- Consignment shall be the Packages and/or documents belonging to the Second Party and/or other parties under the Second Party’s responsibility sent through the First Party’s delivery service.
- Consignment prohibited to send is as follows:
- Dangerous goods which are explosive, toxic, can cause a fire or sparks, and might damage other goods;
- Restricted goods such as narcotic, marijuana, morphine, shabu-shabu and the kind; and
- Goods violating any provision in the prevailing legislation, such as illegal goods, immoral goods and the kind.
- Special goods are consignment having certain characteristics such as: Heavy Goods, Dangerous Goods, and Valuable Goods, Valuable Documents (hereinafter referred to as ‘Special Goods’) are consignment which are highly valuable including but not limited to those goods which functionality and economic value are very high, documents and/or goods requiring a special permit from domestic and/or foreign governmental instances and/or private, including but not limited to passport, visa, roll stamps and others and the tariffs of Special Goods shall follow the First Party’s standard.
- The Parties agree that the Agreed Delivery Cost/Price is the normal delivery tariff/price as set out in the List of Pandu Logistics Delivery Tariffs/Prices effective as per January 1, 2012 (hereinafter referred to as ‘Normal Tariff’) and/or Tariff of Special Goods added by wood packing cost (if any) added further by Forwarding cost (if the Consignment’ Destination is beyond the First Party’s reach) subtracted by discount (if any).
- The Second Party is obliged to bear any costs and taxes arising from the signing of this Memorandum of Agreement on Package and Document Delivery (hereinafter referred to as ‘Memorandum of Agreement’).
- The Second Party is obliged to insure the Consignment and to bear the insurance premium cost. The First Party is ready to assist in contacting an insurance company to insure the Second Party’s Consignment or accept a power from the Second Party to pay such insurance premium. This obligation can be waived and the Second Party is ready to bear by itself the whole losses in the event of any damage occurring either partly or wholly, a partly or whole loss of Consignment due to any occurrence not including Force Majeure and ready to accept a compensation from the First Party to the extent as stipulated in point 8 below.
- In case the insured Consignment are lost, destroyed, damaged and eliminating the Consignment’ functions, the First Party will assist the Second Party in submitting a claim to the insurance company for a 100% reimbursement of the Consignment value.
- In case the uninsured Consignment suffers a delayed delivery, loss, destroyed, damage and results in the eliminated functions of Consignment not due to a Force Majeure, the First Party is ready to pay an indemnification of 10 times of delivery cost (hereinafter referred to as ‘Indemnity Value’), in the event such indemnity value exceeds Rp 1,000,000,- (one million rupiah) the First Party shall only pay a maximum indemnity of Rp 1,000,000,- (one million rupiah).
- The First Party shall not bear any loss suffered by the Second Party for any damage and/or loss entirely or partially, rotten or damaged due to its nature of the Consignment which is caused by the imperfect packing, packaging of Consignment done by the Second Party.
- In case the Consignment are not packed or packaged well and perfectly to be sent, in this matter still needs to be re-packed, the First Party is ready to do the repacking provided that the Second Party will be charged with a packing cost (hereinafter referred to as ‘Packing Cost’), the Packing Cost conforms to the First Party’s tariff.
- The First Party will notify the Second Party, in case of Delay in the delivery of Consignment at the destination address due to something such as, including but not limited to, a weekend, a national holiday, a religious holiday, a new year holiday, a collective holiday stipulated by the government or the First Party, due to a Pilgrimage Season and in the event of a Force Majeure as set out in point 19 below, and because of those matters the First Party shall not be charged to pay an indemnification.
- The First Party shall not accept any claim of the Second Party after 14 (fourteen) days since the Consignment is received by the receiver of Consignment according to the POD and there is no record whatsoever on the relevant POD.
- The First Party shall not accept and bear any claim, any Loss of Business from the Second Party or any other party in connection with a delay of delivery and/or loss, the destroyed and/or damage entirely or partially and/or rotten or damage due to the goods’ nature of the Consignment which is caused by something such as, including but not limited to, a traffic error, a weekend, a national holiday, a religious holiday, a new year holiday, a collective holiday stipulated by the government or the First Party, due to a Pilgrimage Season and in the event of a Force Majeure beyond the First Party’s control as set out in Point 19 below.
- The First Party shall not bear any losses suffered by the Second Party or any other party in the event of a loss to, the destroyed of, the partial or entire damage of, Consignment caused by a Third Party such as, including but not limited to, theft, robbery, piracy, embezzlement and the kind.
- The First Party shall not bear any loss whatsoever suffered by the Second Party or another party due to any containment/seizure as well as extermination to the Consignment by any governmental authority, such as Customs Office, Quarantine, Police, Prosecution Office, etc., due to a legal consequence of the Consignment’ condition or type.
- The First Party is entitled to report and cooperate with the authority to inspect the Consignment (random test) or any other kind of test, if the Consignment is worth to be suspected as goods not complying with the law applicable in Indonesia.
- The First Party is entitled to report the Second Party to the competent authority, in case the Consignment are not in compliance with the law applicable in Indonesia and/or the Second Party had provided the First Party with a false information in respect of the Consignment.
- In the event that the implementation of this Memorandum of Agreement causes a loss in any form that is suffered by any third party or any other party or results a lawsuit or claim from such third party or another party, all losses and/or lawsuit and/or claim shall be fully borne by the Second Party and the Second Party hereby holds the First Party harmless from any compensation of loss and/or such lawsuit and/or claim.
- Force Majeure shall be the incidents or events that occur beyond the First Party’s or the Second Party’s control that result in the cessation or delayed implementation of this Memorandum of Agreement, including but not limited to a breakdown of working system, damage and interference to internet signal and/or telephone, damage and/or interference to provider’s network, traffic accident, traffic error, theft, robbery, piracy, earthquake, typhoon, fire, explosion, sabotage, riot, civil commotion, military act, strike or governmental policy, act of civilian or military ruler, governmental priorities, strike or labor disturbance that occurs in mass, storm, flood, plague, war and riot.
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