Condition Of Tariff (AMH)

ASSOCIATION OF MALAYSIAN HAULIER

CONDITIONS OF TARIFF

1^st. JANUARY 2010

1.0        EXPORT CONTAINER DELIVERY AND COLLECTION

1.1.       Futile trip charges on unsuccessful empty delivery shall apply where:

1.1.1.    Futile trip (empty pick-up) at any depot                              RM$120/Box

1.1.2.    Empty container rejected by the shipper (subject to FAF)    2/3 tariff rate

1.1.3.    Where an empty rejected container is not able to be drop-off at RM$60/Box

the depot but returned to Haulier's yard, a Futile Trip Transit

charge applies on top of charges under Clause (1.1.2.)

Laden Export Collection shall be subjected to the following :

Laden Export Collection Advice

All Collection Advice shall be in writing and must be received by Haulier with a minimum of TWENTY-FOUR (24) WORKING HOURS notice.  The notice period shall be counted from time of “Container Readiness Time”.  Container Readiness time is the time when the customer has completed loading of the container and the container doors are fully closed and sealed by the Customer, where applicable.

1.2.2.    Futile Laden Collection shall be charged one Futile trip (Subject to FAF): 2/3 tariff rate

1.2.3.    Where a laden container is not able to enter the Port Terminal for any reason

but returned to Haulier's yard, a Futile Trip Transit charge applies : RM$60/Box.

This charge shall apply on top of the Futile trip charge of RM$ 120/box.

IMPORT CONTAINER DELIVERY AND COLLECTION

2.1.       Laden Import Delivery of containers shall be on the following conditions:

Laden Import Container Delivery Request

ROT and all necessary documents must be received by the Haulier

(including any "container release" required from Port, Customs and/or

any other Government or Statutory bodies) at least FORTY-EIGHT

(48) WORKING HOURS from required date. The Haulier shall be held

free from all charges incurred by consignee within the 48 hours notice period

from receipt of last document or "container release".

2.1.3.    futile trip (laden pick-up failed) at any Port Terminal.  RM$120/Box

futile trip (unsuccessful laden delivery) to consignee shall be charged

all of the below charges :

a) One laden round-trip delivery (subject to FAF)                                     Normal Rate

b) One Futile Trip Transit Charge shall apply                                           RM$60/Box

c) New ROT shall be required for re-delivery (subject to FAF)                  Normal Rate

2.2.       Import Empty Container Collection shall be on the following conditions :

2.2.1.    All Collection Advice shall be in writing and must be received with

FORTY-EIGHT (48) WORKING HOURS notice.  The notice period shall be

counted from time of Container Readiness Time.  The Haulier shall be

held free of all charges incurred by consignee for 48 hours notice period from 

Container Readiness Time.

2.2.2.    Futile Empty Collection shall be charged one Futile trip (subject to FAF) :  2/3 tariff rate

Where an empty container is not able to be drop-off at the depot

(due to factors outside Haulier's control) but returned to Haulier's yard,

all the following charges applies:

a) Futile Trip Transit Charge applies.   RM$60/Box

b) Futile Trip (Unsuccessful Empty Drop-off)  RM$120/Box

3.0        WAIT TO LOAD / UNLOAD (TUNGGU ISI / TUNGGU TURUN)

For any delivery on a "wait to load/unload" basis, the waiting time shall be as follows:

3.1.       The free time for delivery for loading/unloading is ONE HOUR only

3.2.       Waiting time charges is RM$40/hour (or part thereof) per container beyond the free

time for loading/unloading.

4.0        CONTAINER STAGING IN HAULIER'S YARD

At the customer’s request the staging of containers at Haulier's yard may be effected

on a case by case basis.

The customer shall indemnify the Haulier against all and any claims for damages,

consequential losses, personal injury and any other claims and losses however it may

arise while the container is staged in the haulier’s yard. The customer shall also

ensure that the cargo and container is fully insured under their own account.

4.1.       Staging charges shall apply at RM$160/container.

4.2.       Storage charges shall apply at RM$10/20' per day and RM$20/40' per day.

5.0        DELIVERY TO UNSECURED PREMISES

It is the Customer's responsibility to ensure that a proper, safe and secured premises

is provided for the parking of the prime mover, trailer and container.

5.1.       Delivery to unsecured premises will only be performed on a "wait to load/unload"

basis.   Waiting time charges shall apply as per clause (3.0) above.

5.2.       An unsecured premises is defined as :

5.2.1.    Without or outside of a fenced and gated premises.

5.2.2.    Without 24 hours security personnel to attend to the container and trailer.

5.3.       The Customer must inform the Haulier that a delivery will be required to an

unsecured premises before the acceptance of the ROT.

5.3.1.    Should a consignment arrived at an unsecured premises without the

pre-alert to the Haulier, the container shall be loaded/unloaded on a

"wait to load/unload" basis subject to the Haulier's sole discretion to

agree or not agree to wait for loading/unloading. Clause (3.0) then applies.

5.3.2.    If for any reason whatsoever that "wait to load/unload" is not performed,

the container shall be returned to the empty depot or if laden, to the

Haulier's yard for staging while waiting further instructions.

5.3.3.    If an empty container is returned to an empty depot, futile trip charges as per clause

(1.1. Futile Trip On Unsuccessful Empty Delivery) applies.

5.3.4.    If laden container is returned for staging at the Haulier's yard, then a Futile Trip Transit

charge as per clause (2.1.4. Futile Trip Unsuccessful Laden Delivery) applies.

5.4.       The Customer shall indemnify the Haulier while loading/unloading is being

performed at an unsecured premises.  The indemnity shall include but is not

limited to any damages, losses, personal injury, consequential losses and any

other claims and losses, which may occur, however it may arise while loading/unloading.

5.5.       At all times, the Haulier reserves all rights to refuse delivery to an unsecured premises.

6.0        SCHEDULE OF SURCHARGES

Surcharges apply for transportation and handling of refrigerated, dangerous cargo

or container requiring special equipment.

6.1.       DIRECT LOADING / DELIVERY CHARGE

6.1.1.    If "Direct Delivery" is required by the Customer, a "Direct Delivery" surcharge

shall apply at RM$250/container.  Any other costs incurred for direct delivery

shall be borne by the Customer. The same applies for “Direct Loading” request.

6.1.2.    Direct Delivery surcharge applies to all requests for direct delivery whether for

DG, Reefer or even General Purpose containers.  So long as a request for

Direct Delivery is made, the surcharge applies.  The same applies for “Direct

Loading” request.

If direct loading/delivery is not requested, then the required period of notice for

Collection and delivery within clauses (1.0 Export Delivery and Collection) and

(2.0 Import Delivery and Collection) shall apply.   The Haulier shall be held

free of all charges incurred within the notice period required, however it may

arise as provided for under the above said clauses.

6.2.       DANGEROUS GOODS

All Dangerous Goods specified and listed with a DG UN Number shall

be charged a DG surcharge. Surcharge applies whatever the class number

of the cargo whether the highest or lowest rated class.  This surcharge applies

whether the cargo is DG Class 1.0 or DG Class 3.0 or even DG Class 9.0, so long

as the cargo is classed as Dangerous Goods.

6.3.       REFRIGERATED CONTAINERS (REEFER)

6.3.1.    Reefer Surcharge shall apply on all "LIVE" refrigerated containers.

6.3.2.    For Non-Operating Reefers (NOR) containers, no surcharge shall apply so

long as the treatment of this container is considered as if it is a General

Purpose Container including any claims for demurrage, detention and any

other costs representing penalties for e.g. SSR or store-rent.

6.4        Out-Of-Gauge Cargoes in Containers

Over-height, over-length or over-width cargo shall be assessed an OOG Surcharge

6.5.       List of Surcharges

The following is a list of surcharges to be applied.  For any other special cargoes or

container movements which are not listed below, please check with the Haulier on

the additional surcharges before submitting the ROT.

RATE

6.5.1.    Dangerous Goods (DG) surcharge            50% on top of normal tariff

6.5.2.    Refrigerated Cargoes and/or containers  50% on top of normal tariff

6.5.3.    Out-of-Gauge cargoes and/or containers 50% on top of normal tariff

6.5.4.    Perishable Goods  50% on top of normal tariff

6.5.5.    Transportation requiring special equipment e.g. Double the normal tariff

freezer unit, tipping device etc.

Any other special cargoes/containers not     Subject to prior arrangement.

specified                                                       Minimum double normal rate

Weighing required by customers                  RM$ 50 / - per weigh per box.

.

7.0        INSURANCE

The Customer shall at all times ensure that they have purchased or obtained full insurance

coverage for the goods in transit including the coverage of the container, which holds the goods.                        This coverage shall include the entire journey from receipt until delivery of the container up to

and including any transit, temporary stoppage and/or staging, partial loading/unloading period.

The Customer shall provide proof of such insurance coverage to the Haulier on request.

Unless the Haulier advise otherwise in writing to the Customer, the Haulier is deemed to

be covered under Subrogation insurance.  All claims whether for loss or damages however

it may arise, whether from the customer or other third parties shall be claimed against the

Customer's own insurer.  Should there be justification for claim against the Haulier, the

Customer's insurer shall then claim against the Haulier's insurer.  The Customer shall made

no direct claims against the Haulier unless allowed for by the individual Haulier's insurers.

The Customer shall also never deduct in any manner either by direct debit or contra of account

or any other method that reduces the payments due to the Haulier for services previously rendered,

in any effort to off-set claims for losses, damages or penalties for delays and any other costs which

may arise.

7.1.       The amount of compensation for any one case shall not exceed RM$3.00 per kilo gross

weight of the Goods and container or RM$100,000 per claim, whichever is lower.

7.2.       In the case of loss or damage to any containers, the Haulier shall not be liable for any

demurrage, detention, store-rent or any other incidental charges relating to the container

beyond the claim for physical damage or loss of the container, from the day after the

incident of damage to the container or from three (3) days after the day the container

was handed into the Haulier's custody subjected to the limit for compensation under

clause (7.1.) above.

7.3.       Time Limits for Claims

The carrier shall not in any event be liable for :-

7.3.1.    loss or damage to Goods/Containers unless it is advised in writing within three (3) days

and the claim be made in writing within seven (7) days after the termination  of

transit of the Consignment, or the part of the Consignment, in respect of which

the claim arises.

7.3.2.    non-delivery of the whole of the Consignment or part thereof unless it is

advised of the non-delivery in writing within three (3) days and the claim be

made in writing within seven (7) days after the Consignment was handed to

the Haulier by the Customer.

7.3.3.    losses/damages to Goods found in the container if the container's seal is

intact upon receipt by the Customer.

7.4.       The Haulier shall in any event be discharged from all liability whatsoever in respect

of the Consignment unless suit is commenced within a period of time of one (1) year

from the termination of transit or, in the case of loss, mis-delivery or non-delivery of the

whole or part of the Consignment, from the said seven (7) days referred to in Clause

(7.3.2.) above hereof.

LIABILITY IN RESPECT OF DELAY

The Haulier shall not be responsible or liable for any SSR, detention, store-rent, demurrage charges or any other penalties or any other costs or charges incurred as a consequence of any delay, howsoever such delays may have occurred, in delivery or collection of containers or goods or items or documents of any kind, whether such costs or charges shall be imposed by the Customer, Owner, trader or any other third party or regulatory or statutory organizations.

The Haulier shall not be liable for any direct, indirect or consequential losses or for loss of any general, specific or part of any market, customers or trade as a result of any delays howsoever such delays may have arise.

The Customer further indemnifies the Haulier against any claims or demands of compensation as a result of any consequences due to delay in delivery or collection of containers or goods or items or documents of any kind.

9.0        STAYING TIME (DETENTION) OF PRIME-MOVER AND TRAILER

Detention charges will be raised for prime movers and trailers detained at the customers

premises on the following basis:-

Prime Mover

First 1 (one) hour                                                  : Free

Thereafter for every hour or part thereof             : Minimum RM$40.00

Trailer

First 4 hours                                                          : Free

Thereafter for every hour or part thereof             : Minimum RM$10.00 per 20’

Thereafter for every hour or part thereof             : Minimum RM$20.00 per 40’

10.0      WAITING TIME FOR TRAILERS

Charges for waiting time of container movements at the port or depots will be on the following basis:-

First 30 (thirty) minutes                                                  : Free

Thereafter for every hour or part thereof                      : Minimum RM$40.00 per prime mover

The above charges will be computed on the period between the arrival of the prime mover and trailer at the Port Terminal/Empty depots and the time the container is off-loaded/mounted.

11.0      DIVERSION OF CONTAINERS

“Diversion” means to move a container from the premises of the Customer to the

premises of another Customer/trader at the request of either one of the Customers,

trades, shipping lines or their agents or any change in destination at the request of

the Customer, trader or their agents from the first appointed destination as stated in

the ROT.

Only written notification for diversion, officially endorsed by the Customer will be accepted

and a charge of RM$100.00 per container shall be charged.  In addition the Customer will

also be charged the difference in rates between the two destinations.

12.0      CANCELLATION AND AMENDMENTS OF ROT

In case of any cancellation or amendments made by the Customer to the ROT, 

the Carrier reserves the right to charge the Customer on the following basis:-

Cancellation : Minimum RM$25.00 per cancellation

Amendment : Minimum RM$10.00 per paper

13.0      PUBLIC HOLIDAYS

The Carrier will be closed on the following public holidays:-

13.1.     Hari Raya Puasa                        : 2 days

13.2.     Chinese New Year                     : 2 days

13.3.     Hari Merdeka                             : 1 day

13.4.     Deepavali                                 : 1 day

13.5.     Christmas Day                          : 1 day

13.6.     New Year’s Day (Calendar)         : 1 day

Consideration will be given for the movement of containers with valuable

cargo on the above holidays depending on the degree of urgency.  Any

request for such movement should be made in advance i.e. not later than

Forty-Eight (48) working hours before the Carrier’s office closes for the holidays.

The charges to be imposed on such movement will be double the normal tariff.

For container movements during gazetted public holidays (as applicable to the

branch concerned) other than those stated above, a holiday charge of minimum

RM$50.00 per container will be applicable.  Any request for such movement

should be made in advance i.e. not later than Forty-Eight (48) working hours

before the Carrier’s office closes for the holidays.

14.0      IMPLEMENTATION AND MODIFICATION OF THE TARIFFS

The Carrier reserves the right to implement and/or modify the tariffs or part thereof.

These Tariffs supersede all previous Tariffs and circulars on tariffs issued by the individual Carriers.

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.

Container Liner

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Maersk Malaysia Sdn Bhd - Shah Alam - +60 3 56390588
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