- TERMS AND CONDITIONS OF C2C SERVICE
- DEFINITION AND INTERPRETATION:
In these General terms and conditions of service, unless the context is regulated obviously differently, hereunder terminologies are understood as corresponding meaning as below:
“SWIFT247” or “We” means SWIFT247 Joint Stock Company, which is legally established and operates in accordance with the laws of Vietnam.
“Customer” means the person requesting and agreeing to use any of the services provided by SWIFT247, including but not limited to delivery services, placing and paying for Orders using the Delivery services.
“Range” means the geographical limitation of services that SWIFT247 provides to Customers. This range is pre-installed on the Application provided by SWIFT247 and is subject to change depending on the specific situation.
“Application” is a mobile application software owned and operated by SWIFT247, of which functions meet Customer’s usage requirements, including but not limited to: interaction, Orders creation, and payment performance for SWIFT247.
“Goods” means correspondence, documents, publications, invoices, other documents, or items that the customer has requested SWIFT247 to deliver from sender to receiver. Goods must be goods that are allowed to be transported, not included in the list of transportation prohibited goods, and must comply with all regulations on transportation of Vietnamese law, competent government agencies, and of the relevant Carriers during the use of the service.
“Order number” is a series of characters including numeric and alphanumeric code (Example: RG59WLV5, B2C3MXFQPAT5, B2B00002274), generated when the Customer places and makes full payment for the Order. This Order code is used as a basis for shipment tracking of an Order on the Application and for retrieving information for complains and claims related to the Cargo and Order.
“Carriers” are third parties appointed by SWIFT247 to carry out the transportation or some related work in the process of transporting the order from the point of receipt to the point of delivery.
“Transportation prohibited goods” are types of items and goods that are prohibited from being transported, circulated, or used in accordance with the laws of Vietnam, the laws of relevant countries, and the regulations of the relevant Carriers.
“Conditionally transported goods” means items and goods that are limitedly transported or forced to comply with certain conditions during transportation in accordance with the laws of Vietnam, the laws of the country in which they are transported. and regulations of the relevant Carriers.
“Dangerous Goods” means any item or substance with the potential to cause danger, the risk to health, safety, property, or the environment that is listed or classified on the Dangerous Goods List regulated by IATA (International Air Transport Association).
“Shipping time quota” is the period of time starting from the time the order is confirmed on the Application to the time when the Goods are delivered to the designated place to the recipient shown on the order information (excluding the time of delay in delivery and receipt of goods from the sender and/or the consignee, and majeure circumstances of the relevant Carriers).
“Reception location” is the location announced on the website http://www.swift247.vn and on the applications. The place where goods are transferred directly from the customer or indirectly through a 3rd party shipping partner to the staff of SWIFT247 to receive.
“Delivery Location” is the location announced on the website http://www.swift247.vn and on the application. The place where goods are transferred from SWIFT247 agents to customers or to 3rd party shipping partners.
“Port to port” is a transportation service which the Customer must directly bring the transported Goods to the airport warehouse to carry out procedures for shipment, and the recipient must directly go to the airport warehouse to carry out the procedures for receiving the goods.
“Door to Point” also known as D2P, is a transportation service which the Goods are cleared for delivery from the Customer, at the Customer’s location to the delivery staff of SWIFT247 or the Carrier, after that, the Goods will then be shipped to SWIFT247 drop-off location, and the consignee must come directly to SWIFT247 drop-off point to receive the Goods.
“Door to Door” also known as D2D, is a transportation service which the Goods are cleared for delivery from the Customer, at the Customer’s location to the courier of SWIFT247 or the Carrier, and Goods will be shipped to the correct recipient address shown on the order number by the courier of SWIFT247 or the Carrier for delivery procedures.
Note: SWIFT247 provides home delivery and pick up services to sender and/or receiver. However, in the case that the sender and/or receiver are located in apartments, high-rise buildings, SWIFT247 only supports delivery/receipt of Goods at the entrance of the apartment building, high-rise building or other suitable location.
“Price unit” is the amount that the customer has to pay for each unit of chargeable weight (Example: VND 198,000/ 1 kg/ P2P service).
“Chargeable weight” is the actual weight (weight), or volumetric weight (dimensions). Chargeable weight is calculated according to the larger weight between actual weight and weight converted from volume. The formula for calculating the converted weight is as follows:
Converted weight = (length × width × height) ÷ 6000
6000 is the conversion unit between weight and volume prescribed by the aviation association for domestic delivery services.
Length, width, and height are units of volume measured in centimeters.
Example: suppose a customer ships a carton box with a weight of 20kg and dimension of length, width, and height is 60, 60, 40 cm in turn. The shipping cost of the box is 10,000 VND / 1kg. To determine whether this container is calculated by weight or volume, we do the following calculation:
Converting the volume of the box to the weight: (60 × 60 × 40) ÷ 6000 = 24
Since 24 > 20, this box will be calculated according to the weight converted from the volume and the shipping cost of this box is 24 × 10,000 = 240,000 VND
“Rates” means the amount payable by the Customer for the Order generated on the Application based on the Weight and the unit rate.
“Additional Purchase Services” mean additional services that the Customer may purchase additionally to meet the Customer’s requirements. Additional purchase services provided by SWIFT247 include but are not limited to the services available on the App dependent on specific time such as: High-value goods insurance service, door delivery/receipt service, goods returned insurance service, etc.
“Value added tax” or “VAT” means value added tax in accordance with the laws of Vietnam.
“Working day” means a day other than Saturday or Sunday or a public holiday, Lunar New Year in accordance with the laws of Vietnam or relevant country laws in the course of transportation.
“COD” is a form of payment collection that the fare is collected directly at the point of receiving the consignment. This COD includes only the payment for the shipping service of the order, and does not include collection for the value of the goods being shipped.
“Force Majeure” means any circumstance beyond the reasonable control of a party that affects the operation and ability of the affected party in performing its obligations under the relevant Transportation Services agreements, including but not limited to events of natural disasters, flight delays or cancellations, riots or civil unrest, war or armed conflict , national or local emergencies, government action or inaction, fire, flood, lightning, fire, explosion, subsidence, bad weather condition, and lawsuits or obstructions by person or entity that is beyond the reasonable control of that party; and “Force Majeure” as applied to SWIFT247 in connection with the provision of the Service shall include an Internet connection crisis and any technical problems beyond our control which may affect the technical system supporting the normal operation of the Application.
“Customer Information” means Customer’s personal information that Customer provides and declares to SWIFT247 through the Application, through Orders or through another transaction with SWIFT247, including but not limited to Name, Phone number, Email, Address, Information about Personal account number.
In these General Terms, unless the context expressly states differently:
- Reference to Terms and Paragraphs means reference to the terms, and paragraphs of these General Terms.
- The titles in these General Terms are for reference only and shall not affect the interpretation of these General Terms.
- Reference to “individual, organization” shall mean any individual, partnership, joint venture, partnership, limited liability company, trust organization, company, association, state, State agency or department or any individual or organization.
- A reference to a law or a provision of law including an amendment or re-enactment of that provision, a legal provision that supersedes that provision, and a regulation or legal document enacted under that provision.
- Singular words include plural meanings and vice versa.
- The expressions “even”, “including”, “for example”, or similar expressions shall not limit the inclusion of any other terms.
- CONDITIONS FOR GOODS
- Transportation prohibited goods
The following goods and items are considered Prohibited Goods and can be denied delivering by SWIFT247:
- Narcotic substances, opium, opium compounds, psychostimulants.
- Weapons such as firearms of all kinds (such as tear gas guns, plastic bullet guns, laser guns, nail guns, magnetic guns, flare guns, etc.), ammunition, swords, knives, machetes, rubber whips, electric whips, electric sticks, electric gloves, tear gas grenades, asphyxiation grenades, poison grenades, anesthetics grenades, metal 8 handcuffs, plastic rope handcuffs and similar articles with the potential to cause injury.
- All kinds of depraved cultural products, reactionary content contained cultural products; publications and documents aiming at undermining public order against the Government of the Socialist Republic of Vietnam.
- Explosives, flammable or non-flammable gases (such as paint sprayers, butane, gas refilled cigarette lighter), refrigerants (such as underwater oxygen tanks, liquid nitrogen tanks), flammable liquids (such as paints, diluent, solvent); flammable solids (such as matches, lighters); organic oxygen compounds (such as tree sap); toxic substances, infectious substances (such as viruses, bacteria); radioactive substances (such as radium); corrosive substances (such as acids, alkalis, mercury, thermometers), magnetic substances, oxidizing materials (such as bleach).
- Types of items and goods that are prohibited by law from circulation, trading, export or import.
- Living or dead creatures.
- Articles, publications, merchandise prohibited by the applicable law, regulation or order of any country to which the Goods are transported to, transported, transited or transported through.
- Vietnamese currency, foreign currency and other valuable papers.
- Precious metals (gold, silver, platinum…), precious stones or other products made from precious metals and gems.
- If transported by air, Goods are articles that may cause harm to the aircraft or persons or property on board the aircraft, such as those specified in the Dangerous Goods Regulations of the Aviation Organization International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA) and in the Terms and conditions of Carriage and Regulations of the relevant Carriers.
- Corpses, human remains.
- Goods accepted with conditions
The following goods and items are considered Conditional Carriage and can only be transported by SWIFT247’s Services when the following corresponding conditions are met:
Note: (*) At this time, SWIFT247 is not ready to receive and transport the goods with the conditions of carriage mentioned in sections 11 and 12 of the list above.
- Goods packaging specification:
It is the responsibility of the Customer to ensure that the Goods are properly packed, marked and labeled for transportation in accordance with the following specific specifications:
- Goods must be securely wrapped, packaging must be suitable for the appearance and nature of the items inside, suitable for transport conditions, able to withstand vibration and light shaking, withstand tilt during flight and ensure to withstand common weather conditions such as: rain, wind, hot and cold.
- Goods must be packed in a manner that will not cause danger or harm to people, animals, other goods and property of SWIFT247 or the Carrier or other third parties.
- The customer must ensure that the package can be easily opened for contents security check.
- Customers are solely responsible for marking to identify the consignor and consignee and ensuring that the information is easy to see and not blurred.
- When packing, it is necessary to use stuffing materials such as crumpled newspaper, foam beads or air bubble paper to fill the gaps and slits, avoiding the movement of goods inside the box during transportation.
- For items that are easily soiled or wet, they should be placed in a plastic bag, sealed at the edges with tape before packing.
- For liquid contained items, it should be covered with a good absorbent pad to absorb liquid in case of spillage or leakage.
- Invoices or user manuals need to be placed in the box before packing, not on the outside of the box.
- Gather small parts or granular products that may spill and pack into a tightly sealed container, such as a canvas or woven bag, and place the package in a sturdy box.
- For items of special or unusual shape, at a minimum, wrap and tape all sharp or protruding edges.
- Special goods such as liquid, fragile goods, easily deformed goods, easily melted goods, etc. must be packed to ensure that they can meet transportation conditions. These types of goods must be affixed with a special warning on the outside of the box.
- Rights and obligations of the Client:
- Customer’s Rights
- The Customer has the right to request SWIFT247 to provide Services to the Customer in accordance with the transaction performed.
- The Customer has the right to request SWIFT247 to provide a financial invoice in connection with the Services provided to the Customer.
- The Customer has the right to make a claim about the Services of SWIFT247 or to claim of the Goods’ damages in accordance with these General Terms.
- Customer’s Obligations
- Customers must comply with the provisions of these General Terms throughout their use of the SWIFT247 Services. Only authorized personnel of SWIFT247 may change these general terms in writing. When a customer delivers goods to SWIFT247 with oral or written instructions inconsistent with these general terms, SWIFT247 will not be bound by such instructions.
- It is the responsibility of the Customer to ensure that the Goods are properly packed, marked and labeled for shipment.
- Merchandise contents (including but not limited to item quantity and weight) must be accurately described on the order.
- In case the customer intentionally falsely declares the contents of the goods so that the goods are accepted for transportation while the actual contents of the goods are prohibited from being transported or transportation unaccepted goods, the customer will bear 100% of the cost and any additional shipping fee incurred (if any).
Customers ordering P2P delivery service (delivery service at the post office) for an order weighing 1kg with a service price of VND 158,000. The customer declares the content of the goods as “documents, clothes”, but during the security check, the actual content of the goods is found to be liquid. Customers will have to bear a service fee of 158,000 VND.
- The contents of the goods must be safely and carefully prepared and packed by the sender to protect the goods against the usual perils during transportation, or to perform other services including any related arrangements and/or handling.
- The contents of the goods are not limited by IATA (International Air Transport Association The contents of the goods are not limited by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization – International Civil Aviation Organization) and are not items prohibited and neither the sender nor the receiver is a person or entity with whom we or the sender may not legally be able to do business under any applicable law or regulation.
- The sender must accurately declare the weight of the goods.
- The Customer is completely and solely responsible for providing, updating and maintaining the Customer Information, ensuring that the Customer Information, the information on the Order is free of any errors, mistakes or inaccurate details regardless of whether the information is outdated or obsolete and ensures that the information is provided correctly in all respects.
- Provide full invoices and valid documents related to the Goods when sending/delivering/using the Shipping Services for SWIFT247 in accordance with the law.
- In case, for any reason, the Customer fails to provide sufficient invoices and documents related to the Goods during transportation, SWIFT247 will not bear any responsibility arising if the Goods are inspected, temporarily seized or confiscated by competent government agencies during transportation due to insufficient invoices and documents.
- In case the goods are damaged or lost during transportation, the Customer is responsible for providing full invoices and documents about the goods within 48 hours from the time SWIFT247 requests it to guarantee the right to receive compensation from SWIFT247.
- Full payment of freight for SWIFT247 and other costs incurred is the responsibility of the Customer.
- Customers preserves Customer Information on their own and may not disclose Customer Information to any third party in any way. SWIFT247 will not be liable in any event where a transaction is regularly performed based on Customer Information that is not due to a security breach from SWIFT247.
- Rights and obligations of SWIFT247
- Obligations of SWIFT247
- Provide Services in accordance with the agreement committed with the Customer.
- Provide financial invoices in connection with the Services provided as the requested by the Customer.
- Resolve complaints from the Customer toward the Service within the period announced to the customer.
- Indemnify the Customer for damage if the Goods are lost, damaged or lost in transit, except for cases not covered by SWIFT247’s compensation liability as prescribed in these General Terms.
- Confidentiality of Customer Information and only use this information for the purpose of providing Services to Customers, except for cases where disclosure is required by law or a competent government agency.
- Rights of SWIFT247
- Request Customer to provide Customer Information, accurate documents related to Customer.
- Request customer to approve SWIFT247, Carrier or competent agency inspect goods formality and provide goods contents.
- Refuse to transport the Goods in the event that the Goods are not packed in accordance with the specified specifications or contain Goods that are prohibited from being transported or do not meet the conditions specified for the Conditional Carriage or for other safety, security reasons.
- Request the Customer to compensate for damage in the event that the Customer’s Goods do not comply with the provisions of these General Terms, causing danger or harm to people, animals, goods and property of SWIFT247 or Carrier or other third party.
- Customer agrees that we or any governmental authority including customs and security may open and inspect customer’s goods when there is any doubt about the contents of the goods.
- GENERAL PROVISIONS
- Scope of application and validity
- These General Terms are applicable to any Customer using the SWIFT247 Shipping Service.
- These General Terms take effect from the date of issuance and will be binding on the Customer at the time the Customer confirms to use the Service of SWIFT247.
- Instances of Force Majeure
- In the event of a Force Majeure event, SWIFT247 shall not be considered to be in breach of its obligations under the agreement with the Customer and shall not be liable to the Customer for delay in performance or failure to perform any of its obligations as a result of that Force Majeure event.
- SWIFT247 will continue to perform its obligations after the Force Majeure event ends.
- In the event of a prolonged force majeure event leading to the transaction being unable to be performed, the customer can request to cancel the order. In case the goods have been delivered to SWIFT247, SWIFT247 will preserve and return them to the customer according to the goods return process. The customer will be refunded the freight paid for the goods, but the customer is responsible for the return freight.
- Partial effect
If one or more provisions of these General Terms and/or any agreement between SWIFT247 and the Customer are invalid, illegal or unenforceable in any aspect under the laws of Vietnam, the validity and enforceability of the remainder of these documents and/or agreements shall not be harmed or affected.
- Amendment, adjustment
SWIFT247 has the right to amend and adjust these General Terms from time to time and will notify the Customer through the official website of SWIFT247 and/or the Application and/or other official communication channels of SWIFT247.
- Adjustment and dispute resolution law
- These General Terms and any agreement between the Customer and SWIFT247 are construed and governed by the laws of Vietnam.
- Any dispute arising out of or relating to these General Terms or the SWIFT247 Services will be first resolved by negotiation or mediation. In case a dispute still cannot be resolved by negotiation or conciliation, either party has the right to request a competent court in Vietnam to settle it in accordance with Vietnamese law.
- REGULATIONS REGARDING THE DELIVERY OF GOODS
- General provisions related to the delivery of goods
- In the event that the actual weight of the Goods exceeds the allowable difference as specified above, SWIFT247 will notify the Customer of the actual weight of the Order.
- SWIFT247 has the right to refuse to ship the above Order, and the customer is responsible for paying SWIFT247 the related costs.
- The customer is responsible for adjusting the actual weight of the Order and paying the fee for the weight difference (if any) on the App so that the order can continue its shipping journey. If the difference in freight is not paid, the Order will be kept at the warehouse of SWIFT247 according to the storage procedure specified in Article 4 below.
- SWIFT247 will calculate the converted weight of all orders and compare it with the actual weight of the order to calculate service charges. Service charges will be calculated based on the larger weight.
- SWIFT247 provides Delivery and Receiving Services at the recipient and/or sender’s home. However, for domestic orders, in case the receiver and/or sender’s address is in an apartment building, high-rise building, SWIFT247 only supports delivery/receipt of Goods at the entrance of the apartment building, high-rise building or other suitable location.
- Goods returned and stored:
- Unclaimed Goods:
Unclaimed goods are goods that are in one of the following cases:
- Goods that the receiver refuses to receive and the sender also refuses to receive (referred to as goods refused to receive).
- Goods cannot be delivered to the recipient and cannot be returned to the sender after three (03) days from the date the package is accepted.
- Unclaimed Goods will have their Order status updated to “not delivered” on the App. Customers can track Order status or receive electronic notifications from SWIFT247’s automated system or be notified by SWIFT247 customer service staff.
- Goods Return Policy:
For domestic C2C service:
In case the Customer does not purchase the Returned Goods Insurance Service due to the failure in delivering the goods:
- Within three (03) working days, the Customer pays the shipping fee to SWIFT247 to the Customer’s original shipping location.
- After the return fee is paid, the Goods will be returned to the original place of shipment within a maximum of two (02) Working Days from the time the return fee is paid. SWIFT247 does not charge a storage fee for the period of pending payment for the return of the Goods
- In case the return fee is not paid within the above period, SWIFT247 will put the Goods in SWIFT247’s warehouse and change the status to “in storage” on the Application.
- In case the Customer has purchased the Returned Goods Insurance Service package due to failure of delivering the goods: SWIFT247 guarantees that the Goods will be returned to the original sender’s location, the returned goods insurance is valid up to 50% of the original shipping cost.
Note: the fee for returning the goods to the original destination is charged as a new order.
For international C2C service
- Shipments refused by the receiver, or which for any other reason cannot be delivered, will be held, and SWIFT247 will attempt to contact the shipper for further instructions, but not including return. SWIFT247 will retain the shipment for a reasonable period of time, to be determined at its sole discretion (not to exceed thirty days), and upon exercising reasonable commercial efforts at notifying the shipper, SWIFT247 reserves the right to deal with the shipment thereafter in any manner at its sole discretion, including but not limited to disposal of the package. SWIFT247 will not be liable for any claims for loss or damage to a shipment refused by the receiver.
- Goods in stock
- For normal goods, within the next fifteen (15) working days from the date the goods are put into storage, if the Customer agrees to take back the returned goods, the Customer must pay SWIFT247 the Storage costs that is based on the actual number of days of storage and shipping costs to the original location (if any).
- Especially for perishable goods: the maximum storage time is five (05) working days.
- In case the items inside the undeliverable goods are discovered damaged due to their natural characteristics and cause unsanitary conditions and environmental pollution, SWIFT247 has the right to make a record and decide to immediately destroy these item and goods.
- If the Goods are still unclaimed after the above time limit, this Order ID will expire and be changed to the status of “Order unclaimed” on the App.
- SWIFT247 has the right to destroy or liquidate to any third party any Goods that are determined as Unclaimed Orders.
- Returned goods
- In case the Returned Goods are in their original condition, with no signs of loss or damage, the Customer and SWIFT247’s staff/person in charge/designee will confirm the condition of the Goods. and carry out procedures to receive the Goods. The Status of the Order on the App will be updated to “Received”.
- In case the Goods have signs of loss, harmed or damaged: The customer and SWIFT247’s staff/person in charge/designated partner shall jointly check the contents of the returned Goods, determine the Goods are of the correct Customer’s Order and record the condition of the Goods at the time of receipt. Customer makes a refusal to receive goods and sends complaints directly, providing record and relevant evidences to SWIFT247 to support complaint settlement.
- SWIFT247 refuses to accept any complaints arising after the Customer has signed and agreed to receive the returned Goods.
- Complaints and complaint handling
- Time limit for accepting complaints:
All complaints related to lost, harmed, altered or damaged Orders must be recorded and sent to SWIFT247 within 24 hours from the time the system records the delivery status.
- Complaint receiving time:
The response time to receive complaints is calculated from the time SWIFT247 receives the customer’s complaint minutes (within office hours) as follows:
- Within 03 hours for complaints about order delivery/pick-up.
- Within 24 hours for complaints for remaining cases (lost, misplaced, damaged goods).
- Complaint response time:
Within 05 to 07 working days from the time of receiving the complaint, the Customer needs to provide sufficient evidence related to the complaint that has enough foundation to verify which party is at fault.
- Damage compensation
Customer’s liability for damages: Customer must compensate for all actual damages incurred to SWIFT247 and related third parties (if any) in the case of:
- Damage caused by Customer’s fault.
- Goods on the list of Transportation Prohibited Goods causing damage to SWIFT247 or other third parties (if any).
- Goods are not properly packed causing damage to SWIFT247 or other third parties (if any).
- SWIFT247’s liability for damages: In the event that damage is caused by part of the fault of the Customer, SWIFT247 will only compensate for the damage corresponding to the fault of SWIFT247.
- The policy of compensation for lost, harmed or damaged Goods shall comply with the provisions of Clause 8 below.
- Policy of compensation
For domestic C2C service:
Insurance Coverage: Apply the “Transportation operator liability insurance policy” to the cargo-related liability covered by Chapter 5 applicable to Air and Road transportation.
The maximum compensation level of SWIFT247 for lost, damaged, harmed or altered orders is as follows:
|COMPENSATION FOR LOST, MISSING|
|High value goods||100% of the insurance policy value, up to VND 100,000,000|
|Carrier insurance||600,000VND/kg, up to 10.000.000VND|
|GOODS RETURN INSURANCE|
|Return insurance||50% of shipping cost, up to 500,000VND|
- High value goods insurance (provided by Bao Viet insurance) is optional, customers can choose to declare the price for high value goods.
- The above compensation is the maximum, not the default.
For international C2C service:
Where Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on October 12, 1929 (and any amendments thereto, including the Additional Protocol No.4 signed at Montreal on September 1975, or the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, May 28, 1999)) or CMR Conventions or any national laws implementing or adopting these conventions apply (for convenience collectively referred to as Convention Rules) or where (and to the extent that) other mandatory national law applies, the liability of SWIFT247 is governed by and will be limited according to the applicable rules. Under Vietnamese law, SWIFT247 is only liable to indemnify if it fails to do so with reasonable care and skill and SWIFT247’s liability for compensation will be determined in accordance with the laws of Vietnam. In the event of a total loss, damage or exchange of items, SWIFT247 is obliged to indemnify: (a) in accordance with the laws of Vietnam (on the basis of actual loss, damage, or exchange occurred for the entire consignment); and (b) in all cases the liability for indemnification shall be equivalent to the minimum indemnification. provided for by the laws of Vietnam relating to international postal services from time to time (at the date of publication of the terms and this condition, the minimum limit of liability equivalent to 9 SDR/kg (calculated in increments of 500 grams, fractions in 500 grams), applies to the weight of the entire shipment, with condition that the total amount of compensation is in no case less than 30 SDR/shipment, plus a refund of the service charge paid by or on behalf of the shipper of the applicable international postal service). In the event of a part (but not all) loss, damage or exchange of a postal item, SWIFT247 is obliged to indemnify: (a) in accordance with the laws of Vietnam (on the basis of loss, damage, or actual exchange occurred for the relevant portion of the shipment); and (b) in all events no more than the amount of liability for total damage as mentioned above, unless otherwise agreed by the parties. In the event that a shipment is shipped later than the transit time committed by SWIFT247, SWIFT247 is responsible for refunding the international postage charges paid by or on behalf of its shipper from applicable international postal service. For the avoidance of doubt, none of the limitations of liability set forth in the preceding paragraphs shall apply to any claim related to indemnification arising out of any injury or death of any person.
SWIFT247 does not offer shippers’ cargo insurance. Shippers desiring cargo insurance or all risk insurance should purchase such insurance from third parties.
- Cases that are not under the compensation liability of SWIFT247
SWIFT247 is not responsible for any damage or loss to Customer’s Goods in the following cases:
- Force majeure events that lead to loss or damage to the customer’s goods.
- Objective reasons due to flight delay or flight cancellation.
- Orders sent are lost, impaired or damaged due to improper packaging by the Customer.
- Orders sent that are wrong delivered, lost due to customer’s error of providing information
- Orders sent with items; goods damaged due to their natural characteristics.
- Goods without invoices, documents, origin.
- The customer or the consignor fails to prove the delivery, deterioration and damage of the goods.
- The customer or sender does not have proof of shipment.
- Orders sent containing transportation prohibited Goods, Goods transported with conditions that do not satisfy the prescribed conditions, are inspected, confiscated by competent government agencies or destroyed according to the provisions of law.
- The declared value is incorrect, the declared value exceeds the actual value of the Order submitted for price declaration service (as specified in Article 3 above).
- The customer or the sender fails to comply with the provisions on complaints and dispute settlement according to the agreement and provisions of the law.
- Indirect damages or unrealized gains arising from the loss or damage of the Goods.
- Damage occurred due to unqualified supplied goods from the customer or the sender.
- Refuse to make any illegal payments on the sender’s behalf.
- Cases of the air traffic network disruption on a national or local scale.
- Potential defects or inherent deficiencies of the dispatched goods.
- The omission of the sender or the third party such as:
- The consignor or any other party claiming benefit in the consignment causes the shipper to breach his/her obligations under these terms and conditions, in particular, the obligations set out in paragraph 4.1.
- An act or omission of any official in the Security, Customs, Aviation, Airport or Government sectors.
B. TERMS AND CONDITONS OF DOMESTIC CARGO DIRECT SERVICE
By requesting or accepting goods or services from SWIFT247 in Vietnam (the “Territory”), Customer is deemed to have accepted the following terms and conditions of service (“Terms and Conditions”) when the contract is formed between SWIFT247 and Customer. Unless otherwise agreed by SWIFT247 and Customer, the contract between SWIFT247 and Customer is formed when SWIFT247 accepts Customer’s request for goods or services.
1. Definitions and Rules of Construction
“SWIFT247” means SWIFT247 Joint Stock Company, which is legally established and operates in accordance with the laws of Vietnam.
“Customer” means any Person for whom, for whose benefit, or at whose request, SWIFT247 directly or indirectly renders services, including all of the Person’s agents, contractors, and/or other representatives, including shippers, importers, exporters, notify parties, carriers, secured parties, warehousemen, buyers and/or sellers, shipper’s agents, insurers and underwriters, break-bulk agents, consignees, holders and assignees of Transport Documents, Storage Documents or other commercial documents, and other similar parties. The Person directly requesting services from SWIFT247 accepts these Terms and Conditions on behalf of and shall give copies of these Terms and Conditions to all such Persons.
“Application” is a mobile application software owned and operated by SWIFT247, of which functions meet Customer’s usage requirements, including but not limited to: interaction, Orders creation, and payment performance for SWIFT247.
“Governmental Unit” means any applicable nation, state, province, district, county, municipality, or any court, tribunal, department, subdivision, authority, agency or instrumentality of any of the foregoing.
“Laws” means each present and future law, statute, code, rule, regulation, ordinance, rule of law, principle of law, order, decree, judgment, guidance, or the equivalent enacted, ratified, adopted, promulgated, or issued by an applicable Governmental Unit, and all international conventions ratified by the Territory (and, where applicable, the United States of America) or otherwise mandatorily applicable under the laws of the Territory (and, where applicable, the United States of America) and/or the Territory. Terms such as “liability”, “obligation”, and “responsibility” include every duty to pay money, deliver value, provide services, perform an act, or refrain from performing an act.
“Person” includes an individual, trust, estate, partnership, association, business or nonprofit organization, Governmental Unit, or other legal entity.
“Storage Document” means a warehouse receipt, storage agreement, or other document evidencing the receipt of goods for storage, distribution or other handling. The term “third party” includes each of the following, by whomever chosen or compensated: carrier, truckman, cartman, lighterman, forwarder, ocean transportation intermediary, ocean freight forwarder, non-vessel operating carrier, customs broker, agent, warehouseman, and each other Person to whom goods are entrusted for transportation, carriage, cartage, drayage, handling, delivery, storage, distribution, clearance, entry, or other service or activity.
“Transport Document” means a bill of lading, waybill, forwarder’s cargo receipt, contract of carriage, or other document issued by SWIFT247 evidencing the receipt of goods for carriage.
Terms such as “includes” and “including” are not limiting. All references to documents include documents in paper or electronic form. The captions are for convenience only and are not part of these Terms and Conditions. These Terms and Conditions shall be construed without regard to any presumption or rule requiring that they be construed against the Person causing all or part of them to be drafted. If these Terms and Conditions conflict with the terms of a Transport Document or Storage Document issued by SWIFT247, the Transport Document or Storage Document prevails. If any part of these Terms and Conditions is held invalid or unenforceable in a jurisdiction by a final, non-appealable judgment, the judgment does not affect the validity or enforceability of any other part of these Terms and Conditions in that jurisdiction or of any part of these Terms and Conditions in another jurisdiction.
2. SWIFT247’ Role
SWIFT247 acts as the direct agent of Customer in all cases, except to the extent SWIFT247 acts as a carrier or SWIFT247 acts as supplier of storage service.
3. Choosing Routes or Agents
Unless SWIFT247 otherwise agrees, SWIFT247 has complete freedom in choosing the means, routes, and procedures to be followed in handling, transporting, loading, unloading, storing, clearing, entering, delivering, distributing, or otherwise dealing with the goods, and in choosing the third parties to perform these services.
All such third parties shall be considered as the agents of Customer. Advice by SWIFT247 to Customer that a particular Person has been selected to render services shall not be construed to mean that such Person will render such services.
4. Quotations Not Binding
Quotations by SWIFT247 are for informational purposes only and are subject to change without notice. No quotation binds SWIFT247 unless SWIFT247 agrees to handle or transport the goods at specific rates and payment terms.
5. Customer’s Duties
(a) Customer must do the following in relation to the services provided by SWIFT247: (1) provide and disclose all documents and information required to handle, transport, load, unload, store, clear, enter, deliver, distribute, and otherwise deal with goods (including commercial invoices in proper form and number, other documents necessary or useful in the preparation of the customs entry, and such further information to enable SWIFT247 to perform services, including the dutiable value, weights, measures, number of pieces, packages, cartons or containers, condition of the goods, classification, country of origin, genuineness of the goods and any mark or symbol associated with them, Customer’s right to export, import and/or distribute the goods, and the admissibility of the goods, pursuant to Laws, all in the languages of and as may be required by the Laws of the country of origin or of destination); (2) immediately advise SWIFT247 of any errors, discrepancies, incorrect statements, or omissions in any document or other information; (3) review all documents, declarations, security filings, and other submissions prepared or filed with any Governmental Unit or any other Person; and (4) maintain all records required under applicable Laws. Unless otherwise agreed, SWIFT247 shall only keep such records that applicable Laws requires SWIFT247 itself to maintain, but shall not act as a “record-keeper” or “third-party record-keeper” for Customer. SWIFT247 has no liability for any action taken or fines or penalties assessed by any Governmental Unit because Customer fails to comply with any Law.
(b) SWIFT247 has no liability to Customer for increased duty, penalty, fine or expense, unless caused by the negligence or other fault of SWIFT247, in which case its liability is governed by the provisions of paragraphs 7 and 8 below.
(c) Customer represents, warrants and covenants the accuracy, sufficiency, and completeness of all documents and information furnished to SWIFT247 by or for Customer. SWIFT247 has no duty to inquire into the accuracy, sufficiency, or completeness of any documents or information and in no instance shall be charged with information that Customer fails to give in writing. SWIFT247 may rely on all documents and information furnished to SWIFT247. If Customer fails to perform any obligation, SWIFT247 may use its judgment in connection with the goods.
(d) Customer represents, warrants and covenants that it is and will remain in compliance with all applicable Laws, including where applicable any anti-corruption Laws, and that the information the Customer provides to SWIFT247 in connection with Customer’s compliance with all such applicable Laws is true and complete. Customer shall also comply with all applicable Laws of any country or other jurisdiction to, from, through over or in which any goods may be carried, including all applicable Laws relating to the marking, packing, carriage, storage, clearance or delivery of the goods. Customer represents, warrants and covenants that the export jurisdiction and classification of all goods is correct and that it shall immediately notify SWIFT247 in writing of any changes to such information.
Customer further represents, warrants and covenants that all goods are properly marked, addressed, and packaged to withstand ocean transport, air transport, and ground transport. SWIFT247 is not liable to Customer for loss, damage, expense or delay due to Customer’s failure to comply with these Terms and Conditions.
Customer shall indemnify/compensate and hold SWIFT247 harmless against any and all claims, losses, or damages arising from the conduct of Customer or any of its officers, directors, employees, agents, owners or other Persons working for or with Customer under these Terms and Conditions that constitutes a violation of the Customer’s obligations, representations, warranties and covenants contained herein.
(e) Unless otherwise agreed, Customer shall pay all duties and other Customs charges by automated clearing house or other method required by the relevant Government Unit.
(f) Unless otherwise agreed, SWIFT247 has no obligation to take any pre- or post-Customs release action, including obtaining binding rulings, advising of liquidations, filing of petitions and/or protests, etc.
(g) Where SWIFT247 prepares and/or issues a Transport Document or Storage Document, SWIFT247 has no obligation to specify thereon the number of pieces, packages and/or cartons, etc., or the condition of the goods.
Unless SWIFT247 otherwise agrees, SWIFT247 has no obligation to procure insurance. If SWIFT247 agrees to procure insurance, SWIFT247 has the right to select the insurance companies and underwriters. The insured shall have recourse against the insurer only and not against SWIFT247. Customer is responsible for all insurance premiums and for SWIFT247’ charges to arrange for insurance.
7. Limitation of Liability for Loss, Damage, Expense or Delay
(a) SWIFT247 has no obligations other than those set forth in these Terms and Conditions or in any Transport Document or Storage Document issued by SWIFT247. Except as specifically set forth in these Terms and Conditions and subject to the limitations set forth by Laws, SWIFT247 makes no express or implied warranties in connection with its services.
(b) Subject to the limitations set forth by Laws, in the absence of proven negligence or other fault by SWIFT247 while the goods are in the physical custody of SWIFT247, SWIFT247 has no liability to Customer whatsoever for any loss, damage, expense or delay.
(c) Subject to the further limitations of liability in subparagraphs (d) and (e) and the limitations provided by Laws, SWIFT247’ liability for any loss, damage, expense or delay resulting from the proven negligence or other fault of SWIFT247 is limited as follows:
(1) If the claim relates to transportation services covered by a Transport Document or storage, distribution or handling services covered by a Storage Document issued by SWIFT247, the monetary limits on SWIFT247’ liability provided for in the Transport Document or Storage Document;
(2) If clauses (1) do not apply, then 200,000 VND per pound or value of merchandise per unit of trade, whichever is less optional. However, the applicable amount of any partial loss, damage, expense or delay shall be adjusted pro rata.
(d) Customer acknowledges that SWIFT247 and third parties to whom goods are entrusted limit their liability for loss, damage, expense, or delay. Customer may obtain an increase in the liability of SWIFT247 above the limits set forth in subparagraph (c) if SWIFT247 agrees to the request before it renders any services and the agreement sets forth the limit of SWIFT247’ liability and the additional compensation received or paid for the added liability. Otherwise, any valuation that Customer places on the goods shall be considered for export or customs purposes only.
(e) AS A FURTHER LIMITATION ON SWIFT247’ LIABILITY AND SUBJECT TO LIMITATIONS SET FORTH BY LAWS, CUSTOMER AGREES THAT THE MAXIMUM AGGREGATE OF SWIFT247’ LIABILITY TO CUSTOMER FOR ANY CHARGES, CLAIMS, DAMAGES, LIABILITIES, JUDGMENTS, COSTS, EXPENSES, PAYMENTS OR LOSSES OF ANY KIND DURING ANY CALENDAR YEAR THAT ARE NOT ALREADY LIMITED BY OTHER PROVISIONS OF THIS PARAGRAPH 7, WHETHER OR NOT THE SAME ARISE OUT OF OR RELATE TO SERVICES PERFORMED BY SWIFT247, SHALL NOT EXCEED THE VALUES PROVIDED BY THE LAW OF VIETNAM, SPECIFICALLY THE LIMITATION OF LIABILITY FOR DAMAGES PROVIDED IN ARTICLE 166, VIETNAM CIVIL ASSOCIATION LAW.
(f) AS A FURTHER LIMITATION ON SWIFT247’ LIABILITY AND SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY LAWS, CUSTOMER AGREES THAT SWIFT247 SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, INCOME OR OPPORTUNITY, EVEN IF SWIFT247 IS ON NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES OR FOR THE ACTS OR OMISSIONS OF ANY OTHER PERSON AND HOWEVER ARISING, INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, WILLFUL OR INTENTIONAL ACTS OR OMISSIONS.
(g) THE LIMITATIONS AND EXCLUSIONS IN THIS PARAGRAPH 7 APPLY EVEN IF THEY CAUSE ANY REMEDY OTHERWISE AVAILABLE TO FAIL OF ITS ESSENTIAL PURPOSE AND WITHOUT REGARD TO SWIFT247’ FAILURE OF PERFORMANCE OR DELAY OF PERFORMANCE.
(h) Customer hereby waives all non-mandatory rights and remedies provided to Customer under Laws.
(i) Customer acknowledges that goods may be entrusted to third parties subject to all conditions as to limitations of liability for loss, damage, expense or delay and to all rules, regulations, requirements and conditions appearing in Transport Documents, Storage Documents, receipts, tariffs, or other documents issued by such Persons. SWIFT247 has no additional liability for any loss, damage, expense, or delay caused by the acts or omissions of third parties.
8. Limitation of Actions
(a) With respect to any act or omission by SWIFT247, Customer must present to SWIFT247 at SWIFT247 office in Territory (1) a preliminary written notice of claim within fourteen (14) days after the loss or incident giving rise to the claim and (2) a formal written proof of claim within one hundred eighty (180) days from the date of loss or incident giving rise to the claim.
(b) In case the complaint is not made within the time limit specified in paragraph (a) of this section, the lawsuit will not be valid, unless there is deception on the part of SWIFT247 or the Customer has an acceptable reason.
(c) As an additional requirement, any suit to recover on a claim by Customer against SWIFT247 must be submitted to arbitration within one (1) year after the date of delivery or release of the goods, the date when the goods should have been delivered or released, or the date when any other loss, damage, expense, or delay first arose. If the above requirements in subparagraphs (a) and (b) are not satisfied,
SWIFT247 will be waived for any liability for compensation to damages incurred by Customer, to the extent Laws do not mandatorily provide otherwise.
9. Payment and Credit Terms
SWIFT247’ standard payment terms require receipt of payment in full before performance of services. SWIFT247 may in its sole discretion extend credit to Customer. Except to the extent SWIFT247 otherwise agrees, SWIFT247 has no obligation to make or incur any expense, guarantee or advance for any purpose on behalf of Customer.
10. Indemnification / Compensation
Customer shall indemnify/compensate SWIFT247 and hold SWIFT247 harmless from and against all charges, claims, damages, liabilities, judgments, costs, expenses, payments or losses of any kind (including for purchase price, freight, storage, demurrage, detention, duties, taxes, fines, penalties, incidental, indirect, consequential or exemplary damages, and SWIFT247’ litigation expenses and reasonable expenses, including attorneys’ fees) arising from or related to any one or more of the following:
(a) Any breach of any representation, warranty, covenant, agreement, undertaking, consent, or waiver by Customer;
(b) Any failure of Customer to pay or perform when due its obligations to SWIFT247 or to any other Person (including any Governmental Unit, carrier, vendor, holder or assignee of any Transport Document, Storage Document, or other commercial document);
(c) Customer’s violation of any Law or failure to disclose, correct, or complete any entry, export, security or other data or documents; (d) any other claim against SWIFT247 by any such other Person in relation to the services performed by SWIFT247 for Customer, in each case, even if not due to any negligence or other fault of Customer. If any such action, claim, suit or proceeding is brought against SWIFT247, SWIFT247 shall give notice in writing to the Customer by mail to the address on file with SWIFT247. At Customer’s expense SWIFT247 may employ attorneys and other professionals of its own choice in connection with any indemnified/compensated matter. Customer’s indemnity/compensation obligation in this paragraph shall not apply to the extent a court of competent jurisdiction enters a final, non-appealable judgment, specifically finding that the charge, claim, damage, liability, judgment, cost, expense, payment or loss was directly and proximately caused by SWIFT247’ gross negligence or willful misconduct.
11. Sale of Perishable Goods
Perishable goods or live animals which are unclaimed and for which Customer gives no instructions for disposition may be sold or otherwise disposed of without any advance notice to the Customer, owner, or consignee, and payment or tender of the net proceeds of any sale after deduction of charges is equivalent to delivery of the goods. If for any reason a shipment is refused or remains unclaimed at any place or is returned, the Customer must still pay SWIFT247 for all charges and expenses in connection with the goods. Nothing obligates SWIFT247 to forward, enter or clear the goods or arrange for their disposal.
12. General Lien on any Property
SWIFT247 has a general lien on any and all property (and documents relating thereto) now or hereafter in SWIFT247’ possession, custody or control or en route as security for all existing and future indebtedness and obligations of Customer to SWIFT247. This lien is in addition to any other rights and remedies SWIFT247 may have under other agreements or applicable Laws, and shall survive delivery or release of any property. SWIFT247 has the right to withhold delivery or release of any property if Customer is in breach of any indebtedness or obligation to SWIFT247, even if not related to such property. If any such indebtedness or obligation is unsatisfied, SWIFT247 may, in addition to all other rights and remedies under other agreements and/or applicable Laws, exercise all of the rights and remedies of a secured party under applicable Laws. Any notice required to be given of a sale or other disposition made at least ten (10) days before a proposed action constitutes fair and reasonable notice. Any surplus from the sale or other disposition, after deduction for all sums owed to SWIFT247, shall be transmitted to Customer, and Customer shall be liable for any deficiency. The value of the property on which SWIFT247 exercises its lien will equivalent to the amount of due debt of Customer payable to SWIFT247. SWIFT247 shall notify Customer in writing immediately when SWIFT247 exercises its lien on the property and the due amount that Customer is obliged to pay SWIFT247. After 45 (forty-five) days from the date of such notice, if Customer still fails to pay SWIFT247 the required amount, SWIFT247 is entitled to dispose of the property to pay for the sum owed to SWIFT247.
13. Compensation of SWIFT247
The compensation of SWIFT247 for its services and advances shall be included with and is in addition to the rates and charges of all third parties to handle, transport, load, unload, store, clear, enter, deliver, distribute or otherwise deal with the goods, and shall be exclusive of any brokerage, commissions, dividends or other revenue received by SWIFT247 from insurers or other Persons. Customer shall pay all costs, expenses and fees (including reasonable attorneys’ fees) incurred by SWIFT247 in connection with:
(a) The enforcement of payment or performance of any indebtedness or obligation of Customer (including by any action or participation in, or in connection with, a bankruptcy or insolvency proceeding, wherever pending) or
(b) Any dispute between SWIFT247 and Customer or any other Person. All amounts owed to SWIFT247 must be paid in the lawful currency specified in SWIFT247’ invoices in immediately available funds, without abatement, counterclaim, set-off, recoupment, and free and clear of, and without any deduction or withholding for, any taxes, duties, confiscation, detention, or other matters. If any amount is not paid when due, it shall accrue interest until paid at one and one-half percent (1.5%) per month (19.72% per annum).
14. Intellectual Property
SWIFT247’ intellectual property provided, demonstrated or used in connection with any services, including databases, software, web pages, programs, processes and procedures, reports, manuals, presentations, patents, trademarks, copyrights, trade secrets, service marks, know-how and any other similar rights or intangible assets recognized under applicable Laws (all of the foregoing, including source codes and similar information, “Intellectual Property”), was developed and maintained at great expense, is of great value to SWIFT247, is confidential and proprietary, and shall remain the sole and exclusive property of SWIFT247 at all times. Without SWIFT247’ prior written consent, Customer shall neither directly nor indirectly attempt to or actually disclose, use, re-create, duplicate, decode, alter, change, disassemble, decompile, or reverse engineer any Intellectual Property. Customer acknowledges and agrees that a violation of any of the foregoing shall cause irreparable harm to SWIFT247.
15. Data Privacy
Customer represents, warrants and covenants that it complies with all applicable privacy and data protection Laws with respect to information (“Customer Data”) about contacts or clients of Customer or about other Persons that Customer provides to SWIFT247 to enable SWIFT247 to perform services. With respect to Customer Data, Customer acts as a “data controller” or similar term under applicable Law. Customer further represents, warrants and covenants that it has obtained the proper consent from all data subjects to the disclosure and transfer of Customer Data to SWIFT247. In providing services to Customer, SWIFT247 may be required to share Customer Data with Governmental Units and may process Customer Data and thus act as a “data processor” or similar term under applicable Law with respect to such data and will process Customer Data in accordance with lawful instructions from Customer. SWIFT247 may use Customer Data as part of its Customer account opening, general administration process (e.g., in order to carry out compliance, financial checks, invoicing, or debt recovery), and otherwise in performing services. The information may be transferred to or accessible from SWIFT247’ offices around the world.
16. Force Majeure
SWIFT247 is not liable for loss, damage, expense, delay, or nonperformance resulting in whole or in part from circumstances beyond the control of SWIFT247, including: (i) acts of God, including flood, earthquake, storm, hurricane, power failure or other natural disaster; (ii) war, hijacking, robbery, theft or terrorist activities; (iii) incidents or deteriorations to means of transportation; (iv) embargoes; (v) civil commotions or riots; (vi) defects, nature or inherent vice of the goods; (vii) acts, breaches of contract, or omissions by Customer or any other Person who may have an interest in the goods; (viii) acts by any Governmental Unit, including denial or cancellation of any import, export or other necessary license; (ix) strikes, lockouts, slowdowns or other labor conflicts; or (x) pandemic and pandemic related government interventions.
17. Governing Law; Consent to Jurisdiction and Venue
These Terms and Conditions shall be construed according to the Laws of Vietnam. Customer consents that disputes involving Customer and SWIFT247 in relation to the services provided by SWIFT247 shall be resolved by arbitration at the Vietnam International Arbitration Centre (VIAC) in accordance with its Rules of Arbitration for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat and place of arbitration shall be Ho Chi Minh City, Vietnam. The Tribunal shall consist of three arbitrators. Each Party shall appoint one arbitrator, and the two arbitrators thus appointed shall choose the third arbitrator who will act as the presiding arbitrator of the tribunal. The language of arbitration shall be Vietnamese.
18. Booking and Cancellation Process
The booking will be made by the Customer, on the system provided by SWIFT247 (web/app), with the corresponding account issued by SWIFT247 or created by the customer. The system will perform load validation 24 hours before STD.
Customers are allowed to change booking information on SWIFT247’s system at least 08 hours before STD. SWIFT247 reserves the right to confirm or refuse the change of this information.
Cancellation on SWIFT247’s system (web/app) must be done at least 08 hours before STD. After 8 hours before STD, Customers are not entitled to cancel the reservation on the SWIFT247 system. SWIFT247 will not process any cancellation request from the Customer if the cancellation request arises during this period.
For hard block bookings: Customers are not allowed to change the type of goods after 8 hours before STD. If the customer shows up with goods with a lower value than the type of goods booked on the system, the freight for the shipment will be charged according to the type of goods with the higher freight rate.
For soft blocks: SWIFT247 recommends that customers DO NOT intentionally book loads with high-value type of goods but not in line with the actual goods categories of the shipment for the purpose of enjoying priority loading confirmation. In the event that SWIFT247 recognizes the above cases, we will not confirm the booking for shipments that require an operation to change the pre-booked type of goods.
|Record changes in the type of booking goods per week||Sanctions applied|
|Three times||Refusal to confirm the booking of a shipment on a flight with the goods category changed from high value to low value|
19. No Show Policy
For shipments that have been booked, successfully charged on SWIFT247’s system and confirmed by SWIFT247, if the actual shipping weight does not reach at least 50% of the weight according to the load confirmation or the goods are not shipped to the warehouse at the time of shipment but the booking is not cancelled within 8 hours before the schedule flight departure time, the Customer will be subject to the loading penalty as follows:
|No Show condition||No Show record per week||Sanctions applied|
|No Show from 50% on a confirmed booking||Twice||Admonish (through email)|
|From the third time||No load is allowed for booking for 1 day on No Show flight segment|
|From the fourth time||No load is allowed for booking for 3 days on No Show flight segment|
Notwithstanding any course of dealing, course of conduct, course of performance, or usage of trade, (a) whenever reference is made to the SWIFT247’ agreement, acceptance, approval or consent, even if not specifically so stated such agreement, acceptance, approval or consent is not effective unless in writing and signed by a duly authorized officer of SWIFT247, (b) neither failure nor delay by SWIFT247 to exercise any right, remedy, power, or privilege operates as a waiver, (c) no single or partial exercise of any right, remedy, power, or privilege by SWIFT247 precludes any other or further exercise thereof or the exercise of that or any other right, remedy, power, or privilege, (d) no amendment, modification, rescission, waiver or release of all or part of these Terms and Conditions, any Transport Document, or any Storage Document is effective without the SWIFT247’ specific prior written approval. SWIFT247 may from time to time change these Terms and Conditions. The applicable Terms and Conditions can be found on SWIFT247’ website, www.swift247.vn, are effective fifteen (15) days after such publication, and may differ from the pre-printed terms. In the event of a conflict between these Terms and Conditions and the updated version on SWIFT247’ website in effect on the date that SWIFT247 commences services, the updated version prevails.