Terms & Conditions

Kawan Hantar International Sdn Bhd Terms & Conditions for services and Claims

When using Kawan Hantar Intermational Sdn. Bhd services i.e. shipment, you (hereinafter refer to as “Sender”), are agreeing, on your behalf and on behalf of the receiver of the shipment (hereinafter refer to as “Receiver”) and anyone else with an interest in the shipment that these Terms and Conditions shall apply.

Such agreement from Sender’s on behalf of Receiver includes agreement express, implied or ostensibly obtained verbally or otherwise and made on behalf of Receiver.

We reserve the right to, including but not limited to amend, change, modify the contents of Terms and Conditions at our discretion from time to time. Amendments or any changes will be effective immediately upon the Terms and Conditions has been uploaded on this Web Site. Your continued use of the web site and/or Kawan Hantar services will represent an agreement by you to be bound by the terms and conditions as amended.

This terms and conditions shall be applicable for both domestic and international shipment, unless specifically stated otherwise.

1. Packaging Guideline

1.1) The Sender shall be responsible for the proper packaging of goods, labelling and intact packaging, in line with the safety requirements and in accordance with the courier standards to go through the transportation process to ensure the safety of goods.
1.2) Sender is solely responsible to ensure that proper packaging is used and that contents are adequately and securely packed, wrapped and cushioned for transportation.
1.3) The Sender shall, at Sender’s best endeavors, to follow these Basic Packaging Guidelines & Principles as follows:-
The Sender has the responsibility to understand and comprehend the importance to ensure parcel is able to withstand all transit activities including but not limited to movements, impacts, pressure, easy handling etc. The following serves as a minimal guide should the packaging be done at Sender’s end:-
A. Ensure appropriate material, quality, sizes of packaging used suitable for shipment carried, considering its nature, weight, sizes, shapes etc. Eg. Fragile items should be packed in boxes with solid in-fillers, documents should be packed in hard-cover paper enveloped etc.
B. A good packaging should be able to withstand 2 meters of free fall, and 30KG of pressure.
C. Ensure internal fillers are sufficient, proper layering, no space left, well organized, no shifting or movement of content in the packaging or impacts among contents in the packaging (if multiple contents, items should be wrapped individually in the parcel).
D. Ensure sharp or pointy items are properly wrapped, no exposure of sharp or pointy edges to avoid hurting our staffs or damaging other parcels. Sender is fully responsible of any medical or damage if such parcel causes injuries or damages.
E. Ensure high value items are tightly packed, sealed, unconcealable of internal content to outsiders and durable for transit.
F. Ensure all fragile items are well packed, sealed
G. Ensure parcels packed are clean, dry, odourless, oil-free, and contamination free. All parcels should be properly packed, no leakage, content exposure, tear, no re-use of used packaging materials etc.
H. Packaging of air-freight shipments should comply to IATA (International Air Transport Association) and ICAO (International Civil Aviation Organization) guidelines.
1.4) The use of Kawan Hantar-provided packaging (including but not limited to materials, supplies and assistance) is not a guarantee that an item is sufficiently packaged for transportation or exemption of Sender’s responsibility. Kawan Hantar will not be liable (for any breach of Condition 1 above) for direct or indirect losses on any damages or losses that are caused by packaging problems.
1.5) The Sender shall be responsible for all posted items, including but not limited to liquids, creams, lotions, or cosmetic that may be risk at rupture, as well as perishable food and/or other forms of food.

2. Declaration of Sender on the delivery / Content Statement.
2.1) Declaration of Sender are based on an utmost good faith basis.
2.2) Senders must reveal to Kawan Hantar all important information including but not limited to the actual value and description of package(s) and/or content(s).
2.3) Sender shall be responsible for the accuracy and completeness of the particulars and for ensuring that all shipments set out adequate contact details for the Sender and Receiver of the shipment and that they are so packed, marked and/or labelled, their contents so described and classified and are accompanied by such documentation as may (in each case) be necessary to make them suitable for transportation.
2.4) Kawan Hantar shall not be responsible for any claim or freight charges or any other costs for, including but not limited to, any false, misrepresentation, inconsistent, misleading, illegal, incomplete and/or complex statement.
2.5) Senders shall indemnify and hold Kawan Hantar harmless from any loss or damages arising out of Sender’s breach of Condition 2 above and free from any legal liability arising from Senders failures to comply with any applicable laws or regulations.

3. Important Documents Deliveries
3.1) Posting of original and/or official documents, including but not limited to the following important documents:
(a) MyKad; (b) Passport; (c) Birth certificate/marriage certificate; (d) Cheque book; (e) Quit rent & assessment; (f) Academic certificate; (g) Agreements and legal documents or other important documents will be delivered at risks borne solely by the senders.
3.2) The Sender shall not purchase insurance coverage for the delivery of important and/or original documents. In the event of accidental purchase of insurance coverage, be it due to Sender and/or Kawan Hantar mistake or misunderstanding, such coverage will be void ab initio and the insurance fee collected shall be refunded (without interest accrued)
3.3) Kawan Hantar shall not be liable in any manner whatsoever for the lost and/or damage of any original and/or official documents.

4. Fluctuating Priced and/or Non-Fixed priced Shipments
4.1) Kawan Hantar shall not be liable in any manner whatsoever for lost and/or damage for all Shipments containing item(s) that have fluctuating price tag and/or items with, including but not limited to, value of sentimental, artistic, antique or anything thing similar in nature such as heirlooms, paintings, drawing, antiques and jewellery.
4.2) For avoidance of doubt, items that are unable have a determined / conclusive price based on Kawan Hantar’s sole discretion are excluded and forms part of Condition 4.1 above.
4.3) The Sender shall not purchase insurance coverage for the delivery of items above. In the event of accidental purchase of insurance coverage, be it due to Sender and/or Kawan Hantar or misunderstanding, such coverage will be void ab initio and the insurance fee collected shall be refunded (without interest accrued).

5. Dangerous and Prohibited Items
5.1) Kawan Hantar disclaims the postage of any dangerous or restricted items or any items prohibited by Kawan Hantar or the relevant authorities. Please refer to www.kawanhantar.com for the list of dangerous and prohibited items (including but not limited to bodies or parts of bodies, bodies of animals or animals, drugs, weapons, ammunition, combustible items, high-value artworks, money, metals, high value jewelleries, religious related merchandise) before shipping.
5.2) Kawan Hantar reserves the right to refuse deliveries if it finds or discovers any dangerous or prohibited items in the contents of the package(s) and/or part of it.
5.3) Once Kawan Hantar has discovered any odour items, perishable items, prohibited items and/or dangerous goods in the shipment(s), which makes it impossible to fulfil the conditions of transit, Kawan Hantar will evaluate the items’ condition and shall retain the right to dispose it accordingly without further reference to the Sender and the Receiver.
5.4) Kawan Hantar is not liable in any way whatsoever for any direct and/or consequential claims in damages, lost and/or delay of shipment if the item is deferred, detained, withheld, returned to sender, or was not processed because it contains or consists of dangerous goods or prohibited postings, regardless of whether the item was intentionally or unintentionally sent by the sender or received by Kawan Hantar.
5.5) Kawan Hantar reserves the right to amend or change the classes of goods or items which are categorised as Dangerous Goods or Prohibited Items at any time without prior notice.
5.6) The Sender shall not purchase insurance coverage for the delivery of items above. In the event of accidental purchase of insurance coverage, be it due to Sender and/or Kawan Hantar mistake or misunderstanding, such coverage will be void ab initio and the insurance fee collected shall be deemed invalid (without interest accrued).

6. Restricted or Controlled Delivery Items
6.1) Sender is responsible to ensure all the necessary or required approvals, licenses, permissions and clearances have been obtained from all relevant authorities and the posting of restricted or controlled items have been declared and accompanied with all original supporting documents evidencing the said approval, permission and clearance (Example: Declaration Form for dangerous goods and prohibited items).
6.2) The Sender is responsible to ensure that the posting is accompanied with complete supporting documents. Duty rest solely on the Sender where Sender shall provide required documentation for customs clearance. By providing required documentation, the Sender certifies that all statements and information relating to exportation and importation are true and correct. Kawan Hantar is not responsible for any direct or indirect costs occurred due to Sender’s negligence if due to incomplete documents.
6.3) Sender understands that Kawan Hantar is subjected to security screening and clearing procedures by the local airport police and relevant authorities in accordance with local law, and that civil and criminal penalties, including forfeiture and sale, may be imposed for making false or fraudulent statements or consigning explosives or explosive devices without lawful authority. If any penalty, fine or compound is imposed, Sender shall be fully responsible for all the costs incurred. Sender shall indemnify and hold Kawan Hantar harmless from and against all liabilities, cost, charges or legal actions as a result of the Sender’s non-compliance with this Clause.
6.4) Kawan Hantar does not provide a protective service for the transportation of perishable commodities or commodities requiring protection from heat or cold. Such commodities susceptible to change of temperature will be accepted for transportation solely at the Sender risk for any damage arising from the transportation.
6.5) Kawan Hantar shall not be liable for any direct or indirect costs and/or damages or lost on the aforesaid items if the appearance/ surface of the package or label is not damaged.
6.6) Kawan Hantar is not responsible for any costs of posting, direct or indirect spoilage, metamorphism, go bad, perished, damages, partial lost, regardless of whether the item was sent by the Sender, accepted or received by Kawan Hantar, intentionally or unintentionally. Kawan Hantar shall only be liable for total lost of the parcel if such lost was caused by the Company upon proven. The compensation amount shall be based on the terms as stipulated in Clause 17- Limited Liability.
6.7) The Sender shall not purchase insurance coverage for the delivery of items or items similar in nature above. In the event of accidental purchase of insurance coverage, be it due to Sender and/or Kawan Hantar mistake or misunderstanding, such coverage will be void ab initio and the insurance fee collected shall be refunded (without interest accrued).

7. Sender's Responsibility / Counterfeit or Stolen or illegal Goods
7.1) The sender is also responsible for posting of any fraudulent, imitation, counterfeit, stolen, pilferage or illegal goods including but not limited to phones, watches, branded items, jewelleries or other items sent.
7.2) Kawan Hantar is not responsible or being part of this fraudulent/scam/illegal/criminal activities any costs of posting, direct or indirect damages or lost on the aforesaid items, regardless of whether the item was sent by the sender or received by Kawan Hantar, intentionally or unintentionally.
7.3) If upon proven, the goods which is delivered consists of the nature as what has been stipulated in Clause 7.1, Kawan Hantar shall cooperate with the government or other related agency to provide necessary information and co-operation in investigations and not be liable for any direct or indirect costs and/or damages or lost on the aforesaid items. Sender will be blacklisted or blocked from any claims/opening of merchant account/transactions with company etc.
7.4) The Sender shall not purchase insurance coverage for the delivery of such items or items similar in nature above. In the event of accidental purchase of insurance coverage, be it due to Sender and/or Kawan Hantar mistake or misunderstanding, such coverage will be void ab initio and the insurance fee collected shall be deemed invalid (without interest accrued).

8. Delivery
8.1) Provided that the Receiver’s address is complete and accurate, Kawan Hantar will ensure the item is delivered in accordance with the delivery time efficiency standard.
8.2) Kawan Hantar is only responsible for delivery to the recipient's address written on the waybill.
8.3) Once the Receiver has no further objection upon receiving of item, the item is considered successfully delivered and Kawan Hantar is considered released from the obligation and shall not be responsible for any loss and/or damages afterwards.
8.4) In the event if the Receiver is not in the premise to receive the delivered item upon courier arrives, the item will be kept at Kawan Hantar branch for a certain period determined by Kawan Hantar. More details can be referred to our website www.kawanhantar.com. The period to keep the unclaimed item is deemed as storage period. Kawan Hantar will make two (2) attempts to deliver the said item to recipient or recipient may collect the item from Kawan Hantar branch within storage period. The item will be returned to the Sender after storage period. Any costs of direct or indirect damages or lost to the item or its contents arising during storage period is not the responsibility of Kawan Hantar.

9. Refusal and Suspension of Service
9.1) In the event Kawan Hantar is made aware that any shipment does not meet any of the listed restrictions or conditions, Kawan Hantar reserve the right to refuse shipment and if the said shipment is in progress Kawan Hantar may suspend and hold the shipment.
9.2) Kawan Hantar also reserves the right to refuse to provide service, among other reasons, for any shipment which by reason of the character of its contents may, in the sole discretion of Kawan Hantar, soil, taint, or otherwise damage to the other shipments or to Kawan Hantar own equipment or assets, or which is improperly or insecurely packed or wrapped.
9.3) Kawan Hantar reserves the right either to refuse to provide service for any shipment to or from any location, or to provide alternative service arrangements, when, among other reasons, Kawan Hantar, in its sole discretion, deems that it is unsafe or economically or operationally impracticable to provide service.
9.4) Kawan Hantar also reserves the right to suspend transportation of any shipment if:-
a. shipment and/or its content or part of the content are found not to be acceptable for transportation for any reason whatsoever
b. if Kawan Hantar cannot effect delivery at the third attempt to do so
c. if the receiver refuses to accept delivery
d. if it cannot collect amounts due from the receiver on delivery
9.5) The sender shall bear the payment of all charges, calculated in accordance with the then current Kawan Hantar rates, caused by such suspension of transportation, including, but not limited to, forwarding, disposal, or return of transportation charges as well as any duty or tax, if applicable.
9.6) Sender shall be responsible for the reasonable costs and expenses of Kawan Hantar (including storage), for such losses, taxes and customs duties as Kawan Hantar may suffer and for all claims made against Kawan Hantar because a shipment does not meet any of the restrictions or conditions listed herein or because of any refusal or suspension of carriage or return of a shipment by Kawan Hantar pursuant to these terms.
9.7) Kawan Hantar will not be liable or responsible for the loss of or damage to any shipment, the contents of which Kawan Hantar is not authorised to accept, which Kawan Hantar states it will not accept, or which Kawan Hantar has a right to refuse.
9.8) Pursuant to Condition 9.7, in the event Kawan Hantar suspends service as set forth in these terms, the payer of any transportation charges shall not be entitled to a refund.

10. Interruption of Service due to external factors
10.1) If Kawan Hantar is unable to start or continue with delivery of the Sender’s shipment for a reason beyond its control, the Sender will not be able to claim that Kawan Hantar is in breach of its agreement with the sender but Kawan Hantar will take reasonable steps that are reasonably practicable in the circumstances to commence or continue the delivery.
10.2) Kawan Hantar shall not be liable for any interruption of service due to causes beyond Kawan Hantar control including, but not limited to:
a. the unavailability or refusal of a person to accept delivery of the shipment,
b. disease, outbreak, global health emergency, or pandemic,
c. acts of God,
d. natural disasters,
e. war risks,
f. acts of terrorism,
g. acts of public authorities acting with actual or apparent authority,
h. acts or omissions of customs or similar authorities, authority of law,
i. insufficient information provided by a customer,
j. the application of security regulations imposed by the government or otherwise applicable to the shipment,
k. riots,
l. a government agency hold, strikes or other labor disputes,
m. civil unrest,
n. disruptions of any kind in national or local air or ground transportation networks (including, but not limited to, Kawan Hantar transportation network),
o. disruption or failure of communication and information systems,
p. adverse weather conditions
q. A fire or robbery occurred at the Kawan Hantar office premises, although the company has taken appropriate safety control measures.
r. Online scam and/or any other scamming or deceiving activities conducted where Kawan Hantar is used to provide delivery service.
10.3) In the event any of the factors occur, Kawan Hantar will be exempted from any delay claims, direct or indirect costs due to delays, or postponement of delivery.

11. Liability Exemptions
Kawan Hantar shall not be liable for any of the following events, but not limited to: any form of indirect loss, consequential damages, other indirect costs, loss of contract opportunities, opportunity costs, loss of profits or income or cost incurred by delays, regardless of whether Kawan Hantar has been advised of the possibility of such damages.

12. Claims
12.1) Claim on damage/lost to the parcel or its content can only be claimed by the Sender or the representative of the Sender who has been authorised in writing by the Sender. The claim request together with required physical and effective proof and any other necessary documents for damages or lost must be completely filled up and submitted within 48 hours upon receiving of the items. The required documents include but not limited to (a) claim request form (b) Copy of bank account statement (c) Copy of the consignment bill (d) Original tax invoice from Supplier to verify actual price of the content (e) Tax invoice of consignment bill (if have) (f) Copy Identity card of applicant which has been certified true copy or a copy of business registration certificate (SSM) if the claimant is a business entity (g) Insurance claim form and documents required by insurance company (for insured items) (h) declaration form (only applicable for international shipment) (i) Any other required supporting documents, and submitted to the nearest Kawan Hantar branch.
12.2) Notwithstanding the claims’ documents listed in Condition 16.1, the list is non-exhaustive and Kawan Hantar reserve the right to obtain further documents to facilitate the investigation of the claim request.
12.3) Non-cooperation by the Sender such as incomplete submission of documents, breach of the 48hours deadline, non-respond from Sender shall be deemed prejudicial Kawan Hantar and Kawan Hantar reserve the rights to reject the claim request.
12.4) Kawan Hantar reserves the right to refuse any claim if the complainant is unable to verify or unable to provide sufficient evidence that the damage/lost occurred under Kawan Hantar 's control.
12.5) The compensation/claim is only limited to Condition 13.
12.6) Insured items will only be able to claim insurance with completely comply to terms and conditions of insurance company as well as those listed herein.
12.7) 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.

13. Limited Liability
13.1) For domestic and non-insured shipments, Kawan Hantar shall only be liable for the direct losses for damaged or lost items, but is limited to the following :
A. The actual amount of loss or damage based on the actual value/costs of the contents as stated on purchase invoice of damaged or lost items or a maximum of RM100.00 for domestic shipments, whichever is lower, for each consignment note with contents weighing 2.0 kg and below;
B. The actual amount of loss or damages is based on the actual value/costs of the content as stated on purchase invoice of damaged or lost items or a maximum of RM300.00 for domestic shipments, whichever is lower, for each consignment note with contents weighing 2.01 kg or above;
13.2) For international shipment, the actual amount of loss or damages is based on the actual value/costs of the content as stated on purchase invoice of damaged or lost items or a maximum of RM400.00 for each international shipment, whichever is lower.
13.3) For domestic shipment, the amount of the compensation value for second-hand item and/or used goods shall be based on the lowest price in the market value, or a maximum of RM100 for domestic shipments, whichever is lower, for each consignment note with contents weighing 2.0 kg and below; whilst for each consignment note with contents weighing 2.01 kg and above, the amount of the compensation value for second-hand item and/or used goods shall be based on the lowest price in the market value, or a maximum of RM300.00 for domestic shipments, whichever is lower.
13.4) For international shipment, the amount of the compensation value for second-hand item and/or used goods shall be based on the lowest price in the market value, or a maximum of RM400.00 for each international shipment, whichever is lower.
13.5) The Sender has to insure their item with insurance if the total value of item exceeded the limit of compensation covered by Kawan Hantar. The Sender shall proceed their claim through insurance if they have insured their items and the above clause 13.1(A) and (B) shall not be applicable for insured items.
13.6) If the parcel is partially lost, or partially damage, then it will be compensated based on the level of damage or lost. If the partially lost or damaged parcel can be properly functioned upon repair, then it will be compensated based on the repair value, or the actual value of the parcel, whichever is lower.
13.7) Sender undertakes that Sender will not seek to recover and shall not be entitled to recover from Kawan Hantar or to be indemnified by Kawan Hantar in respect of any direct, indirect or consequential loss or damage or against any claims, proceedings, costs, demands, liabilities and expenses whatsoever sustained, incurred or paid by you in respect of any use of Kawan Hantar service.

18. Governing law
This Terms and Conditions shall be governed by the law of the country of origin of the Shipment and Sender shall irrevocably submits to such jurisdiction, unless contrary to applicable law.

19. Severability
If one of the above terms and condition is void, it does not preclude the other terms which contained in this terms and condition to be void. All the rules are subjected to the subject matter of the above terms and condition. Kawan Hantar reserves the rights to use the regulation and general terms and conditions which have been approved by Kawan Hantar even though it is not specified in this terms and condition. Please visit www.kawanhantar.com for additional details of the terms and conditions.

Important Notes:
The following notes forms part of this Terms and Conditions:-
1. The delivery status can be tracked and traced via www.kawanhantar.com and/or by contacting the hotline number: 011-13329001. Any inquiries regarding the delivered items must be made within thirty (30) days from the date of delivery.
2. Unless qualified above mentioned terms and conditions, Kawan Hantar is not obligating to any lawsuit and any other legal proceedings.
3. The customer is deemed to acknowledge and agreed to accept above mentioned terms and conditions upon he/she is using delivery services provided by Kawan Hantar.
4. Any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. We expressly disclaim and exclude all warranties including but not limited to the implied warranties or merchantability or fitness for a particular purpose. Any use of this web site and its content is at your sole risk. We shall in no event be liable to you or any person claiming through you for any direct, indirect, consequential, incidental or other damages for any errors in or the use or of inability to use this web site including without limitation, damages for lost profits, business, data or damage to any computer systems.
5. You shall also abide by the terms and conditions in the Consignment notes issued by Kawan Hantar or its authorized carriers in respect of the express delivery and courier services and also by any other agreement between you and Kawan Hantar or its authorized carriers


Disclaimer
This disclaimer, set out in these terms and conditions, does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Last modified date: 16 January 2021