ATTENTION: THE CUSTOMER’S ATTENTION IS DRAWN TO SPECIFIC CLAUSES HEREIN WHICH EXCLUDE AND/OR LIMIT THE COMPANY’S LIABILITY AND THOSE WHICH REQUIRE THE CUSTOMER TO INDEMNIFY THE COMPANY.
1. Definitions and Application
1.1. Definitions:
Company: Thai Nexus Point Co., Ltd., performing services including air freight forwarding, customs clearance, and handling.
Customer/Shipper: Any person or entity requesting the Company’s services.
Goods: The cargo, packages, or freight, including their containers or transport units, entrusted to the Company.
Services: Any service performed by the Company, primarily air freight and related logistics.
Transport Document: The Air Waybill issued by the Company.
Premium Insurance: The optional insurance policy provided by the Company (or its insurer) at a premium of 3.5% of the declared Goods value.
1.2. Application of Conditions:
All Services rendered by the Company are subject only to these Standard Trading Conditions (STC).
The placement of a shipping order or the acceptance of the Air Waybill by the Customer constitutes express acceptance of these STC.
These STC are readily available on the Company’s website: thainexus.co.th.
2. Customer Warranties and Obligations (No Change)
2.1. Fitness of Goods: The Customer warrants that all Goods are fit for carriage and storage, properly and securely packed, and accurately marked for identification.
2.2. Documentation: The Customer must provide all necessary information, documents (commercial invoice, packing list, customs declarations), and permits required for lawful, safe, and efficient carriage of the Goods.
2.3. Dangerous Goods: The Customer shall not deliver, or cause the Company to deal with, Goods that are hazardous or dangerous without prior express written agreement by the Company.
2.4. Indemnity: The Customer shall defend, indemnify, and hold harmless the Company against all liabilities, losses, damages, costs, and expenses arising from the Customer’s breach of these warranties or non-compliance with applicable laws.
3. Payment and Lien (No Change)
3.1. Payment Terms: All charges, freight, duties, taxes, and expenses shall be paid by the Customer to the Company within seven (7) days of the invoice date or as otherwise agreed.
3.2. Lien: The Company shall have a general and continuing Lien (right to detain) on all Goods and related documents in its possession for all sums due from the Customer.
3.3. Sale of Goods: If any amounts due are not paid within thirty (30) days after notice, the Company shall be entitled to sell or dispose of the Goods at the Customer’s expense and apply the proceeds towards the outstanding debt.
4. Compensation and Limitation of Liability Policy
(This section implements the new THB 1,000 liability limit and links compensation directly to insurance purchase.)
4.1. General Basis of Liability:
The Company is only liable for physical loss or damage to the Goods arising from the proven fault or negligence of the Company or its direct servants, up to the limits set out below.
4.2. Standard Limitation of Liability (Applicable without Premium Insurance):
If the Customer does not purchase the Company’s Premium Insurance for the shipment, the Company’s maximum liability for any single shipment, regardless of the number of packages, weight, or cause of loss or damage, shall be strictly limited to:
This limit applies even if the actual commercial value of the Goods is substantially higher. This liability limit applies irrespective of any mandatory international conventions (such as the Montreal Convention) which may otherwise apply, unless such conventions expressly prohibit contracting out of the liability limits.
4.3. Liability with Premium Insurance:
If the Customer purchases the Company’s Premium Insurance for the shipment (as per Clause 5.2), the Company’s liability for loss or damage to the Goods shall be covered up to the declared commercial value of the Goods, subject to the specific terms and conditions of the insurance policy provided at the time of purchase.
4.4. Exclusion of Consequential Loss and Delay:
The Company shall NOT be liable for any indirect, special, or consequential loss or damage, including but not limited to loss of profit, loss of market, or financial penalties resulting from loss, damage, or delay, whether arising from the Company’s negligence or otherwise.
4.5. Exclusions from Liability (Causes Beyond Control):
The Company shall have NO LIABILITY whatsoever for loss or damage arising from causes that, even with the application of due care, were not reasonably preventable, including:
Act of God (e.g., major natural disasters).
Act of war, acts of public enemies, riots, or civil commotions.
Strikes, lockouts, or labour disturbances.
Inherent vice (natural deterioration or defect) of the Goods.
Insufficient or defective packing or marking by the Customer/Shipper.
Failure of the Goods to withstand the ordinary risks of air transport.
5. Insurance (The Premium Service)
5.1. Standard Risk: The Customer acknowledges that, without purchasing the Premium Insurance, their maximum compensation for loss or damage is limited to THB 1,000 (Clause 4.2). The Customer is solely responsible for obtaining any other necessary insurance coverage.
5.2. Premium Insurance:
The Company offers an optional Premium Insurance policy to cover the full commercial value of the Goods.
The premium for this service is 3.5% of the declared commercial value of the Goods.
The Customer must declare the exact commercial value and pay the insurance premium in full prior to the commencement of the Services to activate this coverage.
Purchase of this insurance overrides the THB 1,000 standard liability limit.
6. Claims Procedure and Time Bar
6.1. Notice: The Customer must give written notice of loss or damage to the Company:
Visible Damage/Loss: Immediately upon taking delivery.
Concealed Damage/Loss: Within seven (7) days of taking delivery.
Non-Delivery/Delay: Within twenty-one (21) days of the date the Goods were or should have been delivered.
6.2. Legal Action (Time Bar): The Company shall be discharged from all liability whatsoever unless suit is commenced against the Company in the appropriate jurisdiction and written notice given within one (1) year of the date the Goods were delivered or should have been delivered.
7. Jurisdiction
The Customer irrevocably agrees that any dispute arising from these STC and the Services shall be submitted to the exclusive jurisdiction of the competent courts of Thailand.