1. PRODUCT POLICY
N&H will not perform the Services in respect of any Goods/Products deemed Prohibited. Goods are considered Prohibited Goods when they are in the list listed below, this list may be supplemented and updated by N&H when necessary:
a) Goods whose contents, packaging and external appearance are on the list of goods under Vietnamese law or the State’s Law. Goods passing through are prohibited from being stored or transported;
b) Goods whose contents, packaging and appearance do not comply with regulations on dangerous goods according to current regulations;
c) Products that infringe on the patent, copyright, trademark, or other intellectual property rights of others (infringement of trademark or trademark rights);
d) Goods with dangerous contents or outer packaging (flammable, toxic, radioactive, polluting, etc.) that can cause death, injury, infection of people or damage asset;
e) Goods involving or containing live animals or human remains;
f) Goods containing stimulants or drugs;
g) Goods involving or containing firearms, in particular firearms, or firearm parts, counterfeit weapons or ammunition;
h) Products that imply or promote support or funding of, or membership in, a terrorist organization;
i) Goods containing cash, stocks, precious metals, artwork, jewelry, expensive watches, gems or other items of high value, unless otherwise agreed by N&H;
The Customer warrants that the Goods and packaging do not contain any Prohibited Goods according to the above list and that the Goods have been properly packaged and preserved.
In the process of performing the Service from receiving, preserving, processing orders to shipping and delivering, if detecting or suspecting that the Goods are Prohibited Goods, the Customer lacks transparency in product information and regulations. otherwise of this Agreement, N&H shall have the right to:
a) Refuse to receive and store Products: If the delivered Goods are on the list of Prohibited Goods, N&H reserves the right to abandon, dispose of, hand over the Goods to the Competent Authority or return the Goods to the Customer. All costs incurred in connection with the handling of this Goods from storage to delivery or return, the Customer is responsible for paying N&H;
b) N&H has no obligation to inspect the Goods on the list of Prohibited Goods. However, N&H has the right to check the details of the Goods without notifying the Customer if it is suspected to be Prohibited Goods or for security and safety reasons at the valid request of the Competent Authority;
2. SERVICE REGULATIONS (RECEIVING, STORAGE AND OUTBOUND)
2.1 Receiving goods
a) Customer creates a shipment inbound request on N&H Portal; or create a warehouse requisition on the customer’s own system and this information is synchronized with N&H’s system (” Inbound Request”).
b) Shipment inbound must satisfy the following conditions:
– A Shipment inbound code has been created;
– Not on the list of Prohibited Goods;
– Having full goods labels as prescribed by law;
– Full invoices and documents proving the origin of the Goods;
c) The customer is obliged to deliver the goods together with a photocopy with a stamp hanging on the warehouse receipt to ensure the validity and compatibility with the goods in stock. N&H will not be responsible for finding out, checking the reasonableness and validity of this warehouse receipt.
d) N&H warehouse document needed:
– For Domestic Goods:
(1) Financial invoice/ex-warehousing cum internal transportation (hide the price if needed);
(2) The attached detailed list;
(3) Delivery record cum warehouse receipt (according to the form of N&H);
– For Imported Goods:
(1) All documents same as domestic goods;
(2) The set of Customs documents corresponding to the Goods (a copy covering the import price);
e) The Customer is obliged to unload the Goods from the means of transport, the container to the warehouse designated by N&H or use the Unloading Service according to the Service Fee Schedule.
f) When receiving goods, N&H is obliged to count the quantity, check the external condition of the Goods and place the Goods in the warehouse.
g) The Parties will sign to confirm the quantity and external integrity of the Goods in the Delivery Note cum Warehouse Receipt.
2.2 Inbound – Storage
a) For Goods guaranteed to be bonded, Party B will store the Goods at Party B’s warehouse until the Party A submits a request to release the Goods on Party B’s Portal or when the Party A creates a stock release request on the Party ‘s own system and this information is synchronized with Party B’s system (“Release Order”).
b) Damaged Goods that are not in good condition will be restocked with the status of “Exceptional Goods”. The Exceptional Goods are stored and maintained in their original condition until the Party A submits the Release Order.
c) N&H is only obliged to store and ensure the safety of the Goods in terms of quantity and external condition, without any obligation to guarantee the technical standards, internal quality, inherent defects and damage. of each product during the storage of the Goods.
d) The customer is responsible for providing N&H with written instructions and instructions related to the preservation of the Goods for the items that must be preserved in special conditions. N&H will not be liable for damage to the Goods if the customer fails to do so in a timely or incorrect manner.
e) Goods lost or damaged are determined due to the responsibility of N&H in the following cases: N&H fails to comply with the storage instructions provided by the Customer (if any) for the special type of Goods, N&H in violation of normal Goods preservation standards, or due to circumstances such as theft and damage during operation.
f) Location of Goods delivery: Customer is obliged to deliver and receive goods at N&H’s warehouse specified in Appendix 01 of the Contract; or a location designated by the Customer if the two parties agree.
a) At the request of the Customer, N&H will ship the goods and deliver to the Buyer at the address indicated on the bill of lading. N&H will guide Buyers to check the quantity and external condition of the package. In case the customer requests to co-inspect the details inside the package, the Co-Checking Fee will be applied according to N&H’s Service Fee Schedule. The order is successfully processed and delivered when the Buyer receives the Goods and signs the delivery note.
b) In case the Customer does not use the shipping service provided by N&H and appoints another carrier to pick up the goods at N&H’s warehouse, the Customer is obliged to load the released Goods onto the means of transport or use the Loading and Unloading Service. The order is successfully processed and delivered when the Carrier receives the goods and signs the handover record from N&H.
Receive returned goods according to customer’s request: Returned Goods are Goods that have been successfully delivered but Customer requests N&H to recover part or all of the parcel delivered to Buyer. When receiving returned goods at N&H warehouse, the process of Importing – Storage – Exporting and Returning/Exchange Fees applies.
3. RIGHTS AND OBLIGATIONS OF N&H
To be paid by the customer for the Service Fee and the Additional Surcharge (if any).
N&H will be exempt from liability in case the Goods are detained or confiscated by the Competent Authority because the Goods do not comply with the regulations on labels, do not have all the documents required by law or in the list of Prohibited Goods.
N&H has the right to return Goods to the warehouse in case of unsuccessful delivery without errors arising from N&H. In this case, the Customer still has to pay N&H the order processing service fee, the cost of Warehouse Entry/Exchange/Return (according to N&H’s Service Fee Schedule).
Carrying out the transportation service, N&H will not be responsible for compensation in case the Goods are robbed by the Buyer. The robbery happened, at the scene, N&H will immediately notify the Customer for handling, N&H will assist in reporting to the competent authority for settlement.
N&H reserves the right to refuse to return the goods to the Buyer.
Ensure the quality of the Service in accordance with the published and agreed upon standards between the Parties. In case the quality of the Service is not as committed, N&H promptly informs the Customer of the cause and remedial measures.
Preserve, store and pack the Goods according to the instructions of the customer.
Delivery on time agreed.
Issue financial invoices to Customers.
Compensation for damage caused by N&H’s fault.
4. RESPONSIBILITIES, LIMITATION AND COMPENSATION OF GOODS
Goods stored in the warehouse will be counted periodically as agreed between the Parties and in the event of a difference between the actual quantity of goods counted and the exact quantity of the Goods recorded by the Customer, N&H shall bear the responsibility of the Customer. liability for any claim related to loss or damage to the Goods caused by N&H’s subjectivity (specified in Article 5, Clause 5.2, item d) beyond the annual loss limit as specified in section 5. Article 8, item (b) below. N&H is obliged to compensate for damage to the Customer up to 100% of the value of the goods according to the invoice and document provided by the Customer when entering the warehouse (Manufacturer’s invoice or customs dossier for imported goods).
Loss or damage to the Goods caused by N&H while performing the Storage and order processing service shall be exempt from liability for quantities within the annual loss limit [0.05 %]/Total Quantity. When taking inventory or reconciling the import/export quantity of Goods, the Parties accept that a positive difference shall be offset with a negative difference, or offset Goods of equal value.
N&H’s liability for reasonable claims relating to damage to packaging caused by N&H’s outer packaging is limited to the cost of the packaging material. Within 10 days of the incident, the Customer submits a complaint to N&H to review the loss or damage caused by N&H’s packaging. Beyond the 10 day period N&H will not accept any claim for any reason.
N&H’s default insurance only covers N&H’s operating property and does not include insurance for Customer’s goods under N&H’s custody. The Customer must purchase Risk Insurance covering the risks of force majeure and other risks causing damage to the Customer’s own Goods at N&H warehouse.
5. DISCLAIMER OF N&H LIABILITY
Unless otherwise agreed by the Parties, N&H is exempt from all liability and has no obligation to compensate for damage in the following cases:
a) Damage caused entirely by the Customer’s breach of the Contract;
b) The Consignee Information is not provided accurately and completely by the Customer on the Release Order;
c) Where N&H proves to be affected by objective causes due to road or air traffic congestion, flight cancellation/delay, or the fault of employees, subcontractors, consignees the Customer’s end;
d) Indirect damage or unearned benefits due to delay/damage/lost of documents, Goods not caused by N&H;
e) Goods stored at warehouses or in transit are confiscated or destroyed according to the decision of the Competent Authority due to non-compliance with regulations on labels, no Invoice, no proof of origin. origin, do not have all the documents required by law… stemming from the fault of the customer for not providing these documents in sufficient and timely manner; Goods are Prohibited Goods;
f) The Customer fails to give specific/timely instructions on storage and preservation leading to damage of the Goods;
g) Damages related to self-degradation, defects, technical defects or inherent damage of the Goods;
h) Damage due to loss or damage that is unavoidable even if N&H has taken measures to protect and security as it is, including other risks of the Goods;
i) N&H will not be liable to the Customer for unidentifiable losses due to the Goods being contained in sealed containers that are not allowed by the delivery conditions or cannot be opened for counting;
j) Cases of Force Majeure as prescribed by law;
k) In case a part of the damage occurs due to the fault of the customer, N&H is exempt from liability to compensate for the damage corresponding to the level of damage caused by the customer;
6. RIGHTS AND OBLIGATIONS OF CUSTOMERS
The Customer is entitled to use the Warehousing and Order Processing Services and deliver the goods to the Buyer of N&H according to the prescribed fee schedules.
Pay in full and on time as prescribed.
Customers are responsible for keeping their username and password confidential to access the N&H Portal, all transactions associated with the customer’s account on the system will be fully responsible by the customer. Customers must change their password the first time they log into their account.
Absolutely do not send Goods in the list of Prohibited Goods. Provide documents related to the Goods, including but not limited to the License for the announcement and circulation of products on the Vietnamese market, the stamps and labels of the Goods in accordance with the law, the price invoice the added value of the Goods and documents related to the import of the Goods (if any). In case the Goods and packaging violate the list of Prohibited Goods or the State’s regulations, the Customer will bear all legal responsibility before the Competent Authority and compensate N&H for the costs and losses related to it. Handling Prohibited Goods includes: (i) Cost of Order Processing Services; (ii) Costs incurred due to the return of Goods; (iii) Expenses incurred by N&H in providing information to the Competent Authority; (iv) Loss of goods due to seizure by the Competent Authority.
Be responsible for working and dealing with the Competent Authority when the Goods are seized or confiscated.
Provide complete information on instructions relating to the Goods and instructions to N&H on the storage, preservation, and packaging of the Goods.
Product warranty and settlement of product quality complaints, after-sales programs for Buyers.
Ensure Goods have been announced and allowed to circulate on the Vietnamese market.
Take full responsibility for the legality of the documents provided to N&H in connection with the services under this Agreement.
Be responsible for all information related to the Consignee that the Customer provides to N&H on the Stock Release Order.
Indemnify for actual damage to N&H and related 3rd parties when damage occurs originating from Customer.
shall, at its own expense, be responsible for resolving issues relating to (i) the contents of the Goods; (ii) dispute over the origin of the Goods with any third party; or (iii) Buyer’s complaint about the fact that the Goods are posted on the e-commerce platform/website and the Goods received are actually not as requested despite the same information or product code.
The Customer is not allowed to deduct claims from the Insurance Agency against the cost of Service/debt payable to N&H.
7. COMMITMENT OF CUSTOMERS
Customer commits to N&H with the following contents, Customer will indemnify N&H for loss and damage arising from Customer’s breach of these commitments.
Goods not on the list of Prohibited goods.
The Customer does not have any special requirements for the storage of the Products (such as conditions of temperature, humidity or other factors).
The Customer is the owner of the Goods or an authorized agent using the Services of N&H.
The Customer complies with all customs procedures, import, export, and other Laws.
The Customer is approved by the Electronic Floor, the Owner of the Website to sell… when providing N&H with the data and information of the buyer to perform the Service.
All documents and information provided by the Customer or its representative are complete and accurate.
Customer undertakes to indemnify N&H upon first claim for any loss/damage arising from third-party claims or loss/damage to N&H.
8. CASE OF FORCE MAJEURE
When a Case of Force Majeure occurs, neither Party shall be deemed to be at fault for a breach of the Contract caused by a Force Majeure Event (except for payment obligations). However, the Affected Party must promptly notify the other Party of the cause and time limit for the performance of its Contract obligations within seven (07) days from the date of being affected by the Force Majeure Event. , and at the same time provide evidence to prove that the Force Majeure Event is the direct cause of the breach of the Contract performance obligation (if the other Party requests in writing). That Party’s performance of its Contractual obligations shall be suspended and/or waived for the duration of the Force Majeure Event and that Party may extend the period of performance of the obligations corresponding to the time of occurrence of the Force Majeure Event. event of Force Majeure.
In the event that a Force Majeure Event occurs for a continuous period exceeding thirty (30) days, the Affected Party has the right to terminate the Contract immediately after giving written notice to the other Party. In this case, neither Party shall be liable for any compensation or penalty for the other Party.