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Thai Nexus Shipping Point

Standard Trading Conditions (STC)

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.
  • Shipment Protection: The optional liability extension service provided by the Company at a fee 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

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

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

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 (NO PROTECTION PURCHASED): If the Customer does not purchase the Shipment Protection 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:

THB 1,000 (One Thousand Thai Baht) per shipment

This limit applies even if the actual commercial value of the Goods is substantially higher. The Customer agrees that this limits the Company’s liability irrespective of any mandatory international conventions, unless such conventions expressly prohibit contracting out.

4.3. Liability WITH Shipment Protection: If the Customer purchases the Shipment Protection (as per Clause 5), the Company’s liability limit is increased to the Declared Value of the goods, strictly subject to the coverage conditions in Clause 5.

4.4. Exclusion of Consequential Loss: Under no circumstances shall the Company be liable for any indirect, special, or consequential loss, including but not limited to loss of profit, loss of market, or sentimental value.

4.5. General Exclusions: The Company shall have NO LIABILITY for loss/damage arising from:

  • Act of God, war, riots, or civil commotions.
  • Strikes, lockouts, or labour disturbances.
  • Inherent Vice: Natural deterioration or defect of the Goods.
  • Customs Actions: Seizure, delay, or destruction by government authorities.

 

5. SHIPMENT PROTECTION POLICY

This section applies ONLY if the Customer has opted for Shipment Protection and paid the applicable fee.

5.1. The Agreement: In exchange for a fee of 3.5% of the Declared Value (Goods + Freight), the Company agrees to increase its liability limit to cover the Declared Value against physical loss or damage, subject to the strict conditions below.

5.2. MANDATORY PACKING STANDARDS: Coverage is VOID if the Customer fails to adhere to professional packing standards. To claim under this policy, the Customer must prove the goods were packed as follows:

  1. Internal Protection: Items must be encased in at least 2 inches (5 cm) of bubble wrap or foam cushioning on all sides.
  2. Double Boxing: Fragile items, electronics, and items valued over 5,000 THB must be packed using the “box-in-box” method.
  3. No Movement: Contents must not shift when the box is shaken. The Company reserves the right to deny claims where the outer box shows no significant crushing/impact, indicating that internal packing was insufficient.

5.3. Specific Exclusions: The Shipment Protection does NOT cover:

  • Cosmetic Damage: Minor scratches, chips, or dents to luggage or used goods that do not affect functionality.
  • Insufficient Packing: Damage occurring without visible trauma to the outer shipping container.
  • Prohibited Items: Cash, jewelry, precious metals, antiques, artwork, glass, ceramics, or perishables.

5.4. The Average Clause: If the Declared Value is found to be lower than the actual commercial value, the Company will only pay the proportion of the loss that the Declared Value bears to the actual value.

 

6. CLAIMS PROCEDURE & BURDEN OF PROOF

6.1. Notification Deadlines: The Customer must notify the Company of any claim within the following strict timelines. Failure to do so constitutes a waiver of the claim:

  • Visible Damage/Loss: Must be noted on the delivery receipt immediately upon delivery.
  • Concealed Damage: Must be reported in writing within 48 hours of delivery.
  • Non-Delivery: Must be reported within 14 days of the expected delivery date.

6.2. Mandatory Evidence: To validate a claim, the Customer MUST submit the following within 5 business days of the initial notice:

  1. Photos of Outer Packaging: Showing all 6 sides of the box and the shipping label.
  2. Photos of Inner Packaging: Clearly showing the cushioning material used.
  3. Photos of Damage: High-resolution photos of the item.
  4. Proof of Value: Original commercial invoice matching the Declared Value.

> Note: Claims submitted without photos of the inner and outer packaging will be summarily denied, as the cause of damage cannot be verified.

6.3. Legal Action: The Company shall be discharged from all liability unless suit is commenced and written notice given within one (1) year of the delivery date.

 

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. The governing law shall be the law of the Kingdom of Thailand.