Amilo International Pte. Ltd. & All of Its Subsidiaries
“Amilo” means Amilo International Pte. Ltd. and all of its subsidiaries. “Logistics Service” mean any service offered by Amilo.
“Fulfillment Service” includes but is not limited to inventory storage, management and fulfill- ment as individually agreed between the Parties.
“Shipping Service” includes but is not limited to the consolidation and shipping of shipments domestically and globally via selected logistics partners.
“Product” means one or more items of any kind of goods which the Customer hands over to Amilo for its Fulfillment Service, or one or more mail or parcel items containing goods or press items or dialogue marketing material or other items or materials which the Customer hands over to Amilo for its Shipping Service, and which may be transported and delivered by any means of transport selected by Amilo, whether by air, road or any other means of transport. Each such shipment is transported under limited liability pursuant to these GTC.
“Parties” refers to the Customers and Amilo, and “Party” refers to each of Customer and Amilo.
“Customer” means the party receiving Logistics Services from Amilo in accordance with a re- spective agreement.
“Recipient” means the addressee to whom the Product is sent to.
“Prohibited Goods” have the meaning as defined in Section IV of these GTC.
- These GTC shall apply to all agreements between Amilo and the Customer regarding the Logistics Services and any possible ancillary Logistics Services, unless otherwise agreed in writing by Amilo.
- The Customer’s general terms and conditions shall not apply and are herewith explic- itly excluded, even if Amilo has accepted the Product without any express objection. Any terms and conditions which amend or modify these GTC shall be agreed in writing between the Parties.
III. AGREEMENT AND SERVICES
- Contracts regarding the Logistics Services are concluded between the Customer and Amilo, either in written form or by way of hand-over of the Product and acceptance of the same for fulfillment, transport and delivery in accordance with these GTC.
- Amilo accepts Product from the Customer at the sites of Amilo, or picks up such Prod- uct at the agreed sites of the Customer, in order to manage its Fulfillment and Shipping Services.
- The Customer shall label the Product correctly and provide all necessary details to ena- ble Amilo to perform the services including fulfillment, transport and delivery, settling of damages claims and/or return of the Product, as the case may be.
- Amilo will accept special instructions from the Customer for the Product only if these instructions are notified in the agreed form or in a separate agreement between the Parties. Amilo is not obliged to comply with any special instructions if these are issued only after the Product has been handed over for fulfillment, transport and delivery.
- The Customer agrees to all routing and diversion, including the possibility that the Product will be transported via intermediate stops, at the sole and absolute discretion of Amilo.
IV. GOODS AND PRODUCTS
- Amilo shall not undertake the Logistics Services which contains any dangerous goods (as defined by the International Air Transport Association, Dangerrous Goods Regula- tions [DGR] which includes any amendments, updates or supplements that may be is- sued from time to time), which along with the prohibited items list, constitute Amilo’s list of Prohibited Goods. Prohibited Goods include, but are not limited to the items listed below, and as may be updated from time to time by Amilo (the latest updated list is available at amilo.co):
- Product that the content, external form, transportation or storage of which vio- lates a statutory prohibition or a prohibition by a public authority, in particular – but without limitation – regulations regarding export, import or customs law of the countries of origin, destination or transit, or goods for which special equipment (e.g. for temperature-controlled goods), safety precautions or au- thorizations are required;
- Product that the transportation of which is prohibited or is subject to special re- strictions under applicable laws and regulations;
- Product that the transportation and/or storage of which is subject to hazardous goods regulations, including but not limited to goods that are not completely free from restrictions under applicable laws and regulations;
- Product that the content of which violates intellectual property rights, includ- ing forged, counterfeit or unlicensed copies of products (brand and trademark piracy);
- Product that the content or external characteristics of which may cause death or injury to or infection of persons or damage to property;
- Product that containing live animals or human remains; with the exception of invertebrates if and where permitted under the provisions of applicable laws and regulations;
- Product that containing narcotics or intoxicants;
- Product that containing cash or other methods of payment, precious metals, works of art, jewelry, watches, precious stones or other valuables or securities (unless otherwise agreed by Amilo in its sole and absolute discretion);
- Unfranked or insufficiently franked Product, and Product transported or posted with the intention of fraudulently obtaining the transport service without pay- ing for it;
- Product that contain weapons, especially firearms, or parts thereof, imitation weapons or ammunition; and
- Product which contain obscene or pornographic articles.
- The Customer warrants that the Product do not contain any Prohibited Goods and has been correctly packaged and is appropriately protected. Notwithstanding any other rights of Amilo, the Customer shall indemnify Amilo from any liability for third-party claims resulting from the transportation or delivery of Prohibited Goods or other inad- missible or unlawful goods. The contractual liability of Amilo for its own conduct and that of its agents or subcontractors remains unaffected.
- The Customer undertakes to indemnify Amilo promptly upon first demand against any loss or damages arising out of any alleged third-party claims and any other loss or dam- age that Amilo incurs as a result of the fulfillment, transportation or delivery of the Prohibited Goods. The indemnity by the Customer shall also cover the expenses in- curred by Amilo in connection with the provision of information, confiscation by the customs authorities or border seizure which are required by law or have been ordered by a court or a government authority.
- If the Product contains Prohibited Goods or the Product – because of its nature (size, format, weight, contents, etc.) or for other reasons – does not comply with Section IV (1) above or with the other provisions of these GTC, Amilo shall be entitled to:
- refuse acceptance of the Product;
- if the Product has already been handed over, abandon it, dispose of it, hand it over to the relevant authorities, return it or store it until its collection and to invoice the Customer for any additional costs incurred as a result of taking any of the aforementioned measures; or
- transport the Product without notifying the Customer and, if necessary and/or required by law, to choose a different route (e.g. by road and sea instead of by air freight as planned) and to invoice the Customer for any additional costs in- curred as a result,
without incurring any liability to the Customer, Recipient or any other third party.
Amilo shall also be entitled to exercise the rights referred to in the paragraph above if it suspects that the Product contains Prohibited Goods or that there are any breaches of contract and the Customer fails to comply with Amilo’s request to supply infor- mation.
- Amilo is not obliged to check whether the Product contains Prohibited Goods. However, Amilo shall be entitled to open the Product and inspect the contents if it suspects that the Product contains Prohibited Goods. In addition to the foregoing, Amilo has the right to open and inspect the Product without notice for security or customs or other valid reasons. Further, Amilo carries out regular checks in accordance with the applica- ble statutory aviation security regulations and if goods which may not be transported by air are found, or if there is reason to suspect that these goods ought not to be trans- ported by air, Amilo shall be entitled to transport the goods by land or sea, notwith- standing its other rights under Section IV (4).
V. DELIVERY AND NON-DELIVERABLE
- The Product shall be delivered to the Recipient's address specified by the Customer, though not necessarily personally to a Recipient named in person. Shipments to ad- dresses with central mail departments shall be delivered to these departments.
- If necessary for the return of undeliverable shipment, the Customer agrees that a corre- sponding return label as per Amilo’s requirements shall be attached to such shipment. The Customer shall use best efforts to assist Amilo in returning such shipment, and par- ticularly to furnish all necessary customs documents and all other documents and in- formation which may be required for the return.
- If the Recipient refuses to accept a shipment or refuses to make payment, Amilo shall be entitled to release, sell, destroy or otherwise dispose of such shipment without in- curring any liability to the Customer, Recipient or any other third party.
- Unless special instructions are issued in accordance with Section III (4), if an undelivera- ble shipment is returned in accordance with Sections V (2) and 5 (3), Amilo reserves the right to determine the timeframe for, the manner (i.e. whether individually or on a con- solidated basis) and the mode of transport for such returned shipment.
- The Customer shall pay to Amilo the agreed charges for the agreed services.
- All prices indicated are net prices and are exclusive of any taxes, customs duties and fees. Such taxes, customs duties and fees shall be invoiced to and payable or reimburs- able by Customer.
- All invoices shall be due and payable by the Customer, without deduction or set-off, within the credit period granted by Amilo.
- In case of non-payment by the Customer of any outstanding amount, Amilo shall be en- titled to suspend any or all of the services, charge interest on all overdue amounts from the due date until payment and/or exercise such other right or remedy in respect of such outstanding amount.
- In the event that the Customer’s original choice of service and/or product is no longer applicable or available for any reason, Amilo reserves the right to select the next best available or appropriate service and/or product in respect of the Customer’s Product and the charges for the service and/or product actually performed shall constitute the charges for the said Product.
- Amilo reserves the right to charge based on the higher of actual weight or dimensional weight per piece and any shipment may be re-weighed by Amilo to confirm this calcula- tion. This is referred to as “chargeable weight” and may be billed on a separate invoice.
- Amilo' s liability for any and all services is strictly limited to direct loss and damage to the Product and to the limits of liability set out in this Section VII. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to Amilo’s attention before or after acceptance of the Product.
- Amilo’s liability in respect of any Product is limited to the value mentioned in the Cus- tomer contract or the actual value of the Product, whichever is lower.
- All claims must be submitted in writing to Amilo within thirty (30) days from the date that Amilo accepted the Product, failing which Amilo shall have no liability whatsoever. Claims are limited to one claim per Product, settlement of which will be full and final settlement for all loss or damage in connection therewith. All of the original shipping cartons, packing and contents must be made available for Amilo’s inspection and re- tained until the claim is concluded. Amilo is not obliged to act on any claim until all service charges have been paid.
- The Customer warrants that neither the receipt, storage, transportation nor the deliv- ery of its Product will expose Amilo or its employees, servants, agents, subcontractors, insurers or reinsurers to any sanction, prohibition or penalty (or any risk of sanction, prohibition or penalty) whatsoever imposed by any state, country, international govern- mental organization or other relevant authority (collectively "Sanctions") by reason of the content of the Product, any insurance of the Product taken out by the Customer or any other person with an interest in the Product, the destination of the Product, the in- tended consignee of the Product or the purchaser or end user of the content of the Product.
- The Customer warrants in particular, that:
- The Product shall not include any goods which appear on any applicable list of prohibited goods as shall be determined from time to time by the United States, the United Nations, the European Union, the country of origin, country of desti- nation and any transit countries;
- the storage and delivery of its Product to the intended consignee will not, in and of itself, contravene any of the prohibitions set forth from time to time by the United States, the United Nations, the European Union, the country of origin, country of destination and any transit countries; and
- the storage and delivery of this Product to the intended consignee will not, in and of itself, result in any funds or economic resources being made available di- rectly or indirectly to or for the benefit of any person entity or body which is listed or designated in any Sanctions or legislation covering Denied Parties as set forth from time to time by the United States, the United Nations, the Euro- pean Union, the country of origin, country of destination and any transit coun- tries.
- The Customer agrees to provide Amilo immediately on request with full information about the nature of its Product and their intended use, as well as the identities of all parties which have any legal, financial or commercial interest in the Product.
- Amilo is entitled to inspect the Product and, in particular, is entitled to access any data or information contained in any electronic storage medium and Amilo shall not be re- sponsible for any delay or damage caused as a result of that inspection provided that Amilo shall take reasonable care in inspecting the Product. Where data or information is protected by a password, details of that password shall be provided to Amilo by the Customer on request.
- The Product shall indemnify Amilo against all loss, damage, fines and expenses whatso- ever, including but not limited to exposure of Amilo, its employees, servants, agents, subcontractors, insurers or re-insurers to any Sanctions arising or resulting from any non-declaration or illegal, inaccurate and/or inadequate declaration in respect of the Product by the Customer or from any other cause in connection with the Product for which Amilo is not responsible.
- If it appears, in the reasonable judgment of Amilo that the Product (or any activities re- quired in respect of the Product by Amilo or any other person) may expose Amilo or their employees, servants, agents, subcontractors, insurers or reinsurers to any breach of Sanctions or risk of breach of Sanctions, then:
- Amilo may refuse to store or deliver the Product or alternatively Amilo may, without notice to the Customer, take any measure(s) and/or incur any addi- tional expense to carry or to continue the Product thereof, and/or abandon the Product and/or store the Product ashore or afloat, under cover or in the open, at any place, which abandonment or storage shall be deemed to constitute due performance by Amilo of all of its obligations in respect of that Product;
- The Customer shall indemnify Amilo against any additional expense so incurred;
- The Customer shall indemnify Amilo against any and all claims whatsoever brought by any third party in respect of the Product; and
- Amilo may, without notice to the Customer, provide any state, country, interna- tional governmental organization or other relevant authority with full infor- mation about the Product, including the identities of all parties which have any legal, financial or commercial interest in the Product.
IX. FORCE MAJEURE
Amilo is not liable for any loss or damage arising out of circumstances beyond Amilo’s control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Product, even if known to Amilo; any act or omission by a person not employed or contracted by Amilo, e.g. Customer, Recipient, third party, customs or other government official; “Force Majeure” - e.g. earthquake, cyclone, hurricane, storm, flood, fog, radiation contamination, pandemic, war, plane crash or embargo, riot or civil commotion, industrial action or disputes, etc.
X. WARRANTIES OF THE CUSTOMER AND INDEMNIFICATION
The Customer shall indemnify Amilo from liability for loss or damage resulting from the Cus- tomer’s failure to comply with the following warranties and representations:
- all documents and information provided by the Customer or its representatives are complete and accurate;
- the Product is acceptable for storage and transport under Section IV above;
- the Product was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation to Amilo;
- the Product is correctly labeled, addressed and packaged so as to ensure safe transpor- tation with ordinary care in handling;
- the Customer has complied with all applicable customs, import, export, data protection laws and regulations, sanctions, embargoes and other laws and regulations; and
- the Customer has obtained all necessary consents to provide Amilo with personal data including the Recipient’s data as may be required for transport, customs clearance and delivery.
XI. DATA PROTECTION
In the event any information submitted by the Customer to Amilo contains personal data that is subject to the protection of applicable privacy and data protection laws and regulations, Amilo shall limit the disclosure and processing of the personal data to such extent as is reason- ably required to effect performance of the services, to manage and administer the Customer’s account(s) with Amilo, to advertise products and services provided by Amilo (subject at all times to the Customer’s right to decline and Amilo’s compliance with applicable privacy and data protection laws and regulations) and for such other purposes as may be required by law, including, communicating the same to customs authorities. The Customer warrants that all personal data provided to Amilo has been fairly and lawfully obtained and the Customer has the authority to disclose such personal data to Amilo for the purposes mentioned above. The Customer shall fully indemnify and keep Amilo fully indemnified against any and all liability in- curred by Amilo as a result of such breach howsoever arising.
XII. FINAL PROVISIONS
- Any dispute arising under or in any way connected with these GTC shall be subject to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country in which the Product was handed over to Amilo.
- The invalidity or unenforceability of any provision of these GTC shall not affect any other part of these GTC.
- A person who is not a party to these GTC may not enforce any term of these GTC under any laws purporting to grant such rights which is hereby excluded to the extent permis- sible but this does not affect any right or remedy of a third party which exists or is avail- able apart from such laws.
Published: July 2022