Effective Date:
1. Introduction
This Shipping Policy outlines the terms and conditions governing the shipping, handling, and delivery of goods purchased through the SIMPEL, Platform ("Platform"). The goods sold on the Platform are sold by Velocity Direct Sdn Bhd (Seller”) and financed by Velocity Direct Sdn Bhd ("Financier") and are shipped via LINE CLEAR ("Logistics Provider").
This policy is in compliance with the applicable laws and regulations of Malaysia, including but not limited to the Consumer Protection Act 1999 (CPA 1999), the Sale of Goods Act 1957 (SOGA 1957), and the Personal Data Protection Act 2010 (PDPA 2010).
Contractual Obligations Between Velocity Direct Sdn Bhd and LINE CLEAR:-
i. Independent Contracting Parties
§ Velocity Direct Sdn Bhd (Financier) and LINE CLEAR (Logistics Provider) operate independently.
§ LINE CLEAR is engaged to handle shipping, delivery, and logistics for goods financed through Velocity Direct.
ii. Responsibilities of LINE CLEAR (Logistics Provider)
§ Handles pickup, transportation, and final delivery of goods.
§ Ensures timely delivery as per agreed service levels.
§ Provides tracking updates and manages claims for lost/damaged shipments.
§ Complies with Malaysian logistics regulations.
iii. Responsibilities of Velocity Direct Sdn Bhd (Financier)
§ Providing and facilitates financing of goods on the SIMPEL Platform.
§ Coordinates shipment documentation and dispute resolution with LINE CLEAR
iv. Liability and Risk Allocation
§ LINE CLEAR is responsible for goods in transit until delivery.
§ Loss, damage, or delays are handled under LINE CLEAR’s terms and policies.
§ Velocity Direct Sdn Bhd is not liable for logistics issues.
§ Both parties must comply with PDPA 2010 in handling customer data.
2. Interpretation and Definitions
2.1 Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
All and any business undertaken by LINE CLEAR EXPRESS SDN BHD [hereinafter referred to as “LINE CLEAR”] is transacted pursuant to the terms and conditions hereinafter set out and shall be deemed to be the terms and conditions of each and any agreement between LINE CLEAR and its customer [hereinafter referred to as the “Customer” and the terms “Your” or “You” or “Sender” or “Shipper” or “User” shall refer to the same] or any person acting on behalf of the Customer.
Goods generally refer to tangible, movable property that can be bought and sold. They include:
· Consumer Goods: Items purchased for personal use, such as handphones, electronics, clothing, and appliances.
· Durable Goods: Products designed to last a long time, like vehicles, furniture, and machinery.
2.3.1 Pick-up service will not be provided to or from any address not directly accessible to vehicles or where it is impractical to operate a vehicle.
2.3.2 LINE CLEAR shall only responsible for item pick up to the Sender’s address as per written on the waybill.
2.3.3 LINE CLEAR shall have the right to refuse or reject any shipment that contains prohibited item and bad packaging shipment as described as per listed in the Terms and Conditions.
2.3.4 LINE CLEAR shall have the right to refuse or delay pick-up according to pick-up cut off time.
2.3.5 Sender shall be responsible to ensure that every parcel to be picked-up are ready for LINE CLEAR’s pick-up before creating any order in LINE CLEAR’s pick-up order systems.
2.3.6 Reverse pick-up rate RM8.00/1st kg, additional weight RM1.40.
2.4.1 LINE CLEAR shall only be responsible for delivery to the receiver's address written on the waybill.
2.4.2 It is sole responsibility of the Shipper to ensure that the address is correct and legibly stated each consignment or waybill of documents or goods to enable effective delivery to be made. LINE CLEAR shall not be liable for delay in forwarding for delivery resulting from the Shipper’s failure to comply with its obligations.
2.4.3 LINE CLEAR shall not apply where delivery or failure to deliver is due to circumstances beyond LINE CLEAR’s control such as delivery instruction or information such as P.O Box for receiver address.
2.4.4 Any delivery or service fee quoted by LINE CLEAR is subject to service tax, value added tax and any other applicable tax, SST or GST, duty and expenses as may be imposed by any local or foreign customs or similar authority in respect of the carriage of the Shipper’s Shipment and the Shipper shall be primarily liable for such payment and any additional surcharge, fine, legal cost or loss suffered by LINE CLEAR.
2.4.5 For delayed Shipments, LINE CLEAR’s liability shall only be limited up to the sum of the courier charges paid by the Shipper provided that such delay was due to the negligence of LINE CLEAR, its servants or agents.
2.4.6 We do not offer a restricted-delivery service and we reserve the right to make redirect delivery and/or deliver to someone other than the person or entity names as the receiver. For avoidance of doubt, a redirect delivery is a completed delivery to an address or location other than the address on the waybill.
2.4.7 All package addresses must include the complete street address and telephone number of the receiver.
2.4.8 Shipments to hotels, hospitals, government offices or installation, university campuses, or other facilities that utilize a mailroom or other central receiving area will be delivered to the central receiving area, unless otherwise authorized and approved by LINE CLEAR.
2.4.9 Once the intended receiver has no further objection upon receiving of the item, the item shall be considered as successfully delivered and LINE CLEAR shall be released from all obligations and shall not be responsible for any loss and/or damages afterwards.
2.4.10 If the receiver is not present at the time of delivery, the items will be kept at LINE CLEAR’s designated branch for a certain period determined by LINE CLEAR. The period during which unclaimed items are kept is referred to as the “storage period”. LINE CLEAR will make three (3) attempts to deliver the said item to receiver or receiver may collect/pick up the item from LINE CLEAR’s designated branch within the storage period. The shipment will be returned to Sender after all, three (3) attempts have been exhausted. LINE CLEAR shall not be responsible for any direct or indirect damages or losses to the item or its contents arising during the storage period.
2.5.1 For domestic and international shipment, the standard of volumetric of the package is stated as follows:
Domestic Shipment | International Shipment
|
Length(cm) x Width(cm) x Height(cm) /6000𝑐𝑐𝑐𝑐3 | Length (cm) x Width (cm) x Height (cm) /5000𝑐𝑐𝑐𝑐3 |
2.5.2 Sender who fails to apply the volumetric weight calculation to a package may be assessed with volumetric weight charges by LINE CLEAR. Package volumetric may change during transit, which can affect the package’s volumetric weight and surcharge eligibility. If the volumetric change during transit, LINE CLEAR may make appropriate adjustments to the package charges at any time.
2.5.3 Charges will be applied with comparison on actual weight and volumetric weight. The greater of each two shall be used to calculate the rate.
3.1 Premium rates and services are applicable only in Peninsular Malaysia excluded remote area.
3.2 In order for the package to be delivered on the next day under Premium Service, the customer has to deliver the package before the Cut-Off Time as stipulated. (Exclusion if next day is a Public Holiday).
3.3 The Guarantee shall not apply where late delivery or failure to deliver is due to circumstances beyond LINE CLEAR’s control, as set out in the LINE CLEAR Terms and Conditions and including but not limited to the movement restrictions enforced by the government such as Movement Control Order, natural disaster, bad weather conditions, inaccurate or incomplete shipment information, delivery instructions or information (such as P.O. Box for receiver address, missing or inaccurate receiver telephone number), or receiver’s request for delay, request to change delivery address, office or shop lot has closed or does not operate, or unavailability or refusal of the receiver to accept delivery. For full circumstances, please refer to LINE CLEAR’s terms and conditions.
3.4 This Next Day Delivery Service is not available for deliveries to the Outskirt and non-serviceable locations indicated in 4.1 and 4.2 above.
3.5 Sender shall notify LINE CLEAR of any claim for late delivery within 48 hours from the date when the delivery should have reached the designated destination and provide LINE CLEAR with the Sender name and company name (if any), waybill number, date of shipment, contact number as on waybill, clear copy of LINE CLEAR receipt/invoice, complete receiver’s information and credit reimbursement bank account.
3.6 Premium delivery service level agreement is guaranteed next-day delivery.
3.7 Guaranteed time services for Premium services. Compensation per Air waybill of RM100.00 for Premium service shall be given in the form of Line Clear Express credit voucher for untimely delivery.
3.8 Responsibility to provide the documents and ensure the accuracy of the information provided shall lie solely on the Sender.
3.9 Premium rates and services are applicable for shipment in flyers and parcel boxes with dimension measuring less than 70cmx70cmx70xm and weighing less than 30kg.
3.10 PremiumBox rates and services are applicable for shipments in parcel boxes with parcel dimension measuring less than 70cmx70cmx70cm and weighing less than 15kg.
3.11 Should any one side of the parcel measures more than 70cm or weighs more than 30kg, LINE CLEAR reserves the right to change the service level agreement of the parcel to 7 days.
3.12 All parcels are required to stick Premium sticker on the exterior of the parcel next to the air waybill. Parcels without sticker will be considered as Express parcels with the service level agreement of 1-3 days without compensation for untimely delivery.
4.1 The MPS services refer to a shipment which contains multiple packages to a single receiver.
4.2 The MPS areas are acceptable at all points that LINE CLEAR serves. Individual package of a multiple package shipment may not be always delivered at the same time.
4.3 Each package within the shipment must be weighed separately.
4.4 It is expressly prohibited for the Sender to send any prohibited items.
4.5 Any failure to comply with these terms and conditions and any other relevant regulations by the Sender may result in delay, shortage, loss, damage, miss-delivery, or non-delivery, for which LINE CLEAR shall not be held liable due to external factors beyond its control.
5.1 In accordance with the Fresh Box Delivery Services, LINE CLEAR shall commit to perform a Next Day delivery of the shipment within 24 hours in designated serviceable areas in Malaysia. (Excluding Outskirt Delivery Area & East Malaysia- Sabah Sarawak)
5.2 Freshbox delivery service level agreement is Guaranteed next day delivery, operating 7 days a week within Peninsular Malaysia only.
5.3 In order for the Sender to be eligible for the Fresh Box Delivery services, the Sender must comply with the following shipment limitation:
5.3.1 Using ‘fresh-box’ waybill only;
5.3.2 Using ‘fresh-box’ sticker label;
5.3.3 Using Styrofoam box for outer packaging; and
5.3.4 Using normal box for outer packaging (based on fresh product types such as fresh fruit or fresh flower).
5.4 Shipments containing perishable articles must be packaged for a minimum transit time of at least 24 hours greater than LINE CLEAR’s delivery commitment time for the shipment as per 3.1.
5.5 The type of product characteristic that can be sent;
5.5.1 Fresh fruits;
5.5.2 Fresh flower;
5.5.3 Fresh vegetables;
5.5.4 Frozen seafood; and/or
5.5.5 Frozen process food.
5.6 Guaranteed time services for Freshbox services. Compensation per Air waybill of RM200.00 for Freshbox service shall be given in the form of Line Clear Express credit voucher for untimely delivery.
5.7 The Guarantee shall not apply where late delivery or failure to deliver is due to circumstances beyond LINE CLEAR’s control, as set out in the LINE CLEAR’s Terms and Conditions of Carriage and including but not limited to the movement restrictions enforced by the government such as Movement Control Order, natural disaster, bad weather conditions, inaccurate or incomplete shipment information, delivery instructions or information (such as P.O. Box for receiver address, missing or inaccurate receiver telephone number), or receiver’s request for delay, request to change delivery address, office or shop-lot has closed or does not operate, or unavailability or refusal of the receiver to accept delivery. For full circumstances, please refer to LINE CLEAR’s terms and conditions.
5.8 Freshbox rates and services are applicable only in Peninsular Malaysia excluded remote area.
5.9 For any Freshbox exceeding the maximum weight and box dimension, Premium rates will be automatically applied.
5.10 All parcels are required to stick Freshbox sticker on the exterior of the parcel next to the air waybill. Parcels without sticker will be considered as Express parcels with the service level agreement of 1-3 days without compensation for untimely delivery.
5.11 For any Freshbox parcels exceeding the maximum weight & box dimension, general Premium rates will be automatically applied.
6.1 Express rates and services are applicable nationwide.
6.2 Express services are applicable for shipments pack in “flyers” and parcel box.
6.3 Valuepack rates and services are applicable only in Peninsular Malaysia excluded remote area.
6.3.1 Valuepack shipment pack in “flyers” only.
6.3.2 Delivery service level agreement is within 1-3 days for Peninsular only
6.4 Value6.9 rates and services are applicable only in Peninsular Malaysia excluded remote area.
6.4.1 Delivery service level agreement is within 1-3 days for Peninsular only
6.4.2 Shipments sent with Value6.9 services are only applicable for packages weighing less than 6KG.
6.4.3 All packages sent must be packed in LINE CLEAR Value6.9 yellow courier fyler bags.
6.4.4 No liquid and fragile items are allowed to be sent using Value6.9.
6.5 Deliveries to remote areas are available however rates may vary.
7.1 For Oversize parcels, billable weight is subject to actual weight.
7.2 Oversize rates and services area applicable for shipments with any one side of the parcels measuring more than 70cm and any one side of the parcel measuring less than 240cm or weighing less than 35KG
7.3 Oversize weight is measured per parcel for multi-parcel shipments (MPS).
7.4 Oversize delivery service level agreement is within 1-7 days for Peninsular Malaysia only excluding remote areas.
7.5 The weight reflected from the Auto Weighing Machine (AWM) will used as the final weight.
8.1 Shipments that are unusually shaped, difficult to handle, uncrated or which require special handling in transit (to prevent damage to the shipment, other shipments, shipments handlers or equipment) will be assessed an additional charge and/or will be subject to delay or return.
8.2 When preparing and submitting export declarations, applications, security filings, or other required data, LINE CLEAR relies on the accuracy of all documentation, whether in written or electronic format of all information, and the Sender agrees to indemnify and hold LINE CLEAR harmless from any and all claims asserted and/or liability or losses incurred as a result of the Sender's failure to disclose information or any incorrect, incomplete, or false statement by the Sender or its agent.
8.3 All shipments are subjects to inspection by LINE CLEAR, by LINE CLEAR’s Carriers, and by any duly authorized government entities. Further, LINE CLEAR reserves the right to unilaterally reject any shipment that it deems unfit for transport after inspection.
9.1 LINE CLEAR have the right to reject acceptance of any shipment that contain prohibited items or shipment packaging that did not fulfil the packaging guideline as mentioned 3.1
9.2 LINE CLEAR is not an air transport company. LINE CLEAR’s undertaking is within the Warsaw Convention 1929 and subsequent air carriage treaties and legislation. LINE CLEAR acts as agents or its Customers when consigning documents or goods with a particular airline or carrier for onward carriage, without prejudice to its general right of subrogation hereunder, LINE CLEAR shall have the right to recover compensation from any airline or carrier for loss, damage or expense incurred by any Sender on behalf of that Sender.
10.1 LINE CLEAR have a list of outskirt delivery areas which LINE CLEAR may not be able to deliver or might cause delay for delivery due to transportation availability, locality area, and islands.
Refer lineclearexpress.com for outskirt delivery/remote area.
11.1 All shipments that crossed international borders must be cleared through customs. The Sender is responsible for making sure goods are shipped in compliance with all relevant customs regulatory (including but not limited to Customs Act 1967) requirements.
11.2 The Sender warrants that each article in any shipment accurately described in waybill and the Sender shall attach the relevant documents to meet the export or air freight requirements.
11.3 LINE CLEAR shall not be responsible for the delay in the performance of its obligations as transit time might be affected due to customs clearance procedure.
11.4 LINE CLEAR shall not be liable for or in respect of any loss or damage suffered by the Shipper howsoever caused or arising and without limiting the generality of the foregoing, whether caused or arising by reason or on account of loss or damage to goods, missed delivery or non-delivery, delay in delivery, concealed damage, deterioration, contamination, evaporation, cancellations or delays in scheduled air flights, in customs procedures or any reason at all.
11.5 The Shipper and consignees and / or their agents, if any shall be liable for any duty, tax, impost or outlays of whatsoever nature levied by the authorities of any port or place for or in connection with the goods and for any payments, fines, expenses, loss or damage incurred or sustained by LINE CLEAR in connection herewith. The Shipper warrants that each article in any Shipment is accurately described and Shipper shall provide the relevant documents to meet the export or importing
requirements. The Shipper appoints LINE CLEAR or one appointed by LINE CLEAR as Shipper’s agent solely for performance of customer clearance.
11.6 LINE CLEAR shall not act as the representative for the Sender or the intended receiver in any dealings with the custom or any relevant authorities that detained or seized the shipped items; Sender and/or the intended receiver shall be fully responsible to liaise the custom or any relevant authorities at the moment such detainment or suspension of the shipment take place.
12.1. In order to complete clearance of certain items through customs, LINE CLEAR may disburse duties and taxes as assessed by customs officials on behalf of the payer and assess a surcharge for doing so, and the same shall be in accordance with all applicable and relevant laws, including but not limited to the Customs Act 1967. For all shipments, LINE CLEAR may contact the payer and request confirmation of reimbursement arrangements as a condition of clearance and delivery, and at our sole discretion, require payment of duties and taxes to be made by the payer before the release of the shipment to the receiver.
12.2. The Shipper shall bear and pay all duties, taxes, fines, imposts, expenses and losses (including without prejudice to the generality of the foregoing, charges for any additional Carriage undertaken) incurred or suffered by reason thereof or by reason of any illegal, incorrect or insufficient marking, numbering or addressing of the Shipment and comply with but not limited to any imposed at any time before or during the Carriage relating to anti-terrorism measures of custom, port and other authorities and Shipper warrants LINE CLEAR that the description and particulars including, but not limited to, weight, content, measure quantity, quality, condition, marks, numbers and value are correct.
12.3. If a receiver or a third party from whom reimbursement confirmation is required refuses to pay the duties and taxes upon request, we may contact the Sender. If the Sender refuses to make satisfactory arrangements to reimburse LINE CLEAR, the shipment may be returned to the Sender (in which case, Sender will be responsible for both original and return charges).
13.1. Claim on damage/lost to the parcel or its content can only be claimed by the Sender or the representative of the Sender who has been authorized in writing by the Sender. The claim or lost request together with required physical and effective proof and any other necessary documents must be completely filled up and submitted within 48 hours from the date when the delivery should have reached the designated destination.
13.2. LINE CLEAR must receive notice of a claim due to damage (visible or concealed), delay (including fresh product claims) or shortage within forty-eight (48) hours from the date when the delivery should have reached the designated destination. Any claim which is submitted beyond the limitation period shall be time-barred in which LINE CLEAR shall have no liability whatsoever.
13.3. In the case of lost due to undelivered because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the consignee may be disposed or returned at LINE CLEAR’s option at any time, shipment shall not be deemed to be lost until at least twenty-one (21) days have elapsed since the date of lodgment of your complaint of the undelivered item with LINE CLEAR.
13.4. LINE CLEAR reserves the right to inspect a damaged shipment on the receiver’s premises as well as the right to retrieve the damaged package for inspection at a LINE CLEAR facility. When a package is picked up for inspection, a receipt for the damaged package will be provided if requested by the receiver. LINE CLEAR reserves the right to request a self-inspection requiring proof of damage in the form of photographs of the carton, inner packaging and damaged contents.
13.5. When LINE CLEAR resolves a claim by paying full value for a shipment, we reverse the right to pick up the package for salvage, and all rights, title to, and interest in the package shall vest with us.
13.6. LINE CLEAR’s total liability under any circumstances whatsoever shall not exceed Ringgit Malaysia Two Hundred (RM200.00) only per Shipment or the cost of replacement, whichever is lower. For the purpose of determining the amount of LINE CLEAR’s liability under this clause, value of a document of the goods shall be ascertained by reference to their replacement or constitution value at the time and place of shipment without reference to their commercial utility to the Sender and/or other items of consequential loss. Instances where a higher value has been declared in which case the shipment shall be insured by the Sender and the Sender’s sole remedy shall be from the proceeds of the insurance policy.
13.7. Non-cooperation by the Sender such as incomplete submission of documents, breach of the forty-eight (48) hours deadline, non-respond from Sender shall be deemed prejudicial LINE CLEAR and LINE CLEAR reserves the rights to reject and end the claim request.
13.8. The claimant has the burden to prove that he/she/it has suffered the loss or damage. LINE CLEAR reserves the right to refuse any claim if the claimant is unable to verify or provide sufficient evidence hat the loss or damage occurred under LINE CLEAR's control.
13.9. Insured items will only be claimable under its respective insurance with complete compliance with terms and conditions of insurance company as well as those listed herein.
13.10. The claimant shall bear all costs and expenses in returning the damaged (or in the event of lost recovered later) parcel(s) to LINE CLEAR and LINE CLEAR shall not be reimbursed any expenses incurred by the claimant in connection with the claim request process.
13.11. Claim will be based on partial claim or full claim, on case-to-case basis and based on customer difference dispute scenario.
13.12. Upon full investigation conducted by LINE CLEAR and in the event LINE CLEAR decided there should be rejection of the claim request, such decision shall be final and conclusive. LINE CLEAR shall not be party to any further negotiation/appeal/settlement/litigation process pertaining to the claim.
13.13. The claimant acknowledges that in no event shall LINE CLEAR refund the shipping fee to the claimant, regardless of whether the claim has been approved or rejected.
13.14. No claim shall be entertained until all outstanding amount due to LINE CLEAR from the Sender have been fully settled. The amount of any such claim shall not be set off any amount owing to LINE CLEAR.
All shipments are bounded by LINE CLEAR. These terms and conditions herein may be updated by LINE CLEAR from time to time without prior notice to you and such updated terms and conditions shall bind you in respect to the use of the services, as from the date specified by LINE CLEAR or such date as the terms and conditions shall take effect, whichever is the earliest.
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