- All packages and documents carried by GD Express Sdn Bhd ("GDEX") for delivery are carried on the terms and conditions entitled GDEX Terms and Conditions of Carriage printed at the back of the waybill.
- All packages consigned to GDEX for delivery in international destinations are subject to the International Terms and Conditions of Carriage as specified by GDEX from time to time.
- All rates quoted in this proposal are exclusive of taxes, duties and government charges imposed or levied in connection with the services to be rendered by GDEX, including but not limited to Service Tax or Goods and Services Tax (currently 6%). All such taxes, duties and government charges imposed or levied in connection with the services rendered by GDEX shall be borne and paid by the Customer.
- All rates charged for courier services in respect of documents which come within the purview of the Postal Services Act, 2012 are subject to the minimum pricing set by the Malaysian Communications and Multimedia Commission (MCMC) applicable from time to time. Take note that effective 1 January 2015, the minimum price set by MCMC for courier services on documents below 500g is a sum not less than Ringgit Malaysia Five (RM5.00) i.e. excluding 6% Service Tax or GST (effective 1 April 2015) per consignment note.
- A Statement of Account or a Tax Invoice will be issued to you on the last day of each calendar month for services rendered from the first day to the last day of the relevant calendar month. Where no services are rendered for the relevant calendar month, a Statement of Account will be issued to you.
- The delivery rates ("Delivery Rates") quoted in this proposal are based on deliveries from the specified pick-up point(s) being ....to the relevant point of delivery.
- The rates as quoted herein is based on actual weight of the package or its volumetric weight, whichever is the higher. The calculation for volumetric weight is according to the following formula:-
In the event of dispute as to the calculation of the volumetric weight and/or the applicable
rate, the customer agrees that the decision made by GDEX shall be final and binding.
- Domestic Destination: Volumetric weight (kg) = length (cm) x width (cm) x height (cm) / 6000;
- International Destination: Volumetric weight (kg) = length (cm) x width (cm) x height (cm) / 5000
- Subject to availability and agreement by GDEX, in the event that the customer requires GDEX to pick up packages from a different location from the specified pick-up points to be delivered to the specified pick-up points(s) ("Reverse Charge Service") GDEX shall be entitled to charge the customer a surcharge ("Reverse Charge") in addition to the Delivery Rates quoted for delivery and the customer shall abide to the terms and conditions stated on the Reverse Charge Requisition Form. The Reverse Charge is the additional surcharge payable by the customer as follows:-
- for each pickup and delivery within Peninsular Malaysia or pickup and delivery within Sabah and within Sarawak the Reverse Charge is an additional RM5.00;
- for each pickup and delivery crossing from Peninsular Malaysia to East Malaysia and vice versa, the Reverse Charge is an additional RM10.00. In addition, for each pickup and delivery crossing from Singapore to Peninsular Malaysia and East Malaysia and vice versa the Reverse Charge is an additional RM20.00
- Different rates will be applicable for delivery service to Non-Regular Service Areas, Extended Service Areas and Special Service Area as specified by GDEX from time to time. For the definition of Non-Regular Service Areas, Extended Service Areas and Special Service Area and the respective applicable rates, please refer to the Rate Chart in Annex A. To confirm classification of delivery destination, please visit our website www.gdexpress.com or contact our Customer Service officer of the respective branch.
- The delivery services offered by GDEX does not extend to Non Serviceable Area. To confirm classification of delivery destination, please visit our website www.gdexpress.com or contact our Customer Service officer of the respective branch.
- If the packages cannot be delivered or is not duly received by the consignee, the customer shall still pay the courier charges incurred.
- Unless otherwise stated, the customer shall pay the courier charges as stated in the invoice within thirty (30) days from the date of invoice, without any right of set-off or deduction. GDEX shall be entitled to charge interest at the rate of [1.5] % per month or such other specified rates from time to time for any outstanding sums.
- Any enquiry on deliveries must be made within 14 days of the shipping date failing which GDEX shall be at liberty to reject any request made by the customer. The customer shall pay any charges specified by GDEX for such services.
- Every request for a hardcopy of a waybill must be made within 3 months from the date of shipment failing which GDEX shall be at liberty to reject any request made by the customer.
The customer shall pay any charges specified by GDEX for such services.
- The customer shall pay a service charge of RM3.00 for every copy of POD (Proof of Delivery) waybill requested by the customer.
- GDEX shall not accept shipments in which the delivery address is a P.O. Box address, except for destinations in Sabah with the telephone numbers of the consignee.
- The customer is aware that loss or damage may occur at any time from the point of pick up to the point of delivery and that the customer shall bear all the risks thereof. GDEX does not carry on the business of insurance. The customer shall be responsible to ensure that any shipment is properly and adequately insured.
- For any claims, the customer shall be bound by the GDEX Terms and Conditions of Carriage printed at the back of the waybill. For further clarification as to the type of packages acceptable to GDEX please consult the Customer Service Officer of the respective station.
- In the course of provision of express delivery and courier services, GDEX may at its discretion also provide customized information technology and electronic tracking and tracing solutions ("IT Solutions") and the customer shall be subject to the terms and conditions stated in the Customised IT Solutions Contract as specified in Annexure B herein.
- Validity: This quoted contractual express carrier rates will expire within 2 years from the issuance date of this proposal and it is subject to renewal thereafter on terms that are acceptable to GDEX. In addition, GDEX reserves their right to make revisions to the quoted rates at any time, by giving a 14 day notice prior to the revisions. The customer upon tender of packages or shipment to GDEX or by using any service provided by GDEX shall be deemed to have accepted and agreed to the terms and conditions herein.
- Claim for and notice of Loss, Damage or Delay GDEX shall be deemed prima facie to have delivered the shipment as described in this waybill unless notice of loss of, or damage to, the shipment, indicating the general nature of such loss or damage, shall have been given in writing to GDEX or to their representative at the place of delivery before or at the time of removal of the shipment into the custody of the person entitled to delivery thereof under this waybill. If the recipient accepted the shipment by endorsing on the Proof of Delivery without raising any damage, shortage or dispute, GDEX shall be deemed to have discharged its responsibility / liability towards the Customer and / or over the shipment. Any claim by the customer for loss, damage or delay to the shipment shall be made in writing within fourteen (14) days from the date when the shipment should have reached the designated destination failing which GDEX shall have no liability whatsoever. The content, original shipping carton and packaging of the shipment shall be made available to GDEX within Seven (7) days from the date of written notification in order for GDEX to evaluate
the claim for damage. No claim shall be entertained unless all outstanding amounts due to GDEX from the Customer have been fully settled. The amount of any claim shall not be set-off against any amount owing to GDEX. GDEX shall be discharged of all liability whatsoever in respect of the shipment unless suit is brought in the proper forum and written notice thereof received by GDEX:
- in respect of Carriage by air, within 2 years after delivery of the shipment or the date when the shipment should have been delivered or any other time limit compulsorily imposed by applicable convention, rules or regulations whichever is the later
- in respect of Carriage other than by air, within 30 days or any other time limit compulsorily imposed by applicable rules or regulations, whichever is later, after delivery of the shipment or the date when the shipment should have been delivered. In the event that such time period shall be found contrary to any convention or law compulsorily applicable, the period prescribed by such convention or law shall then apply but in that circumstance only.
- No liability and/or limited liability Every shipment is transported on a limited liability basis on the terms stated herein. GDEX's liability is strictly limited to direct loss and damage only. If the customer requires greater protection. GDEX can arrange insurance for Customer covering the actual cash value in respect of loss of or physical damage to the Shipment, provided the Customer request it via GDEX systems and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delay. Where the Warsaw or CMR conventions or any national laws implementing or adopting these conventions apply or where other mandatory national law applies, the liability of GDEX is governed by and will be limited according to the applicable rules. Where convention, regulations, rules or other mandatory national laws do not apply to the carriage of the shipment under this waybill, GDEX will only be liable if loss, damage, delay, shortage, mis-delivery, non-delivery, misinformation or failure to provide information in connection with the Customer's Shipment, if it is proved that the said loss, damage, delay, shortage, mis-delivery, non delivery, misinformation or failure to provide information in connection with the Customer's Shipment resulted from the acts or omissions of the management of GDEX committed with the intent to cause such loss or recklessly and with knowledge that such loss would probably result and GDEX's total liability under any circumstances whatsoever shall not exceed RM 200.00 per shipment or the cost of replacement, whichever is lower, unless a higher value has been declared in which case the shipment shall be insured by the customer and the customers' sole remedy shall be from the proceeds of the insurance policy. In the event the shipment is insured by the customer, the customer shall name GDEX as the co-assured and shall waive all rights of subrogation under the insurance policy against GDEX. If the customer fails to procure such insurance policies naming GDEX as co-assured and/or waive all rights of subrogation under the insurance policy against GDEX, the customer shall indemnify, defend and hold GDEX harmless against all the consequences of having failed to comply with the provisions of this paragraph.
GDEX SHALL NOT BE LIABLE, INCLUDING BUT NOT LIMITED TO, IN CONTRACT, TORT, EQUITY, NEGLIGENCE AND STRICT LIABILITY FOR ANY LOSS OF INCOME, LOSS OF MARKET, LOSS OF PROFIT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT LOSS OR DAMAGE WHATSOVER AND
HOWSOEVER CAUSED WHETHER GDEX KNEW OR OUGHT TO HAVE KNOWN OF THE VALUE OF ANY SHIPMENT AND / OR SUCH LOSS AND/OR DAMAGE MIGHT OCCUR.
- Situations where GDEX shall not be held liable GDEX shall not be liable for the Customer's failure to comply with the conditions herein or resulting from Customer's acts, negligence, default, misconduct or omission, including but not limited to inaccurate description of any Shipment; inadequate or inappropriate packaging, securing, marking or addressing of any Shipment; or for the act, default, negligence, misconduct, omission, violation of any conditions herein of the recipient or any one who has interests in the Shipment. GDEX shall not be liable for any loss, damage, delay, shortage, mis-delivery, non delivery, mis-information, or failure to provide information in connection with the items stated under the heading of 'Items Not Acceptable for Carriage'. GDEX shall not be liable for any loss, damage, delay, shortage, mis-delivery, non delivery, misinformation or failure to provide information in connection with Customer's Shipment which is
GDEX shall not be liable for any losses and damages caused by any fraud, wilful acts, reckless acts, acts, omissions, gross negligence of any person (including its employees, servants, agents, affiliates, contractors, their agents and their respective employees / agents) and shall not be vicariously liable for any such action or omission for which the management of GDEX has exercised reasonable diligence. The customer is aware that every waybill/ consignment notes (whether in blank or used) supplied by GDEX shall remain the property of GDEX. The customer shall procure that every waybill/ consignment note shall be accounted for and shall only be utilized for packages to be delivered by GDEX and not otherwise. The customer shall not misuse or distribute the waybill/ consignment notes for the customer's/ third party(ies)' own purposes. The customer shall indemnify and keep GDEX, its agents, workmen or servants harmless against any liability, loss or damage (including bodily injury) of whatsoever nature direct or indirect sustained by GDEX, its agents, workmen or servants attributed, related to and/or howsoever arising from the customers acts, omission, neglect, intentional or dishonest acts and/or any damage/ loss which is attributable, related to and/or howsoever arising from the customer/ third party(ies)' wrongful/ unauthorized use or distribution of the waybill/ consignment notes. This indemnity shall also include any liability, loss or damage as a result of any claim whatsoever and any summons, penalties, fines against GDEX by any third party or the relevant Authorities as a result of any act, omission, neglect or intentional acts by the customer, its agents, workmen or servants and/or third party(ies) arising from/ attributed to the wrongful/ unauthorized/ misuse of any waybill/ consignment note.
- beyond the reasonable control of the management of GDEX;
- resulting from of Acts of God and
- by the occurrence of a force majeure event including but not limited to 1) severe weather, 2) fire and flood ; (3) war, rebellion, sabotage, riot, terrorism; (4) strike or industrial dispute of whatsoever nature; (5) act or omission of local or overseas public authority and changes in applicable law; (6) disruption of air or ground network; (7) mechanical problems to modes of transportation / machinery or material shortage (i.e. fuel and electricity).
- Privacy Notice The Personal Data Protection Act 2010 (PDPA) is enforced. Please kindly visit www.gdexpress.com for more information on the Privacy Notice.
- Consent Authorisation The Credit Reporting Agency Act 2010 ("CRA" Act). Please kindly visit www.gdexpress.com for more information on the Consent Authorisation.