Terms and Conditions of Carriage
the following words and expression shall have the meaning assigned to them unless the context otherwise requires:
“KEX” or “Service Provider” means Kerry Express (Thailand) Public Company Limited., its employees, sub-contractors, and agents;
“Customer” or “Client” means the Shipper or Consignor;
"Shipper" or "Consignor" means the person named as the Shipper in the Consignment Note;
“Sender” means to the person who passes the Shipment to KEX. Sender may not be necessarily the shipper;
“Consignee” means the person named as the consignee in the Consignment Note;
“Receiver” means to the person or party who receives the shipment. The Receiver can be the consignee self, another person available at the consignee’s address or available at management/juristic office of the consignee’s address;
“Shipment” means all packages or parcels tendered to and accepted by KEX for carriage under a single Consignment Note;
“Consignment Note” means any paperwork or equivalent document in paper or electronic form concerning the Shipment;
“Terms and Conditions” means these standard terms and conditions, as may be amended or supplemented by KEX from time to time, whether they are provided in these terms and conditions or other documents;
“Working Day” means Monday to Saturday, excluding National Holidays in the Kingdom of Thailand. Nevertheless, if such National Holiday is on Monday as a substitution of another National Holiday falling on previous Saturday, it is considered as a Working Day;
“Services” means the services to be provided by KEX to the Customer as set out in these Terms and Conditions.
Acceptance of our Terms and Conditions
KEX is an express courier Services Provider in Thailand which offers parcels collection, packaging and express shipping services and other shipments in Thailand under the name of “Kerry Express”;
The Customer hereby engage KEX and KEX desires to accept such engagement as its non-exclusive express delivery services provider in Thailand (as defined below) under the Terms and Conditions stipulated hereunder.
The following items are unacceptable for Shipment and the Customer agrees not to tender any of the following items for Shipment:
Illegal or prohibited items under applicable laws and regulations;
Dangerous goods including hazardous or toxic goods, explosives, weapons or guns;
Used vehicle batteries
Any kinds of tobacco, e-cigarette and its related products;
Any alcoholic beverages;
Money and negotiable instruments equivalent to cash such as stocks and bonds;
Credit cards, debit cards or cash cards;
Personal documents issued by government authorities such as identification cards, passports, driving licenses, etc.;
All types of Letters and postcards;
Bullions, loose precious/semi-precious metals or stones;
Collectible items such as antique, artwork;
Human or animal remains, body parts or organs;
Shipments without proper or adequate packaging;
Shipments that may cause delay or damage to other shipments, equipment, or personnel.
Shipments with the sum of length, width and height more than 280 cm or heavier than 30 kg;
Shipments that require us to obtain any special license or permit for transportation, importation or exportation.
- Notwithstanding any other provisions herein, KEX shall not be liable to any loss, damage or delayed delivery to any items listed in Section 3.1.
- The Customer shall indemnify KEX for any and all claims, costs, and expenses incurred by KEX as a result of the Customer’s violation of any laws and regulations or from tendering of any items listed in Section 3.1.
Shipments not under Claim
The following items may be accepted by KEX under certain conditions; however their claim conditions vary from the normal one:
Dried food, candies, chocolate;
Perishable food with proper packaging;
Voucher, coupon, gift card;
Any liquid products, e.g., water, oil, cream, serum, gel, etc.;
Brand-new car/motorcycle batteries;
Plant and Tree.
Shipper’s Warranties and Indemnities
The Shipper shall indemnify and hold KEX harmless for any loss or damage arising out of the Shipper’s failure to comply with the following warranties:
The Shipment does not contain any item listed in Section 3.1;
All information provided by the Shipper or its representatives is accurate and complete;
The Shipper has complied with all applicable customs, import, export and other laws and regulations;
The Shipment is suitably and adequately packed to protect against damage during the course of delivery.
The Shipper shall be aware of that, in case of any loss or damage, claim request may not be accepted if the Shipment is an item listed in Section 4.
The Shipper shall provide correct information required in the Consignment note, including without limitation:
Shipper’s name, address (including postal code), and contact number;
Consignee’s name, address (including postal code), and contact number;
Information of the shipment, e.g., number of packages, declared value, amount of Cash-On-Delivery (COD), if any;
Service type; and
Other special instructions (if any).
For security reason, the Sender is required to provide personal identity document (e.g., Thai ID Card, Passport) to KEX for record.
Delivery of Shipment
The delivery is deemed to be completed when the Shipment is delivered to the Consignee’s address specified in the Consignment Note, but not necessarily to the named Consignee personally.
Shipments cannot be delivered to PO boxes or postal codes.
If the Consignee is not available at the address, KEX may deliver the Shipment to any person available at the Consignee’s address (e.g., co-workers, family members, etc.). Shipments to addresses with a central receiving area may be delivered to that area, for instance, juristic office, management office, reception of the consignee’s address. For the safety of the Shipment, KEX will not deliver a Shipment to a location without any Receiver, even upon request of Shipper and/or Consignee.
KEX will not deliver the Shipment to an address different from the Consignee’s address specified in the Consignment Note unless with the instruction from the Shipper. Consignee shall contact Shipper for such request.
Proof of Delivery
Signature from the Consignee will be required as a proof of delivery.
In case the Receiver is not the Consignee, KEX will use reasonable endeavors to ascertain the identity of the Receiver. The Receiver’s own signature will be required as the proof of delivery.
Under special circumstances where signature cannot be obtained, there will be a remark by KEX. Signature may not be obtained for various reasons, including but not limited to, physical inability of the Receiver.
Unsuccessful delivery may occur due to various reasons such as:
The Consignee refuses to take delivery or pay COD;
The Consignee cannot be reasonably identified or located;
No appropriate person is present at the Consignee’s address to take delivery;
The Shipment is pending for action from the Consignee (e.g., return call to confirm delivery, pick up Shipment at our service point, delivery postponed, etc.).
- Upon the estimated delivery date, in case of unsuccessful delivery on the first attempt, KEX will attempt to re-deliver the Shipment in two (2) other Working Days within the next seven (7) Working Days without additional charge (i.e., a maximum of 3 delivery attempts will be made). If the Shipper has chosen to opt out of the “Saturday Delivery” service, Saturdays will be excluded while calculating Working Day under this Section.
- If KEX believes that the Consignee’s information provided by the Shipper is inaccurate or incomplete, KEX will put the Shipment on hold and seek the Shipper’s further instructions.
A ‘Delayed Delivery’ refers to a completed delivery which is beyond the estimated delivery date. Estimated delivery dates provided are estimates only and are not guaranteed.
While KEX will make reasonable efforts to deliver the Shipment according to our delivery schedule, time shall not be of the essence in respect of the delivery of Shipment and KEX shall not be liable to any direct or indirect damages or losses caused by delays in delivery.
Undeliverable Shipment and Return of Shipment
A Shipment is considered as “undeliverable” in certain circumstances, for instance:
All attempts of re-delivery are unsuccessful;
Shipment cannot be delivered successfully within seven (7) Working Days upon estimated delivery date;
Shipper fails to provide further instruction upon our request; or
Shipper requests to cancel the delivery and/or return the Shipment for any reason.
Undeliverable shipment will be returned to the Shipper at the Shipper’s cost, failing which the Shipment may be released, disposed of or sold by KEX without incurring any liability to the Shipper or anyone else, with the proceeds applied against service charges and administrative costs and the balance of the sales proceeds to be returned to the Shipper (if any).
All delivery fee and other charges paid for the Shipment are non-refundable.
- The Shipment may either be delivered to the Shipper’s address directly, or to one of KEX’s service points designated by the Shipper for Shipper’s collection.
If the returned Shipment will be delivered the Shipper’s address, the provisions under Sections 6 to 9 shall apply.
If the returned Shipment will be collected at the Shipper’s designated service point, KEX will contact the Shipper on the day of its arrival and the Shipper shall collect such Shipment within seven (7) Working days, failing which the Shipment may be released, disposed of or sold by KEX without incurring any liability to the Shipper or anyone else without further notice, with the proceeds applied against service charges and administrative costs and the balance of the sales proceeds to be returned to the Shipper (if any).
Delivery Fee and other Charges
The chargeable weight shall be the actual weight or the volume weight whichever is higher, therefore, the freight is charged by either volume or weight.
Charge by Volume: When the volume weight is higher than the actual weight, the freight will be charged by the volume weight.
Charge by Weight: When the actual weight is higher than the volume weight, the freight will be charged by the actual weight.
Other charges, e.g., pick-up surcharge, COD surcharge, extra care service fees, return surcharge, special express service surcharge, etc., may also apply to the Customer’s Shipment. All charges are subject to change without prior notice.
Cash-on-Delivery (COD) Service and COD Surcharge
If COD Service is selected, Shipper is required to pay a COD surcharge. The maximum of COD amount is 50,000 Thai Baht per Consignment Note.
Performance of the COD service does not make us the agent of the Shipper nor create any obligation upon us to the Consignee.
The Shipper assumes all risk related to the collection of the payment, including non-payment, insufficient funds, and forgery.
Address Corrections and Re-routing
If Shipper fails to provide a complete or correct Consignee’s address, KEX may attempt to find the correct address and deliver the Shipment. Should it be unsuccessful, KEX will attempt to contact the Shipper for instructions. If re-routing is required after the correct address is provided by the Shipper, extra surcharge may incur.
If the Consignee requests for change of delivery address, Consignee shall contact the Shipper who shall give KEX instructions for re-routing.
All re-routings are subject to payment of surcharges.
Right to Inspect
KEX reserves the right to open and inspect a Shipment without notice to the Customer for safety, security, customs, or regulatory reasons.
Likewise, there are occasions when government officials may be required to open and inspect certain Shipments. KEX needs to fully comply with such instructions. Prior notice to the Shipper or Consignee is not necessary.
KEX’s liability in respect of any Shipment is limited to direct loss and damage and a maximum of 2,000 Thai Baht per Consignment Note unless otherwise stated in any mutual written agreement between the Shipper and KEX.
KEX shall not under any circumstances be liable for:
Any loss or damage for any Shipment containing items listed in Section 3.1;
Any loss or damage arising from delayed delivery of any Shipment;
Any loss or damage of any Shipment due to circumstances beyond KEX’s control (see Section 16); or
Any indirect or consequential loss or damage.
Circumstances beyond KEX's Control
We are not liable for any loss or damage arising out of circumstances beyond KEX’s control. These include but are not limited to:
Damage of data due to magnetic effects of other Shipments;
Any act or omission by a person not employed or contracted with KEX, e.g., Shipper, Consignee, third party, customs or other government official;
Force Majeure, e.g., war (declared or undeclared), coups, rebellions, revolts, terrorism, hostage-taking, bombings, or use of war weapons, or any reaction thereto, including commandeering of materials, workforce strike action, Act of God (such as floods, earthquakes, storms, etc.).
Filing a Claim
If the Customer wishes to claim for damage or partial loss of Shipment, Customer must submit the claim in writing to KEX within fourteen (14) calendar days upon delivery.
If the Customer wishes to claim for a total loss of Shipment, Customer must submit the claim in writing to KEX within fourteen (14) calendar days upon our lost confirmation.
Claims are limited to one claim per Consignment Note.
The Customer is required to submit the following documents to proceed with the claim:
Completed Claim Form (click);
A copy of Thai ID card (for Thai citizen) or passport (for non-Thai citizen);
Proof-of-value document(s), e.g., receipt, invoice, bank transaction record together with advertisement on websites, etc.;
(if claiming on behalf of the company) A copy of your company registration;
(if claiming for damaged Shipment) Images of the damaged shipments, including its material and way of packaging.
KEX will not act on any claim until the Customer has paid all transportation charges, and the Customer may not deduct the amount of the claim from those charges.
KEX reserves the right to recall the damaged Shipment from the Customer as a condition of compensation.
Governing LawThe Terms and Conditions and the rights and obligations of the parties shall be governed and construed in accordance with by the laws of Thailand.
Note: As large-sized or irregularly-shaped shipments usually take more space than normal shipments, therefore additional input of manpower and resources would be required for the sake of shipping safety, hence resulting in higher operating cost as compared with normal shipments. Considering the above and the general industry rules, the chargeable weight will be the volume weight or the actual weight whichever is larger.