Terms & Condition

Dawsix & Phoenix Sdn Bhd

1. Introduction

These Terms & Conditions (“Terms”) govern all services provided by Dawsix & Phoenix Sdn Bhd (DPX), including permit coordination, compliance management, documentation validation, customs declaration preparation, inspection coordination, and customs release assistance.

By engaging DPX, the client (“Consignee”) agrees to these Terms and acknowledges that DPX operates strictly within the scope defined herein.

2. Nature of Service & Operational Scope

DPX operates exclusively as a Compliance Operator.

DPX does not:

• handle cargo physically
• operate trucks, yards, or warehouses
• provide transportation or forwarding services
• act as importer, consignee, or owner of goods
• engage in trading, procurement, or supply of goods
• assume responsibility for cargo movement, storage, or delivery

DPX’s role is limited to:

• compliance review
• permit coordination
• documentation validation
• customs declaration preparation
• inspection coordination
• customs release assistance
• regulatory advisory

All physical cargo operations remain the responsibility of the consignee or their appointed logistics provider.

3. Consignee Responsibilities

The consignee is fully responsible for providing complete, accurate, and timely documentation, including but not limited to:

• Commercial Invoice
• Packing List
• Bill of Lading / Air Waybill
• HS Code declaration
• Product specifications
• Required permits or certificates
• Any additional documents requested by Malaysian authorities

DPX is not liable for delays, penalties, or additional charges arising from:

• incomplete documents
• inaccurate HS Code
• missing permits
• late submission
• incorrect information provided by the consignee

The consignee must ensure all information submitted to DPX is truthful and compliant with Malaysian import regulations.

4. Compliance & Permit Processing

DPX facilitates permit applications and compliance processes based on documents and information provided by the consignee.

DPX does not guarantee:

• approval of permits
• processing timelines
• acceptance of documents
• regulatory outcomes
• inspection results

All approvals, rejections, and processing durations are determined solely by the relevant government agencies (CIDB, MITI, MAQIS, JPJ, DOE, NPRA, MDA, Customs, etc.).

DPX is not responsible for delays caused by:

• government agencies

• system downtime
• public holidays
• regulatory changes
• additional compliance requirements
• inspection scheduling

5. Customs Declaration & Release Management

DPX prepares and submits customs declarations (K1) based on documents provided by the consignee.

Customs release may involve:

• physical inspection
• scanning
• sampling
• amendments
• duty/tax recalculation
• additional compliance checks
• port coordination

DPX facilitates these processes but does not control:

• customs decisions
• inspection outcomes
• duty/tax amounts
• port operations
• container movement
• release timing

DPX’s role ends once customs release is completed.

6. Payment Terms

DPX adopts a 50/50 payment structure:

6.1 Upfront Payment (50%)

Covers:

• compliance review
• documentation validation
• permit coordination
• pre-clearance audit
• advisory

6.2 Release Payment (50%)

Covers:

• K1 submission
• amendment handling
• inspection coordination
• duty/tax calculation
• port communication
• final customs release

6.3 Non-Negotiable Policy

Payment after release is strictly not permitted, as it exposes DPX to customs, regulatory, and permit risks.

6.4 Additional Charges

The consignee is fully responsible for:

• duty & tax
• port charges
• inspection fees
• amendment fees
• storage & demurrage
• scanning fees
• government charges
• penalties imposed by authorities

DPX does not absorb or subsidise any third-party or government charges.

7. Liability & Limitations

DPX’s liability is strictly limited to the scope of compliance and documentation services.

DPX is not liable for:

• customs delays
• port delays
• inspection outcomes
• permit rejection
• incorrect HS Code provided by consignee
• incorrect documents provided by consignee
• additional charges imposed by authorities
• cargo damage, loss, or detention
• delays caused by third-party logistics providers
• regulatory changes or new requirements
• system downtime at government portals
• force majeure events (floods, strikes, disasters, etc.)

DPX does not assume responsibility for any financial, operational, or commercial losses incurred by the consignee.

8. Confidentiality & Data Handling

DPX treats all documents and information provided by the consignee as confidential.

Information is used solely for:

• compliance review
• permit processing
• customs declaration
• regulatory communication

DPX does not share client information with third parties except when required by Malaysian authorities.

9. Amendments & Corrections

Any amendment required due to incorrect documents, wrong HS Code, missing information, or regulatory changes may incur additional charges.

DPX will notify the consignee before proceeding with amendments, but DPX is not responsible for delays caused by amendment processes.

10. Service Termination

DPX reserves the right to terminate service if:

• documents are incomplete
• information is inaccurate
• compliance risks are identified
• payment terms are not followed
• consignee fails to cooperate
• regulatory violations are detected

No refunds will be issued for work already completed.

11. Governing Law

These Terms & Conditions are governed by the laws of Malaysia and all applicable customs, regulatory, and import compliance regulations.

12. Corporate Disclaimer

“DPX is not an operator or trading company. DPX only provides compliance management and customs release assistance on behalf of the consignee.”