TERMS AND CONDITIONS OF CARRIAGE (“Terms and Conditions”)
IMPORTANT NOTICE
When ordering DHL Same Day services you, as "Shipper" , are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment, that the Terms and Conditions shall apply from the time that DHL Same Day accepts the Shipment unless otherwise agreed in writing by an authorized office of DHL Same Day. "Shipment" means all documents or parcels that travel under one waybill and which may be carried by any means DHL chooses, including air, road, or any other carrier. A “waybill” shall include any label produced by DHL Same Day automated systems, waybill, or consignment note and shall incorporate these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then insurance may be arranged at an additional cost. (Please see below for further information).
1. Customs, Exports and Imports
DHL Same Day may perform any of the following activities on Shipper’s behalf in order to provide its services to Shipper: (1) complete any documents, amend product or service codes, and pay any duties and taxes required under applicable laws and regulations, (2) act as Shipper’s forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and (3) redirect the Shipment to Receiver’s import broker or other addresses upon request by any person who DHL Same Day believes in its reasonable opinion to be authorized.
2. Unacceptable Shipments
Shipper agrees that its Shipment is unacceptable for transportation and is deemed unacceptable if:
- it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), ADR (European Road Transport Regulation on dangerous goods), any applicable government department or other relevant organisation;
- no customs declaration is made when required by applicable customs regulations;
- it contains counterfeit goods, animals, bullion, currency, banderols/tax stickers, bearer form negotiable instruments, precious metals and stones; real or imitation firearms, parts thereof, weapons, explosives and ammunition; human remains, pornography or illegal narcotics/drugs),
- it contains any other item which DHL decides cannot be carried safely or legally, or
- its packaging is defective or inadequate.
3. Deliveries and Undeliverables
Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receivers address given by Shipper (which in the case of mail services shall be deemed to be the first receiving postal service) but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. If the Shipment is deemed unacceptable or it has been undervalued for customs purposes , or Receiver cannot be reasonably identified or located, DHL Same Day shall use reasonably identified efforts to return the Shipment to the Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold by DHL Same Day without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to the Shipper.
4. Inspection and Security Requirements
In accordance with the law, Shipments may be opened for inspection during transit without prior notice to the Shipper. Shipper is responsible for providing DHL Same Day with an accurate description of the Shipment. Shipper and DHL Same Day shall comply with all current local and federal requirements and directives, regulations, and policies with regard to transportation security. DHL Same Day is not liable for direct, indirect losses, damages or delays incurred through the action of such agencies. Shipper shall indemnify and hold DHL Same Day harmless for security related fines and penalties caused by Shipper’s negligence or failure to comply with procedures. DHL Same Day reserves the right to modify its services and rates to impose security surcharges as a result of changes in security regulations.
5. Shipment Charges
DHL Same Day charges may be based on the higher of customer designated weight or the actual or volumetric weight, where appropriate., regardless of the weight provided on the waybill or provided to DHL Same Day at the time of Shipment order. DHL Same Day shall use reasonable means to ascertain the actual or dimensional weight of the Shipment and any Shipment may be re-weighed and re-measured by DHL Same Day. Shipper shall pay or reimburse DHL Same Day for all Shipment charges, storage charges, duties and taxes owed for services provided by DHL Same Day or incurred by DHL Same Day on Shipper’s or Receiver’s or any third party’s behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport as described in Section 2. Claims for overcharges, credits and invoice charges must be made in writing to DHL Same Day within one (1) year after the date of acceptance of the Shipment by DHL Same Day. The amount of the overcharge and/or credit claim may not be deducted from transportation charges. DHL Same Day invoices weekly; terms are 15 days from invoice date. Except where otherwise noted for pre-payment due to special transport e.g. charter transportation. Customer agrees that disputed items do not constitute grounds for withholding payment on non-disputed items. Customer shall be responsible for payment to DHL Same Day of all costs and expenses (including attorney’s fees) incurred by DHL Same Day in its efforts to collect from Customer any invoiced amounts that are not paid by Customer within 15 days of the invoice date.
6. DHL Same Day’s Liability
DHL Same Day’s liability is strictly limited to direct loss only and to the per kg/lb limits in this Section 6. If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance or make its own insurance arrangements. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to DHL Same Day’s attention before or after acceptance of the Shipment since special risks cannot be insured by Shipper. If a Shipment combines carriage by air, road or other modes of transportation, it shall be presumed that any loss or damage occurred during the air period unless proven otherwise. DHL Same Day’s liability in respect of any one Shipment transported without prejudice to Sections 7-11, is limited to its actual cash value and shall not exceed: - $US 25.00/kilogram or $US 11.34/lb for Shipments transported by air or other non-road mode of transportation or - $US 12.00/kilogram or $US 5.44/lb for Shipments transported by road.
7. Claims
Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith. All claims for international Shipments must be submitted in writing to DHL Same Day within thirty (30) days from the date that DHL Same Day accepts the Shipment, failing which DHL Same Day shall have no liability whatsoever. All claims for domestic US Shipments must be in writing to DHL Same Day within ninety (90) from the date that DHL Same Day accepts the Shipment, failing which DHL Same Day shall have no liability whatsoever. All of the original shipping cartons, packaging, and contents must be made available for DHL Same Day’s inspection and retained until the claim is concluded. DHL Same Day is not obligated to act on any claim until all transportation charges have been paid.
8. Shipment Value Protection
If the Shipment has an actual value greater than the liability limits listed in Section 6. DHL Same Day can arrange Shipment Value Protection covering the actual cash value, which may be less than the original purchase price, in respect to loss of or physical damage to the Shipment provided the Shipper marks the Shipment Value Protection section on the front of the waybill and requests it via DHL Same Day customer service and pays the applicable premium, Shipment Value Protection does not cover indirect loss or damage, or loss or damage caused by delays. If Shipper does not purchase Shipment Value Protection and pay the appropriate surcharge, Shipper assumes all risks of loss or damage over the amount of DHL Same Day’s liability in Section 6.
9. Delayed Shipments
DHL Same Day will make every reasonable effort to deliver the Shipment according to DHL Same Day’s projected delivery schedule, but these are not guaranteed and do not form part of the contract. DHL Same Day is not liable for any damages or loss caused by delays.
10. Circumstances Beyond DHL Same Day’s Control
DHL Same Day is not liable for any loss or damage arising out of circumstances beyond DHL Same Day’s control. These include but are not limited to: “Act of God” – e.g. earthquake, cyclone, storm, flood, fog: “Force Majeure” – e.g. war, plane crash or embargo: any defect or characteristic related to the nature of the Shipment even if known to DHL Same Day; riot or civil commotion; any act or omission by a person not employed or contracted by DHL Same Day e.g. Shipper, receiver, third party, customs or other government official; labor strike; and electrical magnetic damage to, or erasure of, electronic or photographic images, data or recordings.
11. International Conventions
If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Montreal Convention, or the Warsaw Convention as applicable, governs. For international road transportation, the Convention for the International Carriage of Goods by Road (CMR) may apply. These conventions limit DHL’s liability for loss or damage.
12. Shipper’s Warranties and Indemnity
Shipper shall indemnify and hold DHL Same Day harmless for any loss or damage arising out of Shipper’s failure to comply with any applicable laws or regulations and for Shipper’s breach of the following warranties and representations:
- All information provided by Shipper or its representatives is complete and accurate;,
- the Shipment was prepared in secure premises by Shipper’s employees;
- Shipper employed reliable staff to prepare the Shipment;
- Shipper protected the Shipment against unauthorized interference during preparation
- The Shipment is properly marked and addressed and packed to ensure safe transportation with reasonable care in handling
- The applicable Customs, import, export and other laws and regulations have been complied with ; and
- The waybill has been signed by Shipper’s authorized representative and the Terms and Conditions constitute binding and enforceable obligations of the Shipper
13. Routing
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places which DHL Same Day deems appropriate
14. Governing Law
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of DHL, to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
15. Severability
The invalidity of unenforceability of any provision shall not affect another part of these Terms and Conditions.