

11. Once the sender pays the shipping fee, whether they are a monthly billing customer or an individual, they cannot change the payment method after confirmation by the company. If the shipping fee is to be paid by the recipient:

11.1) The recipient cannot demand to change it to be paid by the sender or another party;
The sender can request a change to pay the shipping fee within one week from the date of shipment; however, if the recipient has already paid the shipping fee, the sender cannot change the payment method. When the company agrees to the sender’s change of payment method, the company reserves the right to charge a handling fee for each shipment.
11.2) If the customer chooses third-party payment, the payer must be confirmed by a Hong Kong company or the company’s Hong Kong monthly billing customer.

12. If the sender or recipient owes the company money for over 60 days, they will be placed on a non-payment list. For any shipments from customers on the non-payment list, the company will not accept them. For any shipments for recipients on the non-payment list:

13. If the shipping fee has been paid by the sender, the company will deliver normally;
13.1) If the shipping fee is to be paid by the recipient, delivery can be made only if the sender agrees to change the payment to be made by the sender and agrees to pay a handling fee for each shipment;
13.2) If the shipping fee is to be paid by the recipient and the sender does not wish to change the payment method, the company has the right to refuse delivery. If the sender requests to return the shipment to the original shipping location, they must bear the round-trip shipping cost. If the sender does not wish to return the shipment, it will be treated as a void item, and the company will retain it for three months (starting from the date of shipping). After this period, the company has the right to dispose of it.

Responsibility and Compensation:

14. If delays in delivery or damage to the shipment occur due to uncontrollable factors such as traffic congestion, traffic accidents, customs actions, weather conditions, natural disasters, earthquakes, fires, wars, or inherent defects in the shipment, as well as issues like electromagnetic interference affecting electronic products, T&I Limited shall not be liable for compensation.

15. Shipments entering or leaving customs must be accompanied by a formal invoice. If the shipment is detained, confiscated, or fined due to issues with the sender’s documentation, T&I Limited shall not be responsible for any resulting liabilities and reserves the right to pursue legal responsibility from the sender.

16. T&I Limited shall not be liable for compensation for damage to shipments that have poor internal or external packaging due to the sender’s negligence, especially for fragile items like ceramics, glass, and lighting fixtures.

17. In the event of theft, loss, or damage during the delivery process due to T&I Limited’s negligence, the company will compensate for the actual value of the stolen, lost, or damaged shipment, but the compensation amount shall not exceed three times the shipping cost. For fragile items damaged (provided it is not due to poor packaging), a free replacement of the same type of item with equivalent shipping costs may be provided.

18. T&I Limited shall not bear any liability for the sender’s profits, actual use, or any direct or indirect losses, including special commercial value losses.

19. For claims regarding shipments, the sender or recipient must submit a written claim to T&I Limited within 15 days from the day after shipping, along with relevant supporting documents. T&I Limited will respond within 30 days of accepting the relevant documents. Failure to submit a claim within the specified time frame will be deemed as a waiver of the right to claim.

20. Customers may voluntarily choose to purchase insurance for their shipments. For insured shipments that are lost, damaged, or short, compensation will be made according to the insurance terms. T&I Limited will not be liable for any other losses or indirect damages.

21.  If this contract falls under the jurisdiction of the “Convention for the Unification of Certain Rules for International Carriage by Air,” signed on October 12, 1929, in Warsaw, or the “Protocol,” revised in The Hague on September 28, 1955 (collectively referred to as the “Warsaw Convention”), any liability of T&I Limited for the loss, damage, or delay of the shipment will be determined according to the terms of the Warsaw Convention.