"WINGBOX" refers to a member of PT. MULTI GUNA SELARAS and is part of the same group as PT. ROYAL PERSADA CARGO (ROYAL LOGISTICS).
"GTC" means these General Terms and Conditions of WINGBOX.
"Sender" means the party receiving delivery services from WINGBOX in accordance with a respective agreement.
"Receiver" means the addressee to whom the Shipment is sent.
"Shipment" means all parcels or packages containing goods, documents, or other items or materials that travel under one "waybill" which Sender hands over to WINGBOX and which may be transported and delivered by any means of transport selected by WINGBOX, whether by air, road, or any other means of transport. Each such Shipment is transported under limited liability pursuant to these GTC.
"Multi-piece Shipment" or "MPS" means a Shipment that contains more than one parcel or package that travel under one "waybill".
"Waybill", or "Airwaybill", or "AWB" means a shipping document, label, barcode, electronic entry, or similar, used in the WINGBOX system as a shipment identifier that contains the information relating to a shipment.
"Prohibited Goods" have the meaning as defined in Section 4 of these GTC.
"Actual Weight" means the actual physical weight of a package measured in kilograms.
"Volumetric Weight" means the calculation of the density of a package, measured in volumetric kilograms. "Volumetric Weight" = (Length x Width x Height) / 5000.
"Chargeable weight" or "Final weight" means the weight used to calculate the rate, whichever is greater between the actual or the volumetric weight.
"Length + Girth Combined" is a calculation basis for the carriage that serves as a dimensional reference for cargo loads whether a package can be accepted for transport or not. "Length + Girth Combined" = Length + (2 Width) + 2 Height). Length is defined as the longest side of the package.
"Shipment Value Protection" or "SVP" means a premium that Sender pays, and is arranged by WINGBOX for Sender, to cover higher than "Warsaw Convention and Montreal Convention" liability limits in respect of loss of or physical damage to a Shipment.
"Warsaw Convention and Montreal Convention" means the international conventions for the unification of certain rules relating to international carriage by air, which regulates liability for international carriage of persons, luggage, or goods performed by aircraft for reward.
These GTC shall apply to all agreements between WINGBOX and Sender regarding the transport and delivery of Shipments and any possible ancillary E-commerce related services unless otherwise agreed in writing by WINGBOX.
Sender agrees to be bound by the GTC at the time of account creation. Any revisions to the GTC will be posted at wingbox.id or may be obtained from WINGBOX directly upon request. Sender's continued use of WINGBOX's services including but not limited to transport and delivery of Shipments, E-commerce related services, or of any WINGBOX website shall constitute Sender's agreement to the revised version of the GTC, and Sender also agrees to abide by the terms of use and privacy policy posted at wingbox.id.
Sender's own terms and conditions shall not apply and are herewith explicitly excluded, even if WINGBOX has accepted the Shipment without any express objection. Any of Sender's own terms and conditions which amend these GTC shall be priorly submitted in writing to WINGBOX and shall only apply if agreed upon by WINGBOX.
Contracts regarding the transport and delivery of Shipments are concluded between Sender and WINGBOX, either in written form or by way of the handover of the Shipment and acceptance of the same for transport and delivery in accordance with these GTC.
WINGBOX accepts Shipments for transport and delivery from Sender at the sites of WINGBOX or picks up such Shipments at agreed sites of Sender, in order to deliver such Shipments to the Receiver directly or have them delivered by another service provider.
Sender shall mark/label the Shipment correctly and provide all necessary details to enable WINGBOX to perform the services including transport and delivery, settling of loss and/or damage claims, and/or return of the Shipment, as the case may be.
WINGBOX will accept special instructions from Sender for Shipments only if these instructions are notified in the agreed form or in a separate agreement between the Parties. WINGBOX is not obliged to comply with any special instructions if these are issued only after the Shipment has been handed over for transport and delivery.
Sender agrees to all routing and diversion, including the possibility that the Shipment will be transported via intermediate stops, at the sole and absolute discretion of WINGBOX.
WINGBOX shall not undertake the transport and delivery of any Shipment which contains Prohibited Goods (as defined below). Prohibited Goods include, but are not limited to the items listed below, and may be updated from time to time on WINGBOX Prohibited Goods:
a. Shipments the content, external form, transportation, or storage of which violates a statutory prohibition or a prohibition by a public authority, in particular – but without limitation – regulations regarding export, import, or customs law of the countries of origin, destination, or transit, or goods for which special equipment (e.g. for temperature-controlled goods), safety precautions or authorizations are required;
b. Shipments or items the transportation of which is prohibited or is subject to special restrictions under the International Air Transport Association (IATA), International Civil Aviation Organization (ICAO), ADR (European Road Transport Regulation on dangerous goods), or other relevant organizations ("Dangerous Goods");
c. Shipments the transportation and/or storage of which is subject to hazardous goods regulations, including but not limited to goods that are not completely free from restrictions under current IATA and ICAO hazardous goods regulations;
d. Shipments the content which violates intellectual property rights, including forged, counterfeit, or unlicensed copies of products (brand and trademark piracy);
e. Shipments the content or external characteristics of which may cause death or injury to or infection of persons or damage to property;
f. Shipments containing live animals or human remains;
g. Shipments containing narcotics or intoxicants;
h. Shipments containing cash or other methods of payment;
i. Shipments containing irreplaceable items, including but not limited to antiques, works of art, fine jewelry, precious stones, and other one-of-a-kind items. (Only permitted to be sent at the owner's risk);
j. Unfranked or insufficiently franked Shipments and Shipments transported or posted with the intention of fraudulently obtaining the transport service without paying for it;
k. Shipments that contain weapons, especially firearms, or parts thereof, imitation weapons or ammunition;
l. Shipments that contain obscene or pornographic articles.
Sender warrants that the Shipment does not contain any Prohibited Goods and has been correctly packaged and is appropriately protected. Notwithstanding any other rights of WINGBOX, Sender shall indemnify WINGBOX from any liability for third-party claims resulting from the transportation or delivery of Prohibited Goods or other inadmissible or unlawful goods. The contractual liability of WINGBOX for its own conduct and that of its agents or subcontractors remains unaffected.
Sender undertakes to indemnify WINGBOX promptly upon first demand against any loss or damages arising out of any alleged third-party claims and any other loss or damage that WINGBOX incurs as a result of the transportation or delivery of the Prohibited Goods. The indemnity by Sender shall also cover the expenses incurred by WINGBOX in connection with the provision of information, confiscation by the customs authorities, or border seizure that are required by law or have been ordered by a court or a government authority.
If a Shipment contains Prohibited Goods or the Shipment – because of its nature (size, format, weight, contents, etc.) or for other reasons – does not comply with Section 4(2) above or with the other provisions of these GTC, WINGBOX shall be entitled to:
a. Refuse acceptance of the Shipment;
b. If the Shipment has already been handed over, return it or store it until its collection; or
c. Transport the Shipment without notifying Sender and, if necessary and/or required by law, to choose a different route (e.g. by road and sea instead of by air freight as planned) and invoice Sender for any additional costs incurred as a result. WINGBOX shall also be entitled to exercise the rights referred to in the paragraph above if it suspects that the Shipment contains Prohibited Goods or that there are any breaches of contract and Sender fails to comply with WINGBOX's request to supply information.
d. WINGBOX is not obliged to check whether a Shipment contains Prohibited Goods. However, WINGBOX shall be entitled to open a Shipment and to inspect the contents if it suspects that the Shipment contains Prohibited Goods. In addition to the foregoing, WINGBOX has the right to open and inspect a Shipment without notice for security or customs or other valid reasons. Further, WINGBOX carries out regular checks in accordance with the applicable statutory aviation security regulations and if goods that may not be transported by air are found, or if there is reason to suspect that these goods ought not to be transported by air, WINGBOX shall be entitled to transport the goods by land or sea, notwithstanding its other rights.
All Shipments that cross international borders must be cleared through customs. Sender, on their own behalf and/or on behalf of Receiver, is fully responsible for providing all documentation and information required for the clearance, and for representing and warranting that all statements and information it provides relating to the goods and the clearance of the Shipment are and continue to be true, correct, and complete.
Sender is responsible at their own expense for making sure goods shipped internationally are acceptable for entry into the destination country and comply with all licensing or permitting requirements when applicable.
WINGBOX does not assume any liability for the content of the Shipment and the accompanying documents, even if these are prepared by or on behalf of WINGBOX upon Sender's request. Sender remains solely responsible for all risks and consequences of the export regulations at the origin and import regulations at the destination country. This shall apply independently of the grounds on which the dispatch is restricted or prohibited, either by applicable statutory provisions or is restricted or excluded under these GTC or other contractual provisions. Sections 4(3) remain unaffected.
When Shipments are held by customs or other agencies due to incorrect or missing documentation, we may attempt to notify the Receiver. If local law requires the correct information or documentation to be submitted by the Receiver and the Receiver fails to do so within a reasonable time as we may determine, the Shipment may be considered undeliverable. (See the Undeliverable Shipments section.) If the Receiver fails to supply the required information or documentation, and local law allows Sender to provide the same, we may attempt to notify Sender. If Sender also fails to provide the information or documentation within a reasonable time as we may determine, the Shipment will be considered undeliverable. We assume no responsibility for our inability to complete a delivery due to incorrect or missing documentation, whether or not we attempt to notify the Receiver or Sender.
WINGBOX is not responsible for customs clearance delays caused by factors such as insufficient or inaccurate documentation, incorrect declaration by the Sender, examination, inspection, holds, or suspensions imposed by the customs authorities, or non-compliance with all required licenses or permits. The Sender is responsible for providing accurate information and compliance with all applicable laws and regulations.
Sender shall indemnify WINGBOX from third-party claims arising from or in connection with violations against the provisions specified in this Section 5.
A Shipment is deemed unacceptable if:
a. The Shipment was addressed to an area not served by WINGBOX network.
b. The Shipment address is incorrect, incomplete, or addressed to a PO Box.
c. The Shipment doesn't have Sender's and Receiver's complete contact information.
d. The Shipment doesn't have complete declarations, including at least Item Descriptions, Item Quantity, and Declared Value.
e. The Shipment is improperly packaged, or its packaging is defective or inadequate to ensure safe transportation with ordinary care in handling.
f. The Shipment contains any package weight of more than 68 KG either in its "Actual Weight" and/or its "Volumetric Weight".
g. The Shipment contains any package "Length + Girth Combined" of more than 330 cm. "Length + Girth Combined" = Length + (2 Width) + 2 Height). Length is defined as the longest side of the package.
h. The Shipment would likely cause damage or delay to other Shipments or property or injury to personnel.
i. The Shipment contains prohibited items, dangerous goods, or any other item which WINGBOX decides cannot be carried safely or legally.
An Undeliverable Shipment is one that cannot be delivered for reasons that include, but is not limited to, any of the following:
a. The Shipment was addressed to an area not served by WINGBOX network.
b. The Shipment is unable to clear customs.
c. The Receiver refuses to accept the Shipment prior to, during, or after delivery.
d. The Receiver refuses to pay for the import duty/tax.
e. The Receiver's place of business is closed.
f. The Receiver's address cannot be located, is incomplete, incorrect, or has been relocated to a different address.
g. The Receiver of a Hold at Location Shipment cannot be contacted or the Receiver fails to retrieve the Shipment.
h. No appropriate person was available to accept the Shipment at a delivery location on the initial delivery attempt or reattempts.
i. The Shipment contains prohibited or restricted items, dangerous goods, or does not comply with legal regulations at the country of destination.
j. The Shipment's contents or packaging are damaged to the point that rewrapping is not possible.
Should a Shipment be classified as Undeliverable, the following guidelines apply:
a. If a Shipment is undeliverable for any reason, WINGBOX delivery partner may attempt to contact the Receiver, and if the Receiver cannot be reached, WINGBOX may contact the Sender to comply with the undeliverable causes including but not limited to clarifications of the address, alternative contacts, detailed information of Shipment contents, proof of purchase, proof of payments, additional documents or paperwork, etc; or for instructions to reroute, abandon, or return the Shipment.
b. If the Receiver and/or the Sender cannot be contacted within five (5) business days, the Shipment will be returned to Sender, or we may abandon the Shipment to a general order warehouse or a customs bonded warehouse or will dispose of the Shipment if allowed by the customs regulation at the destination country.
c. If the Receiver's address is found to be incomplete or incorrect, WINGBOX delivery partner will attempt to find the correct address by contacting the Receiver, or contacting Sender if the Receiver cannot be reached, and may reattempt to complete the delivery, but WINGBOX assumes no responsibility for our inability to complete delivery or for failing to meet our delivery commitment time under such circumstances.
d. Address change (rerouted due to incorrect address: wrong street, city, postal code, or country) and/or returned to the origin, will be treated as a new Shipment. All charges, fees, and other expenses should be paid by Sender, also included will be any other charges incurred, including but not limited to, duties, taxes, clearance service fees, and storage fees, if applicable.
WINGBOX reserves the right, at its sole discretion, and without notice, to return, abandon, destroy, or dispose of Undeliverable Shipments if the Receiver and/or the Sender cannot be contacted within five (5) business days. By tendering a Shipment, Sender agrees to provide accurate and sufficient Shipment-related information to WINGBOX in avoidance of Undeliverable Shipments and agrees to pay any costs incurred in returning, storing, rerouting, destroying, or disposal thereof.
Sender shall pay to WINGBOX the agreed charges for the agreed services.
All prices indicated are net prices and are exclusive of any taxes, customs duties and fees. Such taxes, customs duties and fees shall be invoiced to Receiver; or reimbursable by Sender.
All invoices shall be due and payable by Sender, without deduction or set-off, within the credit period granted by WINGBOX.
In case of non-payment by Sender of any outstanding amount, WINGBOX shall be entitled to suspend any or all of the services, charge interest on all overdue amounts from the due date until payment and/or exercise such other right or remedy in respect of such outstanding amount.
In the event that Sender's original choice of service and/or product is no longer applicable or available for any reason, WINGBOX reserves the right to select the next best available or appropriate service and/or product in respect of Sender's Shipment and the charges for the service and/or product actually performed shall constitute the charges for the said Shipment.
WINGBOX reserves the right to charge based on the higher of the actual or volumetric weight per piece and any Shipment may be re-weighed and re-measured by WINGBOX to confirm this calculation. This is referred to as "chargeable weight" and or "final weight".
WINGBOX's Liability regarding Loss and Damage:
a. WINGBOX's liability for any and all services is strictly limited to direct loss and damage to a Shipment and its content(s) only, and to the limits of liability set out in this Section 8. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, and future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to WINGBOX's attention before or after acceptance of the Shipment.
b. By WINGBOX automated systems, Sender will pay and WINGBOX will arrange "Shipment Value Protection" ("SVP") for Sender, covering higher than "Warsaw Convention and Montreal Convention" liability limit bands in respect of loss of or physical damage to the Shipments referred to in Section 8(i)(3) below. *Shipment Value Protection does not cover any indirect loss or damage, or loss or damage caused by improper/insufficient packaging or by delays.
c. WINGBOX's liability in respect of any one international Shipment is limited as follows:
i. For all WINGBOX's services with Shipment Value Protection, WINGBOX's liability shall be limited by the declared value of the shipment contents and by the paid charges of such Shipment, at maximum limits based on the Shipment packaging:
• Your Packaging: equal to 50,000 USD
• *All commodities valued over 20,000 USD needs approval prior to ship
• Shipments containing items of extraordinary value such as artwork, antiques, glassware, jewelry, precious metals, furs, collectible items, etc.: 1,000 USD or 20 USD per kg, whichever is greater
ii. For partial loss or damage, WINGBOX's liability shall be limited, only by the declared value of the lost or damaged goods and the partial charges for the total weight of the lost or damaged goods.
iii. If there is an absence of declared value, WINGBOX's liability for loss and damage with regard to any Shipment is limited to 22 SDRs per kilogram following the "Warsaw Convention and Montreal Convention", which is equal to 9 USD per pound (20 USD per kilogram) with a maximum of 100 USD per Shipment.
WINGBOX's Liability regarding delay of delivery:
a. WINGBOX will make every reasonable effort to deliver the Shipment according to WINGBOX's regular delivery schedules, but these schedules are not binding and do not form part of the contract.
b. WINGBOX is not responsible for customs clearance delays caused by factors such as insufficient or inaccurate documentation, incorrect declaration by the Sender, examination, inspection, holds, or suspensions imposed by the customs authorities, or non-compliance with all required licenses or permits. The Sender is responsible for providing accurate information and compliance with all applicable laws and regulations.
c. Sender agrees to take own responsibility and risk of delay possibilities in the case of all pieces of a "Multi-piece Shipment" ("MPS") may not arriving together at the transit points or destination at the same time.
d. WINGBOX is not liable for any damages or loss caused by delay.
WINGBOX is not liable and does not provide compensation for Shipments caused by violation of the rules of Dangerous Goods, Prohibited Items, and Restricted Items and if the content of the Shipment does not match the declaration on the Shipment booking.
WINGBOX is not liable, and Sender is fully responsible for all loss, damage, and costs caused by improper or insufficient packaging, especially for goods of fragile nature; incorrect marking or labeling; including, but not limited to, damage to persons, property, and the environment.
A claim due to damage or shortage must be submitted in writing by Sender to WINGBOX within twenty-one 21 days after delivery of the Shipment. All evidence of original Shipment packaging and the damaged contents must be made available by Sender for WINGBOX's inspection and retained until the claim is concluded. Failing to submit a claim in such timeframe, or failing to provide the required evidence, WINGBOX shall have no liability whatsoever.
A Shipment is considered lost only if there is no tracking update within 7 business days after the shipment is handed over by Sender to WINGBOX, or after the Search and Rescue processes have been performed and concluded that such Shipment has been declared as unable to be located by WINGBOX network.
Claims are limited to one claim per Shipment, the settlement of which will be a full and final settlement for all direct loss or damage in connection therewith.
WINGBOX is not obliged to act on any claim until all service charges have been paid.
Sender shall indemnify WINGBOX from liability for loss or damage resulting from Sender's failure to comply with the following warranties and representations:
a. All documents and information provided by Sender or its representatives are complete and accurate;
b. The Shipment is acceptable for transport under Section 4 above;
c. The Shipment was prepared on secure premises by reliable persons and was protected against unauthorized interference during preparation, storage, and any transportation to WINGBOX;
d. The Shipment is correctly labeled, addressed, and packaged so as to ensure safe transportation with ordinary care in handling;
e. Sender, on behalf of Receiver, has complied with all applicable customs, import, export, data protection laws and regulations, sanctions, embargoes, and other laws and regulations; and
f. Sender has obtained all necessary consents to provide WINGBOX with Shipment-related information, not limited to personal data including the Receiver's data as may be required for transport, customs clearance, and delivery.
In the event any information submitted by Sender to WINGBOX contains personal data that is subject to the protection of applicable privacy and data protection laws and regulations, WINGBOX shall limit the disclosure and processing of the personal data to relevant third parties to such extent as is reasonably required to effect the performance of the services, to manage and administer Sender's account(s) with WINGBOX, to advertise products and services provided by WINGBOX (subject at all times to Sender's right to decline and WINGBOX's compliance with applicable privacy and data protection laws and regulations) and for such other purposes as may be required by law, including, communicating the same to customs authorities. Sender warrants that all personal data provided to WINGBOX has been fairly and lawfully obtained and Sender has the authority to disclose such personal data to WINGBOX for the purposes mentioned above. Sender shall fully indemnify and keep WINGBOX fully indemnified against any and all liability incurred by WINGBOX as a result of such breach howsoever arising.
Any dispute arising under or in any way connected with these GTC shall be subject to the non-exclusive jurisdiction of the courts of, and governed by the law of Indonesia, as the country of origin of the Shipment.
The invalidity or unenforceability of any provision of these GTC shall not affect any other part of these GTC.
A person who is not a party to these GTC may not enforce any term of these GTC under any laws purporting to grant such rights which are hereby excluded to the extent permissible but this does not affect any right or remedy of a third party that exists or is available apart from such laws.
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