ShipAny Cash-on-Delivery (COD) Services Agreement

This Cash-on-Delivery Services Agreement (“Agreement”) outlines the terms and conditions under which ShipAny (Thailand) Limited (“ShipAny,” “We,” “Us”) provides COD services to users (“Users”, “Merchant,” “You”). By accessing our platform and utilizing our services, you accept and agreed to abide by the terms set forth in this Agreement.

1. Definitions

Merchant/You: Refers to you, the individual or entity accessing our platform and accepting the ShipAny’s terms and conditions.
ShipAny/We/Us: Refers to ShipAny Limited, the provider of automated shipping services.
Courier: The third-party delivery service engaged by ShipAny to deliver Shipments and collect COD payments.
COD Amount: The invoice value to be collected from the Consignee upon delivery of the Shipment.
Merchandise: The goods or products that are the subject of the Shipment, sold by the Merchant to the Consignee.
Consignee: Refers to the individual or entity designated to receive the Shipment from the Courier.
Business Day: Refers to any day from Monday to Friday, excluding public holidays in either Thailand or Hong Kong.

2. Scope of Cash-on-Delivery (COD) Services

ShipAny offers the following COD services to the Merchant:

1. Delivery of Merchandise: ShipAny coordinates with the Courier for the delivery of Merchandise from the Merchant to the Consignees.
2. Collection of Payment: ShipAny agrees to facilitate the collection of the COD Amount from the Consignee upon delivery of the Merchandise via the courier services provided by ShipAny. The COD Amount will be collected by the Courier on behalf of the Merchant.
3. Remittance to Merchant: After receiving the COD Amount from the Courier, ShipAny will remit the collected funds to the Merchant according to the terms specified in this Agreement.

3. Merchant’s Obligations

3.1 Accurate Information

The Merchant must provide accurate and complete information concerning the Shipment and the COD Amount to be collected.

3.2 Responsibility for Merchandise

The Merchant is solely responsible for any claims, disputes, or liabilities arising from the quality, condition, or authenticity of the merchandise delivered to the Consignee. The Merchant should also make sure the correct merchandise has been prepared for delivery.

3.3 Compliance

The Merchant is responsible for ensuring that all shipments comply with applicable laws, regulations, and ShipAny’s shipping policies.

3.4 Payment of Service Fees

The Merchant agrees to pay ShipAny any applicable fees for the COD services at the rates agreed upon, payable at the completion of the service. Completion occurs when ShipAny receives the COD Amount from the Courier for Shipments delivered and signed for by the Consignees.

Merchant agrees to the following service charges for COD payments based on the chosen courier service:

3.5 Appointment of Courier

The Merchant acknowledges and agrees that the Courier is authorized to collect the COD Amount on the Merchant’s behalf.

4. Remittance Schedule and Payment

4.1 Remittance Schedule

ShipAny will remit the collected COD Amounts to the Merchant on the next Business Day (T + 1) after receiving the funds from the Courier, subject to the conditions outlined in this Agreement. If the remittance day falls on a weekend or public holiday (in either Thailand or Hong Kong), the actual remittance will be processed on the next business day.

* Delivery Day (T): The Day which the shipment is delivered to the Consignee, and the COD Amount is collected by the Courier on behalf of the Merchant.

Courier Service	ShipAny Remittance Schedule
Kerry Express	Remittance Day: Within a maximum of 7 days after the delivery of the COD order (T + 7) 1. COD Amount collected on Friday/Saturday, remitted on the following Thursday 2. COD Amount collected on Monday/Tuesday, remitted on Saturday 3. COD Amount collected on Wednesday/Thursday, remitted on the following Tuesday
J&T Express	Remittance Day: Within a maximum of 7 days after the delivery of the COD order (T + 7) 1. COD Amount collected on Friday, remitted on the following Thursday 2. COD Amount collected on Saturday, remitted on the following Friday 3. COD Amount collected on Monday, remitted on the following Monday 4. COD Amount collected on Tuesday, remitted on the following Tuesday 5. COD Amount collected on Wednesday, remitted on the following Tuesday 6. COD Amount collected on Thursday, remitted on the following Wednesday

4.2 Consolidation of Remittances

ShipAny may combine multiple COD Amounts collected from different Shipments and/or Couriers into a single bank transfer when remitting funds to the Merchant. The consolidation aims to enhance administrative efficiency and reduce transaction costs. The frequency of combined remittances will be determined by ShipAny but will occur no later than an additional five (5) Business Days to the above schedule.

4.3 Statement and Verification

ShipAny will provide the Merchant with a statement detailing the total COD Amounts collected from the Consignees. The Merchant shall verify the validity of the statement within 30 days after the remittance of the COD amount. In case of discrepancies, ShipAny’s records shall prevail unless the Merchant provides conclusive evidence to the contrary.

4.4 Method of Remittance

Payments will be transferred to the Merchant’s registered bank account with ShipAny.

4.5 Conditions for Remittance

ShipAny will remit the COD Amounts to the Merchant only after the following conditions have been met:

1. ShipAny has received the full COD Amounts from the Courier into ShipAny’s bank account.
2. ShipAny has received the Merchant’s accurate and up-to-date bank account information.

4.6 Bank Charges and Fee

Any bank charges, transfer fees, or currency conversion fees incurred by the Merchant’s bank during the remittance shall be the responsibility of the Merchant.

4.7 Delays in Remittance

Courier Delays: ShipAny is not liable for delays in remittance caused by delays or failures of the Courier in transferring COD Amounts to ShipAny.
Financial Institution Delays: ShipAny is not liable for delays due to processing times, holidays, or other delays caused by financial institutions involved in the remittance process.

If the remittance day (T+7) falls on a weekend or public holiday (in either Thailand or Hong Kong), the actual remittance will be processed on the next business day.

5. Deduction and Withholding Rights

5.1 ShipAny’s Right to Deduct

ShipAny reserves the right to offset any amounts that the Merchant owes to ShipAny, including but not limited to service fees, charges, or other amounts due, against any COD Amounts or other payments that are due to the Merchant.

5.2 Notification of Deduction

ShipAny shall inform the Merchant with and detailing any offsets or deductions made under this clause.

5.3 Right to Withhold

ShipAny reserves the right to withhold remittance if required by law or if there is a reasonable suspicion of fraudulent or illegal activities related to the Merchant’s transactions.

6. Returns and Undeliverable Shipments

6.1 Responsibility for Returns

In cases where the COD delivery service has been completed, but Shipments are returned by the Consignees due to issues caused by the Merchant or the Consignee, the Merchant is solely responsible for coordinating with the Consignees regarding any refunds or disputes. ShipAny shall have no responsibility or liability to the Merchant or the Consignees resulting from such returns.

6.2 Costs of Returns

All costs incurred with the returns, including but not limited to return shipping fees and handling charges of the returning package and any fees for the payment transactions, are the responsibility of the Merchant.

7. Indemnification

The Merchant agrees to indemnify, defend, and hold harmless ShipAny from any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of or in connection with:

1. Any breach by the Merchant of this Agreement.
2. Any violation of applicable laws or regulations by the Merchant.
3. Any claim by a Consignee related to the Shipment or the COD Amount.
4. Any taxes, duties, penalties, or interest imposed by any governmental authority relating to the collection or remittance of COD Amounts.

8. Limitation of Liability

8.1 Discharge upon Remittance

Upon remittance of the COD Amount to the Merchant, ShipAny is discharged from any further liability related to that transaction.

8.2 Maximum Liability

ShipAny’s liability under this Agreement is limited to the amount of fees received by ShipAny from the Merchant for the specific Shipment in question.

8.3 Consequential Damages

ShipAny shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with this Agreement.

9. Use of Third Parties

9.1 Third-party Couriers

ShipAny engages third-party Couriers to deliver Shipments and collect COD payments.

9.2 Liability for Third Parties

ShipAny is not liable for any actions, delays, or failures on the part of third-party Couriers, except as required by applicable law. ShipAny’s responsibility is limited to coordinating with Couriers to facilitate the collection and remittance of COD Amounts.

10. Termination

10.1 Termination Rights

By ShipAny: ShipAny may suspend or terminate this Agreement, in whole or in part, immediately upon written notice to the Merchant if:

1. The Merchant breaches any terms of this Agreement.
2. The Merchant engages in fraudulent or illegal activities.

By Merchant: The Merchant may terminate this Agreement upon giving written notice to ShipAny, provided that all outstanding obligations have been fulfilled and stop using ShipAny’s COD service.

11. General Provisions

11.1 Modification

ShipAny reserves the right to modify this Agreement at any time with prior notice to the Merchant. Continued use of the COD services by the Merchant constitutes acceptance of any revised terms.

11.2 Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall remain in full force and effect.