LOTTE GLOBAL LOGISTICS CO., LTD COURIER SERVICE
TERMS AND CONDITIONS OF CARRIAGE ("Terms and Conditions")
When ordering LOTTE GLOBAL LOGISTICS CO., LTD(Here in after LGL)'s services you, as "Shipper" are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment, that the Terms and Conditions shall apply from the time the LGL accepts the Shipment unless otherwise agreed in writing by an authorized officer of LGL. Your statutory rights and entitlements under any service feature (for which additional payment has been made) are not affected. "Shipment" means all documents or parcels that travel under one waybill and which may be carried by any means LGL chooses, including air, road or any other carrier. A "waybill" shall include any level produced by LGL automated systems, air waybill, or consignment note and shall incorporate these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein.
- 1. Customs, Exports and Imports
- LGL may perform any of the following activities on Shipper's behalf in order to provide its services to Shipper: (1) complete any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations, (2) act as Shipper's forwarding agent for customs and export control purposes and as Receiver solely for the purpose designating a customs broker to perform customs clearance and entry and (3) redirect the Shipment to Receiver's import broker or other address upon request by any person who LGL believes in its reasonable opinion to be authorized.
- 2. Unacceptable Shipment
- Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if:
- It is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA(International Air Transport Association), ICAO(International Civil Aviation Organization), any applicable government department or other relevant organization;
- No customs declaration is made when required by applicable customs regulation; or
- LGL decides it cannot transport an item safely or legally (such items include but are not limited to: animals, currency, bearer from negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs).
- 3. Deliveries & Undeliverable
- Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the receiver's address given by Shipper but not necessarily to the named Receiver personally. If the Receiver refuses delivery or to pay for delivery, or the Shipment is deemed to be unacceptable, or it has been undervalued for customs purpose, or Receiver cannot be reasonably identified or located, LGL shall use reasonable efforts to return the Shipment to Shipper at Shipper's cost, failing which the Shipment may be released, disposed of or sold by LGL without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to Shipper.
- 4. Inspection
- LGL has the right to open and inspect a Shipment without prior notice to Shipper.
- 5. Shipment Changes & Billing
- LGL's Shipment charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighted and re-measured by LGL to confirm this calculation. Shipper shall pay or reimburse LGL for all Shipment charges, storage charges, duties and taxes owed or services provided by LGL or incurred by LGL on Shipper's or Receiver's or any third party's behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport as described in Section 2.
- 6. LGL's Liability
- LGL's liability for loss of, damage to, or failure to deliveries is limited to its actual cash value and shall not exceed the greater of USD100.00 per shipment or USD20.00 per kilogram. LGL does not provide cargo liability or all risk insurance.
- 7. Time Limits for Claims
- All claims must be submitted in writing to LGL within thirty(30) days from the date that LGL accepted the Shipment, failing which LGL shall have no liability whatsoever.
- 8. Shipment Insurance
- LGL can arrange insurance for Shipper covering the actual cash value in respect of loss of or physical damage to the Shipment, provided the Shipper completes the insurance section on the front of the waybill or requests it via LGL's automates systems and pays the applicable premium Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.
- 9. Delayed Shipments
- LGL will make every reasonable effort to deliver the Shipment according to LGL's regular delivery schedules, but these are not guaranteed and do not form part of the contract, LGL is not liable for any damages or loss caused by delays.
- 10. Circumstances beyond LGL's control
- LGL is not liable for any loss or damage arising out of circumstances beyond LGL's control. These include but are not limited to: -"Act of God"- e.g. earthquake, cyclone, storm, flood, fog; "Force Majeure"- e.g. war, plane crash or embargo; any defect or characteristic related to the nature of the
Shipment, even if known to LGL; riot or civil commotion; any act or omission by a person not employed or contracted by LGL e.g. Shipper, Receiver, third party, customs or other government official; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data
- 11. Warsaw Convention
- If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention("Warsaw"), if applicable, governs and in most cases limits LGL's liability for loss or damage.
- 12. Shipper's Warranties and Indemnity
- Shipper shall indemnify and hold LGL harmless for any loss or damage arising out of Shipper's failure to comply with any applicable laws or regulations and for Shipper's breach of the following warranties and representations
- All information provided by Shipper or its representatives is complete and accurate
- The Shipment was prepared in secure premises by Shipper's employees
- Shipper employed reliable staff to prepare the Shipment
- Shipper protected the Shipment against unauthorized interference during preparation, storage and transportation to LGL
- The Shipment is promptly marked and addressed and packed to ensure safe transportation with ordinary care in handling
- All applicable customs, import, export and other laws and regulations have been complied with and
- The waybill has been signed by Shipper's authorized representative and the Terms and Conditions constitute binding and enforceable obligations of Shipper.
- 13. Governing Law
- Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of LGL, to the non-exclusive jurisdiction of the courts of, and governed by the law of the Republic of Korea and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
- 14. Severability
- The invalidity or unenforceability of any provision shall not affect any other part if these Terms and Conditions.