Courier Standard Terms and Conditions

Standard Terms & Conditions No. 10026 (revised June 5, 2020)

Chapter 1 Total Chick

Article 1 (Purpose)

The purpose of these terms and conditions is to establish the terms and conditions of the contract between the courier service provider and the customer (shipper) for fair courier transactions.

Section 2 (Definitions of Terms)
  • ① "Courier" refers to the transportation and delivery of a shipment to the customer’s home, office, or other place by taking custody of the shipment at the customer’s home, office, or other place at the customer’s request.
  • ② The term "courier business" (hereinafter referred to as "business") refers to a transportation business whose business is courier service and whose name is written on the waybill.
  • ③ ’Customer’ refers to the sender and receiver of the courier service. However, ’Customer’ under the Act on Regulation of Terms and Conditions refers to the ’sender’.
  • ④ ’Shipper’ means a person who has entered into a courier contract with the carrier and is specified as ’sender’ (or ’sender’) on the waybill.
  • The "consignee" is the person who receives the shipment and is identified as the "consignee" (or "recipient") on the air waybill.
  • ⑥ ’Waybill’ means a document issued by the customer (shipper) at the request of the service provider to prove the establishment and content of the courier contract between the service provider and the customer (shipper).
  • ⑦ "Consignment" refers to the receipt of transportation from the customer (shipper) by the carrier to perform the courier service.
  • ⑧ "Delivery" means the handing over by the carrier to the customer (consignee) of the goods described in the waybill.
  • ⑨ ’Damage limit’ means the maximum amount of damages that the carrier can compensate for in the event of loss, damage or delay of transportation. However, the ’Limit of Damages’ shall apply only if the customer (shipper) does not specify the value of the cargo on the waybill, and shall specify the Limit of Damages as an asterisk in these Terms and Conditions in advance and specify it on the waybill.
Section 3 (Statement and Explanation of Terms)
  • The business shall post these Terms and Conditions at its place of business and shall issue them upon request of the customer (sender, receiver) at the time of concluding the courier contract (hereinafter referred to as the ’Contract’).
  • At the time of concluding the contract, the operator shall explain the following to the customer (caller).
    • 1. that if the customer (shipper) states the value of the goods on the waybill, the value will be the basis for calculating the amount of damages in the event of damages by the carrier
    • 2. that if the customer (shipper) does not specify the value of the cargo on the waybill, the carrier shall be liable for damages only within the limit of damages set forth in Article 22.3.
    • 3. basic freight information, surcharge information for each item, additional freight information according to the characteristics of the delivery area, and damage limit information according to the value of the shipment.
  • ③ If a business entity enters into a contract in violation of the provisions of Paragraphs 1 and 2, it may not claim such provisions as the content of the contract.
Section 4 (Applicable Laws, etc.)

Matters not stipulated in these Terms and Conditions shall be governed by laws and regulations such as the Cargo Vehicle Hire Business Act, the Commercial Code, and fair general customs.

Chapter 2 Consigning shipments

Article 5 (Operator Obligations)
  • ① The business shall provide the following items to those who wish to use the courier service in an easy-to-understand manner on its website, mobile app, call center, telephone, etc.
    • 1. how to receive, cancel, refund, or change a package
    • 2. How to receive compensation in the event of a courier accident, compensation standards, processing procedures, etc.
    • 3. In the Invoice number field
    • 4. payment methods
    • 5. courier terms and conditions or contract of carriage
  • ② The operator shall install and operate a customer response system (call center, application, etc.) and strive to improve the level of customer service satisfaction.
  • ③ The business shall manage the personal information of customers (callers and receivers) in accordance with relevant laws, including the Personal Information Protection Act, and shall not provide it to third parties unrelated to the courier service without the consent of the customer (caller and receiver).
  • ④ In addition to the above, the business operator shall exercise due care and duty as a good manager in performing agency work.
Article 6 (Obligations of the sender)
  • The customer (shipper) must accurately fill in the address, phone number, name, product name and standard value of the shipment on the waybill.
  • ② The customer (shipper) shall not consign the transportation of gunpowder, flammable substances, contraband, munitions, cash, cards, drafts, checks, securities, contracts, manuscripts, documents, animals, animal carcasses, etc. in accordance with the provisions of Article 12.
Article 7 (Waybill)
  • (1) At the time of concluding the contract, the business shall prepare and issue a waybill to the customer (shipper) stating the following items.
    • 1. business name, name of principal, address and phone number, name of contact person (collector), waybill number
    • 2. the name, representative name, address, and telephone number of the business entity (headquarters, branch office, branch office, etc. of the carrier) that consigned the shipment
    • 3. identify the weight and volume of the shipment
    • 4. freight and other transportation costs and payment methods
    • 5. Damage limits
      *If the customer (shipper) does not specify the value of the goods on the waybill, the damage limit of 500,000 won shall be applied if the carrier compensates for damages pursuant to Article 22, Paragraph 3, and the maximum value of each transportation value section shall be applied if the surcharge is paid according to the value of the goods.
    • 6. contact phone number
    • 7. the intended delivery location and expected delivery date of the shipment
    • 8. any other shipping needs (express shipping, perishables, etc.)
  • ② The customer (shipper) shall fill in the following items on the waybill issued pursuant to the provisions of Paragraph 1, and shall stamp or sign it and return it to the business operator.
    • 1. the sender’s address, name (or business name), and phone number
    • 2. the signer’s address, name (or business name), and phone number
    • 3. the type of shipment (item name), quantity, and value
      * If the customer (shipper) indicates the value of the cargo on the waybill, it should be clearly stated that this value will be the basis for calculating damages in the event that the carrier claims damages.
    • 4. the place and date of delivery of the shipment (if the shipment is to be used by the consignee on a specific date, state the purpose of the use, the specific date and time of delivery)
    • 5. special notes for transportation (describe the nature of the shipment, such as damage, deterioration, spoilage, etc. and any other necessary notes)
    • 6. the date the waybill was created
Article 8 (Charges and Liens)

After accepting the cargo, the carrier marks the outside of the package with the necessary information, such as the type and quantity of the cargo, any special precautions for transportation, and the expected date (time) of delivery.

  • The carrier can charge the customer (shipper) when it takes custody of the transportation. However, based on the agreement with the customer (shipper), the carrier may also charge the recipient (consignee) when the transportation is delivered.
  • ② In the case of clause 1, the carrier may detain the cargo when the customer (caller) does not pay the fare.
  • ③ If the shipment exceeds 500,000 won per package or requires special care in transportation, the carrier may charge a surcharge.
  • ④ If the shipment is returned due to the customer’s (sender, receiver) reasons, or the destination address is changed, the carrier may charge an additional fee.
  • ⑤ Freight and surcharges shall be set forth in advance as an asterisk to these Terms and Conditions and listed on the Air Waybill.
Article 9 (Packaging)
  • ① The customer (shipper) shall pack the shipment so that it is suitable for transportation according to its nature, weight, volume, etc.
  • ② If the packaging of the shipment is not suitable for transportation, the carrier shall charge the customer (shipper) to make the necessary packaging or, with the consent of the customer (shipper), make the packaging in consideration of the amount of impact that may occur during transportation. However, if additional packaging costs are incurred in this process, the carrier may charge the customer (shipper) an additional fee.
  • ③ The operator shall compensate the customer (shipper) for damages in accordance with Article 22 in the event of an accident caused by failure to comply with the provisions of Paragraph 2.
  • ④ If the carrier has damaged the packaging of a shipment during transportation and has to repackage it, the carrier must notify the customer (shipper) without delay.
Section 10 (External Display)

After accepting the cargo, the carrier marks the outside of the package with the necessary information, such as the type and quantity of the cargo, any special precautions for transportation, and the expected date (time) of delivery.

Article 11 (Confirmation of Shipment)
  • ① The carrier may verify the type and quantity of transportation described in the waybill with the consent and participation of the customer (shipper).
  • ② If the carrier confirms the transportation in accordance with the provisions of Paragraph 1, if the type and quantity of the transportation is the same as the customer (shipper) specified in the waybill, the carrier shall bear the cost or damage caused by it, and in other cases, the customer (shipper) shall bear it.
Article 12 (Refusal to accept a shipment)

The carrier may refuse to accept a shipment in any of the following cases

  • 1. the customer (shipper) didn’t fill out the required information on the waybill
  • 2. the packaging is not suitable for transportation due to the customer’s (shipper’s) refusal of a claim or acceptance under the provisions of Article 9.2.
  • 3. if the Customer (Shipper) refuses to confirm in accordance with the provisions of Article 11.1, paragraph 1, or if the type and quantity of the Shipment is different from that stated on the Air Waybill
  • 4. the sum of the three dimensions of a single package exceeds ( )cm in length, width, and height, or the longest dimension exceeds ( )cm.
  • 5. if the weight of one package of a shipment exceeds ( )kg
  • 6. the value of a single shipment exceeds $3,000,000
  • 7. the shipment is not available for transportation according to the scheduled delivery date (time)
  • 8. the shipment is dangerous, such as gunpowder, flammable materials, etc.
  • 9. the shipment is unauthorized or illegal by authorities, such as contraband, munitions, contraceptive products, etc.
  • 10. the shipment is monetizable, such as cash, cards, drafts, checks, securities, etc.
  • 11. the shipment is a non-reproducible contract, manuscript, document, etc.
  • 12. the shipment is a live animal, animal carcass, etc.
  • 13. transportation is contrary to law, social order or good morals
  • 14. transportation is not possible due to acts of God, natural disaster or other force majeure

Chapter 3 Delivery of shipments

Article 13 (Use of Common Carriage or Other Transportation)

The Carrier may, without prejudice to the interests of the Customer (Shipper), conclude agreements with other carriers to jointly transport the consigned cargo or use other carriers’ means of transportation.

Article 14 (Delivery Date of the Shipment)
  • The Carrier shall deliver the Carriage by the delivery date set forth in the following subparagraphs.
    • 1. if the waybill indicates an expected date of delivery, the date indicated
    • 2. if the Air Waybill does not state an expected date of delivery, the following number of days from the date of acceptance of the shipment listed on the Air Waybill, depending on the place of expected delivery
      • A. General Area: 2 days from the date of consignment
      • I. Books, mountain wallpaper: 3 days from the date of delivery
  • ② If the carrier has entrusted the carriage for use by the handler on a specific date, the carrier shall deliver the carriage by a specific time on the due date of delivery on the waybill.
  • ③ The carrier shall cooperate with the customer (shipper) to allow the customer (shipper) to check the delivery date, invoice number, etc. of the transportation after delivery to the customer (receiver).
Article 15 (Actions in the absence of an interpreter)
  • ① The carrier shall receive confirmation of delivery from the customer (consignee) upon delivery of the cargo, and shall notify the customer (consignee) if the cargo is delivered to the customer’s (consignee’s) agent.
  • ② If the carrier cannot deliver the transportation due to the absence of the customer (receiver), the carrier may return the transportation in consultation with the customer (sender/receiver) or, at the request of the customer (sender/receiver), store it at a place agreed upon with the customer (sender/receiver), and in this case, delivery shall be deemed to be completed when it is stored at a place agreed upon with the customer (receiver ).

Chapter 4 Disposition of shipments

Article 16 (Disposition of Undeliverable Shipments)
  • If the carrier cannot identify the customer (addressee) (unknown addressee), or if the customer (addressee) refuses to accept the shipment (refusal to accept) or is unable to accept (unable to accept), the carrier may deposit the shipment or auction it in accordance with the provisions of Paragraphs 2 through 4.
  • ② The business shall notify the customer (shipper) to give instructions regarding the disposition of the transportation within a period of one month or more, stating that if no instructions regarding the disposition of the transportation are given within that period, the transportation shall be auctioned. However, in the case of refusal of the customer (consignee) to receive the shipment or inability to receive the , the carrier shall first request the customer (consignee) to receive the shipment within a period of one week or more and notify the customer (shipper) if the customer (consignee) does not receive the shipment within that period.
  • ③ If the notice pursuant to Paragraph 2 is confirmed to have reached the customer (shipper), the carrier may auction the shipment if no instructions are received within the period specified from the date of such reaching. However, if the notice cannot be confirmed to have reached the customer (shipper) through no fault of the carrier, the carrier may auction the shipment after storing the shipment for three months from the date of sending the notice.
  • ④ If the carrier is concerned that the shipment may be lost or damaged, the carrier may immediately auction it without notice to the customer (shipper, receiver) for the benefit of the customer (shipper, receiver).
  • ⑤ If the carrier has pledged or auctioned the cargo, it will notify the customer (shipper) without delay.
  • ⑥ The expenses incurred for depositing, auctioning, storing, notifying, and disposing of the transportation pursuant to the provisions of Paragraphs 1 through 5 shall be borne by the customer (shipper), and the carrier may charge the customer (shipper) for the freight if the freight has not been paid.
  • ⑦ When the carrier auctions the transportation, it shall use the proceeds to cover the costs of auctioning, storing, and notifying the transportation and the freight (only if the freight has not been paid), and if there is a shortfall, it shall charge the customer (shipper) for payment, and if there is a surplus, it shall return the balance to the customer (shipper) . If the balance due to the customer (shipper) is not received or cannot be received by the customer (shipper), the amount will be deposited, unless the deposit is prohibitively expensive.
Article 17 (Customer’s Right to Dispose)
  • ① The customer (shipper) may request the carrier to stop transportation, return the shipment, etc.
  • ② The carrier shall comply with the request of the customer (shipper) pursuant to the provisions of Paragraph 1, except in cases where there is a risk of significant disruption of transportation due to joint transportation or the use of other means of transportation. In this case, the customer (shipper) shall bear the cost of transportation and the cost of disposing of the goods in accordance with the percentage of transportation already carried.
  • ③ The customer’s (shipper’s) right of claim under paragraph 1 shall lapse upon delivery of the shipment to the customer (consignee).

Chapter 5 Accidents in Transportation

Article 18 (Actions in the Event of an Incident)
  • ① The carrier shall notify the customer (shipper) without delay if the carrier discovers any loss of the cargo from the time of receipt to the time of delivery.
  • ② If the carrier discovers any partial loss or significant damage to the cargo after acceptance of the cargo but before delivery, or if the delivery is significantly delayed from the scheduled delivery date, the carrier shall notify the customer (shipper) without delay, and request the customer (shipper) to set a certain period of time to give instructions on how to dispose of the cargo and the date.
  • ③ If the Carrier cannot afford to wait for the Customer’s (Shipper’s) instructions pursuant to paragraph 2 or if no instructions are received within the period specified by the Carrier, the Carrier may, in the interest of the Customer, suspend the carriage, return the cargo or make any other necessary disposition. In this case the Carrier shall notify the Customer (Shipper) without undue delay.
Article 19 (Issuance of Incident Certificates)

The Carrier shall issue an accident certificate upon claim by the Customer (Shipper) for loss, damage, or delay of the Cargo that occurred during transportation, but only for a period of one year from the date of the occurrence.

Chapter 6 Operator responsibilities

Article 20 (Commencement of Liability)

The carrier’s liability for loss, damage, or delay begins when the carrier takes custody of the shipment from the customer (shipper).

Article 21 (Liability when using common carriage or other means of transportation)

If the carrier enters into an agreement with another carrier to transport jointly, or if the cargo transported using another carrier’s means of transportation is lost, damaged, or delayed, the carrier shall be responsible for the loss, damage, or delay.

Article 22 (Damages)
  • ① The carrier shall compensate the customer (shipper) for damages caused by the loss, damage or delay of the cargo in accordance with the provisions of paragraphs 2 to 4, unless the carrier proves that it or the person entrusted with the cargo or any other person involved in the transportation has not been negligent in the consignment, delivery, storage and transportation of the cargo.
  • ② If the customer (shipper) has stated the value of the goods on the waybill, the carrier’s compensation for damages shall be as follows.
    • 1. total or partial destruction: Damages calculated based on the value of the shipment as stated on the waybill or the value of the shipment as evidenced by the customer (shipper) (receipt, etc.)
    • 2. when it was corrupted
      • A. If repair is possible: Mistake repair cost (A/S cost)
      • B. If repair is not feasible: Same as in 1.
    • 3. when delayed and not partially lost and damaged
      • A. In general case: the number of days exceeding the scheduled delivery date multiplied by 50% of the freight amount (hereinafter referred to as the "freight amount on the waybill") stated by the carrier on the waybill (number of days exceeded × freight amount on the waybill × 50%). However, 200% of the Air Waybill Value shall be limited to
      • B. For transportation to be used on a specific date: 200% of the long-term freight cost of transportation
    • 4. delayed and partially destroyed or damaged: Same as 1 or 2
  • ③ If the customer (shipper) does not specify the value of the transportation on the waybill, the business shall be liable for damages in accordance with the following subparagraphs. In this case, the limit of damages shall be 500,000 won, but the limit of damages in the case of paying surcharges according to the value of the transportation shall be the highest value of the transportation for each transportation value section.
    • 1. total loss: Damages calculated based on the value of the shipment at the place of delivery on the date of scheduled delivery or the value of the shipment as evidenced by the customer (shipper) (receipt, etc.)
    • 2. partial destruction: Damage calculated based on the value of the shipment at the place of delivery on the date of delivery or the value of the shipment as evidenced by the customer (shipper) (receipt, etc.)
    • 3. when it was corrupted
      • A. If repair is possible: Mistake repair cost (A/S cost)
      • B. If repair is not feasible: Same as in #2.
    • 4. when delayed and not partially destroyed or mutilated: see Section 2.3.
    • 5. when delayed and partially destroyed or damaged: as in paragraph 2 or 3, but with "delivery date" replaced by "scheduled delivery date
  • ④ If the loss, damage, or delay of the cargo is caused by the intentional or gross negligence of the carrier, the person entrusted with the transportation, or any other person involved in the transportation, the carrier shall compensate all damages notwithstanding the provisions of paragraphs 2 and 3.
  • ⑤ If the Service Provider receives a request for compensation from the Customer (shipper) for damages pursuant to Paragraph 1, the Service Provider shall first compensate the Customer (shipper) within 30 days from the date the Customer (shipper) submits proof of damages pursuant to Paragraphs 2 through 4, including receipts. However, this does not apply to cases where the proof of damages is false.
Article 23 (Reimbursement and Claims for Fare, etc. in the Event of an Accident)
  • ① If the loss, significant damage, or delay of the cargo is due to natural disasters, war, civil unrest, or other force majeure reasons, or reasons for which the customer (shipper, receiver) is not responsible, the carrier shall not be entitled to charge the freight, as well as the costs incurred for notification, settlement, disposal, etc. pursuant to the provisions of Article 18 (1) to (3). If the carrier has already received the fare or expenses, it shall refund them.
  • ② If the loss, significant damage, or delay of the cargo is due to the nature or defect of the cargo or the negligence of the customer (shipper, receiver), the carrier may charge the full amount of the freight, as well as the expenses incurred for notification, consultation, disposal, etc. pursuant to the provisions of Article 18 (1) to (3).
Article 24 (Indemnification of Operators)

The Carrier shall not be liable for any loss, damage or delay in transportation caused by acts of God, war, civil commotion or other force majeure.

Article 25 (Special Extinguishment of Liability and Statute of Limitations)
  • ① The carrier’s liability for damages for partial loss or damage to the cargo shall be extinguished unless the customer (shipper) notifies the carrier of the fact of partial loss or damage within 14 days from the date of receipt of the cargo by the customer (consignee).
  • ② The carrier’s liability for damages for partial loss, damage or delay of the shipment shall lapse one year after the date of receipt of the shipment by the customer (consignee). However, in the case of total loss of the shipment, it shall be calculated from the date of scheduled delivery.
  • ③ The provisions of paragraphs 1 and 2 shall not apply if the Carrier or the person entrusted with the carriage or any other person involved in the carriage of the goods has concealed the fact of partial loss or damage to the goods while knowing about it. In this case, the carrier’s liability for damages shall remain for five years from the date of receipt of the shipment by the customer (consignee).
Section 26 (Dispute Resolution)
  • If there is a dispute regarding any matter not specified in this Agreement or the interpretation of this Agreement, it shall be decided by agreement between the Service Provider and the Customer (Shipper), but if no agreement is reached, the relevant laws and general customs shall apply.
  • ② Notwithstanding the provisions of Paragraph 1, if a dispute arises under the law, the business or the customer (caller) may apply for dispute mediation to the dispute mediation organization under the Consumer Basic Act or apply for arbitration to an arbitration organization operating under other laws, such as the Arbitration Act.
  • ③ Any dispute relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of competent jurisdiction under the Civil Procedure Act.