Shipping Terms of Kerry TJ Logistics

 

1. These shipping terms are established in accordance with relevant laws and regulations such as the Highway Act, the Regulations for the Management of Automobile Transportation Industry, and the Detailed Rules for the Implementation of Freight Transport Operations. They apply when the shipper entrusts Kerry TJ Logistics Co., Ltd. (hereinafter referred to as the carrier) to transport goods, and the shipper shall review and agree to the following terms and conditions.
2. When shipping goods, the shipper should provide accurate and complete information on the consignment note. The shipper shall be fully responsible for any damages or liabilities caused by false or incomplete information provided on the consignment note, including but not limited to misdelivery of goods, penalties imposed on the carrier by government authorities, fines, bodily injuries, and property damage to the carrier or third parties.
3. The shipper shall properly package the goods for shipment. If the packaging is inadequate, defective, or likely to cause damage to the goods and the shipper fails to make necessary modifications after being notified by the carrier, the carrier shall not be liable for damages. The carrier may also refuse to accept or arrange for packaging at the shipper's expense. Any associated costs shall be borne by the shipper.
4. The carrier may refuse to accept the shipping business under the following circumstances:
   • Non-compliance with these shipping terms.
   • Failure of the shipper to fill out the consignment note as required or incomplete filling of the consignment note.
   • Inadequate packaging according to the nature, weight, volume, etc., of the goods.
   • Additional burdens requested by the shipper.
   • Violation of laws and regulations in the transportation of documents (including but not limited to Postal Act).
   • The following items are prohibited from shipping. If the shipper fails to inform the carrier truthfully, resulting in damage or loss of goods, the carrier shall not be liable for compensation. If the carrier or third parties suffer damages as a result, the shipper shall be responsible for compensation:
   1. Firearms, ammunition, knives, swords, smuggled goods, and other dangerous or prohibited items (including all dangerous goods and prohibited items specified by laws and regulations).
   2. Cash, bills, stocks, and other securities.
   3. Jewelry, antiques, artworks, precious metals, and other valuable items.
   4. Credit cards, debit cards, invoices, or similar items.
   5. Remains, memorial tablets, Buddhist statues, etc.
   6. Live animals (dogs, cats, birds, etc.), animal carcasses, specimens, or other items with infectious, perishable, or difficult-to-preserve properties, including but not limited to breast milk, vaccines, etc.
   7. Documents (such as admission tickets, passports, airline tickets, etc.).
   8. Irreproducible pictures, drafts, tapes, disks, or other similar items.
   9. Marble, diamonds, various types of stone, glass products, glass bottle packaging, wood and stone carvings, or fragile items.
   10. Frozen, refrigerated, or other temperature-controlled goods.
   11. Fireworks, explosive materials, oil products, gas cylinders, high-pressure containers, toxic chemicals, diluents, inflammable, volatile, corrosive, or chemical substances.
   12. Items that are dangerous, violate public order, good customs, etc.
   13. Other items that are jointly determined by the shipper and the carrier and are not allowed to be transported according to laws or regulations.
5. While ensuring the quality of transportation, the shipper agrees that the carrier may entrust the delivery of the goods accepted by the carrier to other departments or operators other than the carrier. However, the carrier shall still be responsible for the transportation according to these terms and conditions.
6. The shipper agrees that the following individuals are recognized as authorized recipients with the same effect as the intended recipient:
   • For delivery to a residential address, the recipient can be the property manager (security guard), cohabitant, or similar person.
   • For delivery to a non-residential address, the recipient can be the property manager (security guard), co-worker, or similar person.
7. If the carrier is unable to confirm the identity of the recipient or if the recipient (including the objects mentioned in Article 6) refuses to accept the delivery or if there are other circumstances preventing acceptance, the shipper should provide instructions for the disposition of the goods after notification from the carrier. Otherwise, the carrier may return the goods to the shipper, and any expenses incurred as a result will be borne by the shipper. If the carrier is unable to deliver the goods even after a second attempt, the carrier may request that the recipient collect the goods from the station, and the shipping fee will be calculated at the original price without the possibility of requesting a refund of the difference.
8. The carrier shall not be liable for any compensation for loss, damage, delayed delivery, or any other loss caused by the following reasons:
   • Inherent defects in the goods, natural wear and tear, or damage caused by inadequate packaging.
   • Fire, explosion, mold, decay, discoloration, rust, or any other damage caused by the nature of the goods.
   • Strikes, work stoppages, social movements, or criminal cases.
   • Traffic obstructions caused by unforeseeable or force majeure factors or decisions of other authorities.
   • Earthquakes, tsunamis, floods, storms, landslides, typhoons, or any other natural disasters.
   • Suspension of delivery, opening, confiscation, sealing, or delivery to a third party due to laws or exercise of public authority.
   • Goods that are returned (reverse logistics) as defective products.
   • Incorrect information recorded on the consignment note or intentional or negligent actions by the shipper or recipient.
   • Failure of the shipper to truthfully inform the carrier of prohibited items for transportation.
   • Low-temperature packages not pre-cooled for 6 hours to refrigerated status or for 12 hours or more to frozen status.
   • Other accidents or prohibited items not attributable to the carrier.
   • Irregular cargo (including but not limited to unpackaged cargo, uneven surfaces with protrusions, oversized, overweight, or excessively long cargo) or perishable goods that should be transported with temperature control (including but not limited to fresh products, fruits, etc.), but the shipper has specified regular or ambient temperature transport.
9. If the shipper fails to specify or conceals the name and nature of the goods (e.g., flammable, perishable, fragile, explosive, or other precautions) when sending the goods, and the goods are damaged, the carrier may invoke liability limitations or exemption from compensation in accordance with the regulations of the automotive transportation industry.
10. Once the carrier completes the delivery and the recipient signs for the goods, the responsibility for the goods shifts to the recipient, and the carrier's transportation liability ceased.
11. If the recipient discovers internal defects in the goods after receiving them, they must notify the carrier within 3 days of receipt (for low-temperature goods, within one hour of receiving the goods, along with photographic evidence). This is necessary for verification purposes. If the recipient fails to notify the carrier within the aforementioned period, the carrier may refuse to accept the claim.
12. For the following types of shipments, if the carrier agrees to transport them, the following conditions and charges apply:
    • Freight charges will be increased by 50%:
      1. Overlength items: Individual height or length exceeding 160 cm.
      2. Overweight items: Individual weight exceeding 40 kg.
      3. Oversized items: Individual volumetric measurement exceeding 7 cubic feet.
    • Bare items, excessive length, excessive weight, oversized, and irregular cargo will be loaded on pallets and billed according to the number of pallets:
      1. Irregular goods: Loose and non-stackable items such as bubble bags, plastic bags, etc.
      2. Bare items: Incomplete packaging of hardware components, long and tubular items, machinery, engines, transmissions, mattresses, etc.
    • Standard pallet size: 100 cm in length × 110 cm in width, with a maximum stacking height of 160 cm. Goods exceeding this specification will be charged based on the number of pallets that fit the measurement.
13. Declaration of Value and Compensation:
    • Valuable items should be declared with their value (to be specified in the consignment note). If not stated, they will be considered as ordinary shipments. For goods that have been declared with a value, an additional fee of 1% of the declared value will be charged as a declaration fee. The declared value limit is capped at NT$50,000 per item. In the event of damage or loss, the declared value will be the maximum compensation limit for declared items, while for undeclared items, the maximum compensation limit will not exceed NT$3,000 per item.
14. Packaged goods must weigh less than 30 kilograms and have dimensions (length, width, and height) that do not exceed 45 centimeters each, and they should be manageable by a single person.
15. Calculation of Cubic Measurement:
    • 1 cubic foot (ca. 30 cm³) = 1 cubic Taiwanese measurement unit ("ca" stands for "approximately").
    • Dimensional calculation: Maximum length × maximum width × maximum height.
    • For voluminous goods, the cubic measurement should be used for calculation.
    • For heavy goods, the weight should be used for calculation.
    • If the freight charge for the same shipment is lower than the base price, the base price will be applied.
16. Personal Data Protection Clause:
    • To provide you with cargo shipping services and complete this service, you agree to provide relevant personal data to the company for processing, utilization, and management in accordance with the Personal Data Protection Act.
    • Purpose of collection: To provide cargo shipping, cash on delivery services, customer data management, marketing, statistics and analysis, and provide related inquiry services regarding cargo shipping and delivery confirmation.
    • Categories of personal data: Sender and recipient's names, telephone numbers, addresses, email addresses, national identification numbers, and other relevant information.
    • Duration, region, recipients, and methods of utilization: The personal data will be used during the period of providing shipping, cash on delivery, and related inquiry services. It will be used within Taiwan, Penghu, Kinmen, Matsu, the recipient's location, and the areas through which the cargo is transported. It will be accessed by the company's employees, external vendors, or cargo co-transporters for route arrangements, customer account management, shipment tracking, identification, logistics services, account handling, claims processing, and other necessary matters related to providing cargo shipping and cash on delivery services. The utilization will be carried out through electronic documents, physical copies, input/transmission/storage in internal computer systems, or other appropriate methods in accordance with the prevailing technology at that time.
    • As the above-mentioned personal data is necessary for the company to provide shipping services, if you refuse to provide some or all of the personal data, the company will be unable to provide the required shipping service.
    • You can exercise the following rights regarding the personal data you have provided by contacting the company's customer service hotline at 412-8999 (02 for mobile phones): inquire or request access, request copies, request supplementation or correction, request cessation of collection, processing, or utilization, and request deletion.
17. 17. Matters not covered by these terms and conditions shall be handled in accordance with other relevant laws or customs in the Republic of China.