These standard trading conditions apply to every quotation, booking and shipment Riffblox Logistics Sdn Bhd (“the Company”) accepts, unless a separate written contract has been signed with the customer. They are based on the FMFF Standard Trading Conditions and the FIATA Model Rules, adapted for Malaysian law.
1. Definitions
“Customer” means any person at whose request or on whose behalf the Company undertakes any business. “Goods” means the cargo to which any service of the Company relates. “SDR” means Special Drawing Rights as defined by the International Monetary Fund.
2. Scope of services
The Company acts as a freight forwarder, customs broker, warehouse keeper or carrier (as the case may be) and is entitled, at its sole discretion, to sub-contract the whole or any part of the services to third parties on any terms whatsoever.
3. Quotations and rates
Quotations are valid for the period stated on the quotation document, or for seven calendar days where no period is stated. They are subject to revision in the event of currency fluctuations of more than 3%, changes in carrier rates, terminal handling charges, fuel surcharges or government-imposed levies between the date of quotation and the date of shipment.
4. Customer warranties
The Customer warrants that:
- It is either the owner or the authorised agent of the owner of the Goods and is authorised to accept these terms.
- The description, weight, dimensions and value of the Goods declared to the Company are accurate.
- The Goods are properly and sufficiently prepared, packed, stowed, labelled and marked.
- The Goods do not contain any prohibited, restricted, hazardous, dangerous, infectious or live matter unless specifically declared in writing and accepted in writing by the Company.
5. Payment terms
Unless otherwise agreed in writing, invoices are payable within 30 calendar days from the date of issue. Late payment attracts interest at 1.5% per month, calculated daily. The Company reserves the right to require payment in advance for new accounts or for high-value movements.
6. Lien
The Company has a general and particular lien on the Goods (and any documents relating to them) for all sums due to it from the Customer on any account whatsoever, whether in respect of the current shipment or otherwise. Goods may be sold at the Customer’s expense after 60 days’ notice if invoices remain unpaid.
7. Liability and limits
The Company’s liability for loss, damage or delay arising from any service is limited to 2 SDR per kilogramme of the affected Goods, or USD 50,000 per single occurrence, whichever is lower. Consequential, indirect or economic losses (including loss of market, loss of profit, loss of contract) are excluded entirely.
8. Insurance
The Company does not automatically insure the Goods. Marine cargo insurance is arranged only where the Customer specifically instructs the Company in writing and accepts the quoted premium. Where the Customer declines cover, the limits in clause 7 are the Customer’s sole recourse.
9. Claims and time bar
Notice of any claim must be given in writing within 14 calendar days of the date of delivery or, in the case of non-delivery, within 30 calendar days of the date the Goods should have been delivered. Any action against the Company must be commenced within nine months of the same dates, failing which any claim is time-barred.
10. Force majeure
The Company is not liable for any loss arising from causes beyond its reasonable control, including but not limited to acts of God, civil unrest, strikes, port closures, government orders, epidemic, war, or carrier default.
11. Governing law
These terms are governed by the laws of Malaysia. Any dispute is subject to the exclusive jurisdiction of the courts of Kuala Lumpur, unless the parties have agreed in writing to refer the matter to arbitration under the rules of the Asian International Arbitration Centre (AIAC) in Kuala Lumpur.
12. Variation
These terms may be varied only by a document signed by an authorised director of the Company. Verbal assurances, emails between operational staff and individual sales correspondence do not amend these terms.