1. Trading basis
All services supplied by Criptora Freight Networks Sdn Bhd (the “Company”) are subject to the Standard Trading Conditions of the Federation of Malaysian Freight Forwarders (FMFF) as amended from time to time, and to these supplementary terms. The Customer is taken to have accepted both sets when issuing a booking, raising a quote acceptance, or otherwise instructing the Company.
2. Quotations and rates
Quotations are valid for 14 calendar days from issue unless an alternate validity is stated. Rates assume the cargo descriptions, weights and dimensions disclosed by the Customer; any deviation entitles the Company to re-quote. Surcharges that are out of the Company's control (bunker, currency, peak season, terminal handling, war risk) are passed through at cost without mark-up.
3. Booking and instructions
Bookings must be confirmed in writing. The Customer is responsible for the accuracy of all documents and instructions provided, including the description, value, weight, dimensions, INCO term and HS classification of the cargo. The Company is entitled to rely on the data supplied and is not obliged to verify it independently.
4. Performance and time
The Company will use reasonable care and skill to perform the services. Transit times, ETD and ETA dates are estimates only. The Company is not liable for delays caused by weather, port congestion, customs inspection, carrier route changes, sanctions screening or any cause beyond its reasonable control.
5. Dangerous goods
The Customer must declare dangerous goods (IATA DGR / IMDG) at the booking stage and supply the corresponding shipper's declaration. Undeclared dangerous goods may be refused, off-loaded or destroyed at the Customer's cost, and the Customer indemnifies the Company against all consequences.
6. Customs and statutory duties
Where the Company files declarations as the Customer's broker, it does so on the basis of the Customer's documents and at the Customer's risk. Duties, taxes, port charges and fines assessed by any authority are for the Customer's account. The Company is not responsible for missed FTA preferences arising from incomplete certificates of origin.
7. Limitation of liability
The Company's liability for any loss of, damage to, or delay in delivery of cargo is limited to the lower of (a) the FMFF standard limit of two SDR per kilogram of gross weight of the affected cargo, or (b) the documented value of the affected cargo, capped at an aggregate of SDR 75,000 per incident. The Company is not liable for indirect, consequential or economic loss.
8. Insurance
The Company does not insure cargo automatically. Marine, aviation or goods-in-transit insurance is arranged only on the Customer's written instruction and at extra cost. The Customer is reminded that the limited liability under clause 7 is unlikely to cover the full value of high-value or fragile cargo.
9. Payment
Invoices are payable in Malaysian Ringgit within 14 days of issue unless otherwise agreed in writing. Late payment attracts interest at 1.5% per month or part-month. The Company has a general lien over all cargo, documents and records in its possession for sums owed by the Customer on any account.
10. Right of stoppage
The Company may suspend or refuse to start services where it has reasonable grounds to believe that the cargo or shipper is subject to sanctions, where the documents are materially incomplete, or where prior invoices remain unpaid beyond 30 days.
11. Confidentiality
Each party will keep confidential the commercial information of the other disclosed during the course of dealings, except for disclosures required by law, by a competent regulator, or by carriers and authorities in connection with the cargo.
12. Sub-contracting
The Company may sub-contract any or all of the services on the same terms. Where the Company acts as agent (rather than principal), liability for performance rests with the carrier or sub-contractor concerned.
13. Force majeure
Neither party is liable for failure to perform caused by acts of God, war, civil unrest, pandemic, embargoes, port closures, strike action or other events beyond reasonable control. The affected party will use reasonable endeavours to minimise the effect on the other.
14. Governing law
These terms are governed by the laws of Malaysia. Disputes are subject to the exclusive jurisdiction of the Malaysian courts at Kuala Lumpur, save that the Company may at its option refer any monetary dispute exceeding RM 50,000 to arbitration under the AIAC Fast Track Rules.
15. Notices
Notices to the Company must be sent in writing to the head office address or by email to [email protected], marked for the attention of the Managing Director.