The terms and conditions specifically or adopt standard terms and conditions either specifically or by standard terms KTMD transport standards.
Please read all terms and conditions carefully.
STANDARD CONDITIONS OF CARRIAGE
The Customer, upon tender of goods or documents to KTM Distribution Sdn. Bhd. (KTMD) for carriage or transportation shall be deemed to have accepted and agreed to the terms and conditions herein, which terms and conditions shall be referred to as KTMD STANDARD CONDITIONS OF CARRIAGE.
- Reference to KTMD shall include KTMD and its appointed agents, wherever situated.
- Any business undertaken by KTMD is carried out subject to the conditions herein after set out each of which shall be deemed to be incorporated by reference into any and all agreements whether written or otherwise between KTMD and a customer. KTMD shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing and signed on behalf of KTMD by a duly authorized officer thereof. In the absence of any such written agreement to the contrary these conditions shall constitute the entire agreement between KTMD and each of its customers.
- KTMD is not a common carrier and will only carry documents or goods subject to these conditions herein. KTMD reserves the right to refuse the carriage or transportation of any document or goods or class of documents or goods for any person, firm, company or entity at its absolute discretion.
- KTMD undertakes subject to payment in accordance with rates notified to the customer from time to time to carry the customer’s documents or goods between destinations agreed between KTMD and the customer(s). KTMD reserves the right to carry the documents or goods by any route whereby the customer hereby agrees to all routing and diversion done by KTMD while carrying the documents or goods and procedures and by any carriers or successive carriers and according to any handling, storage and transportation methods as KTMD thinks fit.
- KTMD reserves the right but not the obligation to inspect the goods or documents consigned by its customer to ensure that all such documents or goods are capable of carriage to the countries of destination within the standard operating procedures. Customs declaration and handling methods of KTMD provided that in making this reservation KTMD does not undertake or represent that any particular item to be carried is capable of carriage and delivery without infringing the law of any country or state to or through which the item may be carried.
- Any rates quoted by KTMD to carriage are exclusive of any value added tax, duties, levies, imposts, deposits or outlays incurred in respect of carriage of customer's documents or goods. The customer shall be liable for such customs duty, value added tax, duties, imposts, deposits, or outlays in the event of default in payment by the Receiver. KTMD shall not be liable for any loss or damage incurred due to the customer's documents or goods be in impounded by customs or similar authorities and the customer shall indemnify KTMD for any fines, penalties or loss suffered by KTMD in connection therewith.
- The marking and packaging of the customer’s documents or goods for transportation is the customer’s sole responsibility including the placing of the documents or goods in any container which may be supplied to the customer by KTMD. KTMD accepts no responsibility for loss or damage to documents or goods caused by inadequate, inappropriate or defective packaging. It is the sole responsibility of the customer to address adequately and clearly each consignment of documents or goods to enable effective delivery to made. KTMD shall not be liable for delay in forwarding or delivery resulting from the customer’s failure to comply with its obligations in this respect.
- KTMD shall not be liable for all or any losses, damage and expenses arising as a result of the customer’s failure to comply with the customer’s obligations under this Agreement or as a result of the customer’s negligence.
- The customer warrants that the customer is the true owner of the goods or document consigned for carriage or is the duly authorized agent of the true owner and that he is authorized to accept and is accepting these conditions not only on behalf of himself but also as agent for and on behalf of all persons who are or may hereafter become interested in the document or goods. The customer hereby undertakes to indemnify KTMD against any damages, costs and expenses resulting from any breach of this warranty.
- KTMD shall be liable subject to clause 11 hereof for loss sustained by the customer due to damage or loss of the documents or goods whilst in KTMD's custody or control provided that such loss or damage was due to the negligence of KTMD, its servants or agents. Save as aforesaid, KTMD shall be under no liability in respect of the document or goods carried by it and in particular shall not be liable for consequential loss however arising. The parties agree that consequential loss shall be deemed to include without restriction commercial, financial or other direct loss including loss of interest, profit, markets and utility. KTMD shall not be liable for any loss or damage incurred by the customer due to any delay in the carriage or delivery of documents or goods which are beyond the control of KTMD or any loss or damage as a result of Act of God or a force majeure occurrence.
- The liability of KTMD shall be limited to the payment by KTMD by way of damages of a sum not exceeding RM 200 or its equivalent per consignment or the value of the consigned goods or documents, whichever is lesser. For the purpose of establishing the amount of KTMD's liability under this clause the value of a document or the goods shall be ascertained by reference to their replacement or constitution value at the time and place of shipment without reference to their commercial utility to the customer and other items of consequential loss. Consequential loss herein shall bear the same meaning as in clause 10 hereof.
- Any claim brought by a customer against KTMD hereunder must be notified by the customer to an once of KTMD in writing within 7 working days of the date when the document or goods should have reached their destination after which date, no claim howsoever shall be entertained by KTMD. No claim shall be entertained until all outstanding due to KTMD from the customer have been fully settled. The amount of any such claim shall not be set-o against any amount owing to KTMD.
- KTMD will not carry the following goods, documents and materials listed herein and such other goods, documents and materials which KTMD may notify the customer of from time to time as dangerous hazardous, combustible or explosive materials, .prohibited drugs, gold and silver bullion. Coin, dust, cyanides, precipitates, or any form of uncoined gold and precious and semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, negotiable securities. Stocks, bonds, certificates, uncancelled postage or revenue stamps, war savings or thrift stamps, blank or endorsed cashier's cheque. money orders or travelers cheque, letters, antiques, pictures, plants and in the event that any customer should consign such item with KTMD the customer shall fully indemnify KTMD for all claims, damages and expenses arising in connection therewith and KTMD 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 KTMD having knowledge that such items infringes these conditions. The right of inspection referred to in clause 5 shall also apply for the purpose of this clause.
- Goods and documents which cannot be delivered either because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the consignee or if attempts to deliver has been unduly delayed by the consignee may be returned, sold or destroyed at KTMD'S option and all charges and cost incurred in returning, storing, selling or destroying the said goods or documents shall be paid by customer. A communication from KTMD or its authorized agents to the effect that the goods or documents cannot be delivered shall be conclusive evidence of that fact.
- For consignments where door to door freight charges has been paid KTMD will make two attempts at delivery of the consignment to the consignee.-Subsequent attempts will be charged at prevailing local delivery rates.
- Customers have the option to purchase personal insurance through KTMD as an additional protection. Further details can be obtained from KTMD website or by approaching our nearest branch.
- If there are any differences as to the calculation we’ll take the higher one and in the event of dispute as to the calculation of weight, our decision shall be final and binding.
- The Proof of Delivery (POD) can only be requested up to 30 days after the date of delivery.
- The terms and conditions herein shall apply to and incur to the benefit of KTMD and its authorized agents, officers, directors and employees.
- KTMD shall reserve the right to change, alter or modify any clauses of this agreement whenever necessary without prior notice to the customers.
DOCUMENTS NEEDED TO CLAIMS PROCESS (CLAIM GUIDE)
- Notice Of Claim shall be addressed to:
KTM Distribution Sdn Bhd
1st Floor Kuala Lumpur Railway Station
Jalan Sultan Hishamuddin
50050 Kuala Lumpur
Attention: CLAIMS DEPARTMENT @ email : firstname.lastname@example.org
- Completed KTMD’s Claim Form
- Commercial Invoice/Cash Bill/Debit Note
- Repair Bill/Repair Quotation
- Color Photograph(s) Depicting The Damage Goods or Motorcycle
- Internal Incident Report/Police report ( if necessary )
- Other Related Documents (upon request)