TERMS OF SERVICE

 

By using products and services provided by Floship Limited(“FSL” or “we”), You (“Customer”) hereby explicitly agree to the following:

1.1) FSL will regularly provide formats and requirements for data submission. Data includes all transactions and information related processing orders.

1.2) FSL is not liable for delays due to submissions which either deviate from our requested formats or which are sent through improper channels. For example, if an order was emailed to a wrong party, or sent using incorrect formats.

 

2.1) For export and import shipments, it is the responsibility of the Customer to determine all customs, duties, and taxes related to each product and country of import. Unless instructed otherwise, FSL will instruct all carriers to bill all customs, duties, and taxes to the recipient.

2.2) FSL uses the shipment value(s) instructed by the Customer explicitly. FSL provides a fulfillment service in regards to customs declaration and the values presented to customs are determined by our customer as we are not privileged to the actual transaction prices of the items.

2.3) Unless instructed specifically, FSL uses its best judgment for packaging and gift packaging of shipments. FSL is not liable for claims of non-physical losses or damages resulting from its packaging and gift packaging decisions.

2.4) FSL is not liable for any claims on non-performance by the courier. This includes delayed deliveries and mistaken deliveries. We may provide reasonable assistance to our customers in connection with claims against couriers, however, we are not responsible for the actions of the couriers. Any reimbursements or compensation from such claims will be credited to the customer’s account within 30 days of actual receipt by FSL.

2.5) FSL is not liable for incorrect shipment of goods due to mislabeling of products delivered to FSL warehouses for receiving.

2.6) If goods are not labeled, FSL will not be liable for incorrect receipt, fulfillment, or stock count of the goods. You may engage FSL to label products upon receipt.

2.7) FSL may at times be charged for services in directly provided the courier service to you. These charges may include customs and brokerage fees and extended areas (aka rural area, out of delivery area) charges. FSL reserves the right to charge those services to your account.

 

3.1) Insurance may be purchased at the discretion of the Customer. Rates are published and updated regularly and subject to change without prior notice, which is standard for the logistics industry.

3.2) Unless specifically informed, FSL will never purchase insurance on your behalf.

3.3) All liability for damages and losses passes to the courier once the courier has received the goods.

3.4) Compensation for losses and damage of goods covered by insurance compensation will be credited to the Customer’s account within 30 days of FSL actually receiving payment from the courier and/or the insurer, as applicable.

 

4.1) Packages that are shipped on courier accounts other than FSL’s accounts will be charged a documentation handling fee. This is a handling fee only and does not replace the work of advise of a professional customs and clearance brokers. Documentation fees are regularly published by FSL and subject to change without notice.

4.2) In such cases, supporting documentation may be requested, however, this does not waive the documentation fee.

4.3) FSL does not bear after service responsibility for any courier-related issues if the courier account does not belong to FSL.

 

5.1) Storage fees are calculated by Cubic Meter (CBM), based on a system pro-rata account.

5.2) Photographic and documented records are kept and available upon request.

 

6.1) Items returned to us without notice will be kept in quarantine. We will promptly inform you of such quarantine, however, we cannot provide any guarantees on any items returned to us without notice.

 

7.1) CCTV footage is kept for running 14 days only.

7.2) Request for footage may take up to 24 hours to process.

7.3) Any requests must be linked and identified to an identifiable specific transaction, activity, or objective.

 

8.1) FSL insures its premises for all customer’s stocks against fire and water damage only.

8.2) Any loss or damage of goods due to FSL’s mishandling, negligence, and/or willful misconduct will be fully compensated to you.

8.3) The value of compensation is based on your costs, and FSL reserves the right, upon loss, to request proof of value.

8.4) If proof of value cannot be provided, FSL will estimate the cost value of goods at its reasonable discretion.

8.5) Compensation for loss and damage of goods covered by insurance will be provided within 7 days of FSL receiving payment from its insurer.

8.6) Compensation for loss and damage of goods not covered by insurance will be compensated within 30 days after agreement of value between both parties.

8.7) Compensation for inventory and stock will be applied first to your balance with FSL, and excess funds will be made by check or bank transfer.

8.8) FSL may ask you to provide values of your inventory for insurance and security purposes. If you decline to provide values, FSL will no longer guarantee adequate insurance coverage and may also return the stocks to you.

8.9) In the event that the Customer is ultimately unable to pay FSL, FSL may seize title of goods in its possession in order to pay any balances owed by the Customer to FSL.

8.10) FSL is not liable for the contents of goods that we are instructed not to unpackage and/or not to perform a stock take or inventory quality control upon receiving. Such issues are the responsibility of the party shipping the goods to FSL.

8.11) FSL is not liable for the accurate record keeping, receipt, or fulfillment of goods that are not labelled. You may engage FSL for labelling services.

8.12) FSL is not responsible for transportation charges related to inbound shipment of goods to its warehouse. FSL may or may not elect to pay charges on the Customer’s behalf. In this situation, FSL will request immediate reimbursement of fees as well as apply a surcharge.

 

9.1) We accept wire transfer payment directly to our banking institution and also credit card. The details are available on all invoices provided by FSL and also in the web portal.

9.2) The company may always at its discretion restrict the usage of certain payment methods from customers. This includes but is not limited to setting a limit on the amount that can be accepted by credit card.

9.3) Customers are responsible for any bank remittance service charges by FSL’s and the Customer’s account banks. We will only credit the exact amount received in our bank. We will only process the order if the received amount is equal or more than the order value. Positive outstanding balance will be used as credit for future orders.

9.4) We are not liable for payment posting delays resulting from lack of communication or referencing of payment to our account.

9.5) FSL does not provide credit terms for duties, taxes, and tariffs including but not limited to gross or general sales taxes (GST) and value added taxes (VAT). Customer must either prepay such amounts to FSL prior to shipping, or place a security deposit on these amounts.

9.6) FSL does not provide refunds for services already rendered.

9.7) If charges have been made in error, you may contact us to request a refund to your account.

9.8) FSL charges credit cards daily for open balances. In some circumstances, full payment may be requested as a condition for release of goods. This decision is at the sole discretion of FSL.

9.9) FSL does not provide payment or credit terms of any sort. Payments must be received in advance of services being rendered.

9.10) Payment processes and policies may change from time to time and will be communicated in writing.

 

10.1) If FSL service pricing changes are required, we will provide a minimum 30 day notice before new prices are in effect. This excludes fees charged by couriers, which may change at anytime without notice.

10.2) FSL is responsible for notifying customers of pricing changes in writing, which may include email, email marketing, and notices posted to its website. This excludes fees charged by couriers, which may change at anytime without notice.

10.3) FSL reserves the right to charge Customer for any reasonable charges and services properly incurred on behalf of the Customer except when charges and services are related to breach or failure of service by FSL. This includes, but is not limited to customs, duties, and taxes, remote area delivery type charges, unexpected storage charges, revised billings from couriers, and ad-hoc labor requests.

10.4) If payment is not made within 7 days of the invoice date, FSL shall be entitled to charge interest on the outstanding amount (both before and after any judgment) at the rate of 1% per month from 7 days after the invoice date until the outstanding amount is paid in full.

10.5) In the event of pricing discrepancy due to error on FSL’s online shipping calculator and the billed rates, FSL will honor the rates on the shipping calculator.

10.6) A USD $1,000 monthly minimum spend (storage, labor, shipping, and any value added services) is required for all customers of Floship. If the customer utilizes Floship’s services for less than USD $1,000 in a given month, Floship will bill the client USD $1,000 since the monthly minimum was not reached. In this case, Floship the difference between the minimum spend and the amount of services billed is non-refundable and can not be rolled over for credit in subsequent months. All customers that spend more than $1,000 in a given month will be billed at the actual rate of utilizing Floship's services.

 

11.1) Operating hours are published and communicated regularly.

11.2) Changes in operating hours may be made at any time at FSL’s discretion.

11.3) The company’s operations may be interrupted by natural disasters such as Typhoons and Rainstorms. It abides by the code of practice published by the Labour Department. A current copy can be found at: http://www.labour.gov.hk/eng/public/wcp/Rainstorm.pdf.

11.4) FSL will provide written notice to the Customer of removal 30 days before of any changes in location or warehouse of offices.

 

12.1) Both parties shall keep confidential and shall not disclose to any third parties including personal data, nature of business, costs and investments decision incidental or relating to this agreement or to the business of the other party.

12.2) We may reference your company in our marketing materials upon your prior written consent.

 

13.1) FSL may at its discretion contract out any or all work related to the Customer’s accounts. In such instances, FSL shall remain liable to the Customer for fulfilling its obligations hereunder.

 

14.1) Termination of ongoing services by FSL will be communicated in writing 30 days in advance. Upon termination of services, FSL will provide follow-up services on all orders and services rendered prior to termination and shall remit any remaining balances within 30 days.

14.2) In the event of termination of account by Customer, all outstanding balances become due immediately, including any advance invoices for services related to return of stocks to the Customer. FSL may refuse to return stocks until a final payment is received.

14.3) In the event that FSL ceases operations and winds down business, it shall make all reasonable provisions for the Customer to arrange for retrieval of their stocks.

 

15.1) FSL bares no responsibility arising from damages or losses caused by the Customer or its products.

15.2) In the unlikely event that FSL ships wrong or extra item/s to the end consumers, we reserve the rights to contact the end consumers directly and professionally, in order to recover the goods and/or prevent any likely loss, unless the issues have been resolved amicably by the Customer. In return, we will not identify ourselves and its role in the transaction, knowingly or unknowingly, and will never compromise on consumer privacy issues.

15.3) Force Majeure. If either party shall be delayed in its performance of any obligation under this Agreement or be prevented entirely from performing any such obligation due to causes or events beyond its control, including, without limitation, any act of God, fire, present or future law, government order, rule or regulation, such delay or non-performance shall be excused and the time for performance shall be extended to include the period of such delay or non-performance.

15.4) Limitation of Damages. In no event shall FSL or FSL’s agent be liable to the Customer or anyone else for any amount in excess of the monies paid by the Customer to FSL, or the particular goods causing such liability, whichever is lower. Additionally, under no circumstances shall FSL or its agents be liable to the Customer or the Customer’s customer for any special direct, indirect, incidental or consequential damages (including, without limitation, damages for lost profits, lost sales, injury to persons or property or any other incidental or consequential loss) even if an authorized representative of FSL has been advised specifically of the possibility of such damages.

15.5) FSL enforcement Expenses. The Customer shall pay to FSL all reasonable costs and expenses, including, without limitation, reasonable attorneys’ fees, court costs and collection agency fees, incurred by FSL in exercising any of its rights or remedies under this Agreement or enforcing any of the terms, conditions and/or provisions of this Agreement or collecting any sums due and owing under this Agreement. FSL has the duty to mitigate such costs and expenses to ensure that the Customer is not subjected to frivolous charges.

15.6) Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the Hong Kong Special Administrative Region (without regard to the conflicts of law rules of the Hong Kong Special Administrative Region).

15.7) Changes to the Terms of Service. FSL may change the Terms of Service at anytime without the consensus or consultation of the Customer. Changes to the Terms of Service must be communicated in writing 30 days in advance of taking effect.