Registration

TITUS’S STANDARD CONDITIONS OF CARRIAGE

The Customer upon tender of goods or documents to TITUS for carriage or transportation, shall be deemed to have accepted and agreed to the terms and conditions herein, which terms and conditions shall be referred to as TITUS STANDARD CONDITIONS OF CARRIAGE.

1. Reference to TITUS shall include TITUS’s appointed agents wherever situated.
2. Any business undertaken by TITUS is carried out subject to the conditions hereinafter set out each of which shall be deemed to be incorporated by reference into any and all agreements whether written or otherwise between TITUS and a customer. TITUS shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing and signed on behalf of TITUS by a duly authorised officer thereof. In the absence of any such written agreement to the contrary, these conditions shall constitute the entire agreement between TITUS and each of its customers.
3. TITUS is not a common carrier and will only carry documents or goods subject to these conditions herein. TITUS reserves the right to refuse the carriage or transportation of any documents or goods or class of documents or goods for any person, firm, company or entity at its absolute discretion.
4. TITUS undertakes, subject to payment in accordance with rates notified to the customer from time to time, to carry the customer’s documents or goods between destinations agreed between TITUS and the customer(s). TITUS reserves the right to carry the customer’s documents or goods by any route and procedure and by any carrier or successive carriers and according to any handling, storage and transportation methods as TITUS thinks fit.
5. TITUS reserves the right but not the obligation to inspect the goods or documents consigned by its customers to ensure that all such documents or goods are capable of carriage to the countries of destination within the standard operating procedures, customs declaration and handling methods of TITUS PROVIDED THAT in making this reservation TITUS does not undertake or represent that any particular item to be carried is capable of carriage and delivery without infringing the law of any country or state from, to or through which the item may be carried.
6. Any rates quoted by TITUS for carriage are inclusive of local airport taxes but exclusive of any value added tax, duties, levies, imposts, deposits or outlays incurred in respect of carriage of customer’s documents or goods. Should the customer indicate by endorsement in the space provided on the Consignment Note that the Receiver shall be liable for any customs duty, the customer shall be liable for such customs duty in the event of default in payment by the Receiver. TITUS shall not be liable for any loss or damage incurred due to the customer’s documents or goods being impounded by customs or similar authorities and the customer shall indemnify TITUS for any fines, penalties or loss suffered by TITUS in connection therewith.
7. The marking and packaging of the customer’s documents or goods for transportation is the customer’s sole responsibility including the placing of the documents or goods in any container which may be supplied to the customer by TITUS. TITUS accepts no responsibility for loss or damage to documents or goods caused by inadequate, inappropriate or defective packaging. It is the sole responsibility of the customer to address adequately and clearly each consignment of documents or goods to enable effective delivery to be made. TITUS shall not be liable for delay in forwarding or delivery resulting from the customer’s failure to comply with its obligations in this respect.
8. TITUS shall not be liable for all or any losses, damages and expenses arising as a result of the customers’ failure to comply with the customers’ obligations under this Agreement or as a result of the customer negligence.
9. The customer warrants that the customer is the true owner of the goods or documents consigned for carriage or is duly authorised agent of the true owner and that it is authorised to accept and is accepting these conditions not only on behalf of itself but also as agent for and on behalf of all other persons who are or may hereafter become interested in the documents or goods. The customer hereby undertakes to indemnify TITUS against any damages, costs and expenses resulting from any breach of this warranty.
10. TITUS shall be liable subject to clause 11 hereof, for loss sustained by the customer due to damage to or loss of the documents or goods whilst in TITUS’s custody or control provided that such loss or damage was due to the negligence of TITUS its servants or agent. Save as aforesaid TITUS shall be under no liability in respect of the documents or goods carried by it and in particular shall not be liable for consequential loss however arising. The parties agree that consequential loss shall be deemed to include without restriction commercial, financial or other direct loss including losses of interest, profit markets and utility. TITUS shall not be liable for any loss or damage incurred by the customer due to any delay in the carriage or delivery of documents or goods which are beyond the control of TITUS or any loss or damage as a result of Act of God or any force majeure occurrence.
11. The liability of TITUS shall be limited to the payment by TITUS by way of damages of a sum not exceeding RM200.00 or its equivalent per consignment of the value of the consigned goods or documents, whichever is lesser. For the purpose of establishing the amount of TITUS’s liability under this clause the value of a document or the goods shall be ascertained in reference to their replacement or reconstitution value at the time and place of shipment without reference to their commercial utility to the customer and other terms of consequential loss. Consequential loss herein shall bear the same meaning as in clause 10 hereof.
12. Any claim brought by a customer against TITUS hereunder must be notified by the customer to an office of TITUS in writing within 14 days of the date when the documents or goods should have reached their destination after which date, no claim howsoever shall be entertained by TITUS. No claim shall be entertained until all outstanding due to TITUS from the customer have been fully-settled. The amount of any such claim shall not be set off against any amount owing to TITUS.
13. TITUS will not carry the following goods, documents and materials listed herein and such other goods documents and materials which TITUS may notify the customer of from time to time dangerous, hazardous, combustible or explosive materials prohibited drugs, gold and silver billion, coin, dust, cyanides, precipitates, or any form of uncoined gold and precious and semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, negotiable securities, stocks, bonds, certificates, uncancelled postage or revenue stamps, war savings or thrift stamps, blank or endorsed in blank cashier’s cheques, money orders or traveller’s cheques, letters, antiques, pictures, livestock or plants and in the event that any customer should consign such items with TITUS the customer shall fully indemnify TITUS for all claims, damages and expenses arising in connection therewith and TITUS shall have the right to deal with such items as it shall see fit including the right to abandon carriage of the same immediately upon TITUS having acknowledge that such item infringes these conditions. The right of inspection referred to in clause 5 shall also apply for the purposes of this clause.
14. TITUS is not an air transport undertaking within the Warsaw Convention 1929 and subsequent air carriage treaties and legislation. TITUS acts as agents for its customers when consigning documents or goods with a particular airline or carrier for onward carriage, without prejudice to its general right of subrogation hereunder. TITUS shall have the right to recover compensation from any airline or carrier for loss or damage or expense incurred by any customer on behalf of that customer.
15. Customers are to arrange insurance coverage on the documents or goods consigned and TITUS is under no obligation to provide such insurance coverage.
16. The terms and conditions herein shall apply to and incur to the benefit of TITUS and its authorised agents, officers, directors and employees.
17. When a consignor/shipper hands over cargo to TITUS or its third-party service provider, the consignor/ shipper’s representative shall sign a declaration in the following words: “On behalf of the consignor/ shipper, I understand that it is illegal to consign explosives or explosive devices without lawful authority. I also understand that all items of cargo intended to be transported as air freight will be subject to security screening procedures.

TITUS Online Terms and Conditions

These terms and conditions of this Agreement shall govern your use of this site, which is provided by TITUS (“Site”) and your subscription to TITUS online account. By accessing and using this Site, you are indicating your acknowledgement and acceptance of these terms and conditions. These terms and conditions are subject to changes by TITUS at any time in its discretion. Your use of this Site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Please consult these terms and conditions regularly.

1. Definitions

• "Shipment" means all documents and parcels that travel under one waybill and which may be carried by any means TITUS chooses including air, road or any other carrier.
• A "waybill", which is a non-negotiable document, shall include any label produced by TITUS automated systems, air waybill, or consignment note and shall incorporate these Terms and Conditions.
• Any reference to "TITUS" refers to TITUS Express Delivery Sdn Bhd (1199241-H), its related corporations, its subsidiaries, branches, employees, directors, agents, affiliates, contractors and any of their respective employees and agents.
• "Customer" refers to the customer of TITUS which include the shipper, its employees, principals and/or agents and/or consignees and/or receivers.
• “TITUS online account” refers to account created by the Customer via the Site.
• “TITUS online Prepaid” refers to TITUS credits which may be used to pay for TITUS services offered on the Site.
• “TITUS credit” refers to prepayment stored inside TITUS online Prepaid and used only for TITUS services offered on the Site.
• “TITUS systems” refers to a set of business processes, organised by TITUS, which includes but not limited to, a combination of tasks and automated applications.
• “Guests” refers to Customers whom have not signed up a TITUS online account on the Site.
• “Service Agreement” refers to the respective service agreement(s) made between the TITUS and the Customers;
• “Members” refers to Customers whom signed up a TITUS online account on the Site.
• “Multiple pieces shipment” or “MPS” refers to packages that are added to a Shipment under a waybill.
• “Waybill issue date” refers to date which waybill is issued or generated to the Customer from the Site.
• Words importing the singular shall include the plural and vice versa.

2. Representations and Warranties

• The Customer irrevocably warrants that the Customer is the actual, legal or proprietary owner of any Shipment that is tendered to TITUS for carriage. The Customer irrevocably agrees and accepts the conditions herein not only for itself but also as agent for and on behalf of any person who may have interests in the Shipment and shall be deemed to have read and be bound by all the conditions in the waybill or in any other agreement entered into between TITUS and the Customer covering the Shipment including the current TITUS Domestic and International Courier Rate Guide, copies of which are available upon request. In the event of any discrepancy between the documents, the following documents shall be read in the following order of priority:

1. This Agreement;
2. Service Agreement (if any);
3. TITUS Terms and Conditions of Carriage (available at the Site);
4. TITUS Domestic Courier Rate Guide.

3. Registration and Account Security

• During registration of a TITUS online account:
  1. You must provide TITUS with accurate, complete and up to date registration information
  2. You must safeguard your own username and password
  3. You authorise TITUS to assume that any person using the Site with your username and password is either you or is authorised to act for you.
• Should you find any unauthorised user of your login, you shall notify TITUS immediately and effectively.

4. Carriage

• TITUS shall reserve its right to refuse carriage of any Shipment or class of Shipment at its absolute discretion.
• TITUS shall carry the Customer's Shipment by any means, route, procedure, form of handling, form of storage, transportation method, carrier or successive carrier as it deems fit at its sole discretion. TITUS shall be entitled to subcontract on any terms the whole or any part of the carriage, loading, unloading, storing, warehousing, handling and any and all duties whatsoever undertaken by TITUS in relation to the Shipment and the Customer irrevocably authorise TITUS to enter into such subcontract as agents on behalf of the Customer.
• TITUS or any Person authorised by TITUS shall be entitled, but under no obligation, to open and/or scan any Shipment at any time and to inspect the contents. If it appears at any time that the Shipment cannot safely or properly be carried, or carried further, either at all or without incurring any additional expense or taking measures in relation to the Shipment, TITUS may without notice to the Customer (but as his agent only) take any measures and/or incur any reasonable additional expense to carry or continue the Carriage thereof, and/or to sell or dispose of the Shipment and/or to abandon the Carriage and/or to store the Shipment, under cover or in the open, at any place, whichever the Carrier in his absolute discretion considers most appropriate, which sale, disposal, abandonment or storage shall be deemed to constitute due delivery under the waybill. The Customer shall indemnify TITUS against any reasonable additional expense so incurred. TITUS in exercising the liberties contained in this clause shall not be under any obligation to take any particular measures and shall not be liable for any loss, delay or damage howsoever arising from any action or lack of action under this clause.
• TITUS does not warrant that any Shipment tendered by the Customer of its capability of carriage to designated destination without infringing the law of any country or state from, to or through the Shipment may be carried.
• TITUS will endeavour to deliver the Shipment in accordance with the usual delivery schedule and is not obliged to deliver the Shipment within any time limit. TITUS shall not be liable for any damage or loss howsoever caused by delays in delivering the Shipment. TITUS's only responsibility under the waybill is to deliver the Shipment to the address stated in the waybill subject to the terms and conditions stated herein.
• TITUS shall not accept Shipments in which the delivery address is a P.O. Box address, except for destinations in Sabah provided that the telephone numbers of the consignee is clearly stated.

5. Waybill

• MPS are allowed, up to a maximum of 4 MPS to 1 waybill. Waybill and MPS must be printed out in a good condition. The Customer is obliged to ensure that waybill and MPS are attached to shipments in a proper manner. For Members, cancellation of waybills can be performed via the Site within 5 days of Waybill issue date, except on the pick-up date. After this period, Members need to call TITUS for cancellation of waybills. For Guests, cancellation of waybills can be performed via call to TITUS. Refund will only be made for cancellation via the Site.

6. Rates

• All rates charged for courier services in respect of documents which come within the purview of the Postal Services Act, 2012 are subject to the minimum pricing set by the Malaysian Communications and Multimedia Commission (MCMC) applicable from time to time. Take note that effective 1 January 2015, the minimum price set by MCMC for courier services on documents weighing below 500g is a sum not less than Ringgit Malaysia Five (RM5.00) i.e. excluding 6% Sales and Services Tax (SST) per waybill. The delivery rates quoted on the Site are based on deliveries from the specified pickup point(s) to the relevant point of delivery.
• The rates as quoted on the Site are based on the actual weight of the package or its volumetric weight, whichever is the higher. The calculation for volumetric weight is according to the following formula:-
  1. Domestic Destination: Volumetric weight (kg) = length (cm) x width (cm) x height (cm) / 6000;
• In the event of dispute as to the calculation of the volumetric weight and/or the applicable rate, the Customer agrees that the decision made by TITUS shall be final and binding.
• Surcharges will be applicable for delivery service to Non Metro Areas, as specified by TITUS in the Site from time to time. To confirm classification of delivery destination, please visit our website www.titusexpress.com or contact our Customer Service officer of the respective branch. The delivery services offered by TITUS does not extend to Non Serviceable Area. If the packages cannot be delivered or is not duly received by the consignee, the Customer shall remain liable to pay the courier charges incurred.

7. Payment

• Any Service Fee quoted by TITUS includes local airport tax but shall exclude Service Tax or GST, Value Added Tax and any other applicable tax, duty and expenses as may be imposed by any local or foreign Customs or similar Authority in respect of the carriage of the Customer's Shipment. All such taxes, duties and government charges imposed or levied in connection with the services rendered by TITUS shall be borne and paid by the Customer.
• The Customer may choose to pay such charges via debit card, credit card, online banking, or TITUS online Prepaid.
• If the Customer gives different instructions on methods of payment, the Customer shall be primarily liable for any duty, tax (including pre-payment of the same), surcharge, fine, legal costs (on solicitor-and-client basis) or loss suffered by TITUS.
• For settlement of rate or charge adjustments, including but not limited to, charges due to difference in weight or volumetric weight measurement(s) between Customer and TITUS (“overweight charges”) and tax charges, TITUS is conferred the right to deduct from the Customer’s TITUS online Prepaid (if applicable) . If there are insufficient balance in the Customer’s TITUS online Prepaid or if the Customer is not a Member, TITUS would contact the Customer for payment. Overweight charges are calculated based on normal rates on the Site.

8. Refund

• Subject to the terms stated herein, TITUS offers different refund options for Customers, except cash refunds. For a Member, refunds are made to the Member’s TITUS online Prepaid. For a Guest, refunds are made to the Guest’s bank account. TITUS is conferred the right to request documents, including but not limited to the Customer’s Identity Card, for verification purposes during refunding process. TITUS has the right to reject a refund request where it reasonably believes that the refund request may be fraudulent, illegal or involves any criminal activity or where TITUS reasonably believes you to be in breach of the terms and conditions of this Agreement.

9. TITUS online Prepaid

• You may purchase credits for TITUS online Prepaid through any of the methods as may be made available in the Site from time to time. Selecting a particular payment method means you are agreeing to the terms of service of TITUS’s processing partners and your financial institution. You will bear all fees that may be charged by such processing partners and/ or your financial institution (if any) for the payment method you have selected. TITUS may at its sole and absolute discretion reject your request to purchase credits for TITUS online Prepaid for any reason whatsoever.
• The monetary value in the credits for TITUS online Prepaid is a prepayment only for services available to the Customer via the Site,
• TITUS online Prepaid will only be valid for two (2) year from the date of your last purchase or spend, whichever later. The expiry date set out in the Site shall serve as conclusive evidence of the expiry date of your TITUS online Prepaid. TITUS shall have the right to deal with the expired TITUS online Prepaid in such manner as TITUS deems fit in its absolute discretion. After the expiry of your TITUS online Prepaid, you hereby agree that you will have no claim whatsoever against TITUS.
• TITUS online Prepaid is only refundable in accordance to the terms stated under “Closure of TITUS online Account”. They cannot be resold, exchanged or transferred for value under any circumstances. TITUS online Prepaid shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
• You will not receive interest or other earnings on your TITUS online Prepaid. TITUS may receive interest on amounts that TITUS holds on your behalf. You agree to assign your rights to TITUS for any interest derived from your TITUS online Prepaid.
• You may check your TITUS online Prepaid balance in the Site. The TITUS online Prepaid balance set out in the Site shall serve as a conclusive evidence of your TITUS online Prepaid balance.
• As credit purchase may involve credit card transactions through a financial institution, in the event of any error in such transaction which results in chargebacks from the financial institution, TITUS reserves the right to clawback the credits (up to the disputed amount) from your TITUS online Prepaid or by any other way it deems fit in its sole discretion.
• TITUS has the right to forfeit your credit in TITUS online Prepaid where it reasonably believes that the credit purchase may be fraudulent, illegal or involves any criminal activity or where TITUS reasonably believes you to be in breach of the terms and conditions of this Agreement.

10. Pick-up

• The Site takes all pick-up arrangement data as per the Customer’s input. Pick-up arrangement is deemed valid only if it is submitted successfully. Status of all pick-up arrangements will be displayed in the Site. If no pick-up was performed, the Customer is responsible to notify TITUS, TITUS shall re-arrange another collection which is convenient for the Customer. If the Customer, For Members, cancellation of pick-up can be performed via the Site within 5 days of Waybill issue date, except on the pick-up date. After this period, Members need to call TITUS for cancellation of pick-up. For Guests, cancellation of pick-up can be performed via call to TITUS. Refunds will only be made for cancellation via the Site. Pick-up surcharge is charged separately for different pick-up locations, with a maximum of 10 waybills for each pick-up surcharge.

11. Delivery

• TITUS may deliver a Shipment to the receiver named on the waybill or to any other person appearing to have authority to accept delivery of the Shipment on the Customer's behalf (such as persons at the same address as the receiver). TITUS does not warrant that the Shipment will be handled delicately and the Customer shall expect rough handling of the Shipment throughout the passage. The Customer shall produce adequate and legibly designated address for each Shipment to enable effective delivery to be made otherwise TITUS shall be entitled to deal or dispose of any such undelivered Shipment as TITUS deems fit. The Customer shall comply with all applicable laws, rules and regulations, including but not limited to governmental regulations and laws of any country to, from, through or over the Shipment may be carried.
• If at any time the Carriage is or is likely to be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind (including the condition of the Shipment), whenever and howsoever arising (whether or not the Carriage has commenced) TITUS may without notice to the Customer abandon the Carriage of the Shipment and where reasonably possible place the Shipment or any part of them at the Customer's disposal at any place which TITUS may deem safe and convenient, whereupon delivery shall be deemed to have been made and the responsibility of TITUS in respect of such Shipment shall cease. In any event TITUS shall be entitled to full Charges on Shipment received for Carriage and the Customer shall pay any additional costs resulting from the above mentioned circumstances.

12. Closure of TITUS online Account

• Upon closure of TITUS online Account, Members with balance credit in their TITUS online  Prepaid shall have their balance refunded to their bank account, subject to administration fees, in accordance to the terms stated herein.

13. Customer's obligations

• The marking, labelling and packaging of any Shipment shall be the Customer's sole responsibility. The description and particulars of the Shipment set out on the face of the waybill are furnished by the Customer and the Customer warrants to TITUS that the description and particulars including, but not limited to, weight, content, measurement, quantity, quality, condition, marks, numbers and value are correct.
• The Customer shall comply with all applicable laws, regulations and requirements (including but not limited to any imposed at any time before or during the Carriage relating to anti-terrorism measures) of customs, port and other authorities and shall bear and pay all duties, taxes, fines, imposts, expenses and losses (including without prejudice to the generality of the foregoing, charges for any additional Carriage undertaken) incurred or suffered by reason thereof or by reason of any illegal, incorrect or insufficient marking, numbering or addressing of the Shipment.
• The Customer undertakes that the Shipment is packed in a manner adequate to withstand the ordinary risks of Carriage having regard to their nature and in compliance with all laws, regulations and requirements which may be applicable.
• No Shipment which are or may become dangerous (whether or not so listed in codes), inflammable, damaging, injurious (including radioactive materials), noxious or which are or may become liable to damage any property or Person whatsoever shall be tendered to TITUS for Carriage without TITUS's express consent in writing and the Container and/or other covering in which the Shipment is to be transported and/or the Shipment itself being distinctly marked on the outside so as to indicate the nature and character of any such Shipment and so as to comply with all applicable laws, regulations and/or requirements.
• If any such Shipment are delivered to TITUS without such written consent and/or marking or if in the opinion of TITUS the Shipment is or is liable to become dangerous, inflammable and/or damaging in nature, the same may at any time be unloaded, destroyed, disposed of, abandoned, or rendered harmless without compensation to the Customer and without prejudice to TITUS's right to additional charges incurred by TITUS from the Customer.
• Whether or not the Customer was aware of the nature of the Shipment, the Customer shall indemnify the Carrier against all claims, losses, damages or expenses arising in consequence of the Carriage of such Shipment.

14. Customs clearance

• The Customer warrants that each article in any Shipment is accurately described in the waybill and the Customer shall attach the relevant documents to meet the export or air carriage requirements. The Customer appoints TITUS as Customer's agent solely for performance of custom clearance. The Customer shall provide proper documentation whenever required.

15. No liability and/or limited liability

• Every Shipment is transported on a limited liability basis on the terms stated herein. TITUS's liability is strictly limited to direct loss and damage only. If the Customer requires greater protection, TITUS can arrange insurance for Customer covering the actual cash value in respect of loss of or physical damage to the Shipment, provided the Customer requests it via TITUS systems and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delay.
• Where the Warsaw or CMR conventions or any national laws implementing or adopting these conventions apply or where other mandatory national law applies, the liability of TITUS is governed by and will be limited according to the applicable rules.
• Where convention, regulations, rules or other mandatory national laws do not apply to the carriage of the Shipment under the waybill, TITUS will only be liable if loss, damage, delay, shortage, mis-delivery, nondelivery, misinformation or failure to provide information in connection with the Customer's Shipment, is proven to be resulted from the acts or omissions of the management of TITUS committed with the intent to cause such loss or recklessly and with knowledge that such loss would probably result and TITUS's total liability under any circumstances whatsoever shall not exceed RM200.00 per Shipment or the cost of replacement, whichever is lower. In the event, a higher value has been declared in which case the Shipment shall be insured by the Customer and the Customers' sole remedy shall be from the proceeds of the insurance policy.
• In the event the Shipment is insured by the Customer, the Customer shall name TITUS as the co-assured and shall waive all rights of subrogation under the insurance policy against TITUS. If the Customer fails to procure such insurance policies naming TITUS as co-assured and/or waive all rights of subrogation under the insurance policy against TITUS, the Customer shall indemnify, defend and hold TITUS harmless against all the consequences of having failed to comply with the provisions of this clause.
• TITUS SHALL NOT BE LIABLE, INCLUDING BUT NOT LIMITED TO, IN CONTRACT, TORT, EQUITY, NEGLIGENCE AND STRICT LIABILITY FOR ANY LOSS OF INCOME, LOSS OF MARKET, LOSS OF PROFIT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT LOSS OR DAMAGE WHATSOEVER AND HOWSOEVER CAUSED WHETHER TITUS KNEW OR OUGHT TO HAVE KNOWN OF THE VALUE OF ANY SHIPMENT AND / OR SUCH LOSS AND/OR DAMAGE MIGHT OCCUR.

16. Situations where TITUS shall not be held liable

• TITUS shall not be liable for the Customer's failure to comply with the conditions herein or resulting from the Customer's acts, negligence, default, misconduct or omission, including but not limited to inaccurate description of any Shipment; inadequate or inappropriate packaging, securing, marking or addressing of any Shipment; or for the act, default, negligence, misconduct, omission, violation of any conditions herein of the recipient or any one who has interests in the Shipment. TITUS shall not be liable for any loss, damage, delay, shortage, mis-delivery, non delivery, mis-information, or failure to provide information in connection with the items stated under the heading of "Items Not Acceptable for Carriage".
• TITUS shall not be liable for any loss, damage, delay, shortage, mis-delivery, non delivery, misinformation or failure to provide information in connection with Customer's Shipment which is
  1. beyond the reasonable control of the management of TITUS;
  2. resulting from of Acts of God and
  3. by the occurrence of a force majeure event including but not limited to 1) severe weather, 2) fire and flood ; (3) war, rebellion, sabotage, riot, terrorism; (4) strike or industrial dispute of whatsoever nature; (5) act or omission of local or overseas public authority and changes in applicable law; (6) disruption of air or ground network; (7) mechanical problems to modes of transportation / machinery or material shortage (i.e. fuel and electricity).
• TITUS shall not be liable for any losses and damages caused by any fraud, wilful acts, reckless acts, acts, omissions, gross negligence of any person (including its employees, servants, agents, affiliates, contractors, their agents and their respective employees / agents) and shall not be vicariously liable for any such action or omission for which the management of TITUS has exercised reasonable diligence.
• The Customer is aware that every waybill/ consignment notes (whether in blank or used) supplied by TITUS (whether by delivery of hardcopies or printing by the Customer via the Site) shall remain the property of TITUS. The Customer shall procure that every waybill/ consignment note shall be accounted for and shall only be utilized for packages to be delivered by TITUS and not otherwise. The Customer shall not misuse or distribute the waybill/ consignment notes for the Customer's/ third party(ies)' own purposes. The Customer shall indemnify and keep TITUS its agents, workmen or servants harmless against any liability, loss or damage (including bodily injury) of whatsoever nature direct or indirect sustained by TITUS, its agents, workmen or servants attributed, related to and/or howsoever arising from the Customers’ acts, omission, neglect, intentional or dishonest acts and/or any damage/ loss which is attributable, related to and/or howsoever arising from the customer/ third party(ies)' wrongful/ unauthorized use or distribution of the waybill/ consignment notes. This indemnity shall also include any liability, loss or damage as a result of any claim whatsoever and any summons, penalties, fines against TITUS by any third party or the relevant Authorities as a result of any act, omission, neglect or intentional acts by the Customer, its agents, workmen or servants and/or third party(ies) arising from/ attributed to the wrongful/ unauthorized/ misuse of any waybill/ consignment note.

17. Indemnification

• Customer irrevocably agrees to indemnify, defend, release and hold harmless TITUS as against any and all liabilities, claims, demands, suits, judgments, damages, losses, costs and legal fee (on a solicitor and client basis) in connection therewith or incident thereto, arising out of the Customer's failure to comply with the conditions herein or resulting from Customer's negligence, acts, defaults, misconduct or omissions or the Customer's errors in the declaration of the Shipment or the provision of erroneous information relating to the Shipment or non-declaration of the dangerous nature of the Shipment and/or the failure of the Customer to comply with all applicable import, export , customs and other laws and regulations which apply to the Shipment.

18. Items not acceptable for Carriage

• TITUS shall not carry the following items (or any item which contains any element thereof) (a) dangerous, hazardous, combustible, radioactive, explosive, corrosive, biohazard, inhalation hazard, perishables, poisonous gases, prohibited drugs; (b) any form of gold, silver, jewellery, precious or semi-precious item (eg. diamond, antique, artwork and etc), personal control documents (eg passport, identity card, birth certificate, credit card); (c) currency (note or coin) of any nationality or negotiable instrument equivalent to cash (eg.. endorsed stock, bond, cheque), livestock, plant and any item that is prohibited by local or (any) foreign law. Should the Customer tender for Shipment any items as aforesaid with TITUS, the Customer shall indemnify and keep TITUS harmless against any claim, loss, damage, including legal cost (on a solicitor-and-client basis) in connection therewith. TITUS shall be vested with the right to deal with such Shipment in any manner as it deems fit, including the right to abandon and destroy the Shipment. TITUS shall exclude its liability howsoever arising from such Shipment accepted by mistake on the part of TITUS.

19. Lien

• TITUS shall have a lien on the Shipment and any documents relating thereto for all sums whatsoever due at any time to TITUS under this Agreement. TITUS shall also have a lien against the Customer on the Shipment and any documents relating thereto for all sums due from the Customer to TITUS under any other contract. TITUS may exercise their lien at any time and at any place in their sole discretion, whether the contractual Carriage is completed or not. In any event any lien shall (a) survive the delivery of the Shipment and (b) extend to cover the cost of recovering any sums due and for that purpose TITUS shall have the right to sell the Shipment and documents by public auction or private treaty, without notice to the Customer and at the Customer's expense and without any liability towards the Customer.

20. Claim for and notice of Loss, Damage or Delay

• TITUS shall be deemed prima facie to have delivered the Shipment as described in the waybill unless notice of loss of, or damage to the Shipment, indicating the general nature of such loss or damage, shall have been given in writing to TITUS or to their representative at the place of delivery before or at the time of removal of the Shipment into the custody of the person entitled to delivery thereof under the waybill. If the recipient accepted the Shipment by endorsing on the Proof of Delivery whether electronically or nonelectronically, without raising any damage, shortage or dispute, TITUS shall be deemed to have discharged its responsibility / liability towards the Customer and / or over the Shipment.
• Any claim by the Customer for loss, damage or delay to the Shipment shall be made in writing within fourteen (14) days from the date when the Shipment should have reached the designated destination failing which TITUS shall have no liability whatsoever. The content, original shipping carton and packaging of the Shipment shall be made available to TITUS within Seven (7) days from the date of written notification in order for TITUS to evaluate the claim for damage. No claim shall be entertained unless all outstanding amounts due to TITUS from the Customer have been fully settled. The amount of any claim shall not be set-off against any amount owing to TITUS.
• TITUS shall be discharged of all liability whatsoever in respect of the Shipment unless suit is brought in the proper forum and written notice thereof received by TITUS: (i) in respect of loss, damage or delay during Carriage by air, within 2 years after delivery of the Shipment or the date when the Shipment should have been delivered or any other time limit compulsorily imposed by applicable convention, rules or regulations whichever is the later (ii) in respect of loss, damage or delay during Carriage other than by air, within 30 days or any other time limit compulsorily imposed by applicable rules or regulations, whichever is later, after delivery of the Shipment or the date when the Shipment should have been delivered.
• In the event that such time period shall be found contrary to any convention or law compulsorily applicable, the period prescribed by such convention or law shall then apply but in that circumstance only.

21. Mandatory law

• If any condition herein is held to be illegal under present or future law, such provision shall be fully severable and nothing of such shall affect the validity of this entire Agreement. This Agreement shall be governed by Malaysian Laws and shall be subject to the exclusive jurisdiction of the Malaysian Courts 

22. Privacy Notice

• The Personal Data Protection Act 2010 (PDPA) is enforced. Please visit www.titusexpress.com for more information on the Privacy Notice. You hereby agree to the privacy policy contained in the Privacy Notice.