SRB CARGO TERMS AND CONDITIONS

 

These Terms and Conditions of Services constitute a legally binding contract between "SRB Cargo & Logistics, Inc." (hereinafter referred to as “SRB Cargo”) and the sender or client (hereinafter referred to as the “Sender”). 

 

When using SRB Cargo’s services, the Sender is agreeing, on your behalf and on behalf of the receiver of the cargo (hereinafter referred to as “Receiver”) and anyone else with an interest in the cargo that these Terms and Conditions shall apply. The word “cargo” in these conditions shall include any packing, containers, or equipment of whatever shape and size.

 

These Terms and Conditions are also published on the website www.srbcargo.com.

 

SRB Cargo reserves the right without giving reasons to refuse acceptance of services. A refusal of the acceptance of services for whatever reason can never give rise to any claim for damages by the Sender.

 

As an agent on behalf of the Sender, SRB Cargo shall be entitled either to arrange all or any of the carriage, storing, packing, or handling of the cargo, or any other services required by the Sender, as well as to provide all or any part of such services as principal contractor or agent of the principal contractor, whichever the case may be. 

 

SRB Cargo shall also be authorized to co-mingle cargo stored at its warehouse.

 

SRB Cargo’s liability is strictly limited to direct loss and damage to cargo only. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought as filed complaints to SRB Cargo.

 

I. PACKING, CRATING, INSPECTION AND DECLARATION
 
  1. The Sender must pack the cargo properly to protect the items inside during the delivery process. If any loss or damage arrives due to improper packaging, the loss or damage is the responsibility of the Sender.
     

  2. In case of improper or unsafe packing, SRB Cargo may provide packing and crating needs if the Sender agrees.
     

  3. A “No Liability Waiver” shall be signed if SRB Cargo raises concerns regarding improper packing and the Sender refuses additional packing or crating services.
     

  4. SRB Cargo has the right to open and inspect cargo without notice for safety, security, customs, or other regulatory reasons. In the same manner, SRB Cargo is not obliged to check each cargo in ensuring the goods sent do not violate the applicable law. If the Sender sends items that are prohibited and restricted without the knowledge of SRB Cargo, the Sender hereby frees SRB Cargo from all damages, losses, or other costs and demands from any party and even by laws of the country.
     

  5. The Sender must accurately declare the contents and value of the cargo. Inaccurate declaration of information regarding the cargo is entirely the responsibility of the Sender. 

 

II. PRICING:
 
  1. The weight that is used as a reference in billing is the actual weight or dimensional weight that has a greater value. If there is a weight increase caused by an additional packaging process carried out by SRB Cargo, then it would be the basis of the freight costs. Additional charges may be added depending on services required (e.g. pick-up, delivery, packing/crating, special handling, etc.).
     

  2. Estimates and quotations are given based on acceptance or details provided and are subject to withdrawal or revisions.

 

III. USE OF SERVICES:
 
  1. During the process, SRB Cargo cannot guarantee that the entire transaction will take place smoothly and appropriately. Unforeseen events may arise beyond the control of SRB Cargo in respect to transportation (i.e. Natural Disasters), in which SRB Cargo will not provide compensation for any loss and/or damage.
     

  2. If there is no complaint from the Receiver when cargo is delivered, the cargo is deemed to have been received properly and in good condition without any problem.
     

  3. SRB Cargo prohibits the use of its services for items such as corpses or any human remains, living or dead animals, illegal drugs, weapons, ammunition, flammable materials, environmental and human waste, other possible contaminants, and other items prohibited and restricted by the government.
     

  4. Sensitive & Perishable Cargo can be accepted only by prior arrangement and at Sender’s risk.
     

  5. When handing over cargo to SRB Cargo, the Sender is deemed to have read, understood, and agreed to all terms and conditions stated in this agreement without any coercion from any party, as well as freeing SRB Cargo from all demands or forms of compensation.

 
 

IV. CLAIMS AND INSURANCE:
 
  1. Any complaints/claims for loss or damage must be submitted in writing no later than seven (7) days from the date of receiving the cargo.
     

  2. Unless a written complaint is made within the time limit no action may be brought against SRB Cargo.

V. LIMITATIONS OF LIABILITIES:
 
  1. SRB Cargo liability for damage, loss, or delay shall be as follows:
     

    1. For Lost or Damaged with Declared value: Limited to Goods Value declared on the waybill and Freight fee only.

    2. For Lost or Damaged without Declared Value: Limited only to Freight fee only regardless of the value of goods.

    3. For Successful Delivery with Damaged item: Limited only to the declared value of goods based on the waybill.

    4. For Partial Damaged item: Limited only to the declared value of goods divided by the total number of delivered items (to get the cost per item), multiplied by the number of damaged item/s.

       

  2. Delivery of the cargo will be made per the Sender’s instructions.
     

  3. The Sender agrees to defend, indemnify, and hold harmless the SRB Cargo against any loss or damage sustained directly by the Sender, and against all claims asserted against the Sender concerning the delivery service covered hereunder arising in whole or in part out of:

    1. Failure of the Sender to provide true and correct information of the real names and accurate addresses of the Sender and the Receiver, as well as the factual contents and declared value of cargos delivered.
       

    2. Failure of the Sender to follow specifications, instructions, warnings, or recommendations furnished by SRB Cargo.
       

  4. In no event shall SRB Cargo be liable for special, incidental, consequential damages, or penalties.​

 

VI. NO MODIFICATIONS OR AMENDMENT UNLESS WRITTEN:

 

These terms and conditions of service may only be modified, altered, or amended in writing signed by both SRB Cargo and the Sender. Any attempt to unilaterally modify, alter or amend any part of the document shall be null and void.

VII. FORCE MAJEURE:
 

SRB Cargo shall be relieved of liability for any loss or damage if, and to the extent that, such loss or damage is caused by: (a) strike, lock-out, stoppage or restraint of labor, the consequences of which SRB Cargo is unable to avoid by the exercise of reasonable diligence; or (b) any cause or event which SRB Cargo is unable to avoid, and the consequences of which SRB Cargo is unable to prevent by the exercise of reasonable diligence.

 

In addition to the agreement or written terms and conditions on this waybill, SRB Cargo cannot be prosecuted and burdened with an agreement or other legal basis except with a written agreement approved by the person in charge or authorized by SRB Cargo.