No service shall be rendered in the transportation of any packages or articles with a value in excess of USD 5,000 (or the local currency equivalent).

TOP GUN shall not be responsible to provide a protective service for the transportation of perishable commodities or commodities requiring protection from heat or cold. Such commodities will be accepted for transportation solely at the shipper’s risk for any damage arising from the transportation.

No service shall be rendered in the transportation of any shipment, which is prohibited, by applicable law or regulations in the origin or destination country, or which TOP GUN may determine, in its sole discretion, to be so prohibited.

The shipper shall be responsible for the accuracy and completeness of the particulars inserted in the Waybill and for ensuring that all packages set out clearly adequate contact details for the shipper and receiver of the package and that they are so packed, marked and labeled, their contents so described and classified and are accompanied by such documentation as may (in each case) be necessary to make them suitable for transportation and to comply with the requirements of this Terms and Conditions of Service and applicable law.

Calculation of Volumetric Weigh will be based on IATA (International Air Transport Association) volumetric weight standard :(length x width x height)÷6,000(cm) = kg). Shipment charges will be based on volumetric weight or gross weight, whichever is the greater. If the packaging box is overstuffed and distorted out of shape, the volumetric weight is calculated as per the actual measurement of the distorted packaging box.

Unless paid before shipment, all charges must be paid within 7 days of receipt of invoice or within such other period as the shipper may have agreed in writing with TOP GUN. Unless proved otherwise, an invoice shall be considered for this purpose to have been received three business days following the date of invoice. Any payments made by TOP GUN, including but not limited to taxes, duties or other levies, on behalf of the shipper, receiver or some other party, shall be due and payable by the shipper on demand. Notwithstanding any billing or payment option selected at the time of shipment, the shipper is ultimately liable for and agrees to pay all charges, including where the receiver or third party fails to pay any charges which they are due to pay. A late payment fee in the amount set out in TOP GUN 's invoice may be charged on any sums outstanding as of the specified payment due date. This is in addition to any legal rights and remedies available to TOP GUN.

The effective rates are the TOP GUN Rates published in the this Terms and Conditions of Service for the service selected by the shipper, which apply to the shipper and the package and are in effect at the time of shipping, plus any additional charges or rates for nonstandard service, additional or nonstandard usage, and any other additional charges referenced in the effective TOP GUN Rate and Service Guide, or those applicable additional rates set out in any customized contracts.

All claims against TOP GUN must be filed in writing with TOP GUN as soon as reasonably practicable and in any event within 14 days of delivery in the case of damage (including partial loss of a shipment) and in the case of delay within 21 days of delivery. In addition, TOP GUN shall have no liability in connection with any shipment unless legal proceedings are brought and written notice of them is given to it within six months after delivery of the goods concerned or, in the case of non-delivery, within six months from the scheduled date for delivery. This term shall not affect any rights the shipper may have under applicable Convention Rules or other applicable mandatory national laws.

Where the Warsaw or CMR Conventions or any national laws implementing or adopting these conventions apply (for convenience referred to as Convention Rules) or where (and to the extent that) other mandatory national law applies, the liability of TOP GUN is governed by and will be limited according to the applicable rules. Where Convention Rules or other mandatory national laws do not apply, TOP GUN will only be liable for failure to act with reasonable care and skill and its liability shall be exclusively governed by these terms and (save in the case of personal injury or death) limited to proven damages up to an amount not exceeding USD 100.00 per shipment. If the claimant (or any person from whom he derives his right to claim) has caused or contributed to any loss, damage or delay to a shipment or package, any liability TOP GUN may incur in respect thereof (limited as above) shall be reduced or extinguished in accordance with the law applicable to such contributory negligence. TOP GUN shall not under any liability to offer shippers’ cargo insurance. Shippers desiring cargo insurance or all risk insurance should purchase such insurance from third parties. Save where applicable Convention Rules or other applicable mandatory national laws require otherwise, TOP GUN shall not be liable for special, incidental, or consequential damages, including purely economic losses, such as the costs of any alternative means of transport, loss of profits, loss of business opportunities or loss of revenue resulting from loss of use, arising from any loss of or damage or delay to a shipment or package, whether or not a value has been declared as set forth above. TOP GUN shall not be liable for any damages arising from TOP GUN’s inability, failure or refusal to comply with a request to stop, return or re-route shipment of a package after tender to TOP GUN.

Where applicable, if TOP GUN is unable to complete delivery of a shipment, a notice will be left at the consignee’s address stating that delivery has been attempted. Thereafter, if so requested by Shipper a second , attempt to deliver the packages will be made without additional charge. TOP GUN may deliver a shipment to the consignee or the consignee’s actual or apparent agent or representative, to the address or location specified in the TOP GUN shipping system, to any person present at the address or location specified in the TOP GUN shipping system, to a reasonable alternate address or location, in accordance with trade custom or usage, pursuant to TOP GUN’s driver release procedures. TOP GUN does not limit delivery of a package or shipment to a person specified as the consignee. TOP GUN may use an electronic device to obtain proof of delivery and the shipper agrees that it will not object to TOP GUN relying on a printed copy of this as evidence merely on the grounds that the information concerned is obtained and stored in electronic form.

If Shipments are refused by the consignee, or which for any other reason cannot be delivered, will be held, and TOP GUN will attempt to contact the shipper for further instructions. The shipper will be responsible for payment of all charges, including, but not limited to, forwarding, disposal, or return transportation charges and a handling charge of HKD110, as well as any duty and tax, if applicable.

If it comes to the attention of TOP GUN that any package does not meet any of the above restrictions or conditions, TOP GUN may refuse to transport the relevant package (or any shipment of which it is a part of) and, if carriage is in progress, TOP GUN may suspend carriage and hold the package.

TOP GUN also 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 TOP GUN, soil, taint, or otherwise damage other packages or TOP GUN’s equipment, or which is improperly or insecurely packed or wrapped. In addition, TOP GUN reserves the right either to refuse to provide service for any package or to or from any location, or to provide alternative service arrangements, when, among other reasons, TOP GUN, in its sole discretion, deems that it is unsafe or economically or operationally impracticable to provide service.

TOP GUN may at its option suspend transportation of any package or shipment if goods are found not to be acceptable for transportation for any of the above reason whatsoever, if TOP GUN cannot effect delivery at the second attempt to do so, if the consignee refuses to accept delivery, or if it cannot collect amounts due from the receiver on delivery. The shipper will be responsible for payment of all charges, calculated in accordance with the then current TOP GUN rates, caused by such suspension of transportation, including, but not limited to, forwarding, disposal, or return of transportation charges as well as any duty or tax, if applicable.

The shipper shall be responsible for the reasonable costs and expenses of TOP GUN (including storage), for such losses, taxes and customs duties as TOP GUN may suffer and for all claims made against TOP GUN because a package does not meet any of the restrictions or conditions in the Commodities Handled and Restrictions on Service clause above or because of any refusal or suspension of carriage or return of a package or shipment by TOP GUN pursuant to these terms.
TOP GUN shall not be liable or responsible for the loss of or damage to any package, the contents of which TOP GUN is not authorized to accept, which TOP GUN states it will not accept, or which TOP GUN has a right to refuse. If TOP GUN suspends service as set forth in these terms, the payer of any transportation charges shall not be entitled to a refund. Acceptance for carriage of any package or shipment that TOP GUN does not accept for transportation or which shippers are prohibited from shipping, does not constitute a waiver of any provisions of these terms or the terms set forth in the Rate and Service Guide, or on www.topgun.com.hk.

The shipper must provide required documentation for customs clearance. By providing required documentation, the shipper certifies that all statements and information relating to exportation and importation are true and correct. Furthermore, the shipper understands that civil and criminal penalties, including forfeiture and sale, may be imposed for making false or fraudulent statements. When a shipment is tendered to TOP GUN, TOP GUN is thereby appointed as the agent for performance of customs clearance, where applicable. TOP GUN is specified as the nominal consignee for the purpose of designating a customs broker to perform customs clearance.
Customs penalties, storage charges, or other expenses incurred as a result of an action by customs or failure by the shipper or consignee to provide proper documentation or to obtain a required license or permit will be charged to the consignee along with any applicable duty or tax. The shipper shall be liable in the event of non-payment by the consignee. Where applicable, TOP GUN may at its sole discretion provide brokerage service at no additional charge for routine customs clearance. Additional charges may be applied for the complex clearance procedures.

TOP GUN’s control, including, but not limited to, the following: the unavailability or refusal of a person to accept delivery of the shipment; acts of God; acts of public authorities acting with actual or apparent authority; acts or omissions of customs or similar authorities; insufficient information provided by a customer; the application of security regulations imposed by the government or otherwise applicable to the delivery location; a government agency hold; riots; strikes or other labor disputes; civil unrest; disruptions of any kind in air or ground transportation networks; and natural disasters.

TOP GUN for management analysis and monitoring, the purchase and supply of customer materials, administration of customer accounts and the advertising of services and products provided by TOP GUN companies. The shipper may have certain rights under the law to have access to, rectify, and object to the use for direct marketing of, data held by TOP GUN about it.

All shipments are subject to the terms and conditions contained in the TOP GUN Rate and Service Guide and set out on the TOP GUN website (www.topgun.com,hk)The effective TOP GUN Rate and Service Guide and the description of TOP GUN Services at www.topgun.com.hk, which are incorporated in the TOP GUN Rate and Service Guide; and the TOP GUN source document for each shipment, together comprise the complete and exclusive agreement of the parties, except as modified by any existing or future written agreement between the parties, and may not be contradicted or modified by any oral agreement.

These terms shall apply to the fullest extent permitted by applicable law. If any part of these terms is not enforceable, this will not affect the enforceability of any other part.

These terms and any contract concluded which incorporates these terms shall in all respects be governed by the laws of the country where the shipment is presented to TOP GUN for carriage.