1. INTRODUCTION

DCL Global Logistics (HK) Limited (“Company,” “we,” “our”) provides integrated logistics solutions, including air freight, ocean freight, warehousing, and local delivery services. This Disclaimer governs all engagements between the Company and its clients (“Client,” “you”). By using our services, you explicitly agree to these terms, which supersede all prior agreements. The Company acts strictly as a freight forwarder and logistics intermediary – not as a carrier, insurer, or customs authority. This document outlines critical limitations of liability, client responsibilities, and jurisdictional terms under Hong Kong law.

2. SERVICES PROVIDED

We arrange, coordinate, and manage:

• • Air/Ocean Freight:Transportation via third-party carriers (e.g., airlines, shipping lines).
  • Warehousing:Storage, inventory management, and handling at Company-affiliated facilities.
  • Local Delivery:Final-mile transportation within Hong Kong or designated regions.
  • Value-Added Services:Customs brokerage, cargo insurance facilitation, and documentation.

Key Clarification: The Company does not operate vessels, aircraft, or delivery vehicles. We contract third-party service providers (e.g., carriers, warehouses) to execute shipments. Our role is limited to logistics coordination and documentation.

3. LIMITATION OF LIABILITY

3.1. Fundamental Limitations

The Company’s liability is restricted as follows:

• • Financial Cap:Liability for any claim is capped at USD 10,000 or 110% of fees paid for the relevant service (whichever is lower), unless mandated otherwise by international conventions (e.g., Hague-Visby Rules for ocean freight).

Our company reserves the right to make the final decision

• • Excluded Damages:We exclude liability for:

• • Consequential losses (e.g., lost profits, production delays, reputational harm).
  • Indirect damages (e.g., market value fluctuations, spoilage of perishable goods).
  • Losses arising from force majeure (Section 5), client negligence (Section 4), or third-party actions (Section 3.2).

3.2. Third-Party Services

We engage carriers, customs brokers, and warehouses (“Subcontractors”). The Company:

• • Exercises reasonable care in selecting Subcontractors.
  • Disclaims responsibilityfor their acts/omissions (e.g., cargo damage, delays, theft).
  • Does not guarantee Subcontractors’ compliance with laws or safety standards.

3.3. Cargo-Specific Exclusions

No liability applies to losses/damage caused by:

• • Improper packaging/labeling by the Client.
  • Inherent vice (e.g., chemical instability, fragility).
  • Perishable goods degradation.
  • Undeclared high-value items (e.g., jewelry, electronics).

4. CLIENT RESPONSIBILITIES

4.1. Accurate Information

You must provide:

• • Complete shipment details (weight, dimensions, contents).
  • Valid commercial invoices, packing lists, and export/import permits.
  • Declarations for restricted items (e.g., hazardous materials, lithium batteries).
    Consequence:Inaccurate data voids Company liability and may incur penalties.

4.2. Packaging & Labeling

• • Goods must be packed to withstand transit hazards (e.g., moisture, handling).
  • Labels must include destination, handling instructions, and hazard symbols (if applicable).
    Consequence:Damage from inadequate packaging/labeling is solely the Client’s responsibility.

4.3. Regulatory Compliance

You are solely responsible for:

• • Adhering to export/import regulations (e.g., HK Customs, IATA Dangerous Goods Rules).
  • Payment of duties, taxes, and customs fines.
  • Obtaining licenses for restricted goods (e.g., pharmaceuticals, firearms).

5. FORCE MAJEURE

The Company is not liable for failures caused by uncontrollable events, including:

• • Natural disasters (typhoons, earthquakes).
  • Government actions (embargoes, port closures).
  • Labor disputes (strikes, lockouts).
  • Pandemics, war, or terrorism.
    Affected services may be suspended without penalty.

6. CARGO INSURANCE

6.1. Insurance Arrangement

We may facilitate insurance via third-party underwriters. This does not imply:

• • Endorsement of the insurer’s terms.
  • Guarantee of claim approval.
  • Company liability for uninsured/underinsured losses.

6.2. Client’s Insurance Obligation

• • The Client mustpurchase adequate insurance covering full cargo value.
  • We recommend “all-risk” policies for high-value shipments.
  • Failure to insure goods transfers all risk to the Client.

7. WAREHOHOUSING TERMS

7.1. Liability Framework

• • Loss/damage in Company-affiliated warehouses is subject to warehouse-specific agreements.
  • Standard liability excludes:

• • Damage from improper stacking.
  • Theft without evidence of forced entry.
  • Deterioration of temperature-sensitive goods without climate-control agreements.

7.2. Access & Inventory

• • Clients must schedule inspections in writing 48 hours in advance.
  • Discrepancies in inventory reports must be contested within 7 daysof receipt.

8. PAYMENT TERMS & LIENS

8.1. Invoices & Disputes

• • Payment is due within 30 daysof invoice receipt.
  • Disputed charges must be raised within 14 days; silence implies acceptance.

8.2. Company’s Right of Lien

We reserve a lien on goods for unpaid fees, enabling us to:

• • Withhold cargo until payment.
  • Sell goods via public auction after 60 daysof non-payment.

9. INDEMNIFICATION

You agree to indemnify the Company against:

• • Claims from third parties (e.g., carriers, customs) due to your breach.
  • Legal costs, fines, or penalties from your non-compliance.
  • Damage to Company property caused by your goods.

10. DANGEROUS GOODS (DG)

• DG must be declared using UN-certified packagingand IATA/IMDG documentation.
• Undeclared DG may be destroyed at your cost.
• Additional DG handling fees apply.

11. CLAIMS PROCEDURE

• Claims for loss/damage must:

• Be submitted in writing within 7days of delivery (or scheduled delivery date for non-receipt).
• Include photos, carrier reports, and original invoices.
  • Late claims are irrevocably waived.

12. GOVERNING LAW & DISPUTES

• This Disclaimer is governed by Hong Kong SAR law.
• Disputes will be resolved via arbitration at the Hong Kong International Arbitration Centre (HKIAC)under UNCITRAL rules.
• Courts in Hong Kong retain exclusive jurisdiction for injunctive relief.

13. DATA PROTECTION

Personal data is processed per our Privacy Policy (available at [URL]). By using our services, you consent to:

• • Data sharing with Subcontractors for operational purposes.
  • Storage of transaction records for 7 yearsper HK law.

14. AMENDMENTS & WAIVER

• We may amend this Disclaimer unilaterally; updates are effective upon website posting.
• Continued service use constitutes acceptance.
• Failure to enforce a clause does not waive our rights.

15. SEVERABILITY

If any clause is deemed unenforceable, the remainder remains valid.

16. CONTACT INFORMATION

Submit legal notices or claims to:
DCL Global Logistics (HK) Limited
10/F, Block A, Kerry TC Warehouse 1, No.3 Kin Chuen St., Kwai Chung, N.T., Hong Kong

Tel : 852 – 2331 2931   Fax : 852 – 2763 1832          www.hkdcl.com
Attn: Legal Department

17. ACKNOWLEDGMENT

By engaging our services, you confirm:

• • Understanding of this Disclaimer’s binding nature.
  • Waiver of liabilities beyond those expressly stated herein.