Terms and Conditions

ShipChina.com Waybill Terms and Conditions of Carriage:

WHEREAS SHIPCHINA.COM and SHIP GROUP LLC, (Collectively SHIPCHINA), are authorized resellers of services provided by KEX EXPRESS (CANADA) LTD and SF International logistics. KEX EXPRESS (CANADA) LIMITED (hereafter referred as “KEX” is one of the affiliated companies under SF International logistics network and has the right to provide SF International logistics services to customers within the territory of United States. NOW THEREFORE, when booking a shipment or engaging the services of SHIPCHINA, you, as “Shipper”, agree and enter into these Terms and Conditions with SHIPCHINA and KEX when on your behalf and on behalf of the receiver of the Shipment (“Receiver”) and anyone else with an interest in the Shipment. 1 Definitions 1.1 "KEX", “us” and “our” refers to KEX EXPRESS (CANADA) LIMITED, its subsidiaries, branches, affiliates, agents, and independent contractors, who have accepted your Shipment. 1.2 Montreal Convention means the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal on 28th May 1999, as amended from time to time. 1.3 "Personal Data" means any data relating directly or indirectly to an individual, from which it is possible and practical to ascertain the identity of the individual from the said data, in a form in which access to or processing of the data is practicable. 1.4 "Shipment" means all packages which are tendered to and accepted by us on one waybill. 1.5 “T&C” refers to these terms and conditions and are subject to change by KEX from time to time at its own discretion without prior notification. For the avoidance of doubt, any such change shall become effective and binding on the Shipper upon its publication on the official website https://www.sf-international.com/us/en/use_clause/USs_Terms_and_Condition_of_Wa ybill.html 1.6 “Warsaw Convention” means the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12th October 1929 as amended by the Hague Protocol signed on 28th September 1955 and otherwise from time to time. 1.7 A “waybill” shall include any Shipment identifier or document produced by KEX or Shipper automated systems such as a label, customs invoice or destination specific documents, barcode or waybill as well as any electronic version thereof. 2 Data Privacy Policy KEX is committed to safeguard the Personal Data provided by the Shipper. In relation to the collection, use, processing, retention, disclosure, transfer, security and access of the Personal Data, KEX shall comply with applicable laws and regulations as well as 第 34 页,共58页 the relevant code of practice issued by KEX. Shipper hereby warrants that he/she has obtained such Personal Data lawfully and has obtained consent from the Receiver to provide such Personal Data to KEX. Please refer to the Data Privacy Policy Statement published on the official website of SF (https://www.sf-international.com/us/en/Privacy_Policy/). 3 KEX’s liability 3.1 KEX’s liability in respect of any one Shipment, including but not limited to the liability of loss, damage (whether in full or partially), is strictly limited to direct loss only and to the limits stipulated in this clause 3. All other types of loss or damage are excluded (including but not limited to indirect loss or damage, actual use, business opportunities, loss of earnings, lost profits, income, interest and future business), whether such loss or damage is special or indirect, and even if the risks of such loss or damage was brought to KEX’s attention before or after acceptance of the Shipment. 3.2 KEX’s liability in respect of any one Shipment shall be limited to the stipulation of the following: 1.a.1 If the carriage of a Shipment combines carriage by air and involves an ultimate destination or stop in a country other than the country of departure, without prejudice to clauses 10 and 13, the Warsaw Convention or the Montreal Convention, whichever is compulsorily applicable, will apply. In the case where such Conventions are inapplicable, KEX’s liability is limited to the Declared Value (as defined in Clause 7.1 below) but shall in no event exceed the lesser of USD100 or USD20/kg or USD9.07/lb. If the carriage of a Shipment combines carriage by air, road or other mode of transport, it shall be presumed that any loss or damage occurred during the air period unless proven otherwise. or Where Shipments are carried only by road, KEX’s liability shall be subject to the Convention for the International Carriage of Goods by Road approved on 19th May 1956 (“CMR”), or in the case where CMR is inapplicable, KEX’s liability is limited to the Declared Value but shall in no event exceed the lesser of USD100 or USD10/kg or USD4.54/lb (not applicable to the United States). Such limits will also apply to national road transportation in the absence of any mandatory or lower liability limits in the applicable national transport law. 1.a.2 Claims are limited to one claim per Shipment, settlement of which shall be full and final for all loss or damage in connection therewith. IF SHIPPER REGARDS THESE LIMITS AS INSUFFICIENT, IT MUST PURCHASE SPP Service (as more particularly specified in Clause 13 below) OR MAKE ITS OWN INSURANCE ARRANGEMENTS. 1.a.3 Unless contrary to applicable laws, all claims concerning shipment damage or shortage (visible or hidden) must be submitted in writing to KEX within 7 calendar days upon shipment delivery, and in case of route interruption, such claims must be submitted in writing to KEX within 30 calendar days 第 35 页,共58页 from the date KEX accepted the Shipment; otherwise KEX shall no longer assume any liability whatsoever. KEX is not obligated to act on any claims until all Shipment charges have been paid. The Shipment charges shall not be offset against the claim amount. Receipt of the Shipment by the Receiver without written notice of damage on the delivery record is prima facie evidence that the Shipment was delivered in good condition. As a condition for KEX to consider any claim for loss or damage the Receiver must make the contents, original shipping and packing materials available for inspection by KEX. 1.a.4 All assessment regarding the degree of damage on or the portion missing from the Shipment shall be at the sole and absolute discretion of KEX. 4 Unacceptable Shipments Shipper agrees that its Shipment is deemed unacceptable if: 4.1 It is classified as hazardous material, dangerous goods, prohibited or restricted articles by International Air Transport Association, International Civil Aviation Organization, or under European Agreement Concerning the International Carriage of Dangerous Goods by Road (“ADR”) , any applicable government department or other relevant organization; 4.2 no customs declaration is made when required by applicable customs regulations; 4.3 the goods are classified as dangerous goods or KEX believes that it cannot be carried safely or legally, including but not limited to animals and parts thereof, currency, bearer instruments, negotiable instruments, counterfeit goods, precious metals and stones, firearms and parts thereof, ammunitions, human remains, pornography, illegal narcotics/drugs, infringing products; or 4.4 Receiver’s address is incorrect, incomplete or not properly marked or Shipment’s packaging is defective or inadequate to be carried safely with ordinary and reasonable care. KEX shall have the absolute right to deal with the Shipment as it sees fit, including destroying any unacceptable Shipment as specified in this clause. 5 Right to Inspect KEX may open and inspect the Shipment without notice at any time for safety, security, customs or other regulatory reasons. If the Shipper is entrusted by others to send Shipments, the Shipper is also required to provide identity proof of the actual consignor. KEX shall not be responsible for any loss or any delay caused to the Shipment due to such inspection. 6 Shipper’s Warranties and Indemnity Shipper shall indemnify and hold KEX harmless for any loss or damage in connection with or resulting from the Shipper’s failure to comply with any applicable laws or regulations and for the Shipper’s breach of the following warranties and representations, and KEX shall be entitled to reject the Shipper’s shipping orders in the future, regardless of whether KEX accepts, checks, inspects or rejects the Shipment or not: 6.1 all information provided by the Shipper or its representative(s) is legible, complete and 第 36 页,共58页 accurate; 6.2 if the Shipper authorizes another person to complete the information on his, her or its behalf, the completed information shall be confirmed by the Shipper in person and the risks arising from the acts of the authorized person shall be taken by the Shipper; 6.3 the Shipment was prepared securely and sufficiently packed to ensure safe transportation with ordinary and reasonable care and was protected against unauthorized interference during preparation, storage and transportation to KEX; 6.4 if the Shipper authorizes another person to pack the Shipment on his, her or its behalf, the Shipper shall make sure that the Shipment is securely and sufficiently packed to ensure safe transportation with ordinary and reasonable care, that KEX is protected against unauthorized interference during Shipment preparation, storage and transportation, and that the risks arising from the acts of the authorized person shall be taken by the Shipper; 6.5 the Shipment is properly described and correctly labelled; 6.6 the Shipment shall be obliged to comply with all applicable customs, import, export, data protection laws and other laws and regulations of the origin, destination, and transit countries 6.7 Shipper has obtained all necessary consents in relation to Receiver’s Personal Data provided and disclosed to KEX; 6.8 unless otherwise specified, the Shipper shall provide correct customs clearance documents and/or pay duties and provide duty receipts in a timely manner; 6.9 the Shipment shall NOT contain official documents issued by government agencies, wild animals protected by the state, endangered wild animals and their products, any animals and parts thereof, currency, bearer instruments, negotiable instruments, precious metals and stones, firearms and parts thereof, ammunitions, human remains, pornography, illegal narcotics/drugs, counterfeit, fake and infringing articles, articles subject to export control of the origin country in respect of which no export license or permits have been obtained and/or articles otherwise prohibited or restricted by laws and regulations; and shall not jeopardize the national security, public security and legal rights of citizens, legal persons and other organizations through delivery channels; 6.10 the waybill has been agreed and confirmed by the Shipper or the Shipper’s authorized representative on his/her/its behalf and on behalf of the Receiver and anyone else with an interest in the Shipment and these T&C constitute binding and enforceable obligations of the Shipper and its representatives; 6.11 Regardless of whether KEX accepts or rejects a Shipment, it shall not constitute a waiver of the Shipper’s Warranties and Indemnity under this clause 6 or KEX’s limitation of liability under clause 3 hereof. 6.12 Shipper shall not jeopardize the national security, public security, or legal rights of any persons, entities or other organizations; and 6.13 all representations and information in relation to the Shipment (including HTS code) and the customs clearance provided by Shipper are true, correct and complete. KEX shall assume no responsibility for the contents of any related documents. 第 37 页,共58页 7 Declared Value 7.1 The Shipper agrees the declared value on this waybill is equivalent to the actual cash value of the Shipment (“Declared Value”). The Declared Value of a Shipment must be evident by an authentic, valid and original commercial invoice or receipt, which KEX shall have the sole and absolute discretion to accept, inspect and verify thereof to its satisfaction or to reject thereof without giving any reason. For any Shipment with Declared Value in excess of the limit of declared value published on the official website https://www.sf-international.com/us/en/, the Shipper agrees that KEX is entitled for additional charges in accordance with KEX’s charging standards. 7.2 For the avoidance of doubt, regardless of whether KEX accepts or rejects a Shipment with a Declared Value specified on the waybill, it shall not be constituted a waiver of the Shipper’s Warranties and Indemnity under clause 6 hereof or KEX’s limitation of liability under clause 3 hereof. Save and except Shipment that acquires the Shipment Protection Plus Service, KEX’s entire liability shall be limited to clause 3 hereof. 8 Transport and Routing Shipper acknowledges and agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places. 9 Customs Clearance 9.1 If Shipper appoints KEX as the agent solely for the purpose of clearing and entering the Shipment through customs, KEX may itself complete or authorize a third party or redirect the Shipment to Receiver’s import broker or other address upon request by any person whom KEX believes in its reasonable opinion to be authorized to perform customs clearances and/or entries. 9.2 To the extent that KEX may voluntarily assist Shipper in completing the required customs and other formalities, such assistance will be rendered at Shipper’s sole risk and expense (including paying customs duties, VAT and other fees arising therefrom to local customs authorities on Shipper’s behalf). If any customs authority requires additional documentation for the purpose of confirming the import/export declaration, it is Shipper’s responsibility to provide the required documentation at Shipper’s expense. 9.3 If customs clearance documents, payment of duties, or cargo handling instruction is required by customs authorities but the Shipper or Receiver delays. fails or rejects to fulfill the same, which results in any detention in customs authorities, KEX’s warehouse or any third party’s warehouse, Shipper shall be liable for all risks, costs, loss and damages arising therefrom. Unless otherwise specified by local laws of the country where the Shipment is detained, during the period of 30 calendar days upon the date KEX issued the written notice, Shipper fails to offer any handling solution or proposes a solution that is objectively impractical to execute, Shipper shall be deemed as relinquishing the Shipment and KEX shall have rights to deal 第 38 页,共58页 with the Shipment as it sees fit, including destroy any Shipment detained or held in customs authorities, SF’s warehouse or any third party’s warehouse. 9.4 KEX shall have rights to collect and/or recover from Shipper fees, charges, duties, taxes, fines, and/or penalties and interest thereon imposed by the government authorities and any other costs or fees arising from and caused by Shipper’s failure of performing the obligations hereunder (including without limitation storage fee, tally fee, inspection fee, destruction fee, cancellation fee, etc.). 9.5 If Shipper expressly requires authorizing a third party by itself to provide the customs clearance service, KEX will only provide the transportation service and any risks or disputes in connection with customs clearance shall be settled by and between Shipper and the said third party. 9.6 Shipper expressly aware and agree that not every customs or government authorities office in each exporting or importing country will issue duty or tax receipts for each Shipment, while KEX Express will use its reasonable efforts to provide the Shipper with such receipts or information if possible (including but not limited to any of the following forms: a) notice or certificate issued by the local customs or government authorities; b) screenshots of evidence of payment to customs or government authorities transmitted electronically; c) payment voucher or invoice of the duties, taxes or charges issued by or KEX’s local customs clearance agency or logistics suppliers or their system’s screenshots; d) total charges statement of the bulk shipments which involve the Shipper’s Shipment; e) duties, taxes or charges invoice issued by KEX etc.). Shipper shall have no objection to any of the form of evidence aforesaid and shall not refuse to pay the duty, tax or customs clearance fees. In the event that KEX can only provide the total charges statement of the bulk shipments, Shipper agrees that the record of the Shipment’s duties, taxes and charges on the KEX’s system shall prevail. 10 Delay of Shipments KEX will make reasonable efforts to deliver the Shipment according to KEX’s regular delivery schedules and arrangements. However, these schedules are not binding and do not form part of the contract between KEX and Shipper and/or Receiver. KEX is not liable for any damages or losses whatsoever arising as a result of any delay caused by KEX or otherwise. 11 Deliveries and Undeliverable 11.1 Shipments cannot be delivered to addresses consisting solely of Post Office Boxes (PO boxes) or postal codes or ZIP codes. Shipments will be delivered to the Receiver’s address given by Shipper, but it is not necessary to the named Receiver personally. 11.2 If the Shipment cannot be delivered to a PO box or by postal code, but a shipment receiving point is set as the receiver's address, the Shipment will be delivered to the receiving point. 11.3 Direct Signature Service (by the Receiver) is an optional value-added services (if 第 39 页,共58页 available). If Shipper requires a written signature of the Receiver to acknowledge receipt of a Shipment, Direct Signature Service shall be purchased separately. 11.4 For the avoidance of doubt, a signature or a chop obtained at the Receiver’s address, KEX Store or other KEX Business Station, or a shipment collection record generated by KEX’s system for Shipment delivered to a delivery Locker, shall constitute sufficient proof of delivery of the Shipment. Shipments to addresses with central receiving area will be delivered accordingly. 11.5 If the following events occur, KEX may use reasonable efforts to return the Shipment to the Shipper upon the Shipper’s requirement and at the Shipper’s additional costs if the practical conditions permit: the Receiver refuses delivery or to pay for shipment charges or customs duties; or the Shipment is deemed to be unacceptable in accordance with clause 4; or customs believes that the value of the Shipment value has been under-reported; or the Receiver cannot be reasonably identified or located. Notwithstanding the forgoing, if the Shipment cannot be returned or is impossible to be returned, it may be released, disposed of or sold by KEX without incurring any liability whatsoever to the Shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance (if any) to be returned to the Shipper. 12 Shipment Charges, Tariff and other charges 12.1 KEX’s Shipment charges are calculated according to the higher of actual or volumetric weight and Shipment may be re-weighted and re-measured by KEX to confirm this calculation. The applicable pricing of volumetric weight, also known as dimensional weight, is on a per-package or per-shipment basis to all shipments in customer packaging. KEX’s packaging may also be subject to dimensional-weight pricing. If the dimensional weight exceeds the actual weight, charges based on the dimensional weight will be assessed. Customers who fail to apply the dimensional-weight calculation to a package may be assessed dimensional weight charges from KEX. The calculation of volumetric weight (in kg) is with reference to the industry practice: Length (cm) x Width (cm) x Height (cm) ÷ 5,000 (Dimension weight factor). Please note that the calculation varies with different countries and regional market practices. 12.2 Shipper will always be primarily responsible for all charges regardless of different payment instruction given by Shipper. Shipper shall pay on demand all shipping and/or other charges or tariff (customs duties) not paid when due by the Receiver for Receiver billing or by third party for third party billing. 12.3 Service standards of international shipments shall be subject to local pickup and delivery service standards at the place of the receiver. Value-added service shall be purchased separately if needed, including but not limited to Direct Signature Services as particularized in Clause 11.3 above. 13 Shipment Protection Plus Service 13.1 Shipment Protection Plus Service (“SPP Service”) is an optional value-added service. 13.2 If Shipper purchases the SPP Service, KEX’s liability shall be governed by Terms and 第 40 页,共58页 Conditions of Shipment Protection Plus Service published on the official website https://www.sf-international.com/us/en/use_clause/Terms_and_Conditions_of_Shipme nt_Protection_Plus.html in place of Clause 3 hereof, but other provisions of these Terms and Conditions shall continue to apply. 13.3 For the avoidance of doubt, unless otherwise stipulated in this Clause, all provisions concerning KEX’s liabilities shall be governed by Clause 3 hereof. 14 Circumstances beyond KEX’s Control KEX is not liable for any loss or damage caused by any events beyond KEX’s reasonable control, including but not limited to acts of public authorities acting with actual or apparent authority; any act or omission by a person not employed or contracted by KEX, e.g. Shipper, Receiver, customs, government officials or third party; the application of security regulations imposed by the government or otherwise applicable to the delivery location; Force Majeure - e.g. riots, strikes, labour disputes, civil unrest, virus or diseases, disruptions or failure of communication and information systems (including, but not limited to KEX’s communication and information systems), disruptions of any kind in air or ground transportation networks, such as weather phenomena, industrial action, electrical or magnetic damage to, or erasure of electronic or photographic images, data or recordings, and natural disasters including but not limited to earthquakes, cyclone, storm, flood, fog etc. 15 Right of Lien Unless otherwise stipulated in applicable laws, in the event that Shipper fails to pay any charges set forth in clause 12 or arisen under clause 9, KEX shall have the right to place the goods under a lien for a period of three (3) months (counting from the date that KEX collect the Shipment) save and except the nature of the shipment cannot be placed under a lien. At the expiration of the lien period, if Shipper has not yet made the full payment, KEX shall have the right to sell or otherwise dispose of the Shipment and take the priority to deduct from the sale proceeds (if any) the dues from the Shipper. For the avoidance of doubt, such right of lien and shall be without prejudice to KEX’s other rights and remedies to recover any defaulted payments under these Terms and Conditions and/or under the laws. 16 Governing Law and Dispute Resolution Any dispute arising in connection with the T&C shall be governed by the law of Canada. Any dispute arising in connection with these T&C shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of Canadian Arbitration Association (CAA), unless contrary to applicable law. 17 Severability The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions. 18 Governing Language 第 41 页,共58页 If there are different languages version of this Waybill (including these T&C), the English version shall prevail in the event of any inconsistency. These T&C and the KEX published rates and charges are subject to change without notice and any such change shall become effective upon publication on the official website https://www.sf-international.com/us/en/. 第 42 页,共58页 Schedule 7 – Customer Services Service Level Agreement 附录 7-客服服务水平协议 1 Scope 范围 This Service Level Agreement (“SLA”) covers the key processes and service standards agreed by Party B for the performance of its obligations under the Master Agreement. 本服务水平协议(“SLA”)的目的是覆盖乙方为履行其在主协议项下的义务而同意的关键 流程和服务标准。 2 Objectives 目的 2.1 To create a conducive environment facilitating the cooperative relationship between Party A and Party B, and to ensure the effective support to customers. 建立促进甲方和乙方之间的合作关系的有利环境,确保向最终用户提供有效支 持。 2.2 To document the responsibilities of all Parties under the Master Agreement. 书面记录各方在本协议项下的责任。 2.3 To ensure that Party B achieves the provision of high quality services to customers with the full support of Party A. 确保乙方在甲方的全面支持下向最终用户提供优质服务。 2.4 To define the service level to be delivered by Party B. 明确乙方交付的服务水平。 2.5 To provide a common understanding of service requirements/capabilities and of the principles involved in the measurement of service levels. 提供关于服务要求/能力和服务水平衡量涉及的原则的共识。 2.6 To provide both Parties of with a single, easy reference document which caters for the objectives listed above. 向各方提供服务水平协议,一份符合上述所有目的、方便的参考文件。 3 Standard Services 标准服务 3.1 Claim Scenarios 理赔情形 3.1.1 In case of loss/damage reported by a Customer, Party B shall handle the dispute 第 43 页,共58页 communications with the Customer directly and provide the investigation report to Party A within 3 calendar days. The final conclusion of the investigation report shall be solely determined and made by Party A. Under no circumstances whatsoever shall Party B directly settle the payment to the Customer, provided that: 如客户发生遗失或损坏事件的,乙方应直接处理争议及与客户沟通,并在 3 个日 历日内向甲方提供调查报告。甲方对调查报告的最终结论享有最终决定权。在任 何情况下,乙方应直接向客户结算费用,但条件是: 3.1.1.1 if the conclusion shows that such dispute was caused by Party A’s breach of this Agreement, Party B shall have the right to claim from Party A after indemnifying the Customer and Party A shall compensate Party B according to the compensation standard set forth in Article 3.2 of this Schedule; or 如果结论显示该等争议是因甲方违反本协议而造成的,乙方有权在弥偿 客户后向甲方索赔,甲方应根据本附录第 3.2 条规定的赔偿标准赔偿乙 方;或 3.1.1.2 if the conclusion shows that such dispute was caused by Party B or any reason not related to Party A, Party B shall bear all the responsibilities, fees and charges resulting therefrom in accordance with the T&C of Waybill. 如果结论显示该等争议是由乙方或其他与甲方无关的原因造成的,乙方 应根据运单条款和条件承担由争议所产生的所有责任,费用及支出。 3.1.2 In case of delay/operational error reported by a Customer, both Party A and Party B shall cooperate in communicating with the Customer and both Parites shall make reasonable effort to correct the error as soon as possible. 如有客户反馈时效延误/操作失误,甲乙双方应配合与客户沟通且应尽合理努 力尽快纠正错误。 3.2 Claim Amount 理赔金额 3.2.1 In all cases of loss/damage attributable to Party A, Party A shall compensate Party B up to USD100 or USD20/kg whichever is lower; 属于甲方责任导致全部遗失/损坏,甲方按照 100 美金或 20 美金/千克两者 最小值赔付给乙方; 3.2.2 In all cases of partial loss/damage attributable to Party A, Party A shall compensate Party B based on the value of actually lost/damaged goods or USD 100, whichever is lower. 属于甲方责任导致部分遗失/损坏,甲方按照实际损坏及遗失的物品价值或 100 美金中较低的标准赔付给乙方。 3.3 Feedback Time 第 44 页,共58页 反馈时效 3.3.1 For loss/damage, if the shipment is delivered, the customer or Party B shall give feedback on loss/damage to Party A within 36 hours upon acceptance for investigation; if the customer or Party fails to give 36 hours' notice, Party A will not be liable for any compensation. 对于遗失/损坏,如快件已派送,客户或乙方需在签收之后 36 小时内反馈 遗失/损坏给甲方,如客户或乙方未能在 36 小时内反馈,甲方也无需承担 任何赔偿责任。 3.4 Confirmation of Loss Time 遗失时效确认 3.4.1 Before a shipment is handed over to Party A, the shipment will be deemed as lost if there is no route update for 10 working days; 快件交接甲方前,10 个工作日无路由更新确认为遗失; 3.4.2 After a shipment is handed over to Party A, the shipment may be deemed as lost if there is no route update for 48 hours. 快件交接甲方后,48 小时内无路由更新确认为遗失。 3.5 Change of delivery address:Change of delivery address and forwarding are collectively referred to as a change of delivery address, which may include change of delivery address in the same/another city. 派件地址变更:改派/转寄统称为派件地址变更服务,包括同城、非同城派件地址 的变更. 3.5.1 If Party B requests a change of delivery address after the shipment is handed over to Party A but prior to dispatch by Party A, Party A will change the address after the shipment arrives at the service point. 如果在将快件移交给甲方后但在甲方发货前,乙方要求变更派送地址,则 甲方将在快件到达服务网点后变更地址。 3.5.2 Party A will make a reasonable attempt to honor any interception/change of delivery address request; however, Party A cannot guarantee that such request will be honored. Party A shall not be liable for any failure in this regard. 甲方将尽合理努力满足任何拦截/派送地址变更要求,但甲方不能保证该要 求将得到满足。甲方对此不负任何责任。 3.5.3 Forwarding of both intra-city and iner-city shipments will be charged at the standard freight charge after change and additional working day(s) may be required. 同城和非同城快件的转寄将按变更后的标准运费收费,可能需要额外的工 作日。 第 45 页,共58页 3.6 Return 退件 3.6.1 Shipments that have been dispatched cannot be returned to the origin. If the shipment has passed customs clearance in China, the shipment shall be returned under a new waybill number to the warehouse in China designated by the shipper. For return fees, only payment by consignee is supported. 已发出快件不支持退回原寄地的。如快件已在中国清关,可重新开单安排 退回至客户指定的中国仓库。退件费用仅支持到付。 3.6.2 If Party B finds any package with wet damage when handing over shipments to Party A, it shall return all shipments to Party B's customs broker, and then arrange for the return or abandonment of the shipments at its own discretion, in which Party A will not be involved. 如乙方在交接快件至甲方时发现外包装湿损,乙方应将快件全部退回至乙 方的清关代理并自行安排退回或作废等,甲方不参与。 3.7 Party B Time of Response to Abnormal Shipments 异常件乙方回复时效 3.7.1 Handling of ordinary shipments: If a shipment is reported to be abnormal after being handed over to Party A (including but not limited to wrong consignee address, consignee unreachable on phone or shipment rejected by consignee), Party B shall provide an initial respond within 4 working hours and offer a solution within 3 working days. If Party B fails to offer a solution within the required time limit, Party A will no longer follow up on the case and the shipment may be deemed abandoned in 15 calendar days by default and all the loss and damage there arisen shall be borne by Party B; 普通件处理情形:快件交接甲方后出现异常(包括但不限于收方地址错误、 电话联系不上及拒收等),乙方需要在 4 个工作小时内给予首次答复并在 3 个工作日给出处理方案。逾期未给出处理方案,甲方不再主动跟进,快件 默认在 15 个日历日内安排作废,由此产生的责任由乙方承担。 3.7.2 Handling of escalated shipments: In case of severe complaint from customer caused by Party B's operation or major mistake, Party A shall follow the escalation procedure to give feedback to Party B, who shall then contact the shipper to communicate with the consignee or contact the consignee directly in 2 working hours. 升级件处理情形:如因乙方的操作或重大失误导致客户的严重投诉,甲方 应按照升级流程反馈给乙方,乙方需在 2 小时内联系寄件人与收件人沟通 或是直接联系收件人。 3.8 Party A Time of Response to Abnormal Shipments 异常件甲方回复时效 第 46 页,共58页 3.8.1 Party A will need at least four (4) working hours to respond to any emails for abnormal shipments sent by Party B. 甲方需要四(4)个工作小时来回复乙方发的任何异常件邮件。 3.9 Claims Reconciliation and Settlement Process 理赔对账及结算流程 3.9.1 If a consignee gives notice that a shipment is lost/broken/delayed, Party A shall direct the consignee to contact Party B directly. Party B is responsible for negotiating the compensation with the consignee or sender directly. 如收件人反馈快件遗失/破损/延误,甲方应指导收件人直接联系乙方。乙 方有责任直接与收件人或寄件人协商赔偿问题。 3.9.2 Party A shall work with Party B to determine the allocation of liability for compensation and Party B shall provide a written confirmation via email. To the extent Party A is responsible for such loss/damage/delay, Party A will compensate Party B only, and not the consignee or sender, in accordance with Party A’s compensation standard. 甲方应与乙方共同确定赔偿责任的分配且乙方应通过电子邮件提供书面 确认。在甲方应对遗失/破损/延误负责的范围内,甲方只会根据自己的赔 偿标准赔偿乙方而不是收件人或寄件人。 3.9.3 Party B shall promptly provide Party A with an invoice of the compensation amount. The compensation payment of the previous month shall be reconciled and settled by the Parties on or before the thirtieth calendar day of each month or otherwise in accordance with the terms of the Master Agreement. 乙方应第一时间向甲方提供赔偿金额的发票。双方应在每个月的第三十个 日历日当日或之前或主协议条款规定的其它时间完成前一个月赔偿金的 对账和结算。 4 Allocation of Liability 责任划分 4.1 For all shipments handed over by Party B to Party A, responsibility for the shipment is transferred upon the [Pick-up] checkpoint. Party B shall be solely liable for any loss or damage before the handover is completed. Party A shall be solely liable for any loss or damage after the handover is completed. Notwithstanding the foregoing, if a consignment is damaged but the outer package is intact when the package is delivered, Party A shall not be liable for such damage. 对于乙方交接给甲方的所有快件,快件责任的转移应发生【收件】节点。交接完 成前的所有遗失或损坏责任归乙方。交接完成后的所有遗失或损坏责任归甲方。 尽管有前述规定,如快件交接时托寄物破损但外包装完好,甲方不对该等破损负 责。 4.2 If the consignment is damaged but the outer packing only has creases without damage 第 47 页,共58页 when the package is delivered, it shall be deemed that the consignment was damaged before delivery.Party B shall be liable for the damage. 快件交接时托寄物损坏但外包装仅有折痕但无破损,则托寄物属于交接前破损, 损坏责任由乙方承担。 4.3 For shipments that have outer package damage or wet damage, Party A has the sole discretion to reject such shipments and conduct the return operation procedure.Party B shall be solely liable in this case. 对于外包装破损、湿损的快件,甲方可自行决定拒收并做退回操作,所有责任由 乙方承担。 4.4 All extra fees (such as forwarding fees and redirection fees) owing to Party B’s accountabilities shall be borne by Party B alone. 所有因乙方责任导致快件产生额外费用(如转寄、改派费用等),均由乙方承担。