Standard Trading Condition (STC) - Federation of Malaysia Freight Forwarders


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CHAPTER 2 - HEADINGS

Headings of clauses or groups of clauses are for indicative purposes only.

CHAPTER 3 - SCOPE OF APPLICATION

1. Where applicable, words importing the singular include the plural and words in the plural shall include the singular; words importing a gender includes every gender and references to persons include bodies corporate and unincorporated.
2. Any reference to any statute shall be deemed also refer to any statutory modification or re-enactment thereof or any statutory instrument, order or rules and regulations made thereunder.
1. Save as otherwise expressly provided, any Services provided by the Company, whether gratuitously or otherwise, shall be subject to the provisions set out herein and these provisions are deemed to be incorporated into any agreement or arrangement between the Company and its Customer, including any agreement or arrangement concluded by means of Electronic Data Interchange.
2. In respect of any agreement or arrangement between the Company and its Customer for the provision of any Services to which these Conditions apply that is effected by means of Electronic Data Interchange, the provisions set out in the "Rules Governing Electronic Data Interchange" annexed to these conditions shall, unless otherwise expressly agreed, apply and shall be deemed to form part of these Conditions.
3. Without prejudice to Clause 1 (a) above,
  1. the provisions of PART 1V hereunder shall apply to all Services provided by the Company whether as agent or principal;
  2. the provisions of PART V shall apply only to the extent that the Services are provided by the Company as agent. In the event of any inconsistencies between any provisions in PART V and those in PART 1V, the provisions of PART 1V shall apply to the extent that they are not inconsistent with those in PART V; and
  3. the provisions of PART V1 shall apply only to the extent that the Services are provided by the Company as principal. In the event of any inconsistencies between any provisions in PART V1 and those in PART 1V, the provisions in PART 1V shall apply to the extent that they are not inconsistent with those in PART V1.
4. Where a document bearing a title of or including " bill of lading " (whether or not negotiable ) or " Waybill " is issued by or on behalf of the Company and provides that the Company contracts as carrier, the provisions set out in such document shall be paramount in so far as such provisions are inconsistent with these Conditions.
5. If any legislation is compulsorily applicable to any Services provided by Company, these Conditions shall as regards such Services be read as subject to such legislation and nothing in these Conditions shall be construed as a surrender by the Company of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation and if any part of these Conditions is repugnant to such legislation to any extent such part shall regards such Services be void to that extent but no further.
6. Every variation, cancellation or waiver of these Conditions or any part thereof must be in writing signed by a Chairman of the Company. Notice is hereby given that no other person has or will be given any authority whatsoever to agree to any variation, cancellation or waiver of these Conditions.
All Services are provided by the Company as agents except in one or more of the following circumstances where the Company acts as principal: -
1. where the Company performs any carriage, handling or storage of Goods but only to the extent that the carriage is performed by the Company itself or its servants and the Goods are in the actual custody and control of the Company or its servants;
2. where prior to the commencement of the carriage of Goods the Customer in writing demands from the Company particulars of the identity, services or charges of persons instructed by the Company to perform part or all of the carriage the Company shall be deemed to be contracting as principal in respect of that part of the carriage in respect of which the Company fails to give such particulars demanded within 28 days of the Company's receipt of such demand;
3. where the Company contracts with its Customers as a Multimodal Transport operator; or
4. to the extent that the Company expressly agrees in writing to act as a principal.
Without prejudice to the generality of Clause 3,
1. a charging by the Company of a fixed price for any Services of whatsoever nature shall not in itself determine or be conclusive evidence that the Company is acting as an agent or a principal in respect of such Services;
2. the supplying by the Company of their own or leased equipment, shall not in itself determine or be conclusive evidence that the Company is acting as an agent or a principal in respect of any carriage, handling or storage of Goods;
3. the Company acts as an agent where the Company procures the issue of a bill of lading or other document evidencing a contract of carriage between a person, other than the Company, and the Customer or Owner; and
4. the Company acts as an agent and never as a principal when providing Services in respect of or relating to customs requirements, taxes, licenses, consular documents, certificates of origin, inspection, certificates and other services similar or incidental thereto.

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