1. Standard terms and conditions of carriage for shipments

[1] When using SHIPRACER’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 SHIPRACER and the Shipper or SHIPRACER and the Receiver regarding the transport and delivery of Shipments and any possible ancillary related services, unless otherwise agreed in writing by SHIPRACER.

[2] As a part of the E-Commerce Related Services, SHIPRACER may provide links to websites operated by third parties. SHIPRACER 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 SHIPRACER directly upon request. The Shipper’s or the Receiver's continued use of SHIPRACER’s services including but not limited to transport and delivery of Shipments, any or all services or of any SHIPRACER 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 SHIPRACER 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 “SHIPRACER” or “Receiver” and “SHIPRACER”).

3. Agreements and Services

[1] Contracts regarding transport and delivery of Shipments are concluded between the Shipper and SHIPRACER or the Receiver and SHIPRACER, 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] SHIPRACER accepts Shipments for transport and delivery from the Shipper at the sites of SHIPRACER, 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] SHIPRACER 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. SHIPRACER 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 SHIPRACER.

4. Shipments

[1] SHIPRACER 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 SHIPRACER, the Shipper or the Receiver shall indemnify SHIPRACER 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 SHIPRACER for its own conduct and that of its agents or subcontractors remains unaffected.

[3] The Shipper or the Receiver undertakes to indemnify SHIPRACER promptly upon first demand against any loss or damages arising out of any alleged third-party claims and any other loss or damage that SHIPRACER 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 SHIPRACER 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, SHIPRACER 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.

SHIPRACER 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 SHIPRACER’s request to supply information.

[5] SHIPRACER is not obliged to check whether a Shipment contains Prohibited Goods. However, SHIPRACER 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, SHIPRACER has the right to open and inspect a Shipment without notice for security or customs or other valid reasons. Further, SHIPRACER 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, SHIPRACER 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] SHIPRACER 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 SHIPRACER 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 SHIPRACER 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 SHIPRACER’s requirements shall be attached to such Shipment. The Shipper or the Receiver shall use best efforts to assist SHIPRACER 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, SHIPRACER 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 SHIPRACER 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), SHIPRACER 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 SHIPRACER 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 SHIPRACER.

[4] In case of non-payment by the Shipper or the Receiver of any outstanding amount, SHIPRACER 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, SHIPRACER 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] SHIPRACER 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 SHIPRACER to confirm this calculation. This is referred to as “chargeable weight” and may be billed on a separate invoice.

  8. Liability

[1] SHIPRACER’s liability for any and all services is strictly limited to only direct loss and damage to a Shipment which is caused by the fulfilShipracernt handled by SHIPRACER 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 SHIPRACER’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 SHIPRACER within the timeframes set out below, failing which SHIPRACER shall have no liability whatsoever:

1. 1. For all Shipments, all claims must be submitted in writing to SHIPRACER within thirty (30) days from the date that SHIPRACER 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 SHIPRACER has no liability on it at all. All of the original shipping cartons, packing and contents must be made available for SHIPRACER’s inspection and retained until the claim is concluded. SHIPRACER 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 SHIPRACER 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. 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. 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. 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 SHIPRACER 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] SHIPRACER is entitled to inspect Shipments and, in particular, is entitled to access any data or information contained in any electronic storage medium and SHIPRACER shall not be responsible for any delay or damage caused as a result of that inspection provided that SHIPRACER 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 SHIPRACER by the Shipper or the Receiver on request.

[5] The Shipper or the Receiver shall indemnify SHIPRACER against all loss, damage, fines and expenses whatsoever, including but not limited to exposure of SHIPRACER, 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 SHIPRACER is not responsible.

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

1. 1. SHIPRACER may refuse to carry Shipments or alternatively SHIPRACER 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 SHIPRACER of all of its obligations in respect of that Shipment;
2. 2. The Shipper or the Receiver shall indemnify SHIPRACER against any additional expense so incurred;
3. 3. The Shipper or the Receiver shall indemnify SHIPRACER against any and all claims whatsoever brought by any third party in respect of the Shipments; and
4. 4. SHIPRACER 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. SHIPRACER is not liable for any damages or loss caused by delay.

11. Force Majeure

SHIPRACER is not liable for any loss or damage arising out of circumstances beyond SHIPRACER’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 SHIPRACER; any act or omission by a person not employed or contracted by SHIPRACER, 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 SHIPRACER from liability for loss or damage resulting from Shipper’s or Receiver's failure to comply with the following warranties and representations:

1. 1. All documents and information provided by the Shipper, the Receiver or its representatives are complete and accurate;
2. 2. The Shipment is acceptable for transport under Section 4 above;
3. 3. The Shipment was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation to SHIPRACER;
4. 4. The Shipment is correctly labeled, addressed and packaged so as to ensure safe transportation with ordinary care in handling;
5. 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. 6. The Shipper has obtained all necessary consents to provide SHIPRACER 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.

Appendix - General Liability

SHIPRACER's liability for carriage is limited in accordance with its terms and conditions.

General Liability is covered for loss and physical damaged items in transit worldwide, but not includes political, terrorist, nuclear, weather problems and war risks or on the advice of government officials. The major exclusions are:

• ordinary leakage, loss in weight or volume, or wear and tear of the shipment
• loss, damage or expense caused by insufficiency or unsuitability of packing or preparation of the shipment
• loss, damage or expense caused by inherent vice or nature of the shipment
• loss, damage or expense attributable to the willful misconduct by the customer or its agents
• loss, damage or expense caused by delay
• loss, damage or expense arising from the use of any atomic or nuclear weapon or radioactivity
• consequential losses, loss of profit or interest, any indirect losses

The following countries are excluded:

• Cuba / Iran / North Korea / Myanmar / Sudan / Syria

For Claims Procedures, please refer to Claims Submission Guideline.