Terms & Conditions

The Terms and Conditions of using our service as follows:

1. Standard terms and conditions of carriage for shipments

[1] When using LME’s services,  you as “Shipper”, agree on your behalf and on behalf of the receiver of the Shipment (“Receiver”), and anyone else with an interest in the Shipment that these Terms and Conditions be applied.

[2] “Shipment” means all documents or parcels which travel under one waybill and it may be carried by any means of your appointed service provider chooses, including air, road or any other carriers. A “waybill” shall include any shipment identifier or document produced by appointed service providers or Shipper automated systems such as a label, barcode, waybill or consignment note as well as any electronic version thereof. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires cargo insurance for protecting their interest, Shipper shall buy the cargo insurance for the consignment themselves. (Shipper may check with our customer service for further information).

2. Scope

[1] These general terms and conditions (“GTC”) shall apply to all agreements between LME and the Shipper or LME and the Receiver regarding the transport and delivery of Shipments and any possible ancillary related services, unless otherwise agreed in writing by LME.

[2] As a part of the E-Commerce Related Services, LME may provide links to websites operated by third parties. LME is not responsible for the collection or processing of personal data or the operation or contents of such third party sites. Users should check the terms of use and privacy policies of such websites prior to use.

[3] The Shipper or the Receiver agrees to be bound by the GTC at the time of account opening. Any revisions to the GTC will be posted at www.dealer-send.com or may be obtained from LME directly upon request. The Shipper’s or the Receiver’s continued use of LME’s services including but not limited to transport and delivery of Shipments, any or all services or of any LME website shall constitute the Shipper’s agreement to the revised version of the GTC, and the Shipper also agrees to abide by the terms of use and privacy policy posted at www.dealer-send.com.

[4] The Shipper’s or the Receiver’s general terms and conditions shall not apply and are herewith explicitly excluded, even if LME has accepted the Shipment without any express objection. Any terms and conditions which amend or modify these GTC shall be agreed in writing between the Parties (“Shipper” and “LME” or “Receiver” and “LME”).

3. Agreements and Services

[1] Contracts regarding transport and delivery of Shipments are concluded between the Shipper and LME or the Receiver and LME, as long as in written form, in online form or by way of hand-over of the Shipment and acceptance of the same for transport and delivery in accordance with these GTC.

[2] LME accepts Shipments for transport and delivery from the Shipper at the sites of LME, or picks up such Shipments at agreed sites of the Shipper, or have them picked up by another service providers, in order to deliver such Shipments to agreed sites of the Receiver directly or have them delivered by another service providers.

[3] The Shipper shall label the Shipment correctly and provide all necessary details to enable appointed service providers to perform the services including transport and delivery, settling of damages claims and/or return of the Shipment, as the case may be.

[4] LME will accept special instructions from the Shipper or the Receiver for Shipments only if these instructions are notified in the agreed form or in a separate agreement between the Parties. LME is not obliged to comply with any special instructions if these are issued only after the Shipment has been handed over for transport and delivery.

[5] The Shipper or the Receiver agrees to all routing and diversion, including the possibility that the Shipment will be transported via intermediate stops, at the sole and absolute discretion of LME.

4. Shipments

[1] LME shall not undertake the transport and delivery of any Shipment which contains Prohibited Goods (as defined below). Prohibited Goods include, but are not limited to the items listed below, and as may be updated from time to time by service providers (the latest updated list is available at the official websites of service providers):

1. Shipments the content, external form, transportation or storage of which violates a statutory prohibition or a prohibition by a public authority, in particular – but without limitation – regulations regarding export, import or customs law of the countries of origin, destination or transit, or goods for which special equipment (e.g. for temperature-controlled goods), safety precautions or authorizations are required;
2. Shipments or items the transportation of which is prohibited or is subject to special restrictions under UPUC (“Universal Postal Convention and the supplementary documents as applicable in the latest version”), International Air Transport Association (“IATA”) or International Civil Aviation Organisation (“ICAO”) rules;
3. Shipments the transportation and/or storage of which is subject to hazardous goods regulations, including but not limited to goods that are not completely free from restrictions under current IATA and ICAO hazardous goods regulations;
4. Shipments the content of which violates intellectual property rights, including forged, counterfeit or unlicensed copies of products (brand and trademark piracy);
5. Shipments the content or external characteristics of which may cause death or injury to or infection of persons or damage to property;
6. Shipments containing live animals or human remains; with the exception of invertebrates if and where permitted under the provisions of the UPUC such as queen bees;
7. Shipments containing narcotics or intoxicants;
8. Shipments containing cash or other methods of payment, precious metals, works of art, jewelry, watches, precious stones or other valuables or securities (unless otherwise agreed by service providers in its sole and absolute discretion);
9. Unfranked or insufficiently franked Shipments and Shipments transported or delivered with the intention of fraudulently obtaining the transport service without paying for it;
10. Shipments that contain weapons, especially firearms, or parts thereof, imitation weapons or ammunition; and
11. Shipments which contain obscene or pornographic articles.

[2] The Shipper or the Receiver warrants that the Shipment does not contain any Prohibited Goods and has been correctly packaged and is appropriately protected. Notwithstanding any other rights of LME, the Shipper or the Receiver shall indemnify LME from any liability for third-party claims resulting from the transportation or delivery of Prohibited Goods or other inadmissible or unlawful goods. The contractual liability of LME for its own conduct and that of its agents or subcontractors remains unaffected.

[3] The Shipper or the Receiver undertakes to indemnify LME promptly upon first demand against any loss or damages arising out of any alleged third-party claims and any other loss or damage that LME incurs as a result of the transportation or delivery of the Prohibited Goods. The indemnity by the Shipper or the Receiver shall also cover the expenses incurred by LME in connection with the provision of information, confiscation by the customs authorities or border seizure which are required by law or have been ordered by a court or a government authority.

[4] If a Shipment contains Prohibited Goods or the Shipment – because of its nature (size, format, weight, contents, etc.) or for other reasons – does not comply with Section 4(2) above or with the other provisions of these GTC, LME shall be entitled to:

1. Refuse acceptance of the Shipment;
2. If the Shipment has already been handed over, abandon it, dispose of it, hand it over to the relevant authorities, return it or store it until its collection and to invoice the Shipper or the Receiver for any additional costs incurred as a result of taking any of the aforementioned measures; or
3. Transport the Shipment without notifying the Shipper or the Receiver and, if necessary and/or required by law, to choose a different route (e.g. by road and sea instead of by air freight as planned) and to invoice the Shipper or the Receiver for any additional costs incurred as a result,

without incurring any liability to the Shipper, Receiver or any other third party.

LME shall also be entitled to exercise the rights referred to in the paragraph above if it suspects that the Shipment contains Prohibited Goods or that there are any breaches of contract and the Shipper or the Receiver fails to comply with LME’s request to supply information.

[5] LME is not obliged to check whether a Shipment contains Prohibited Goods. However, LME shall be entitled to open a Shipment and to inspect the contents if it suspects that the Shipment contains Prohibited Goods. In addition to the foregoing, LME has the right to open and inspect a Shipment without notice for security or customs or other valid reasons. Further, LME carries out regular checks in accordance with the applicable statutory aviation security regulations and if goods which may not be transported by air are found, or if there is reason to suspect that these goods ought not to be transported by air, LME shall be entitled to transport the goods by land or sea, notwithstanding its other rights under Section 4(4).

5. Customs Clearance and Customs Regulations

[1] The Shipper or the Receiver is obliged to comply with the applicable import and export regulations and the customs regulations of the country of origin, destination and transit. The Shipper shall complete the necessary accompanying documents (customs declaration, export licenses etc.) truthfully and completely, and shall hand these over with the Shipment.

[2] LME does not assume any liability for the content of the Shipment and the accompanying documents, even if these are prepared by or on behalf of LME upon the Shipper’s request or the Receiver’s request. The Shipper or the Receiver remains solely responsible for all risks and consequences of importing and exporting goods. This shall apply independently of the grounds on which the dispatch is restricted or prohibited, either by applicable statutory provisions or is restricted or excluded under these GTC or other contractual provisions. Sections 2(3) and 4(3) remain unaffected.

[3] The Shipper or the Receiver shall indemnify LME from third-party claims arising from or in connection with violations against the provisions specified in this Section 5.

6. Deliveries and Undeliverables

[1] The Shipments shall be delivered to the Receiver’s address specified by the Shipper, though not necessarily personally to a Receiver named in person. Shipments to addresses with central delivery departments shall be delivered to these departments.

[2] If necessary for the return of undeliverable Shipments, the Shipper or the Receiver agrees that a corresponding return label as per LME’s requirements shall be attached to such Shipment. The Shipper or the Receiver shall use best efforts to assist LME in returning such Shipment and particularly to furnish all necessary customs documents and all other documents and information which may be required for the return.

[3] If the Receiver refuses to accept a Shipment or refuses to make payment, LME shall be entitled to release, sell, destroy or otherwise dispose of such Shipment without incurring any liability to the Shipper, Receiver or any other third party, provided that LME has made reasonable efforts to return such Shipment at the expense of the Shipper or the Receiver or if applicable law prohibits or prevents the return of such Shipment to the Shipper.

[4] Unless special instructions are issued in accordance with Section 3(4), if an undeliverable Shipment is returned in accordance with Sections 6(2) and 6(3), LME reserves the right to determine the timeframe for, the manner (i.e. whether individually or on a consolidated basis) and the mode of transport for such returned Shipment.

7. Shipment Charges

[1] The Shipper or the Receiver shall pay to LME the agreed charges for the agreed services.

[2] All prices indicated are net prices and are exclusive of any taxes, customs duties and fees. Such taxes, customs duties and fees shall be invoiced to and payable or reimbursable by Shipper or Receiver.

[3] All invoices shall be due and payable by the Shipper or the Receiver, without deduction or set-off, within the credit period granted by LME.

[4] In case of non-payment by the Shipper or the Receiver of any outstanding amount, LME shall be entitled to suspend any or all of the services, charge interest on all overdue amounts from the due date until payment and/or exercise such other right or remedy in respect of such outstanding amount.

[5] In the event that the Shipper’s or Receiver’s original choice of service and/or product is no longer applicable or available for any reason, LME reserves the right to select the next best available or appropriate service and/or product in respect of the Shipper’s or the Receiver’s Shipment and the charges for the service and/or product actually performed shall constitute the charges for the said Shipment.

[6] LME reserves the right to charge based on the higher of actual or volumetric weight per piece and any Shipment may be re-weighed and re-measured by LME to confirm this calculation. This is referred to as “chargeable weight” and may be billed on a separate invoice.

8. Liability

[1] LME’s liability for any and all services is strictly limited to only direct loss and damage to a Shipment which is caused by the fulfillment handled by LME and to the limits of liability set out in this Section 8. 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 to LME’s attention before or after acceptance of the Shipment.

[2] The Shipper or the Receiver must make its own insurance arrangements if necessary.

[3] All claims must be submitted in writing to LME within the timeframes set out below, failing which LME shall have no liability whatsoever:

1. For all Shipments, all claims must be submitted in writing to LME within thirty (30) days from the date that LME accepted the Shipment.

Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith. All claims are determined by service providers and LME has no liability on it at all. All of the original shipping cartons, packing and contents must be made available for LME’s inspection and retained until the claim is concluded. LME is not obliged to act on any claim until all service charges have been paid.

9. Sanctions

[1] The Shipper or the Receiver warrants that neither the receipt, transportation nor the delivery of its Shipments will expose LME or its employees, servants, agents, subcontractors, insurers or reinsurers to any sanction, prohibition or penalty (or any risk of sanction, prohibition or penalty) whatsoever imposed by any state, country, international governmental organization or other relevant authority (collectively “Sanctions”) by reason of the content of the Shipments, any insurance of the Shipments taken out by the Shipper, the Receiver or any other person with an interest in the Shipments, the destination of the Shipments, the intended consignee of the Shipments or the purchaser or end user of the content of the Shipments.

[2] The Shipper or the Receiver warrants in particular, that:

1. Shipments shall not include any goods which appear on any applicable list of prohibited goods as shall be determined from time to time by the United States, the United Nations, the European Union, the country of origin, country of destination and any transit countries;
2. Delivery of its Shipment to the intended consignee will not, in and of itself, contravene any of the prohibitions set forth from time to time by the United States, the United Nations, the European Union, the country of origin, country of destination and any transit countries; and
3. Delivery of this Shipment to the intended consignee will not, in and of itself, result in any funds or economic resources being made available directly or indirectly to or for the benefit of any person entity or body which is listed or designated in any Sanctions or legislation covering Denied Parties as set forth from time to time by the United States, the United Nations, the European Union, the country of origin, country of destination and any transit countries.

[3] The Shipper or the Receiver agrees to provide LME immediately on request with full information about the nature of its Shipment and their intended use, as well as the identities of all parties which have any legal, financial or commercial interest in the Shipment.

[4] LME is entitled to inspect Shipments and, in particular, is entitled to access any data or information contained in any electronic storage medium and LME shall not be responsible for any delay or damage caused as a result of that inspection provided that LME shall take reasonable care in inspecting the Shipment. Where data or information is protected by a password, details of that password shall be provided to LME by the Shipper or the Receiver on request.

[5] The Shipper or the Receiver shall indemnify LME against all loss, damage, fines and expenses whatsoever, including but not limited to exposure of LME, its employees, servants, agents, subcontractors, insurers or re-insurers to any Sanctions arising or resulting from any non-declaration or illegal, inaccurate and/or inadequate declaration in respect of the Shipment by the Shipper, the Receiver or from any other cause in connection with the Shipment for which LME is not responsible.

[6] If it appears, in the reasonable judgment of LME that Shipments (or any activities required in respect of the Shipments by LME or any other person) may expose LME or their employees, servants, agents, subcontractors, insurers or reinsurers to any breach of Sanctions or risk of breach of Sanctions, then:

1. LME may refuse to carry Shipments or alternatively LME may without notice to the Shipper or the Receiver (but as his agent only) take any measure(s) and/or incur any additional expense to carry or to continue the Shipment thereof, and/or abandon the Shipment and/or store the Shipment ashore or afloat, under cover or in the open, at any place, which abandonment or storage shall be deemed to constitute due performance by LME of all of its obligations in respect of that Shipment;
2. The Shipper or the Receiver shall indemnify LME against any additional expense so incurred;
3. The Shipper or the Receiver shall indemnify LME against any and all claims whatsoever brought by any third party in respect of the Shipments; and
4. LME may, without notice to the Shipper or the Receiver, provide any state, country, international governmental organization or other relevant authority with full information about the Shipments, including the identities of all parties which have any legal, financial or commercial interest in the Shipments.

10. Limitation of Liability regarding Delay of Delivery

Appointed service providers will make every reasonable effort to deliver the Shipment according to their regular delivery schedules, but these schedules are not binding and do not form part of the contract. LME is not liable for any damages or loss caused by delay.

11. Force Majeure

LME is not liable for any loss or damage arising out of circumstances beyond LME’s control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to LME; any act or omission by a person not employed or contracted by LME, e.g. Shipper, Receiver, third party, customs or other government official; “Force Majeure” – e.g. earthquake, cyclone, hurricane, storm, flood, fog, radiation contamination, pandemic, war, plane crash or embargo, riot or civil commotion, industrial action or disputes.

12. Warranties of shipper or warranties of Receiver and Indemnification

The Shipper or the Receiver shall indemnify LME from liability for loss or damage resulting from Shipper’s or Receiver’s failure to comply with the following warranties and representations:

1. All documents and information provided by the Shipper, the Receiver or its representatives are complete and accurate;
2. The Shipment is acceptable for transport under Section 4 above;
3. The Shipment was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation to LME;
4. The Shipment is correctly labeled, addressed and packaged so as to ensure safe transportation with ordinary care in handling;
5. The Shipper or the Receiver has complied with all applicable customs, import, export, data protection laws and regulations, sanctions, embargoes and other laws and regulations; and
6. The Shipper has obtained all necessary consents to provide LME with personal data including Receiver’s data as may be required for transport, customs clearance and delivery.

13. Final Provisions

Any dispute arising under or in any way connected with these GTC shall be subject to the exclusive jurisdiction of the courts of, and governed by the law of, Hong Kong.

The invalidity or unenforceability of any provision of these GTC shall not affect any other part of these GTC.

A person who is not a party to these GTC may not enforce any term of these GTC under any laws purporting to grant such rights which is hereby excluded to the extent permissible but this does not affect any right or remedy of a third party which exists or is available apart from such laws.