LEGAL BASIS
These General Terms and Conditions (hereinafter referred to as the "Terms") are established and applied in accordance with the laws of the Socialist Republic of Vietnam and relevant international treaties, including but not limited to:
- Civil Code No. 91/2015/QH13;
- Commercial Law No. 36/2005/QH11;
- Postal Law No. 49/2010/QH12 and Decree No. 47/2011/ND-CP guiding its implementation;
- Law on Protection of Consumers' Rights No. 19/2023/QH15 (effective from July 1, 2024);
- Law on Civil Aviation of Vietnam No. 66/2006/QH11 (as amended in 2014);
- Customs Law No. 54/2014/QH13 and Decree No. 08/2015/ND-CP;
- Law on Foreign Trade Management No. 05/2017/QH14;
- Law on Cyber Information Security No. 86/2015/QH13 and Law on Cybersecurity No. 24/2018/QH14;
- Decree No. 13/2023/ND-CP on Personal Data Protection;
- Decree No. 69/2018/ND-CP on the Management of Exported and Imported Goods;
- Circular No. 25/2013/TT-BTTTT on the List of Items and Goods Prohibited from Being Sent via the Postal Network;
- The current edition of the Universal Postal Union (UPU) Convention;
- The Warsaw Convention 1929 / Montreal Convention 1999 on International Air Transportation;
- IATA Dangerous Goods Regulations (DGR);
- Other international treaties to which the Socialist Republic of Vietnam is a party.
These Terms constitute a legally binding agreement between you ("Customer") and ShipX when you choose to use ShipX's transportation and logistics services.
By using ShipX's services, you acknowledge that you have read, understood, accepted, and agreed to be bound by these Terms, including any amendments, supplements, or updates published by ShipX from time to time on the ShipX website.
ShipX reserves the right, at its sole discretion, to modify, amend, supplement, suspend, or terminate all or any part of these Terms and any policies relating to the Services at any time. Such modifications, amendments, supplements, suspensions, or terminations shall become effective immediately upon publication on the ShipX website.
Customers are responsible for regularly reviewing these Terms while using ShipX's services.
Continued use of ShipX's services after any changes to these Terms, whether or not the Customer has reviewed such changes, shall constitute acceptance of and agreement to the revised Terms.
ARTICLE 1. DEFINITIONS
1.1. "ShipX"
"ShipX" is an international express delivery brand owned and operated by SGLINK Import Export Joint Stock Company (SGLINK), a company duly incorporated and operating under the laws of Vietnam and holding all required postal licenses issued by the competent authorities. ShipX has been the official operating brand since 2026.
1.2. "Sender"
A legal entity or individual that enters into a service agreement with ShipX by signing an Air Waybill, placing an online order, or accepting these Terms in any form. The Sender represents and warrants that the goods are legally owned or lawfully under its control and disposal rights.
1.3. "Recipient"
A legal entity or individual designated by the Sender to receive the Shipment at the address stated on the Air Waybill.
1.4. "Shipment"
Any letter, parcel, package, or goods accepted, transported, and delivered under an Air Waybill. Shipments may be transported directly by ShipX or through carriers, airlines, logistics partners, or express operators selected by ShipX based on safety and operational efficiency considerations.
1.5. "Air Waybill" (AWB) / Consignment Note
The document establishing the contractual relationship between the Sender and ShipX and serving as legal evidence of acceptance and transportation of the Shipment. The Air Waybill may exist in paper or electronic form, both of which have equal legal validity.
1.6. "Chargeable Weight"
The greater of:
- Actual weight (kg), or
- Volumetric weight (cm³ ÷ 5,000),
calculated in accordance with IATA standards and ShipX's published tariff schedule.
1.7. "Declared Value"
The value of the goods declared by the Sender on the Air Waybill and commercial invoice for customs declaration purposes and for determining compensation limits in the event of a claim or dispute.
1.8. "SDR" (Special Drawing Rights)
An international reserve asset issued by the International Monetary Fund (IMF), used as the basis for calculating liability limits under the Montreal Convention 1999 and UPU regulations. The applicable SDR-to-local-currency exchange rate shall be the rate in effect at the time compensation is determined.
1.9. "Force Majeure Event"
An objective event that is unforeseeable and unavoidable despite all reasonable efforts and measures, as defined under Article 156 of the Vietnamese Civil Code 2015, including but not limited to:
- Natural disasters;
- War or armed conflict;
- Epidemics or pandemics;
- Strikes or labor disruptions;
- Trade embargoes;
- Decisions or actions of competent governmental authorities.
1.10. "Dangerous Goods" (DG)
Articles or substances classified under the IATA Dangerous Goods Regulations (DGR) and ICAO Technical Instructions as posing risks to health, safety, property, or the environment during air transportation.
ARTICLE 2. SCOPE OF APPLICATION
2.1.
These Terms govern all transactions relating to international freight forwarding and express delivery services provided by ShipX to the Sender, including associated value-added services such as:
- Cargo insurance;
- Customs declaration services;
- Signature-on-delivery services;
- Cash-on-delivery (COD);
- Any other services offered by ShipX from time to time.
2.2.
The Sender shall be deemed to have read, understood, and accepted these Terms upon the earliest occurrence of any of the following events:
- Signing the Air Waybill;
- Handing over the Shipment to ShipX;
- Payment of freight charges.
2.3.
Where a separate service agreement has been executed between the parties, the provisions of such agreement shall prevail. Matters not specifically addressed in the separate agreement shall be governed by these Terms.
2.4.
For international air transportation, these Terms shall be supplemented by:
- The Montreal Convention 1999;
- The Universal Postal Union (UPU) Convention;
- Applicable IATA regulations,
in accordance with the principle that international conventions may supplement domestic law where Vietnamese law does not provide specific regulation.
ARTICLE 3. PROHIBITED AND RESTRICTED GOODS
3.1. Absolutely Prohibited Goods
Pursuant to Circular 25/2013/TT-BTTTT, Article 12 of the Postal Law 2010, the Law on Foreign Trade Management 2017, and applicable destination-country regulations, ShipX shall not accept shipments containing:
- Narcotics, psychotropic substances, precursors, controlled drugs, or other prohibited substances under Vietnamese or international law;
- Weapons, ammunition, military equipment, explosives, firearm components, imitation weapons, or unlicensed self-defense devices;
- Obscene, reactionary, or prohibited publications; materials opposing the Government of the Socialist Republic of Vietnam or violating the laws of the destination country;
- Counterfeit goods, imitation products, intellectual property-infringing goods, or goods lacking lawful supporting documentation;
- Flammable or explosive materials, radioactive substances, toxic materials, or environmentally hazardous substances not permitted under IATA or IMDG regulations;
- Cash (Vietnamese Dong or foreign currency), bearer checks, negotiable instruments, active payment cards, intangible assets represented in physical form (including physical NFT or token-related items), and other means of payment;
- Live animals, animal remains, human remains, or human body parts;
- Wildlife products regulated or prohibited under the CITES Convention;
- Any goods prohibited from circulation, export, or import under Vietnamese law and/or the laws of the destination country or territory.
3.2. Restricted Goods (Subject to Declaration and Special Conditions)
The following goods may only be accepted when the Sender fully declares the contents, provides all required supporting documents, and complies with ShipX, IATA, and destination-country packaging requirements:
- Lithium batteries (standalone or contained in equipment): must comply with IATA DGR Section II or Section IA/IB requirements and bear the appropriate UN3480 or UN3481 labels;
- Cosmetics, pharmaceuticals, and dietary supplements containing alcohol or liquids: must be accompanied by invoices and, where required, regulatory approvals;
- Fragile, perishable, or temperature-sensitive goods: must be packaged in accordance with ISTA standards and disclosed in advance for transportation assessment;
- Goods with a declared value exceeding VND 50 million (or foreign currency equivalent): additional cargo insurance is mandatory;
- Blood samples, biological specimens, and medical materials: must comply with UN3373 packaging standards and be accompanied by appropriate permits;
- Fresh or frozen food products: must be accompanied by phytosanitary or veterinary certificates issued by competent authorities;
- Dual-use technology products: require export authorization from the Ministry of Industry and Trade of Vietnam pursuant to Decree 69/2018/ND-CP.
3.3. Right to Inspect Shipments
ShipX reserves the right to open and inspect any Shipment where there are reasonable grounds to suspect that it contains prohibited or restricted goods, or where such inspection is required by competent authorities, including Customs, Police, Market Surveillance Authorities, Quarantine Authorities, or other regulatory bodies, in accordance with Article 14 of the Postal Law 2010 and the Customs Law 2014.
Any inspection shall be documented in writing and, where practicable, conducted in the presence of the Sender or the Sender's representative. If the Sender is unavailable, the inspection may be conducted in the presence of an authorized ShipX representative.
3.4. Sender's Liability for Violations
Where the Sender intentionally ships prohibited goods or provides false declarations, the Sender shall bear full legal responsibility under the laws of Vietnam and the destination country, including but not limited to:
- Liability for all resulting losses, including confiscation, destruction, administrative penalties, return shipping costs, storage fees, and related expenses;
- Full indemnification of ShipX and any third party for actual losses, damages, and reputational harm incurred;
- Immediate termination of all service agreements without prior notice;
- Criminal liability where applicable under the Vietnamese Criminal Code 2015 (as amended in 2017).
ARTICLE 4. FREIGHT CHARGES AND PAYMENT TERMS
4.1. Pricing Principles
Shipping charges shall be calculated based on:
- Chargeable Weight;
- Transportation route;
- Service type;
- Any applicable value-added services;
in accordance with the tariff published by ShipX at the time of shipment or as otherwise agreed in a separate service contract.
4.2. Weight and Dimension Verification
All Shipments are subject to re-weighing and re-measurement at ShipX's receiving facility.
The measurements recorded by ShipX shall constitute the official and final basis for freight calculation.
The Sender may request to witness the weighing and measuring process.
4.3. Additional Charges
In addition to transportation charges, the Sender shall be responsible for any reasonable additional charges communicated by ShipX in advance, including:
- Fuel surcharges imposed by airlines or transportation providers;
- Storage fees and warehouse transfer fees where the Recipient fails to collect the Shipment within the required timeframe;
- Customs declaration fees, import duties, VAT, and other taxes imposed by the destination country;
- Return shipment fees where the Recipient refuses delivery or the address cannot be located;
- Air Waybill amendment fees after shipment acceptance;
- Remote Area Surcharges (RAS) as determined by transportation partners;
- Any other charges arising during shipment processing.
4.4. Payment Method
Payments must be made by bank transfer to ShipX's official corporate bank account.
ShipX shall issue VAT invoices in compliance with the Law on Tax Administration and Decree No. 123/2020/ND-CP.
ShipX does not accept payments made to personal bank accounts.
4.5. Late Payment
Any overdue payment shall accrue interest at a rate equal to 150% of the base interest rate announced by the State Bank of Vietnam at the time payment becomes due, pursuant to Article 357 of the Civil Code 2015, together with any reasonable debt collection costs incurred.
4.6. Foreign Exchange Rate
Any fees, charges, or payments denominated in foreign currencies shall be converted using the selling exchange rate published by the Vietnam Technological and Commercial Joint Stock Bank (Techcombank) on the transaction date.
ARTICLE 5. RESPONSIBILITIES OF THE SENDER
5.1.
The Sender shall provide accurate and complete information regarding:
- The Sender;
- The Recipient;
- The nature of the goods;
- The declared value;
- All supporting documentation required under the customs regulations of both origin and destination countries.
5.2.
The Sender is responsible for packaging the Shipment securely and appropriately for international transportation.
For fragile, sensitive, or specialized goods, the Sender must notify ShipX in advance to obtain guidance on suitable packaging and shipping methods.
Failure to package goods in accordance with accepted industry standards may result in reduced compensation or denial of claims.
5.3.
The Sender warrants that all goods shipped:
- Are lawful;
- Are legally owned or properly authorized for shipment;
- Are not prohibited or restricted goods;
- Do not violate the laws or regulations of the destination country or territory.
5.4.
The Sender shall provide all required export documentation, including but not limited to:
- Commercial Invoice;
- Packing List;
- Certificate of Origin (CO);
- Certificate of Quality (CQ);
- Specialized permits and licenses;
- Customs declarations;
as required by Vietnamese Customs, destination-country authorities, and ShipX.
5.5.
The Sender shall ensure that Recipient information, including name, address, telephone number, and email address, is accurate, complete, and reachable.
Any costs arising from incorrect addresses or unsuccessful delivery attempts due to inaccurate contact information shall be borne by the Sender.
5.6.
The Sender shall fully indemnify and hold harmless ShipX against all losses, damages, penalties, claims, and liabilities arising from:
- Inaccurate information;
- Improper packaging;
- Undeclared prohibited or restricted goods;
- Any violation of applicable laws or regulations.
5.7.
The Sender shall have the right to submit claims and seek compensation in accordance with Article 8 of these Terms and Articles 25 and 26 of the Postal Law 2010.
ARTICLE 6. RESPONSIBILITIES OF SHIPX
6.1.
ShipX shall accept Shipments at the agreed location and time, conduct preliminary compliance checks, accurately determine shipment dimensions and weight, and issue an Air Waybill containing a tracking number.
6.2.
ShipX shall exercise reasonable care to safeguard Shipments throughout the transportation process while under ShipX's control, including periods during which the Shipment is handled by transportation partners.
6.3.
ShipX shall use commercially reasonable efforts to meet the published transit times applicable to the selected service level, except in cases involving:
- Force majeure events;
- Customs inspections or holds;
- Other circumstances beyond ShipX's reasonable control.
6.4.
ShipX shall provide shipment tracking information through its website, mobile applications, or upon request, subject to system availability.
6.5.
ShipX shall maintain the confidentiality of Sender and Recipient information and Shipment contents in accordance with Article 10 of the Postal Law 2010 and Decree No. 13/2023/ND-CP on Personal Data Protection.
6.6.
ShipX shall notify the Sender of any significant shipment incident, including loss, damage, unusual delay, customs detention, or delivery failure, within forty-eight (48) hours after becoming aware of such incident.
6.7.
ShipX shall fulfill its customs declaration obligations in accordance with the Customs Law 2014 and comply with applicable import and export procedures at Vietnamese and destination-country ports of entry.
6.8.
ShipX shall handle and resolve claims in accordance with the procedures and timelines set forth in Article 8 of these Terms.
ARTICLE 7. LIMITATION OF LIABILITY AND COMPENSATION
7.1. Maximum Compensation
Pursuant to Article 25 of the Postal Law 2010, Articles 24–25 of Decree No. 47/2011/ND-CP, Article 22 of the Montreal Convention 1999, and other applicable international treaties to which Vietnam is a party, ShipX's liability shall be limited as follows:
| Circumstance | Compensation Limit / Legal Basis |
|---|---|
| Total loss of a Shipment (without additional insurance) | Minimum of 9 SDR per kilogram and 30 SDR per Shipment (UPU/Montreal Convention standards), or as otherwise provided under ShipX's compensation policy in effect at the time of shipment |
| Partial loss or damage | Compensation calculated proportionally to the extent of the loss or damage relative to the total weight or value of the Shipment |
| Shipment with declared value and/or additional insurance | Compensation based on the declared value or applicable insurance policy, not exceeding the declared value |
| Indirect or consequential losses (including loss of profits, business opportunities, goodwill, or revenue) | ShipX shall not be liable for any indirect, consequential, incidental, or special damages |
7.2. Exclusions from Liability
ShipX shall not be liable for loss, damage, delay, or other claims arising from:
Force Majeure Events
Including but not limited to:
- Natural disasters;
- Epidemics or pandemics;
- War, armed conflict, terrorism, civil unrest, or riots;
- Strikes or labor disputes;
- Trade embargoes;
- Radioactive contamination;
- Airspace closures;
- Interruptions to aviation, maritime, or transportation networks beyond ShipX's control.
Governmental Actions
Where a Shipment is confiscated, destroyed, returned, detained, or otherwise affected by competent authorities in Vietnam or the destination country, including situations arising from the Sender's non-compliance with applicable laws.
Sender's Fault
Including but not limited to:
- Inadequate packaging;
- Incorrect declarations;
- Misstated value;
- Shipment of prohibited or restricted goods without disclosure;
- Incorrect or incomplete recipient information.
Inherent Nature of Goods
Loss or damage caused by:
- Natural deterioration;
- Spoilage;
- Evaporation;
- Leakage;
- Corrosion;
- Internal defects;
- Other inherent characteristics of the goods.
Failure to Provide Supporting Documents
Where the Sender fails to provide:
- The original Air Waybill;
- Tracking information;
- Supporting evidence required to substantiate a claim.
Customs Delays
Delays resulting from:
- Customs inspections;
- Laboratory testing;
- Requests for additional documentation;
- Regulatory reviews.
Improper Packaging
Damage to internal contents where external packaging remains intact but the goods were inadequately packaged for transportation.
Declared Value Discrepancies
Any loss arising from differences between the actual value of the goods and the value declared by the Sender.
7.3. Transit Time Disclaimer
ShipX shall not accept claims for delays caused by circumstances beyond its reasonable control, including:
- Natural disasters, pandemics, armed conflicts, strikes, demonstrations, or disruptions at transit hubs, airports, ports, or destination locations;
- Customs inspections or detention by destination-country authorities;
- Sudden changes in import/export regulations;
- Incorrect recipient information, missing telephone numbers, or inability to contact the Recipient;
- Flight restrictions, airport closures, or maritime transport suspensions imposed by governmental authorities.
⚠ Important Notice: To obtain full protection for high-value goods, the Sender is strongly advised to declare the value of the Shipment and/or purchase additional cargo insurance. ShipX shall not be liable for any portion of loss exceeding the standard compensation limits where the Sender has not declared the value of the goods.
ARTICLE 8. CLAIMS AND DISPUTE RESOLUTION
8.1. Claim Filing Period
Pursuant to Article 40 of the Postal Law 2010 and Article 319 of the Commercial Law 2005, claims must be submitted within the following periods:
| Type of Claim | Time Limit |
|---|---|
| Loss or damage of an international Shipment | Within seven (7) days from the date the Shipment is accepted |
| Freight charges and other payments | Within one (1) month from the date the charge arises |
| Claims relating to service contracts | Within two (2) years from the date the dispute arises, in accordance with the Civil Code 2015 |
Failure to submit a claim within the applicable period may result in forfeiture of the right to claim.
8.2. Claim Documentation
A claim submitted to ShipX must include:
- A written claim clearly stating the nature of the claim, requested remedy, and legal basis;
- A copy of the Air Waybill or tracking number;
- Documents proving the value of the goods, including commercial invoices and sales contracts;
- Photographs and inspection reports (for damage or shortage claims);
- A copy of the claimant's identification document (individual) or business registration certificate (organization);
- Insurance documentation, where additional insurance has been purchased.
8.3. Claim Resolution Timeline
ShipX shall:
Acknowledge Receipt
Confirm receipt of a complete claim file within two (2) business days.
Review and Respond
Provide a written response within:
- Thirty (30) business days for domestic shipments; and
- Sixty (60) business days for international shipments,
from the date a complete and valid claim file is received.
Extension Notice
If additional time is required, ShipX shall notify the claimant in writing and provide the reasons for the extension.
8.4. Dispute Resolution
8.4.1. Amicable Settlement
The parties shall first attempt to resolve any dispute through good-faith negotiation and mutual consultation within thirty (30) days from the date the dispute arises.
8.4.2. Arbitration or Court Proceedings
If the dispute cannot be resolved through negotiation, either party may submit the dispute to:
- The Vietnam International Arbitration Centre (VIAC) in accordance with its Rules of Arbitration; or
- The competent People's Court of Ho Chi Minh City, Vietnam.
8.4.3. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Socialist Republic of Vietnam.
For international air transportation, the Montreal Convention 1999 shall supplement Vietnamese law where applicable.
8.4.4. Language of Proceedings
The language of arbitration or court proceedings shall be Vietnamese.
Foreign-language documents must be translated into Vietnamese and notarized or certified in accordance with applicable regulations.
8.4.5. Costs
The unsuccessful party shall bear court fees, arbitration fees, and other reasonable costs as determined by the competent dispute resolution authority.
ARTICLE 9. FORCE MAJEURE
9.1. Notification Requirement
A party affected by a Force Majeure Event shall notify the other party in writing (including email or formal notice) within five (5) business days after becoming aware of the event and shall provide supporting evidence where available.
9.2. Suspension of Obligations
The period during which a Force Majeure Event prevents performance shall not be counted toward the affected party's performance obligations.
Both parties shall cooperate in good faith to mitigate any resulting losses.
9.3. Extended Force Majeure
If a Force Majeure Event continues for more than sixty (60) consecutive days, either party may terminate the relevant agreement by providing seven (7) days' prior written notice.
Any payments received shall be refunded after deduction of reasonable costs and expenses already incurred.
9.4. No Compensation Obligation
Termination resulting from a Force Majeure Event shall not give rise to any obligation to compensate the affected party, except for obligations that accrued before the occurrence of the Force Majeure Event.
ARTICLE 10. PERSONAL DATA PROTECTION
10.1. Commitment to Data Protection
ShipX is committed to collecting, processing, storing, and protecting the personal data of Senders and Recipients in compliance with:
- Decree No. 13/2023/ND-CP on Personal Data Protection;
- The Cybersecurity Law 2018;
- Other applicable laws and regulations governing data privacy and information security.
10.2. Purposes of Data Collection and Processing
Personal data, including but not limited to names, addresses, telephone numbers, email addresses, identification information, shipment details, and transaction history, may be collected and processed for the following purposes:
- Providing transportation and logistics services;
- Customs declaration and customs clearance procedures;
- Customer support, complaint handling, and compensation claims;
- Compliance with requests from competent governmental authorities;
- Anti-money laundering and counter-terrorism financing compliance pursuant to the Anti-Money Laundering Law 2022.
10.3. Disclosure of Personal Data
ShipX shall not disclose personal data to third parties except:
- For the purposes stated above;
- Where required by law or competent governmental authorities;
- Where explicit consent has been obtained from the Data Subject.
10.4. Rights of Data Subjects
The Sender has the right to:
- Access personal data;
- Request correction or updating of personal data;
- Request deletion of personal data;
in accordance with Article 9 of Decree No. 13/2023/ND-CP.
Requests may be submitted to info@shipx.asia.
ShipX shall acknowledge such requests within seventy-two (72) hours and complete processing within a maximum of fifteen (15) business days.
10.5. Recipient Consent
By providing the Recipient's personal data to ShipX, the Sender represents and warrants that the Recipient has consented to the collection, use, and processing of such personal data for transportation and delivery purposes in accordance with Article 11 of Decree No. 13/2023/ND-CP.
10.6. Data Security Measures
ShipX implements appropriate technical and organizational measures to protect personal data against unauthorized access, disclosure, alteration, loss, or destruction, including but not limited to:
- TLS encryption;
- Access control mechanisms;
- Multi-factor authentication;
- Internal security procedures and controls.
10.7. User Accounts and Security
Certain features of the Services require users to register an account ("Account"), including a username and password, and provide certain personal and/or organizational information.
Users may use their Account to access the ShipX website, shipment management systems, and other platforms authorized, affiliated with, or operated in cooperation with ShipX.
ShipX does not review and shall not be responsible for the content, functionality, security, services, privacy practices, or operations of any third-party services accessible through such integrations.
Where users access third-party services through their ShipX Account, the terms of service and privacy policies of those third-party services shall continue to apply, even where they differ from ShipX's Terms or Privacy Policy.
Users agree to:
- Keep their username and password confidential;
- Use their login credentials solely for authorized access;
- Log out after each session where appropriate;
- Immediately notify ShipX of any unauthorized access or security breach involving their Account.
Users shall be solely responsible for all activities conducted through their Account and for any loss or damage resulting from unauthorized use caused by failure to comply with these obligations.
ShipX reserves the right, at its sole discretion and with or without notice, to suspend, deactivate, or terminate any Account and remove any associated content where:
- The Account has remained inactive for an extended period;
- The user violates these Terms;
- The user engages in unlawful, fraudulent, abusive, harassing, threatening, or infringing conduct;
- The user causes harm to other users, third parties, or the legitimate interests of ShipX.
ShipX may report unlawful activities to competent governmental authorities where required by law.
Users may request account deletion by submitting a written request to ShipX. However, account deletion shall not affect any outstanding obligations, pending transactions, or liabilities arising before or after the deletion request.
Users remain responsible for completing all outstanding transactions and obligations associated with their Account.
Users may only register and maintain an Account if they possess the legal capacity required to accept and be bound by these Terms.
ARTICLE 11. INTERNATIONAL AIR TRANSPORT PROVISIONS
11.1. Application of the Montreal Convention 1999
For international carriage of goods by air, the Montreal Convention 1999 shall apply to govern the liability of the carrier and shall supplement the Law on Civil Aviation of Vietnam 2006 (as amended in 2014).
11.2. Liability Limits under the Montreal Convention
The liability limit applicable to international air transportation shall be:
22 SDR per kilogram, as provided under Article 22 of the Montreal Convention 1999,
or such compensation policy as may be published and applied by ShipX from time to time, provided that such policy does not conflict with mandatory applicable law.
11.3. Dangerous Goods (DG)
Dangerous Goods shall only be accepted in strict compliance with the current edition of the IATA Dangerous Goods Regulations (DGR).
ShipX reserves the right to refuse any Shipment that appears to contain undeclared Dangerous Goods or otherwise fails to comply with applicable regulations.
11.4. Aviation Security Screening
All Shipments are subject to aviation security screening requirements in accordance with:
- Decree No. 92/2015/ND-CP;
- Regulations issued by the Civil Aviation Authority of Vietnam (CAAV);
- Applicable international aviation security standards.
ShipX may refuse any Shipment that fails to satisfy applicable security requirements.
11.5. Air Waybill Priority
The Air Waybill issued by the operating carrier shall constitute the primary legal transportation document.
The ShipX Air Waybill shall serve as a supplementary contractual document.
The Sender is responsible for verifying the accuracy of all information contained in the carrier-issued Air Waybill before the Shipment is accepted for transportation.
ARTICLE 12. CUSTOMS AND TAXES
12.1. Accurate Customs Declaration
The Sender is responsible for accurately declaring the true value of the goods on the Commercial Invoice and any customs documentation.
Undervaluation or misrepresentation of shipment value may constitute a violation of customs laws and may result in:
- Confiscation of goods;
- Administrative penalties;
- Customs fines;
- Other sanctions imposed by authorities in either the origin or destination country.
12.2. Import Duties and Taxes
Import duties, value-added tax (VAT), customs processing fees, and any other taxes or charges imposed by the destination country shall be the responsibility of the Sender or Recipient, depending on the agreed Incoterms® or shipping terms.
ShipX shall not be liable for any such duties, taxes, fees, or governmental charges.
12.3. Customs Holds and Inspections
Where a Shipment is detained by destination-country customs authorities for inspection or review, ShipX shall promptly notify the Sender and, where reasonably possible, assist in coordinating with customs brokers or customs authorities.
Any additional customs-related expenses shall be borne by the Sender.
12.4. Regulatory Changes
ShipX shall not be liable for delays, costs, losses, or other consequences arising from changes in customs regulations, import requirements, export controls, duties, taxes, or governmental policies of any country during the transportation process.
ARTICLE 13. EFFECTIVENESS, AMENDMENTS, AND GOVERNING LAW
13.1. Effective Date
These Terms shall become effective from the date of publication on ShipX's official website (www.shipx.asia) and shall apply to all transactions conducted after such publication date.
13.2. Amendments
ShipX reserves the right to amend, supplement, or update these Terms as necessary to comply with applicable laws, regulations, or operational requirements.
Any amended version shall be published on the ShipX website at least fifteen (15) days prior to its effective date.
For material changes that may significantly affect customers' rights or obligations, ShipX will provide notice to the Sender via the registered email address.
13.3. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Socialist Republic of Vietnam.
Where international air transportation is subject to the Montreal Convention 1999, the Convention shall prevail with respect to matters concerning carrier liability and other issues specifically governed by the Convention.
ARTICLE 14. SEVERABILITY
14.1.
If any provision of these Terms is determined by a competent authority to be invalid, illegal, or unenforceable, such determination shall not affect the validity, legality, or enforceability of the remaining provisions, which shall remain in full force and effect.
14.2.
In such circumstances, the parties agree that the invalid or unenforceable provision shall be replaced, to the extent permitted by law, with a valid provision that most closely reflects the original economic intent and legal purpose of the affected provision.
CONTACT INFORMATION
| Company | SGLINK Import Export JSC (Operating under the brand name ShipX) |
| Address | 28 Street No. 6, Bay Hien Ward, Ho Chi Minh City, Vietnam |
| info@shipx.asia | |
| Hotline | 1900 633 027 (Vietnam) |
| Website | shipx.asia |
| Legal Department | info@shipx.asia |
ARTICLE 15. GENERAL PROVISIONS
15.1. Governing Law
These Terms shall be governed by and interpreted in accordance with the laws of the Socialist Republic of Vietnam.
15.2. Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms shall first be resolved through good-faith negotiation between the parties following written notice of the dispute.
If the parties are unable to reach an amicable resolution within thirty (30) days from the date of such notice, the dispute shall be submitted to the competent People's Court of Vietnam in accordance with applicable Vietnamese law.
15.3. Entire Agreement
These Terms constitute the entire agreement between the parties concerning the use of ShipX's services and supersede all previous versions of ShipX's General Terms and Conditions.
Version: 3.0 | Issue Date: January 1, 2025 | Effective Date: January 1, 2025
These Terms and Conditions supersede and replace all previous versions of ShipX's General Terms and Conditions.
