IMPORTANT NOTICE

When you are ordering the TA·Q·BIN Service as a consigner, and are agreeing, on your behalf and on behalf of anyone else with an interest in the Delivery Item, unless the Specific Terms and Conditions apply as agreed in writing by an authorized officer of Yamato and yourself, these Standard Terms and Conditions set out herein shall apply to the relevant TA·Q·BIN Service. Yamato reserves the right to add, amend or cancel any Standard Terms and Conditions without any notice to you from time to time and the contents are also subject and subordinate to applicable laws, rules and regulatory directions enforced in Hong Kong from time to time.

The latest Standard Terms and Conditions can be found at Yamato’s designated branches, offices and agents’ offices providing the TA·Q·BIN Service as per instructions of Yamato.

• Definitions
  • “Yamato”, “us” and “our” refers to Yamato Logistics (Hong Kong) Limited, its subsidiary, branch, affiliate, agent, or independent contractor, which originally accepts your Delivery Item.
  • “Delivery Item” means all packages which are tendered to and accepted by us on one waybill.
  • “Personal Data” means any data relating directly or indirectly to an individual, from which it is possible and practical to ascertain the identity of the individual from the said data, in a form in which access to or processing of the data is practicable.
  • A. “waybill” shall include any Delivery Item/Shipment identifier or document produced by Yamato or consignor/shipper automated systems such as a label, barcode or waybill as well as any electronic version thereof.
• Application
  • You hereby agree that you have applied for use of the TA·Q·BIN Service subject to the Standard Terms and Conditions and the consignment note, waybill or invoice (the “Consignment Note etc.”) issued to you by Yamato in connection with your application for use of the TA·Q·BIN Service shall incorporate in these Standard Terms and Conditions.
• Customer’s Obligations
  • You shall ensure that the Delivery Item is securely properly and sufficiently packed, labelled and/or prepared in a case, wrapper or container appropriate to the nature and weight of the Delivery Item such that no part of the Delivery Item may be removed without the case, wrapper or container being torn or broken, a seal being broken or two adhesive surfaces being forced part. In the event that packing of the Delivery Item is deemed by Yamato to be unsuitable for transportation, you shall, upon notification by Yamato, re-pack the Delivery Item in a suitable case, wrapper or container in accordance with Yamato’s directions. Yamato shall not be liable for loss or damage arising from insecured, insufficient and/or improper packing.
  • You shall ensure that the Delivery Item is adequately packed in a case or container of sufficient durability and strength so as to protect against damage to the contents during the course of delivery and shall be encased in or surrounded by sufficient and suitable protective material inside that case or container and that such Delivery Item shall bear the words “FRAGILE WITH CARE” in the case of a Delivery Item of a fragile nature and “DO NOT BEND” in the case of a Delivery Item which is susceptible to damage by bending, prominently displayed in capital letters on the face of the case or container and above the address of the named addressee.
  • You shall state on a consignment note provided by Yamato in respect of each Delivery Item all information required in the consignment note, including but not limited to you as consigner and the addressee’s name, delivery address and telephone number; description of the contents and special precautions to be taken in respect of the Delivery Item in the course of the delivery.
  • All instructions on delivery you provided to Yamato should be complete and accurate. If the addressee’s address, contact number or other information is found to be incomplete or incorrect, Yamato shall use reasonable efforts to contact you for clarification and to return, forward or redeliver the Delivery Item at your cost. However, Yamato assumes no responsibility for our inability to complete delivery under such circumstances.
• Refusal of Delivery Item/Shipments
  • You hereby agree and acknowledge that Yamato may, at its absolute and sole discretion, decline to deliver any item where Yamato is of the opinion that it is unable to deliver any item safely or legally including without limitation the following items:
    1. explosives, firearms or other offensive weapons, flammable or hazardous materials, poisonous or infectious substances, blood or blood products (whether infectious or not), dangerous or undesirable goods or all items prohibited by the International Air Transport Association, the International Civil Aviation Organization or any applicable government authority or other relevant organization or under any applicable law or regulation;
    2. the goods are classified as dangerous goods or Yamato believes that it cannot be carried safely or legally, including but not limited to live animals and parts thereof, currency, bearer instruments, negotiable instruments, counterfeit goods, precious metals and stones, firearms and parts thereof, ammunitions, human or animal remains, memorial tablets, any items for use in religious ceremonies, pornography, illegal narcotics/drugs; or
    3. credit cards, debit cards or cash cards;
    4. personal documents issued by government authorities such as identification cards, passports, driver’s licences, birth certificates etc.;
    5. original copies of any record, drawing, document or electronic recording of which duplicates or copies have not been made and kept by you;
    6. documents containing substantial amount of confidential information;
    7. no customs declaration is made when required by applicable customs regulations;
    8. consignee/receiver’s address is incorrect, incomplete or not properly marked or Delivery Item’s packaging is defective or inadequate to be carried safely with ordinary and reasonable care. Yamato shall have the absolute right to deal with the delivery item/shipment as it sees fit, including destroy any unacceptable delivery item/shipment as specified in this clause.
    9. any package (or its contents thereof) of a value exceeding HK$5,000.
  • In the event that Yamato discovers during the course of delivery that a Delivery Item consists of any goods, items, products or materials referred to in Clauses 4.1 above, Yamato reserves the right to dispose of the Delivery Item and/or take appropriate action [at your own cost], including reporting the relevant governmental/statutory authority forthwith as it thinks appropriate and shall notify you of the disposal or such action (if Yamato is not under the duty of secrecy) within a reasonable period from the disposal.
• Yamato’s Right to Inspect Contents
  • Yamato may, at any time, in its absolute and sole discretion, open and inspect the contents of the Delivery Item for any reason whatsoever including without limitation the verification of the contents of the Delivery Item. If upon such opening and inspection by Yamato, the description and declaration of the contents of the Delivery Item is verified as being incorrect or misleading, Yamato may, in its absolute and sole discretion, refuse to accept such Delivery Item without giving any reason or it may revise the Fees (defined hereunder) applicable to the contents discovered and Yamato shall notify you any change in the Fees.
• Consignor/shipper’s Warranties and Indemnity
  • Consignor/shipper shall keep Yamato indemnified against all demands, claims, action, proceedings, costs, charges or expenses including but not limited to penalties, storage charges, retrieval and administrative costs, duties and taxes incurred, suffered or sustained by Yamato in connection with the delivery service provided to you by Yamato upon your instructions; or in connection or resulting from the consignor/shipper’s failure to comply with any applicable laws or regulations and for the consignor/shipper’s breach of the following warranties and representations:
    1. all information provided by the consignor/shipper or its representative(s) is legible, complete and accurate;
    2. the Delivery Item was prepared securely and sufficiently packed to ensure safe transportation with ordinary and reasonable care and was protected against unauthorized interference during preparation, storage and transportation to Yamato;
    3. the Delivery Item is properly described and correctly labelled;
    4. the Delivery Item shall comply with all applicable customs, import, export, data protection laws and other laws and regulations;
    5. consignor/shipper has obtained all necessary consents in relation to consignee/receiver’s Personal Data provided and disclosed to Yamato; and
    6. the waybill has been signed by the consignor/shipper or the consignor/shipper’s authorized representative on its behalf and on behalf of the consignee/receiver and anyone else with an interest in the Delivery Item and these Terms and Conditions constitute binding and enforceable obligations of the consignor/shipper and its representatives.
• Charges
  • In consideration of Yamato’s provision of the TA·Q·BIN Service, you shall pay to Yamato such amount of fees as determined by Yamato upon your application for use of the TA·Q·BIN Service (“Fees”). The schedule of Fees prevailing from time to time can be found at each of Yamato’s designated branches and offices and agents offering the TA·Q·BIN Service.
  • Notwithstanding Clause 5.1 above, Yamato reserves the right to claim additional Fees incurred by Yamato upon re-weight and re-measured of the Delivery Item or to claim the Fees from the addressee of the Delivery Item upon delivery.
  • There will be no refund of the Fees once paid to Yamato, save in cases where any of the events in Clause 9.1(d) results in delay in delivery or damage to the Delivery Item which Yamato deems significant.
• Declared Value
  The consignor/shipper agrees the declared value on this waybill is equivalent to the actual cash value of the Delivery Item (“Declared Value”). The Declared Value of a Delivery Item must be evident by an authentic, valid and original commercial invoice or receipt, which Yamato shall have the sole and absolute discretion to accept, inspect and verify thereof to its satisfaction or to reject thereof without giving any reason.
• Transport and Routing
  Consignor/shipper acknowledges and agrees to all routing and diversion, including the possibility that the Delivery Item may be carried via intermediate stopping places
• Customs Clearance
  • Consignor/shipper appoints Yamato as the agent solely for the purpose of clearing and entering the Delivery Item through customs. Yamato may itself complete or authorize a third party or redirect the Delivery Item to consignee/receiver’s import broker or other address upon request by any person whom Yamato believes in its reasonable opinion to be authorized to perform customs clearances and/or entries.
  • To the extent that Yamato may voluntarily assist consignor/shipper in completing the required customs and other formalities, such assistance will be rendered at consignor/shipper’s sole risk and expense. If any customs authority requires additional documentation for the purpose of confirming the import/export declaration, it is consignor/shipper’s responsibility to provide the required documentation at consignor/shipper’s expense.
• Delivery schedule and delay of delivery
  Yamato will make reasonable efforts to deliver the Delivery Item according to Yamato’s regular delivery schedules and arrangements. However, these schedules are not binding and do not form part of the contract between Yamato and consignor/shipper and/or consignee/receiver. Yamato is not liable for any damages or losses whatsoever arising as a result of the delay caused by us.
• Deliveries and Undeliverable
  • The Delivery Item cannot be delivered to PO boxes or postal codes so Yamato reserves its right to refuse to accept such Delivery Item as described in Clause 4.1 above
  • Delivery is deemed to have been completed where the Delivery Item is delivered to the addressee of address (i.e. the management office of building) and/or alternative addressee as specified by you but not necessarily to the named addressee personally.
  • In the event that the addressee is found to be absent from the address specified by you and no other persons are present to take delivery of the Delivery Item, the Delivery Item will be held at any of Yamato’s offices or branches and a delivery failure report shall be made at such office or branch containing the following particulars: the attempted time and date of delivery and telephone number for inquiries regarding retrieval of the Delivery Item.
  • In the event that the named addressee refuses to take delivery of the Delivery Item or refuses to pay the Fees, the Delivery Item has been deemed by Yamato to be unacceptable for delivery in accordance with clause 4 or it has been undervalued for customs purposes; or the Receiver cannot be reasonably identified or located, and Yamato shall notify you of the delivery failure and seek your instructions as to the appropriate action to be taken, or Yamato shall use reasonable efforts to return the Delivery Item to the consignor/shipper at the consignor/shipper’s cost, failing which the Delivery Item may be released, disposed of or sold by Yamato without incurring any liability whatsoever to the consignor/shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance (if any)to be returned to the consignor/shipper.
  • In the event that you do not provide instructions regarding the appropriate action to be taken within a period of 90 days after Yamato has notified you of a delivery failure, the Delivery Item may be disposed of by Yamato at it sole discretion but at your costs (and such costs will be forthwith reimbursed by you upon Yamato’s request or Yamato reserves its right to ask the advance payment of such costs from you). Without prejudice to the foregoing, in the event that the contents of the Delivery Item are found by Yamato to be perishable or otherwise susceptible to changes in quality, Yamato has the right to immediately dispose of the item without waiting for the expiry of the 90-day period. However, Yamato shall use its commercially reasonable endeavor to notify you upon such disposal.
• Loss or Damage
  • In the event that Yamato discovers that there has been loss of or damage to the Delivery Item in the course of the delivery, Yamato shall notify you of such loss or damage within a reasonable period and shall seek instructions from you with respect to the appropriate action to be taken. Yamato reserves the right to decline to accept any further instructions for any reason whatsoever.
  • In the event that you do not provide further instructions regarding the appropriate action to be taken within a reasonable period upon Yamato’s notification, Yamato shall, at your costs (and such costs will be forthwith reimbursed by you upon Yamato’s request or Yamato reserves its right to ask the advance payment of such costs from you), take such action in relation to the Delivery Item as it deems appropriate, including without limitation, re-delivery of the Delivery Item to you or disposal or retention of the Delivery Item, and shall notify you of the same.
• Yamato’s Liability
  • Yamato shall not be liable for loss or damage arising from or in connection with:
    1. the delivery of any of the articles set out in Clause 4.1 above (where Yamato was not aware that the contents of a Delivery Item comprised or included such articles);
    2. your failure to provide complete and accurate delivery instruction and sufficient packing in respect of a Delivery Item on the Consignment Note etc. as required under Clauses 2 above;
    3. the misalignment, wear and tear, dearrangement, heat, mould, rot, discolouration, degeneration, explosion, ignition or the hazardous, perishable, corruptible, fragile, or brittle nature of the contents of the Delivery Item;
    4. Yamato’s failure to perform any of its obligations hereunder as a consequence of circumstances outside its control, including without limitation to acts of public authorities acting with actual or apparent authority; any act or omission by a person not employed or contracted by Yamato, e.g. consignor/shipper, consignee/receiver, customs, government officials or third party; the application of security regulations imposed by the government or otherwise applicable to the delivery location; Force Majeure – e.g. riots, strikes, labour disputes, civil unrest, disruptions or failure of communication and information systems (including, but not limited to Yamato’s communication and information systems), disruptions of any kind in air or ground transportation networks, such as weather phenomena, and natural disasters including earthquakes, cyclone, storm, flood etc.
  • Yamato shall not be liable for indirect or consequential loss or damage, including without limitation loss of profit, income, interest, future business or anticipated savings, even if the risk of such loss or damage was brought to Yamato’s attention before or after acceptance of the Delivery Item.
• Claims
  • Any claims for damage to and/or loss of the Delivery Item must be made within 14 days from the date on which Yamato accepts for the Delivery Item for delivery, failing which Yamato shall have no liability whatsoever.
  • All claims must be made in writing, accompanied by the original Consignment Note etc. and other supporting documents requested by Yamato and submitted to the following address:

  YAMATO LOGISTICS (HONG KONG) LTD.

  25/F., Port 33, 33 Tseuk Luk Street, San Po Kong, Kowloon, Hong Kong

  • Claims are limited to one claim per Delivery Item, settlement of which shall be full and final settlement for all loss or damage in connection therewith.
  • Without prejudice to Clause 14 and provided that Yamato is satisfied that your claim is justified, Yamato’s liability for any loss of the Delivery Item shall be limited to the cost of the Delivery Item as indicated by you upon acceptance of the Delivery Item by Yamato or HK$700 per Delivery Item, whichever is lower(“Compensation Limits”).
  • In the case of damage to the Delivery Item, the amount of compensation shall be based on Yamato’s own assessment of the extent of the damage to and the actual cash value of the contents of the Delivery Item provided always that the amount of compensation shall not exceed the Compensation Limits.
  • Yamato is not obliged to act on any claim until all the Fees and/or transportation chargesin respect of any Delivery Item have been paid. The claim amount may not be deducted from the Fees and/or these charges or from any outstanding balance owed to Yamato by you under any services provided to you by Yamato.
  • Save in cases of a delivery failure and provided that Yamato is satisfied that your claim is justified, Yamato’s liability for any loss or damage arising from Yamato’s failure to deliver a Delivery Item by the Preferred Delivery Date shall be limited to the amount of the Fees charged in respect of that Delivery Item.
  • Without prejudice to Clause 14 and provided that Yamato is satisfied that your claim is justified, Yamato’s liability for any loss or damage of the document item shall be limited to the amount of the Fees charged in respect of that Document Shipment. Yamato will not compensate any amount exceeding the amount of the Fees paid by customer even if the reissue of such document item costs more than the amount of the Fees.
  • For the avoidance of doubt, in any event, Yamato’s liability shall not exceed the Compensation Limits even if there is both damage to a Delivery Item as well as a delay in its delivery of the Delivery Item and therefore you shall arrange insurance for the Delivery Item at your own cost if you require greater protection against the Delivery Item.
  • All of the original shipping cartons, packing and contents of the relevant Delivery Item must be retained until the claim is finalized and concluded. Yamato reserves the right to retrieve the damaged Delivery Item for inspection. You hereby agree that the ownership of the damaged package and contents of the Delivery Item are belonged to Yamato once compensation has been settled and it shall be final and conclusive settlement between Yamato and you. Yamato shall not be able to compensate for the damage if you fail to return the damaged Delivery Item.
• Governing Law
  The Standard Terms and Conditions shall be subject to and construed in accordance with the laws of Hong Kong. The parties hereby irrevocably submit to the non- exclusive jurisdiction of the courts of Hong Kong.
• Data Privacy Policy
  • By signing of the Consignment Note etc., you shall authorize Yamato to use your personal data for all lawful purpose including but not limited to disclosure of your personal data by Yamato to any government and/or regulatory authority where it is necessary under the applicable laws and regulations.
  • You acknowledge and authorize that your personal data will be processed by Yamato when providing the TA-Q-BIN Service, for the purpose of facilitating the delivery operation, including but not limited to data transfer to potential sub-contractors and delivery address analysis for delivery forecast.
• Severability
  The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.

Should there be any discrepancy between the English and other language versions of this Standard Terms and Condition, the English version shall prevail.