SFC TERMS AND CONDITIONS OF SERVICE

INTRODUCTION

• The following paragraphs contain the general terms and conditions under which SFC Service Ltd is engaged in the transportation of small packages, including “Postal Mail” and “Express Parcels”, itself and jointly through interchange with its affiliates. Effective May 10, 2007, SFC Terms and Conditions of Service,
• SFC is engaged in the transportation of small packages via a variety of services, including “Postal Mail”and“Express Parcels”.

SHIPMENT DEFINITION

• Definition of Package

The term “package” as used herein means any container and its contents.

• Commodities Handled and Restrictions on Service

SFC holds itself out to transport general commodities, as usually defined, subject to the following restrictions.

• Items Not Accepted for Transportation
  No service shall be rendered in the transportation of any of the prohibited articles listed in the applicable Hong Kong Postal service guide or SFC’s affiliates companies, such as DHL, FexEx, UPS, EMS and etc. SFC does not accept for transportation, and shippers are prohibited from shipping:

a. Articles of big value (as defined in next section);

b. Hazardous waste;

c. Human remains, fetal remains, human body parts, or components thereof;

d. Fireworks;

e. Packages with an actual weight of more than 70kg;

f. Packages with a value of more than US$500;

• SFC will not be liable or responsible for the loss of or damage to any package, the contents of which shippers are prohibited from shipping, which SFC is not authorized to accept, which SFC states that it will not accept, or which SFC has a right to refuse. The shipper agrees to indemnify SFC and affiliated companies, their officers, directors, employees, agents, and their successors and assigns, from costs, fees, or expenses SFC incurs as a result of the shipper’s noncompliance with governmental laws or regulations applicable to the package, or SFC requirements applicable to the package, from shipper’s tendering any prohibited item for shipment, or from shipper’s failure to comply with the terms of the SFC Terms and Conditions of Service.

DEFINITION OF BIG VALUE

• Shippers are prohibited from shipping articles of big value via SFC. Articles of unusual value shall be deemed to include, but are not limited to:

a. Any package with an actual value of more than US$500;

b. Coins, currency, postage stamps, negotiable instruments (except checks), money orders, unset precious stones, and industrial diamonds;

c. Any article that contains more than 50 percent by weight of gold or platinum, or any combination thereof in raw form, including, but not limited to, bullion, bars or scraps of these metals.

• SFC will not be liable for any loss of or damage to articles of unusual value. SFC reserves the right, but is not required, to return to the shipper any package containing an article of unusual value. Such return will be made solely at the shipper’s risk and expense.

PROHIBITED BY REGULATION OR LAW

It is the responsibility of the shipper to ensure that a shipment tendered to SFC does not violate any federal, state, provincial, or local laws or regulations applicable to the shipment. No service shall be rendered by SFC in the transportation of any shipment that is prohibited by applicable law or regulation of any federal, state, provincial, or local government in the origin or destination country.

OTHER ARTICLES THAT PROHIBITED FROM SHIPPING WITH SFC

• Alcoholic Beverages
• Biological Materials
• Firearms and Ammunition
• Foods of Any Kinds
• Hazardous Materials
• Hazardous Waste and Mercury-Containing Waste
• Perishable Commodities Or Commodities Requiring Protection From Heat Or ColdTobacco Products

RIGHT OF INSPECTION

SFC reserves the right in its sole discretion to open and inspect any package tendered to it for transportation, but is not required to do so.

REFUSAL OF SERVICE

• SFC reserves the right to refuse to provide service, among other reasons, for any package which by reason of the dangerous or other character of its contents may, in the sole judgment of SFC, soil, taint or otherwise damage other packages or SFC’s equipment, or which is improperly or insecurely packed or wrapped. Packages must be so packed or wrapped as to meet the International Safe Transit Association, Procedure 3A, Procedure for Testing Packaged Products, published by the International Safe Transit Association. In addition, any tested product must be free from damage and the packaging must afford reasonable protection as determined by SFC in its sole judgment.

• Before accepting any package for service, SFC reserves the right to require sufficient verification, as determined by SFC in its sole discretion, of the shipper’s name and address, or any other information necessary to accept the package for service. In addition, SFC reserves the right to refuse to provide service for any package, or to or from any location, or to provide alternative service arrangements when, among other reasons, SFC, in its sole discretion, deems that it is unsafe or economically or operationally impracticable to provide service.

PACKAGING

It is the responsibility of the shipper to ensure that proper packaging is used and that contents of packages are adequately and securely packed, wrapped, and cushioned for transportation. When shipping certain electronic media containing sensitive personal information (such as personal, financial or health information), it is recommended that the shipper retains a copy of the data and secures the data on the electronic media through encryption or other technological means. The use of SFC-provided packaging is not a guarantee that an item is sufficiently packaged for transportation. SFC does not provide special handling for packages with “Fragile,” package orientation (e.g., “UP” arrows or “This End Up” markings), or any other similar such markings.

Use of SFC or Its Affiliated Companies’ Provided Materials and Services

• SFC-provided materials, including but not limited to, packaging materials and supplies, envelopes, labels, label printers, shipping documents, publications and products are provided solely for the use of SFC shippers to obtain SFC services on their behalf and to interact with SFC. Any other use of such SFC-provided materials is strictly prohibited.
• Under no circumstances may a shipper sell any SFC-provided materials, products, or services to any third party without prior written authorization from SFC.

PROVISIONS FOR CUSTOMS CLEARANCE OF INTERNATIONAL PACKAGES

• The shipper must provide all required documentation for export or import (i.e., for customs clearance). By providing required documentation, the shipper certifies that all statements and information relating to exportation and importation are complete, true and correct. Furthermore, the shipper understands that civil and criminal penalties, including forfeiture and sale, may be imposed for failing to provide all required documentation, statements, and information, for making inaccurate, false or fraudulent statements, or for violating U.S. laws on importation or exportation (see e.g., 13 U.S.C. § 305, 18 U.S.C. §§545, 554 and 1001, 19 U.S.C. §§ 1595a and 1592, 22 U.S.C. § 401, and Subchapter C of15 C.F.R. (i.e., The Export Administration Regulations).
•  When a shipment is tendered to SFC, SFC is thereby appointed as the agent for performance of customs clearance, to the extent allowed by law. SFC is specified as the nominal consignee for the purpose of designating a customs broker to perform customs clearance. Local authorities may require documentation confirming that SFC has been designated as the nominal consignee.
• Fines, penalties, liquidated damages, storage charges or other expenses incurred as a result of an action by U.S. Customs and Border Protection (or any other U.S. or foreign government agency regulating imports or exports), or the failure by the shipper or consignee to provide all required documentation, statements, and information (including the failure to obtain a required license or permit) will be charged to the consignee along with any applicable duties, fees, or taxes. However, the shipper is liable for all charges in the event of non-payment by the consignee. The shipper agrees to indemnify, defend, and hold harmless SFC, its parent corporation, and affiliated companies, their officers, directors, employees, agents, and their successors and assigns, from any and all claims or liability, including, but not limited to, duties, fines, penalties, liquidated damages or other money due, arising from the transportation, importation, exportation or clearance of shipments on behalf of the shipper, or arising from the shipper’s noncompliance with governmental laws or regulations applicable to the shipment, or SFC requirements applicable to the shipment. SFC doesn’t provide brokerage service in any countries.
• Additional charges may apply for complex customs clearance procedures, which include, but are not limited to, the following:
  

a. Clearance procedures involving a government agency other than U.S. Customs and Border Protection

b. Customs Bonds

c. Drawbacks

d. Formal entries involving more than five tariff lines

e. Live Entries

f. Country of Origin Marking; or

• Temporary Import Bonds (T.I.B.) SFC is under no obligation, unless the customer requests in writing and SFC agrees in writing, to undertake any pre- or post-importation action, including, but not limited to,obtaining binding rulings, advising of liquidations, filing protests or filing petitions forrelief.
• SFC may prepay duties, fees, or taxes on behalf of the payer. For importation into the United States, a fee, set forth in the SFC Rates applicable to the shipment in effect at the time of shipping, will be assessed and billed to the importer. A fee may also apply for shipments to other countries.
• The shipper agrees and consents that SFC may preserve a record of the carriage for an international shipment using means other than producing a copy of the air waybill. The shipper acknowledges that it has a duty to and is solely liable for maintaining all records as required under the customs or other government agency laws; unless otherwise agreed to in writing, SFC assumes no responsibility to act as a record-keeper or record-keeping agent for the shipper.

ADDITIONAL HANDLING CHARGE

An Additional Handling charge, set forth in the SFC affiliated companies, must be paid by the shipper.

CURRENCY CONVERSION RATE

All shipping charge will be converted to US dollars using SFC’s daily rate.

LIABILITY LIMITATIONS AND CLAIMS

SFC’S Maximum liability or claim will not exceed customers’ payment for SFC.