Definition Or Term in Haulage

“Carrier” means (whether in regard to carriage or storage or otherwise) the Carrier including its servants and agents, and its sub-contractors together with their respective servants and agents and which expression includes its successors in title and permitted assigns.

Haulier” shall have the same meaning as the term “Carrier” above.

AMH” means the Association of Malaysian Hauliers or its successors in title.

“Charges” means amount of money paid or to be paid by the Customer for services rendered by the Carrier.

"Community System” means the network system established by EDI Malaysia for any particular trading community on or through which any or all of the EDI Members transmit messages in connection with their trading activities.

“Consignee” means the person, firm or company who will collect the Goods from the Carrier.

“Consignment Note” means the document containing all the particulars of the Goods issued by the Carrier for the movement of the Consignment delivered to the Customer by the Carrier.

“Consignment” means any container, transportable tank, flat or pallets, and should be constructed to ISO (International Standards Organization), SIRIM (Standards and Industrial Research Institute of Malaysia) or other acceptable standards and maintained in a state that is safe for transportation.

“Contract” means the contract of carriage between the Customer and the Carrier.

"Customer” means any person or company or body incorporated under the law of any country sending or receiving or desiring to send and receive Goods by the services of the Carrier or its agents and includes unless the context otherwise requires, his principals, servants, agents (including but not limited to the forwarding agent), Consignee and owner of the Goods.

“Equipment” means prime movers, trailers, side-loaders and includes any other mechanical device used to transport and haul the container.

“Dangerous Goods” means Goods, which are of a dangerous, flammable, radioactive or damaging nature, and includes Goods, which are specified as dangerous goods published by the International maritime Organization (IMO) or any law for the time being enforced in Malaysia.

“Excepted Goods” means livestock, jewellery, furs, watches, precious metals and stones, treasury notes, bullion, cash, bonds, deeds, stamps, securities, manuscripts, paintings, documents and loans, safety razor blades, tin ingots, cigarette lighters, bottled perfumery, tobacco, cigars, cigarettes, bottled wines, spirits and the like.

"Fragile Goods” means the Goods that are of a brittle or delicate nature and are likely to break and includes without limitation glass, china and castings.

“Goods” means the cargo accepted from the Customer and includes any container not supplied by or on behalf of the Carrier.

“Obnoxious Goods” means any of the following kinds of Goods which are not included in the category of Dangerous Goods: -

-->substances which can cause discomfort to or adversely affect, personnel handling them;

-->substances which will taint other cargo or containers in close proximity or which may necessitate the containers being deodorized or specially cleaned;

-->Substances, which will damage other cargo by, contact or by sifting, e.g. carbons, graphite, white pigments, greases and other “ dirty” cargo.

-->Deliquescent cargo and/or cargo which readily takes up moisture even from the air or cargo in a moist or wet condition, e.g. wet salted hides;

-->Cargo liable to infestation by insects, mites, weevils, or grubs or which might require fumigation;

-->Cargo of liquid or semi solid nature and cargo liable to liquefy with a rise in temperature such as reasonably could be foreseen; and

-->Any other Goods which in the opinion of the Carrier are likely to adversely affect other cargo or to cause personnel to object to handling them or to present any difficulty in handling or transport.

“Perishable Goods” means Goods that over a short period of time may be physically destroyed or so changed, altered or deteriorated and/or of un-merchantable qualities and/or have lost their commercial identity and which no longer fulfill their contract description.

“Government” means the Government of Malaysia.

“Request For Delivery” or RFD means document required and issued by the Carrier requesting the Customer or its agent to submit particulars and details of the Goods to be delivered.

“Request For Transport” or ROT means the same as RFD as stated above.

“RM” means Ringgit Malaysia, the lawful currency of Malaysia.

“Royal Customs And Excise Department” means the Royal Malaysian Customs and Excise Department.

“Sub-contracting Parties” means all persons (other than the Carrier and the Customer) .

“Tariffs” means a published list of the Carrier’s haulage charges.

“Trailer” means the chassis used for the purpose of transporting a container.

“Force Majeure” means an event not within the control of the Carrier and has a direct or indirect effect on the Carrier’s obligations in the Performance of this Contract; events which it is unable to prevent, avoid or remove and shall include war whether declared or not, hostilities, invasion, armed conflict, act of foreign enemy, riot, insurrection, strikes, resolution, act of terrorism, sabotage or criminal damage, natural disasters including earthquakes, lightning, volcanic eruptions, hurricanes, tempest, fires and floods.