TERMS AND CONDITIONS
CBP EXPRESS & LOGISTICS / BAGAS INC.
Cargo and Baggage for Pilgrims Logistics Services
1. Definitions and Interpretations
In these Terms and Conditions, unless the context requires otherwise:
- "Company" means CBP Express & Logistics, also known as Bagas Inc., a logistics service provider operating in Saudi Arabia (through strategic partners) and Malaysia.
- "Shipper" means the party engaging the Company’s services, including individual hajj pilgrims and their authorized representatives.
- "Parcel/Shipment" means any item, luggage, or cargo accepted by the Company for transportation and delivery, including but not limited to personal belongings, souvenirs, and personal effects which are not for commercial purpose.
- "Services" means the collection, handling, transportation, and delivery of parcels from locations in Makkah and Madinah to destinations in Malaysia.
- "Airway Bill/AWB" means the document issued by the Company confirming the acceptance of the parcel and serving as proof of shipment and tracking reference.
- "Prohibited Items" means any items restricted or forbidden by international aviation regulations, Saudi Arabian law, Malaysian law, or the carrier’s policies.
- Zamzam water
- Hazardous materials, including flammable liquids, explosives, gases, toxic substances, and radioactive materials as defined by IATA (International Air Transport Association) and IMDG (International Maritime Dangerous Goods Code)
- Illegal drugs, narcotics, and controlled substances
- Weapons, firearms, ammunition, and sharp instruments
- Counterfeit items, stolen goods, and items that infringe intellectual property rights
- Currency, precious metals, diamonds, and high-value jewelry unless declared and insured separately.
- Perishable items, including fresh food, plants, and animal products
- Items violating cultural, religious, or moral laws of Saudi Arabia or Malaysia
- Any other items prohibited by international law, Saudi Arabian law, Malaysian law, or airline regulations.
- Standard Shipments: The lesser of (i) the actual amount paid by the Shipper for the Services, or (ii) a maximum of MYR 500 (or equivalent in Saudi Riyals/Malaysian Ringgit) per shipment.
- High-Value or Declared Items: If the Shipper has opted for insurance or declared the value of items, liability shall be limited to the declared value plus insurance premium.
- Undeclared Items: For items not declared to the Company, liability is limited to MYR 350 (or equivalent) per shipment.
- Loss, damage, or delay caused by acts of God, natural disasters, earthquakes, storms, or circumstances beyond the Company’s reasonable control.
- Customs seizure, confiscation, or destruction by customs authorities or security agencies
- Loss or damage resulting from the Shipper; failure to declare prohibited items or provide accurate information.
- Consequential, indirect, incidental, or punitive damages, including lost profits, loss of use, or loss of business opportunity.
- Delay in delivery, including delays caused by customs clearance, inspections, or carrier delays
- Defects or faults in the parcel packaging provided by the Shipper.
- Claims arising from breach by third-party carriers, customs authorities, or governmental agencies.
- Customs authorities and government agencies in Saudi Arabia, Malaysia, or any transit country
- Third-party carriers, airlines, and logistics partners involved in transporting the shipment.
- Law enforcement agencies and security authorities as required by law.
- Insurance providers and underwriters
- Company employees, agents, and authorized representatives
- Any other party as required by applicable law or court order.
- The Shipper has read and fully understands these Terms and Conditions.
- The Shipper accepts and is bound by all terms, conditions, and limitations contained herein.
- The Shipper acknowledges the risks associated with international logistics and shipping.
- The Shipper releases the Company from all liability except as expressly limited in these Terms and Conditions.
- The Shipper assumes all risks associated with the Services, including loss, damage, delay, customs action, and any consequences thereof.
2. Service Acceptance and Eligibility
- The Company reserves the right to accept or reject any shipment at its sole discretion, based on the nature, weight, dimensions, destination, and compliance of contents with applicable laws and regulations.
- The Shipper must declare the contents of all parcels accurately and completely. Failure to declare contents or providing false information may result in rejection of the shipment, cancellation of services, and forfeiture of payment.
- All parcels must comply with the weight and dimension limits specified by the Company and the carrier. Overweight or oversized items may be subject to additional charges or rejection.
- The Shipper warrants that they have the lawful right to ship the items and that the contents do not infringe upon the rights of third parties.
3. Prohibited and Restricted Items
The following items are strictly prohibited and will not be accepted for shipment:
Zamzam Water: The Company does not accept Zamzam water in compliance with Saudi Arabia and Malaysia regulations. If found, the cargo will be offloading and subject to violation feed imposed by Saudi or Malaysian authorities and the charges is under Shipper’s responsibility.
4. Liability and Limitation of Liability
4.1 Assumption of Risk
The Shipper hereby acknowledges that the transportation of parcels involves inherent risks, including but not limited to loss, damage, delay, mishandling, theft, customs seizure, and natural disasters. By engaging the Company’s services, the Shipper assumes all such risks.
4.2 Limited Liability
Notwithstanding any other provision in these Terms and Conditions, the Company’s total liability arising from or related to the Services shall not exceed the following:
4.3 Exclusions from Liability
The Company shall not be liable for:
4.4 Time Limits for Claims
All claims for loss, damage, or delay must be filed in writing with the Company within 14 calendar days of the expected delivery date or date of actual delivery, whichever is earlier. Claims submitted after this period shall be deemed waived and barred.
5. Payment Terms and Conditions
- The Shipper shall pay the Company; fees before the parcel is collected or shipped. Payment must be made in full, in advance, in the currency specified by the Company (Saudi Riyals, Malaysian Ringgit, or USD).
- Pricing is based on weight, dimensions, destination, and service level selected. Additional charges apply for oversized items, special handling, insurance, and express services which the Company will shall informed in advanced.
- Payments are non-refundable except in cases where the Company fails to collect or transport the shipment due to the Company’s fault. Refunds, if applicable, shall be issued within 30 days of the refund request.
- The Company accepts payment via cash, bank transfer, credit card, and other electronic payment methods. Additional payment processing fees may apply.
6. Delivery Timelines and Delays
- The Company provides estimated delivery timelines based on the shipment origin, destination, and service level selected. These timelines are estimates and not guarantees.
- Delays may occur due to customs clearance, airline schedules, peak time after Arafah time, weather conditions, natural disasters, strikes, or other circumstances beyond the Company ;s control. The Company is not liable for delays or failure to meet estimated delivery dates.
- The Shipper is responsible for providing accurate contact information and shall monitor shipment status via the Company’s last mile delivery partner’s tracking system using the Airway Bill number.
- If delivery cannot be completed after reasonable attempts, the Company may return the parcel to the origin or store it in Malaysia or Saudi Arabia at the Shipper’s expense and risk.
7. Non-Confidentiality and Information Disclosure
The Shipper acknowledges and agrees that information provided to the Company regarding shipment contents, personal details, contact information, and delivery addresses is NOT confidential and may be disclosed to the following parties without restriction:
- The Company may use anonymized shipment data for statistical, operational, and business analysis purposes without the Shipper’s consent.
- The Company is not responsible for any loss, damage, or misuse of information disclosed to third parties. The Shipper assumes all risks associated with information disclosure required for shipment fulfillment.
- By engaging the Company’s services, the Shipper consents to all such disclosures and releases the Company from any liability related to information sharing.
8. Dispute Resolution and Governing Law
8.1 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of both Saudi Arabia and Malaysia, with priority given to provisions of whichever jurisdiction is most favorable to the Company’s protection. Where conflicts exist between the two legal systems, the Company shall have the right to elect which jurisdiction’s law applies.
Shipments originating from Saudi Arabia shall be subject to Saudi Arabian law, regulations, and court jurisdiction. Shipments in Malaysia or delivered in Malaysia shall be subject to Malaysian law and jurisdiction.
8.2 Dispute Resolution Process
Any dispute, claim, or difference arising from or related to these Terms and Conditions, or the Services shall be resolved as follows:
- Negotiation: The Shipper must first attempt to resolve the dispute through good-faith negotiation with the Company within 7 days of the dispute arising.
- Mediation: If negotiation fails, the parties may mutually agree to mediation by a neutral third party. The costs of mediation shall be shared equally.
- Arbitration/Litigation: If mediation fails or is not pursued, the dispute shall be resolved through binding arbitration under the laws of the jurisdiction where the Company elects to proceed (Saudi Arabia or Malaysia), or through litigation in the courts of that jurisdiction. The losing party shall bear all costs, including legal fees.
8.3 Limitations on Dispute Filing
Any legal action or claim arising from the Services must be filed within one (1) year from the date of the incident giving rise to the claim. Claims filed after this period shall be barred by limitations of law.
The Shipper waives any right to class action or collective claims against the Company.
8.4 Jurisdiction and Venue
For disputes involving shipments originating in or transiting Saudi Arabia, the exclusive venue shall be in the courts of the Kingdom of Saudi Arabia. For disputes involving delivery in Malaysia, the exclusive venue shall be in the courts of Malaysia. The Shipper hereby submits to the jurisdiction of such courts and waives any objections to venue or inconvenient forum.
9. Customs Clearance and Regulatory Compliance
- The Shipper is solely responsible for ensuring that all items comply with the laws, regulations, and customs requirements of Saudi Arabia, Malaysia, and any transit countries.
- The Company may assist with customs documentation, but the Shipper remains fully responsible and liable for the accuracy of all declarations and customs information.
- If customs authorities seize, confiscate, or destroy any items, the Company is not liable. The Shipper shall not hold the Company responsible for customs decisions or actions.
- The Shipper is responsible for paying all customs duties, taxes, and fees imposed by customs authorities.
- Delays caused by customs clearance are not the Company’s responsibility, and the Company is not liable for costs or penalties associated with such delays.
10. Modification and Amendment of Terms
- The Company reserves the right to modify, amend, or supplement these Terms and Conditions at any time, without prior notice to the Shipper.
- Continued use of the Company ;s services after modifications constitutes acceptance of the revised Terms and Conditions.
- The Shipper is responsible for regularly reviewing these Terms and Conditions for changes.
11. Entire Agreement
These Terms and Conditions, together with any Airway Bill or other document issued by the Company, constitute the entire agreement between the Shipper and the Company regarding the Services. All prior negotiations, understandings, and agreements are superseded. No oral representations or warranties are binding unless confirmed in writing by an authorized representative of the Company.
12. Severability
If any provision of these Terms and Conditions is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. The Company shall replace the invalid provision with a valid provision that achieves the original intent.
13. Waiver of Rights
The failure of the Company to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision. The Company ;s decision not to exercise a right at any time does not prevent its exercise at any future time.
14. Shippers Acknowledgment
By engaging the services of CBP Express & Logistics / Bagas Inc., the Shipper acknowledges and agrees to the following:
CBP EXPRESS & LOGISTICS / BAGAS INC.
Cargo and Baggage for Pilgrims Logistics Services
These Terms and Conditions are effective as of the date of service engagement.