(HUNG PHUOC LOGISTICS JOINT STOCK COMPANY- HP LOG)
1. DEFINITIONS AND INTERPRETATION
- HP LOG: Refers to the logistics service provider operating as a Carrier and/or Freight Forwarder, responsible for organizing, coordinating, and performing activities related to the transportation, storage, and handling of goods in accordance with the Customer’s instructions.
- Customer: Refers to any individual or legal entity using the services provided by HP LOG, including but not limited to the shipper, consignee, or contracting party. The Customer is responsible for providing accurate information and relevant documentation and shall bear full responsibility for the legality of the shipment.
- Services: Include but are not limited to domestic transportation, international transportation, multimodal transport, logistics consulting, customs brokerage, warehousing, and cargo storage services.
- Goods: Refers to all items, materials, semi-finished products, or finished products delivered by the Customer to HP LOG for service execution. The Goods must meet the following conditions:
- Must not fall under prohibited or restricted goods in accordance with applicable laws and regulations on transportation and import/export.
- Must be properly packed and labeled in compliance with the nature of the goods and transport requirements.
- Must be accompanied by complete and valid documentation as required by competent authorities and applicable regulations.
- HP LOG reserves the right to inspect, refuse, or suspend the handling of any Goods that do not comply with the above conditions.
2. SCOPE OF APPLICATION
These Terms and Conditions shall apply to all transactions, quotations, and contracts entered into between HP LOG and the Customer, whether conducted via the website or through direct engagement. Unless otherwise expressly agreed in writing, these Terms and Conditions shall prevail and take precedence over any other terms.
3. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
To ensure smooth operational processes, the Customer undertakes to:
- Accuracy of Information: Provide complete and accurate details regarding the description of goods, weight, dimensions, and any hazardous characteristics (if applicable).
- Legal Documentation: Bear full responsibility for the legality and accuracy of all documents accompanying the shipment, including but not limited to Commercial Invoice, customs declarations, and import/export permits.
- Proper Packaging: Ensure that the Goods are appropriately packed in accordance with the chosen mode of transport to prevent damage under normal transportation conditions.
- Payment Obligations: Make full and timely payment of all applicable freight charges, surcharges (including demurrage/detention, storage fees), and any other legitimately incurred costs.
4. RESPONSIBILITIES OF HP LOG
- Professional Operations: Perform the Services in accordance with agreed procedures and timelines, under standard operating conditions.
- Timely Information: Provide shipment status updates (tracking) and promptly notify the Customer of any incidents or disruptions that may arise.
- Confidentiality: Maintain strict confidentiality of the Customer’s business information, invoice values, and client data.
5. LIMITATION OF LIABILITY AND INDEMNIFICATION
This section is critical to protecting the Company against significant risks:
- Basis of Compensation: Compensation shall be determined in accordance with the Vietnam Maritime Code 2015, the Law on Civil Aviation, or applicable international conventions (including but not limited to the Hague-Visby Rules and the Montreal Convention), depending on the mode of transport.
- Limitation of Liability: In all cases, unless a Declared Value has been made and separate cargo insurance has been purchased, HP LOG’s liability shall not exceed the limits prescribed by applicable law or the maximum liability agreed upon in the contract.
- Exclusions: HP LOG shall not be liable for any loss or damage arising from:
- Inherent defects or nature of the Goods.
- Improper or inadequate packaging by the Customer.
- Intervention by governmental authorities (including inspection, detention, or seizure of goods).
- Force majeure events beyond reasonable control.
6. LIEN ON GOODS
HP LOG shall have the right to retain possession of the Goods and all related documents as security for any outstanding debts, including but not limited to freight charges, storage fees, and handling costs that are overdue. Upon expiry of the notice period, HP LOG reserves the right to dispose of or otherwise handle the Goods for the purpose of debt recovery, in accordance with applicable laws and regulations.
7. DATA PRIVACY POLICY
In compliance with Decree No. 13/2023/ND-CP on Personal Data Protection:
- We collect only the data necessary for the provision of logistics services.
- All data is securely stored within protected systems and shall not be disclosed to any third party for commercial purposes without prior consent from the data subject.
8. DISPUTE RESOLUTION AND GOVERNING LAW.
- Governing Law: These Terms and Conditions shall be governed by the laws of the Socialist Republic of Vietnam.
- Dispute Resolution: Any dispute arising out of or in connection with these Terms and Conditions shall first be resolved through amicable negotiation. Failing such resolution, the dispute shall be submitted to the Vietnam International Arbitration Centre (VIAC) or the competent Economic Court at the place where HP LOG’s head office is located.
