terms | Hercules Logistics

SERVICE TERMS

General
1. Office hours are Monday to Saturday (09:00 to 17:00) and warehouse operation hours are Monday to Saturday (09:00 to 12:00).
2. Both office and warehouse will be close on Sundays and gazette holidays.
Freight Forwarding Service
1. CUSTOMER shall be responsible to pay in advance for taxes and duties payable, ports charges and charges related to shipping lines.
2. CUSTOMER clearance service and license application service fee does not include customs duties and other taxes payable to government.
Warehousing Service
1. Maximum pallet storage capacity is 1 PALLET = 1 CBM = 800 KG.
2. Standard pallet size is 120 cm (L) x 100 cm (W) x 100 cm (H).
3. Chargeable weight is whichever greater between volumetric weight (VKG) and gross weight (KG). Volumetric weight (VKG) for storage is calculated based on (Length * Width * Height in CM) / 1500. Minimum chargeable weight per load is 25 KG.
4. Storage charges do not include labeling, kitting, removing, packing, unpacking, stowing, restoring, and other value-added services.
5. Inventory will be recorded and issued as of the UOM received. Storage charges may be varied according to inventory UOM.
6. Inventory will be managed on a first-In-first-out basis where the ‘in’ date is deemed to be the later of (i) the delivery date requested in the relevant Goods order issued to CUSTOMER; and (ii) the date the Goods actually arrived at the Warehouse (“Modified FIFO”).
7. In no event, HERCULES has the obligation or authority to determine the level of Goods inventory to be ordered into, or maintained in warehouses.
Full Truck Load Service
1. Freight excludes loading charges at loading place. FTL Freight excludes unloading charges at destination place. Any place from which any Goods are to be collected or to which any Goods are to be delivered must have safe and adequate loading facilities and equipment available.
2. Freight is only valid for only one loading place and one unloading place. If loading and unloading place are more than one place, additional service fees will be charged.
3. Lay time for full truck load service is 12 hours. Day Over Fees will be charged after 12:00 and Night Over Fees will be charged after 24:00.
4. In the event that consignor at the unloading place is not available or unattended, HERCULES shall have full rights to deposit the cargo at HERCULES WAREHOUSES and CUSTOMER shall pay all incurred costs and expenses. HERCULES shall not be responsible for re-delivery of the same cargo.
5. For Yangon, Zone Y1 includes Mingalardon, North Okkalapa, Shwepyithar. Zone Y2 includes Dagon Seikkan, East Dagon, North Dagon, South Dagon. Zone Y3 includes Ahlone, Bahan, Botataung, Dagon, Kamaryut, Kyauktada, Kyimyindaing, Lanmadaw, Latha, Mingalartaungnyunt, Pabedan, Pazundaung, Sanchaung, Seikkan, South Okkalapa, Tamwe, Thaketa, Thingangyun, Yankin. Zone Y4 includes Hlaing, Hlaingthayar, Insein, Mayangone. Zone Y5 includes MITT, Thanlyin.
6. For Mandalay, Zone M1 includes Pyigyidagun, Amarapura. Zone M2 includes Chanmyathazi. Zone M3 includes Mahaaungmyay, Chanayethazan. Zone M4 includes Aungmyaythazan. Zone M5 includes Myitnge.
Less Than Truck Load Service
1. Unit of measurement equivalent is 1 CBM = 800 KG = 1 PALLET. Storage capacity per pallet is only 800 KG. Maximum Pallet Dimension is 120 cm (L) x 100 cm (W) x 100 cm (H).
2. Chargeable weight is whichever greater between volumetric weight (VGM) and gross weight (KG). Volumetric weight (VGM) for transportation is calculated based on (Length * Width * Height in CM) / 2500. Minimum chargeable weight per load is 25 KG.
3. Minimum order quantity for Door to Gate, Gate to Door, Door to Door, Pick Up and Delivery Services are 500 KG per Delivery Order.
4. Delivery service to all townships in Yangon are available except Dala and Seikkyi Khanaungto. Delivery service to all townships in Mandalay are available except Patheingyi.
5. Freight is only valid for only one loading place and one unloading place. If loading and unloading place are more than one place, additional service fees will be charged.
6. Cut-off time for pickup order is 13:00 and warehouse receiving is 16:00.
Surcharges
1. For warehousing service, overtime fees for service out-of-operation hours is 4 MMK per KG. Minimum order quantity is 7500 KG.
2. For warehousing and less than truck load service, additional labor fees for packages more than 25KG per package is 4 MMK per KG.
3. For less than truck load service, cargo valued more than 300,000 MMK must be declared and will be charged at 10% of the declared value.
4. For full truck load service and less than truck load service, Fuel Surcharge is 1.5% of undiscounted FREIGHT (or FREIGHT RELATED ONLY) for the 50 MMK increase of Premium Diesel Retail Price per Liter. Fixed Index Diesel Retail Price is at 2000 MMK per Liter.
Remunerations
1. CUSTOMER shall pay for ports charges, port storage charges, fees charged by shipping lines with official receipt and invoices (paper or e-document).
  
  CUSTOMER shall pay charges, taxes, fines, stopover fees, and duties payable to government or local authorities due to cargo.
2. Cancellation fees for cancellations occurring 12 hours notice prior to commenced time is 50% of quoted PRICE and cancellations occurring with less than 12 hours notice prior to the commenced time will be charged 100% of quoted PRICE. Cancellations must be made within working hours.
3. In the event of late payment, HERCULES shall be entitled to charge fees as follows: (a) 50000 MMK for each statement or notification (b) 1% per month of the amount outstanding. Such payments to be made within 14 days of invoice.
4. In the event that CUSTOMER fails to pay storage charges for more than three months, CUSTOMER agrees that HERCULES take possession of the goods and sell them, and remit any balance to the CUSTOMER after deduction of all charges and costs incurred by HERCULES.
Warranties and Obligations
1. All cargoes rendered to HERCULES for warehousing, transportation and logistics service must be complied with all laws and regulations of the Union of Myanmar.
2. All cargoes are received for warehousing and transportation are received as apparent good order and condition so that damages and deviations inside the package or carton shall not be the liability of HERCULES.
3. CUSTOMER is responsible proper cargo packaging which means warehouse storage worthiness and transport worthiness.
4. CUSTOMER agrees that no Goods for which HERCULES is asked or required to render the Services are hazardous or fragile, unless the parties agree otherwise in writing.
5. In the event HERCULES agrees to render the Services for hazardous or fragile Goods, it is CUSTOMER’s responsibility to provide HERCULES with all documentation necessary to comply with the laws and regulations related to the handling, warehousing, or transporting of such Goods.
Limitations of Liability
1. CUSTOMER shall retain risk of loss for Goods while under HERCULES’s care, custody and control; provided however that HERCULES shall be liable to CUSTOMER for CUSTOMER’s Replacement Cost (as defined below) for any Goods lost, damaged or destroyed while in a HERCULES Warehouses, to the extent caused by the negligence, gross negligence or willful misconduct of HERCULES, its employees or agents; provided, however, that HERCULES’s liability shall be limited to 10,000,000 MMK per Sales Order. Undeclared valuable cargo will be compensated at the rate of 10 times of the discounted PRICE and compensation shall not exceed the actual value of the cargo.
2. “Replacement Cost” shall mean CUSTOMER’s invoice price for such Goods as of the date of the loss or damage.
3. HERCULES shall maintain insurance from reputable insurance companies sufficient to cover its liabilities.
Confidentiality
1. HERCULES and CUSTOMER agrees not to disclose to third parties’ information in connection with costs (including HERCULES’s pricing for Non-standard Services), expenses, ways of doing business or techniques, nor any other information or document received from the other party.
Act of God or Force Majeure
1. Neither party shall be responsible for non-compliance with any of the obligations under this Agreement, if, and only to the extent that said non-compliance is due to an act of God or force majeure, including but not limited to, invasion, fire, war, terrorism or any other similar act of nature or man (including act of government) that is outside the reasonable control of the parties and for which no blame or fraud can be imputed.
2. If the act of God or force majeure continues for more than ninety (90) days, either party may terminate this Agreement by giving the other party a further thirty (30) days written notice.
3. Any party that claims act of God or force majeure shall promptly notify the other party of such act of God or force majeure, the effects on its compliance with its obligations, the estimated duration thereof and when the act of God or force majeure ends.

Reference : (HL2023) Outward Correspondence - HL2023010101 - Service Terms