Terms & Conditions

These Terms and Conditions (“Terms”) govern the use of the website, member account, branch services, delivery, transportation, warehousing, fulfilment, supply chain and other logistics services provided under the Sendy Express Malaysia brand.

Sendy Express Malaysia is operated by Sendy Sdn Bhd (“Sendy”, “we”, “us” or “our”).

By registering a Sendy Account, topping up Account Credit, placing an order, submitting a Shipment, handing goods to Sendy, using our Website, visiting a Sendy branch, using our delivery, warehousing or fulfilment services, or otherwise using any Sendy Service, the Customer acknowledges that the Customer has read, understood and agreed to these Terms.

Where a Customer enters into a separate quotation, service agreement, corporate agreement, service order, warehouse agreement, fulfilment agreement, insurance arrangement or other written agreement with Sendy, that agreement shall apply together with these Terms.

Where there is any inconsistency, the specifically agreed written terms shall prevail for the relevant Service to the extent of that inconsistency.

1. DEFINITIONS

For the purposes of these Terms:

1.1 "Account"

means a registered Sendy member account.

1.2 "Account Credit"

means prepaid credit recorded in a Customer's Sendy Account and available for payment of eligible Sendy Services.

1.3 "Business Day"

means a day on which the relevant Sendy operation is open for business, excluding applicable public holidays unless otherwise stated.

1.4 "Customer"

means the person or business placing an order or using a Sendy Service and may include the sender, consignor or registered Account holder.

1.5 "Consignee" or "Recipient"

means the person or entity identified to receive a Shipment.

1.6 "Consignment" or "Shipment"

means any parcel, package, carton, pallet, goods, merchandise or other item accepted by Sendy for transportation, storage, fulfilment or delivery.

1.7 "Fragile Goods"

means goods which, because of their nature, construction, material or sensitivity, may easily crack, break, shatter, chip, scratch, deform or suffer internal damage during handling or transportation.

1.8 "Service"

means any delivery, transportation, logistics, warehousing, fulfilment, supply chain or related service offered by Sendy.

1.9 "Website"

means sendy.com.my and any related Sendy website, member portal, application or online platform.

2. SCOPE OF SENDY SERVICES

Sendy provides logistics and delivery services which may include, but are not limited to, the following.

2.1 Parcel Delivery

Collection, transportation and delivery of parcels, packages, cartons, documents and other permitted goods.

2.2 Commercial Parcel and Carton Delivery

Regular, bulk or business-to-business transportation of cartons, parcels and commercial shipments.

2.3 Pallet and Commercial Delivery

Transportation and delivery of palletised goods, commercial cargo and larger business shipments.

2.4 Motorcycle Delivery

Local, express or last-mile delivery of goods suitable for transportation by motorcycle.

2.5 Electrical Appliance Delivery

Transportation and delivery of electrical appliances and other suitable bulky products.

2.6 Mattress Delivery

Transportation and delivery of mattresses, bedding products and related bulky goods.

2.7 Sofa and Furniture Delivery

Transportation and delivery of sofas, furniture and other bulky household or commercial goods.

2.8 Warehousing

Services may include:

  • inbound receiving;
  • storage;
  • inventory handling;
  • stock management;
  • sorting;
  • warehouse transfers;
  • outbound processing; and
  • other agreed warehousing activities

2.9 E-Commerce Fulfilment

Services may include:

  • inventory receiving;
  • inventory storage;
  • SKU management;
  • order processing;
  • picking;
  • packing;
  • labelling;
  • shipment preparation;
  • dispatch;
  • return processing; and
  • other fulfilment activities.

2.10 Supply Chain Distribution

Services may include:

  • scheduled distribution;
  • business-to-business delivery;
  • warehouse-to-warehouse transfer;
  • retail replenishment;
  • distribution centre delivery;
  • route delivery;
  • supply chain transportation; and
  • other agreed logistics activities

2.11 Additional Services

Sendy may introduce, modify or discontinue particular services, vehicle categories, logistics solutions or value-added services from time to time.

Availability may depend on:

  • service area;
  • Shipment type;
  • vehicle availability;
  • weight;
  • dimensions;
  • operational capacity;
  • delivery location; and
  • other relevant operational considerations

3. METHODS OF PLACING AN ORDER

Customers may use Sendy through methods made available by Sendy from time to time

3.1 Branch / Walk-In Order

Customers may visit an authorised Sendy branch or service location and arrange delivery directly at the counter.

The Customer must provide the required Shipment information and make payment unless another payment arrangement has been approved by Sendy.

3.2 Registered Member Account

Customers may register a Sendy Account and use available online functions to:

  • create delivery orders;
  • arrange pickups;
  • maintain Account Credit;
  • track Shipments;
  • view transactions;
  • access applicable member pricing;
  • manage addresses;
  • access promotions; and
  • use other services made available by Sendy.

3.3 Corporate and Business Accounts

Business Customers may enter into separate commercial arrangements which may include:

  • negotiated pricing;
  • scheduled pickup;
  • bulk delivery;
  • warehousing;
  • fulfilment;
  • credit terms;
  • dedicated vehicles;
  • API integration;
  • supply chain services; and
  • customised operating procedures.

Separate commercial terms may apply.

4. ACCOUNT REGISTRATION

Customers registering an Account must provide information which is accurate, complete and current.

The Customer is responsible for:

  • identity verification;
  • business verification;
  • payment verification;
  • Account security;
  • fraud prevention;
  • insurance;
  • legal compliance; or
  • operational purposes.

Sendy may require reasonable verification for:

Transactions performed through an authenticated Account may be treated as authorised by the Account holder unless there is reasonable evidence otherwise.

5. ACCOUNT CREDIT AND TOP-UP

5.1 Account Credit

Registered Customers may maintain prepaid Account Credit for payment of eligible Sendy Services.

5.2 Bank Transfer

Customers may top up their Account by transferring funds to an official Sendy bank account or another authorised payment channel.

Sendy may require:

  • transaction reference;
  • transfer receipt;
  • proof of payment;
  • Account details; or
  • other reasonable verification information.

5.3 Confirmation of Credit

A top-up is only considered successfully credited after the funds have been received and verified by Sendy.

A bank transfer screenshot or transaction instruction alone does not constitute confirmation that funds have been received.

5.4 Nature of Account Credit

Account Credit represents prepaid value available for the purchase of Sendy Services.

Account Credit:

  • is not a bank deposit;
  • is not a savings account;
  • is not an investment;
  • is not interest-bearing; and
  • does not generate investment returns.

5.5 Insufficient Account Credit

Where there is insufficient Account Credit, Sendy may require the Customer to top up the Account or use another accepted payment method before an order is confirmed.

5.6 Incorrect or Reversed Payments

Where a payment is:

  • reversed;
  • duplicated;
  • cancelled;
  • fraudulent;
  • charged back;
  • incorrectly credited; or
  • otherwise made in error,

Sendy may adjust the Account after reasonable verification.

Where the affected Account Credit has already been used, the Customer remains responsible for any resulting outstanding balance.

5.7 Refund of Unused Account Credit

Requests for refund of unused Account Credit may be subject to:

  • Customer verification;
  • verification of the original payment;
  • outstanding amounts;
  • promotional credit restrictions;
  • payment processing requirements; and
  • applicable law.

Promotional credits, complimentary credits, vouchers, bonuses and rewards may be non-refundable and may be subject to separate expiry periods or conditions.

5.8 Transfer of Account Credit

Account Credit may not be transferred between Customers unless Sendy expressly provides or approves such a function.

6. PAYMENT

Sendy may accept payment through:

  • Account Credit;
  • bank transfer;
  • online banking;
  • payment gateway;
  • debit card;
  • credit card;
  • cash at selected locations; or
  • other approved payment methods.

Sendy may hold a Shipment or decline to process an order until all applicable charges have been paid, unless an approved credit arrangement applies.

7. PRICING AND SERVICE CHARGES

Charges may be calculated according to factors including:

  • actual weight;
  • volumetric weight;
  • dimensions;
  • quantity;
  • distance;
  • destination;
  • delivery zone;
  • service type;
  • vehicle type;
  • pallet quantity;
  • storage duration;
  • manpower;
  • waiting time;
  • loading;
  • unloading;
  • stair carry;
  • special equipment;
  • special handling;
  • delivery urgency; and
  • additional services.

Unless expressly stated as fixed, quotations or system-generated prices may be based on information provided by the Customer and may be adjusted following physical verification.

8. ACTUAL WEIGHT AND VOLUMETRIC WEIGHT

Unless a different formula is expressly provided for a specific Service, transportation charges may be based on whichever is higher between:

  1. actual weight; and
  2. volumetric weight.

The standard volumetric weight calculation is:

Length (cm) × Width (cm) × Height (cm) ÷ 6000

Sendy may:

  • adjust the shipping charges;
  • deduct the difference from Account Credit;
  • request additional payment; or
  • hold the Shipment until the outstanding amount is paid.

any Shipment.

Where the actual measurements differ from those declared by the Customer, Sendy may:

9. CUSTOMER RESPONSIBILITY FOR SHIPMENT INFORMATION

The Customer must provide complete and accurate information including, where applicable:

  • redelivery;
  • returns;
  • address correction;
  • additional transportation;
  • storage; and
  • waiting time.

The Customer is responsible for costs reasonably resulting from materially incorrect or incomplete information, including:

10. PACKAGING RESPONSIBILITY

Unless Sendy has specifically agreed to provide a packing service, the Customer is solely responsible for properly packing and protecting the Shipment before handing it to Sendy.

Packaging must be appropriate for:

  • approval of the Customer's packaging;
  • confirmation that packaging is adequate;
  • confirmation that the goods cannot be damaged; or
  • acceptance of responsibility for insufficient packaging.

Customers should use appropriate protective materials such as:

Goods should be adequately secured inside the outer packaging to prevent excessive internal movement.

Sendy may refuse a Shipment that appears materially inadequately packed.

However, Sendy's acceptance of a Shipment does not constitute:

The Customer remains responsible for determining whether the packaging is suitable for transportation.

11. FRAGILE GOODS

11.1 Customer's Responsibility

Fragile Goods may be accepted by Sendy for transportation, but the Customer is responsible for properly protecting and packing those goods.

Fragile Goods may include:

  • glass;
  • mirrors;
  • ceramics;
  • porcelain;
  • pottery;
  • bottles;
  • screens;
  • televisions;
  • monitors;
  • lighting products;
  • artwork;
  • decorative products;
  • sensitive electronic products;
  • goods containing glass components; and
  • any other item capable of easily cracking, breaking, shattering, chipping or suffering damage from normal transportation movement.

11.2 Fragile Goods Are Transported at Customer's Risk

Unless the Customer has purchased and successfully activated insurance or shipment protection which specifically covers the relevant Fragile Goods, Fragile Goods are transported at the Customer's own risk for physical breakage and damage.

11.3 No Standard Compensation for Fragile Damage

Physical damage to Fragile Goods is excluded from Sendy's standard RM250 compensation scheme.

Without applicable insurance or shipment protection, Sendy shall not provide standard compensation for:

  • breakage;
  • cracking;
  • shattering;
  • chipping;
  • broken screens;
  • broken glass;
  • broken mirrors;
  • damaged ceramics;
  • internal damage arising from vibration or movement;
  • deformation resulting from the fragile nature of the goods; or
  • similar physical damage associated with the fragile characteristics of the goods,

to the maximum extent permitted by applicable law.

11.4 Proper Packaging Remains Required

The exclusion of fragile-item compensation does not remove the Customer's obligation to properly protect the Shipment.

Customers must package Fragile Goods appropriately for normal courier handling and transportation.

11.5 "Fragile" Labels

A label or marking stating:

  • will be separately transported;
  • will always remain upright;
  • will be manually handled at every stage; or
  • will be isolated from normal courier sorting and transportation processes.

does not constitute insurance and does not create additional liability for Sendy.

A fragile label also does not guarantee that a Shipment:

11.6 Original Manufacturer Packaging

The use of original or manufacturer packaging does not automatically mean that the packaging is suitable for courier transportation.

The Customer remains responsible for determining whether additional protection is required.

11.7 Fragile Damage and Shipment Loss Are Different

For avoidance of doubt, physical damage to a Fragile Good and complete loss of the Shipment are treated differently.

Where Fragile Goods are delivered but are broken or physically damaged:

No standard fragile-damage compensation applies unless suitable insurance or protection was purchased.

Where the entire Shipment is confirmed lost while under Sendy's custody, the claim may still be assessed under the standard loss compensation provisions in these Terms.

11.8 Packing Service

Where Sendy separately provides a professional packing service, liability relating specifically to that packing service may be assessed under the applicable packing-service terms.

Purchasing a packing service does not automatically constitute insurance.

12. PROHIBITED AND RESTRICTED GOODS

Customers must not submit any item which is unlawful, prohibited or unsafe for the selected Service.

Prohibited or restricted items may include:

  • cash;
  • blank or endorsed cheques;
  • negotiable instruments;
  • securities;
  • counterfeit goods;
  • pirated goods;
  • illegal drugs;
  • explosives;
  • ammunition;
  • flammable goods;
  • combustible goods;
  • corrosive materials;
  • toxic materials;
  • hazardous substances;
  • prohibited weapons;
  • live animals;
  • livestock;
  • restricted plants;
  • goods capable of harbouring pests;
  • restricted tobacco products;
  • restricted alcoholic products;
  • passports;
  • identity cards;
  • driving licences;
  • birth certificates;
  • debit cards;
  • credit cards;
  • jewellery;
  • precious metals;
  • antiques;
  • high-value collectibles; and
  • any goods prohibited by applicable law or Sendy's applicable service policy.

Restricted or high-value goods may require prior written approval from Sendy.

The Customer must truthfully declare the nature of the goods.

13. RIGHT TO INSPECT OR REFUSE GOODS

Sendy may open and inspect a Shipment where reasonably necessary for:

  • are illegal;
  • are prohibited;
  • are unsafe;
  • may damage other goods;
  • may damage vehicles or property;
  • may injure any person; or
  • may materially interfere with normal logistics operations.

Such inspection does not constitute a warranty that the Shipment is suitable for transportation.

Sendy may refuse, stop or return goods which Sendy reasonably believes:

14. PICKUP

Pickup dates and times are estimates unless Sendy expressly confirms otherwise.

Customers must ensure:

  • unsuccessful pickup;
  • excessive waiting;
  • rescheduling;
  • additional manpower; and
  • special access requirements.

Additional charges may apply for:

15. DELIVERY

Sendy will use reasonable efforts to deliver a Shipment to the address provided by the Customer.

Unless expressly identified as a guaranteed service, delivery dates and delivery times are estimates.

Delivery may be affected by:

  • traffic;
  • weather;
  • road conditions;
  • vehicle breakdown;
  • accident;
  • peak periods;
  • recipient availability;
  • incorrect information;
  • building restrictions;
  • security restrictions;
  • government action;
  • natural disasters; and
  • other circumstances reasonably outside Sendy's control.

16. PROOF OF DELIVERY

Depending on the Service, proof of delivery may include:

  • recipient signature;
  • recipient name;
  • photograph;
  • OTP verification;
  • electronic acknowledgement;
  • delivery scan;
  • GPS-related delivery record;
  • timestamp; or
  • other electronic evidence.

Unless alternative instructions accepted by Sendy apply, delivery to a person reasonably appearing to be authorised to receive goods at the stated address may constitute completed delivery.

17. FAILED DELIVERY

A delivery may be unsuccessful where:

  • attempt redelivery;
  • return the Shipment;
  • hold the Shipment at a Sendy location;
  • place the Shipment in temporary storage; or
  • request further instructions.

Sendy may:

Additional redelivery, return, waiting or storage charges may apply.

18. MOTORCYCLE DELIVERY

Motorcycle delivery is subject to:

  • Shipment size;
  • Shipment weight;
  • nature of goods;
  • weather;
  • road conditions; and
  • rider safety.

Sendy may reject or reassign a booking to another vehicle where the Shipment is unsuitable for motorcycle transportation.

Where the Customer materially under-declared weight or dimensions, additional charges may apply.

19. PALLET AND COMMERCIAL DELIVERY

Customers must ensure palletised goods are properly:

  • waiting time;
  • detention;
  • loading;
  • unloading;
  • special equipment;
  • restricted access; and
  • additional manpower.

Customers must declare requirements such as:

Sendy may refuse any pallet which is:

Additional charges may apply for:

20. ELECTRICAL APPLIANCE DELIVERY

Unless expressly included in the selected Service, electrical appliance delivery does not include:

  • disconnecting;
  • draining;
  • securing moving parts; and
  • protecting the appliance.

Customers must appropriately prepare appliances for transportation.

Where applicable, this may include:

Existing scratches, dents or other visible conditions may be recorded before transportation where appropriate.

21. MATTRESS, SOFA, FURNITURE AND BULKY ITEM DELIVERY

Customers must provide accurate dimensions and disclose relevant delivery-access conditions.

Relevant information includes:

  • stair carrying;
  • additional manpower;
  • waiting time;
  • special handling; and
  • restricted access.

Placement or carry-in services shall depend on the Service selected or otherwise agreed.

Unless expressly included, delivery does not include:

Additional charges may apply for:

22. WAREHOUSING SERVICES

Customers using Sendy warehousing services must provide accurate product and inventory information.

Unless otherwise agreed, standard inbound receiving may include checking:

  • internal contents;
  • product functionality;
  • product authenticity;
  • manufacturing quality; or
  • concealed damage.

Standard receiving does not necessarily include confirmation of:

Additional inspection or quality-control services must be separately agreed where required.

23. E-COMMERCE FULFILMENT

Sendy may provide fulfilment services including:

  • no longer be cancellable; or
  • be subject to additional handling charges.

Customers are responsible for accurate:

Where information is submitted electronically through Sendy's system or an authorised integration, Sendy may process the order based on the information received.

An order which has entered picking, packing or dispatch may:

24. INVENTORY RECORDS AND STOCK DISCREPANCIES

Sendy may maintain electronic warehouse and inventory records.

Customers should review inventory records and report suspected discrepancies promptly.

Sendy may investigate a discrepancy through records including:

  • inbound records;
  • inventory scans;
  • barcode records;
  • stock movements;
  • fulfilment records;
  • order records;
  • dispatch records;
  • photographs; and
  • CCTV where available and appropriate.

Stock adjustments, if any, will be determined after investigation and according to the applicable warehouse or fulfilment agreement.

25. RETURNS AND REVERSE LOGISTICS

Where available, Sendy may provide return or reverse-logistics services.

Returned goods may be subject to:

  • the condition of the goods;
  • completeness;
  • eligibility for refund; or
  • the reason for the return.

Receipt of returned goods by Sendy does not automatically confirm:

26. SUPPLY CHAIN SERVICES

Business Customers may engage Sendy for customised supply-chain and distribution solutions.

Such arrangements may contain separately agreed:

  • schedules;
  • service levels;
  • routes;
  • vehicle requirements;
  • warehouse procedures;
  • pricing;
  • insurance;
  • liability limits;
  • reporting; and
  • operating procedures.

Where a separate written commercial agreement exists, its specific terms shall apply to that Service.

27. STORAGE PERIOD AND UNCLAIMED GOODS

Storage periods, free-storage periods, maximum storage periods and applicable storage charges may differ according to the Service.

The relevant rules may be stated:

  • storage;
  • return;
  • handling; and
  • disposal.

Where a Shipment remains undeliverable, uncollected or unclaimed beyond the applicable period, Sendy may:

Customers remain responsible for reasonable costs arising from:

Dangerous, illegal, perishable or unsafe goods may be dealt with earlier where reasonably necessary or required by law.

28. ORDER CANCELLATION

Customers may request cancellation before the relevant Service has been performed.

Cancellation charges may apply where:

  • a driver or rider has already been dispatched;
  • pickup has commenced;
  • transportation has commenced;
  • warehouse work has commenced;
  • picking or packing has commenced;
  • manpower has been allocated;
  • a vehicle has been reserved;
  • special equipment has been arranged; or
  • Sendy has incurred third-party costs.

29. LOSS, DAMAGE, SHORTAGE AND CLAIMS

Customers should inspect delivered goods as soon as reasonably practicable.

Claims may include:

  • lost Shipment;
  • missing contents;
  • shortage;
  • damage;
  • incorrect delivery;
  • swapped Shipment; or
  • fulfilment error.

Submission of a claim does not itself constitute admission or acceptance of liability by Sendy.

30. CLAIM NOTIFICATION PERIOD

30.1 Missing Contents or Visible Damage

Where goods are received with:

  • missing contents;
  • visible external damage;
  • shortage; or
  • apparent physical damage,

the Customer should notify Sendy within 48 hours after receipt.

30.2 Lost Shipment

Where a standard Shipment has not been delivered and is suspected to be lost, a claim should be submitted within 7 Business Days from the relevant last tracking status update, unless another claim period applies to the particular Service.

30.3 Insurance Claims

Where insurance or additional shipment protection has been purchased, the applicable insurance claim period shall apply.

30.4 Mandatory Rights

These operational notification periods do not exclude rights which cannot lawfully be excluded under applicable Malaysian law.

31. DOCUMENTS REQUIRED FOR CLAIMS

Sendy may require information including:

  • tracking number;
  • Shipment number;
  • sender details;
  • Recipient details;
  • photographs of the Shipment;
  • photographs of the goods;
  • photographs of packaging;
  • purchase invoice;
  • sales invoice;
  • supplier invoice;
  • receipt;
  • order confirmation;
  • proof of payment;
  • proof of value;
  • proof of re-weighing;
  • proof of delivery; and
  • other reasonable evidence required for investigation.

Customers should retain damaged goods and original packaging until Sendy's investigation has been completed where reasonably practicable.

Failure to provide sufficient evidence may prevent Sendy from verifying or approving a claim.

32. CLAIM INVESTIGATION

Sendy may investigate a claim using available information including:

  • tracking records;
  • scan records;
  • branch records;
  • warehouse records;
  • driver or rider records;
  • delivery photographs;
  • proof of delivery;
  • GPS-related records;
  • CCTV where available and appropriate;
  • re-weighing information; and
  • other relevant operational records.

Sendy may request additional information before determining a claim.

33. STANDARD COMPENSATION FOR UNINSURED SHIPMENTS

33.1 Standard Compensation Limit

Unless insurance, shipment protection or another enhanced liability arrangement has been purchased and confirmed, Sendy's standard compensation for an eligible uninsured Shipment shall be limited to the lower of:

  1. the actual proven value of the eligible lost or damaged goods; or
  2. RM250 per Shipment / parcel.

The maximum standard compensation is therefore RM250 per eligible Shipment / parcel.

33.2 Examples

If the proven eligible value is RM50:<br>Maximum compensation: RM50

If the proven eligible value is RM180:<br>Maximum compensation: RM180

If the proven eligible value is RM250:<br>Maximum compensation: RM250

If the proven eligible value is RM1,000:<br>Maximum standard compensation: RM250

33.3 RM250 Is a Maximum, Not an Automatic Payment

RM250 is the maximum possible standard compensation and is not automatically payable whenever a claim is approved.

Compensation will not exceed the actual eligible proven value.

33.4 Per-Shipment Limit

Unless otherwise expressly agreed, the RM250 limit applies to the entire Shipment associated with the relevant tracking number or consignment.

Packing multiple individual products inside one parcel does not create a separate RM250 compensation entitlement for each product.

33.5 Declared Value

Entering a declared value during booking does not automatically entitle the Customer to receive that amount.

Compensation remains subject to:

  • actual proof of value;
  • eligibility;
  • these Terms; and
  • the applicable compensation limit.

34. FRAGILE GOODS EXCLUSION FROM RM250 COMPENSATION

For avoidance of doubt:

The RM250 standard compensation provision does not apply to physical breakage or damage arising from the fragile characteristics of Fragile Goods.

Unless applicable insurance or shipment protection has been purchased and confirmed, no standard physical-damage compensation shall be payable for Fragile Goods which:

  • crack;
  • break;
  • shatter;
  • chip;
  • suffer broken glass;
  • suffer a broken screen;
  • suffer broken ceramics;
  • suffer broken mirrors;
  • suffer internal damage due to normal transportation movement or vibration; or
  • suffer similar physical damage related to their fragile nature.

The Customer accepts responsibility for adequately protecting and packing Fragile Goods before transportation.

35. LOSS OF A SHIPMENT CONTAINING FRAGILE GOODS

The fragile-damage exclusion does not automatically remove eligibility for a genuine complete-loss claim.

Where an entire Shipment containing Fragile Goods is confirmed lost while under Sendy's custody and the Customer has not purchased insurance, compensation may be assessed according to the standard uninsured loss provision.

Accordingly:

Fragile item delivered but broken:<br>No standard fragile-damage compensation.

Entire Shipment confirmed lost:<br>Eligible loss may be assessed under the standard compensation provisions, up to the applicable RM250 maximum.

Insurance purchased:<br>The claim is assessed under the applicable insurance or protection terms.

36. INSURANCE AND ADDITIONAL SHIPMENT PROTECTION

36.1 Optional Insurance

Customers shipping:

  • high-value goods;
  • Fragile Goods;
  • sensitive goods; or
  • other goods requiring enhanced protection

are encouraged to purchase applicable insurance or shipment protection where offered.

36.2 Insurance Must Be Confirmed

Insurance or protection must normally be purchased and successfully confirmed before the Shipment is accepted.

A declared value alone does not constitute insurance.

36.3 Insured Shipments

Where valid insurance or additional protection has been purchased, the standard RM250 uninsured compensation limit shall not determine the insurance claim.

The claim will instead be assessed according to the applicable:

  • insured amount;
  • coverage limit;
  • policy terms;
  • exclusions;
  • excess or deductible;
  • notification period;
  • supporting documentation; and
  • claim procedures.

36.4 Fragile Insurance or Protection

Where Sendy offers insurance or protection specifically covering Fragile Goods, eligible fragile-item damage will be assessed according to the applicable insurance or protection terms.

36.5 Insurance Providers

Insurance or shipment protection may be:

  • provided by Sendy;
  • arranged by Sendy; or
  • provided through an authorised third-party insurer or protection provider.

Applicable insurance terms shall determine coverage and compensation.

36.6 No Double Recovery

Customers may not obtain duplicate compensation for the same loss from both:

  • Sendy's standard compensation; and
  • insurance or other shipment protection.

37. OTHER EXCLUSIONS FROM STANDARD COMPENSATION

To the maximum extent permitted by applicable law, standard compensation may be denied or reduced where loss or damage directly results from:

  • inadequate packaging;
  • inappropriate packaging;
  • insufficient cushioning;
  • inherent defects;
  • inherent characteristics of the goods;
  • natural deterioration;
  • ordinary wear and tear;
  • leakage caused by inadequate sealing;
  • concealed pre-existing damage;
  • prohibited goods;
  • unlawful goods;
  • false declarations;
  • incorrect Customer instructions;
  • incorrect recipient information;
  • incorrect delivery address;
  • temperature sensitivity where no appropriate temperature-controlled service was purchased; or
  • circumstances reasonably outside Sendy's control.

38. DELAYED SHIPMENTS

Unless a Service is expressly sold with a guaranteed delivery commitment, stated delivery times are estimates.

Standard compensation does not ordinarily apply solely because of delay caused by circumstances including:

  • traffic;
  • bad weather;
  • natural disaster;
  • regulatory inspection;
  • third-party carrier delay;
  • peak-period volume;
  • public holidays;
  • government restrictions;
  • recipient unavailability;
  • inaccurate Shipment information; or
  • circumstances reasonably outside Sendy's control.

Nothing in this Clause excludes any right which cannot lawfully be excluded.

39. INCORRECT OR SWAPPED DELIVERY

Where Sendy confirms that a Shipment was:

  • delivered to an incorrect address; or
  • swapped with another Shipment

due to an operational error attributable to Sendy, Sendy may take reasonable corrective action to recover and redirect the Shipment without additional redelivery charges.

Any additional claim shall remain subject to these Terms.

40. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Sendy shall only be responsible for direct loss legally attributable to Sendy.

Sendy shall not be liable for indirect, consequential, incidental or special loss including:

  • insurance has been purchased;
  • a corporate agreement applies;
  • a warehousing agreement applies;
  • a fulfilment agreement applies;
  • a supply-chain agreement applies; or
  • another specific written liability arrangement has been agreed.

to the extent such liability may lawfully be excluded.

Different liability provisions may apply where:

Nothing in these Terms excludes or restricts liability that cannot lawfully be excluded or restricted.

41. THIRD-PARTY CARRIERS AND SERVICE PROVIDERS

Sendy may use:

  • route;
  • carrier;
  • vehicle;
  • handling method;
  • transportation process; and
  • storage process

to perform all or part of a Service.

Sendy may determine the appropriate:

subject to the applicable Service and law.

42. EVENTS OUTSIDE SENDY'S REASONABLE CONTROL

Sendy shall not be responsible for failure or delay to the extent caused by circumstances reasonably outside Sendy's control, including:

  • flood;
  • severe weather;
  • fire;
  • natural disaster;
  • epidemic;
  • pandemic restrictions;
  • war;
  • civil disturbance;
  • strike;
  • road closure;
  • government action;
  • major telecommunications failure;
  • major system outage; or
  • widespread disruption to transportation networks.

Sendy will use reasonable efforts to resume affected operations when practicable.

43. CUSTOMER CONDUCT

Customers must not use Sendy Services:

  • for illegal activities;
  • fraudulently;
  • to transport prohibited goods;
  • to submit false compensation claims;
  • to manipulate pricing;
  • to abuse promotional benefits;
  • to interfere with Sendy's systems;
  • to abuse Sendy employees or service partners; or
  • in any manner creating an unreasonable safety or operational risk.

44. ACCOUNT SUSPENSION OR TERMINATION

Sendy may suspend, restrict or terminate an Account where there is reasonable evidence of:

  • fraud;
  • illegal activity;
  • serious misuse;
  • security compromise;
  • payment default;
  • repeated prohibited Shipments;
  • promotional abuse; or
  • material breach of these Terms.

Where reasonably practicable, Sendy may provide notice and an opportunity to resolve the matter.

Termination does not remove obligations or liabilities arising before termination.

45. OUTSTANDING AMOUNTS

Customers remain responsible for valid charges incurred through their Account or orders.

To the extent permitted by law, Sendy may:

  • deduct outstanding charges from Account Credit;
  • require payment before accepting new orders;
  • suspend Services; or
  • recover outstanding amounts through lawful means.

46. PROMOTIONS, VOUCHERS, CREDITS AND REWARDS

Sendy may offer:

  • are not exchangeable for cash;
  • may not be transferable;
  • may have expiry periods;
  • may be limited to specific Services; and
  • may be cancelled where obtained through fraud, abuse or technical error.

Separate terms may apply.

Unless otherwise stated, promotional benefits:

47. PERSONAL DATA AND PRIVACY

Sendy may collect and process personal data reasonably required to provide and administer its Services.

This may include:

  • employees;
  • drivers;
  • riders;
  • subcontractors;
  • logistics partners;
  • payment providers;
  • technology providers;
  • insurers;
  • professional advisers; and
  • government or regulatory authorities.

Sendy may disclose relevant information where reasonably necessary to authorised:

Personal data will be handled in accordance with Sendy's Privacy Policy and applicable Malaysian personal data protection laws.

Where the Customer provides personal data relating to a Recipient, employee, buyer or other third party, the Customer is responsible for ensuring that such information may lawfully be provided for the relevant logistics or fulfilment purpose.

48. ELECTRONIC COMMUNICATIONS

Sendy may provide operational communications through:

  • shipment updates;
  • delivery notices;
  • payment information;
  • security alerts;
  • claim information; and
  • service notifications.

Operational communications may include:

Marketing communications will be handled subject to applicable consent and legal requirements.

49. WEBSITE AND SYSTEM AVAILABILITY

Sendy aims to maintain reasonable availability of its Website and online systems but does not guarantee uninterrupted access.

Temporary interruption may occur due to:

  • system maintenance;
  • updates;
  • upgrades;
  • cybersecurity measures;
  • network failure;
  • third-party service interruption; or

Sendy will use reasonable efforts to restore affected services.

50. INTELLECTUAL PROPERTY

Unless otherwise stated, Sendy's:

  • name;
  • Sendy Express Malaysia brand;
  • logos;
  • Website;
  • software;
  • graphics;
  • photographs;
  • designs;
  • written content;
  • interfaces;
  • service materials; and
  • other intellectual property

are owned by, licensed to or authorised for use by Sendy.

Customers must not reproduce, distribute, modify or commercially exploit such materials without prior authorisation except where permitted by law.

51. CUSTOMER FEEDBACK

Customers may provide comments, reviews, suggestions and feedback.

Sendy may use legitimate non-confidential feedback for service improvement and other lawful business purposes.

Sendy may moderate or remove Website content which is:

  • unlawful;
  • fraudulent;
  • abusive;
  • defamatory;
  • misleading;
  • spam; or
  • otherwise contrary to applicable platform rules.

52. CHANGES TO SERVICES AND PRICING

Sendy may modify:

  • equired by law;
  • arising because materially incorrect information was supplied by the Customer; or
  • otherwise agreed.

from time to time.

Changes relating to future transactions will apply according to the pricing and terms applicable when those transactions are confirmed.

A materially different price or Service term will not ordinarily be applied retrospectively to an already confirmed transaction unless:

53. CHANGES TO THESE TERMS

Sendy may update these Terms from time to time.

Updated Terms will be published on the Website together with an updated effective or revision date.

Material changes will generally apply prospectively.

Unless required by law or otherwise agreed, a Shipment confirmed before an updated version takes effect will generally remain subject to the Terms applicable when that transaction was confirmed.

Continued use of Sendy Services after updated Terms become effective constitutes acceptance of the updated Terms, subject to applicable law.

54. SERVICE-SPECIFIC TERMS

Individual Sendy Services may have additional terms appearing:

  • during booking;
  • on the applicable service page;
  • in a quotation;
  • in a rate card;
  • under an insurance policy;
  • under a corporate agreement;
  • under a warehouse agreement;
  • under a fulfilment agreement; or
  • in another document accepted by the Customer.

Those additional terms form part of the agreement for the relevant Service.

Where a specifically agreed written term conflicts with these general Terms, the specific term shall prevail for that Service to the extent of the conflict.

55. CONSUMER RIGHTS

Nothing in these Terms is intended to exclude, restrict or modify any right, protection or remedy which cannot lawfully be excluded, restricted or modified under applicable Malaysian law.

Where the Customer qualifies as a consumer, mandatory statutory consumer rights remain unaffected.

56. SEVERABILITY

If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision shall be interpreted or limited to the minimum extent necessary.

The remaining provisions shall continue in effect.

57. NO WAIVER

Failure or delay by Sendy in exercising any right under these Terms does not constitute a waiver of that right.

58. GOVERNING LAW

These Terms shall be governed by and interpreted in accordance with the laws of Malaysia.

Subject to any applicable statutory right to refer a matter to a tribunal, regulator or other competent authority, disputes arising from these Terms or Sendy's Services shall be subject to the jurisdiction of the competent courts and tribunals of Malaysia.

59. LANGUAGE

These Terms may be provided in:

  • English;
  • Bahasa Malaysia; and
  • Chinese

for convenience.

Where there is an inconsistency between translated versions, the English version shall prevail, except where otherwise required by applicable law.

60. CONTACT SENDY

Questions, complaints or claims may be submitted through Sendy's official customer service channels.

Sendy Express Malaysia<br>Operated by Sendy Sdn Bhd

Website: sendy.com.my<br>Customer Service: +6016-803 8575

Customers should refer to the Website for the latest:

  • branch information;
  • operating hours;
  • customer service details; and
  • official contact channels.

61. ACCEPTANCE OF TERMS

By:

  • creating a Sendy Account;
  • topping up Account Credit;
  • confirming an order;
  • handing goods to Sendy;
  • arranging pickup;
  • submitting goods at a branch;
  • using Sendy's delivery services;
  • using Sendy's warehousing services;
  • using Sendy's fulfilment services;
  • using Sendy's supply chain services; or
  • otherwise using any Sendy Service,

the Customer acknowledges that the Customer has read, understood and agreed to these Terms and Conditions.