DHL EXPRESS TERMS AND CONDITIONS OF CARRIAGE
(“Terms and Conditions”)
IMPORTANT NOTICE
When ordering DHL’s services you, as “Shipper”, are agreeing, on your behalf and on behalf of the consignee of the shipment (“Consignee”) and anyone else with an interest in the Shipment that these Terms and Conditions shall apply.
“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 Shipment identifier or document produced by DHL or Shipper automated systems such as a label, barcode, waybill or consignment note as well as any electronic version thereof. 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). “DHL” means any member of the DHL Express Network.
1 Customs Clearance and Regulatory Compliance
DHL may perform any of the following activities on Shipper’s or Consignee’s behalf in order to provide services: (1)complete any documents, amend product or service codes and advance any duties, taxes or other regulatory charges required under applicable laws and regulations (“Customs Duties”), (2) act as Shipper’s or Consignee´s true and lawful agent or designate a customs broker to perform export control and customs clearance and (3) redirect the Shipment to Consignee’s customs broker or other address upon request by any person who DHL believes in its reasonable opinion to be authorized. Shipper or Consignee will provide any extra authorization required by applicable law for DHL to clear a Shipment.
2 Unacceptable Shipments
A Shipment is deemed unacceptable if:
3 Deliveries and Undeliverables
Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Consignee’s address given by shipper but not necessarily to the named Consignee personally. Shipments to addresses with a central receiving area will be delivered to that area.
DHL may notify Consignee of an upcoming delivery or a missed delivery. Consignee may be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at a DHL Service Point.
If the Shipment is deemed to be unacceptable as described in Section 2, it has been undervalued for customs purposes, Consignee cannot be reasonably identified or located, or Consignee refuses delivery or to pay Customs Duties or other shipment charges, DHL shall use reasonable efforts to return the Shipment to Shipper. This shall be at Shipper’s cost. If it is not possible to return the Shipment, it may be released, abandoned, disposed of or sold without incurring any liability whatsoever to Shipper or anyone else. DHL shall have the right to destroy any Shipment if DHL is prevented by any law or law enforcement agency from returning it in whole or in part to Shipper, as well as any Shipment of Dangerous Goods.
4 Inspection
DHL has the right to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons.
5 Shipment Charges, Duties and Fees
DHL’s Shipment charges are calculated according to the higher of actual or volumetric weight per piece and any piece maybe re-weighed and re-measured by DHL to confirm this calculation.
Payment of Customs Duties and other charges due as indicated on DHL’s website in the receiving country may be requested from Consignee prior to delivery. This includes a fee if DHL uses its credit with the Customs Authorities or pays any Customs Duties on Consignee’s behalf. Shipper shall pay or reimburse DHL for all Customs Duties and other charges due for servicesprovided by DHL or incurred by DHL on Shipper’s or Consignee’s behalf if Consignee has failed to pay.
6 DHL’s Liability
6.1 DHL’s liability in respect of any one Shipment transported by air (including ancillary road transport or stops enroute) is limited by the Montreal Convention or the Warsaw Convention as applicable, or in the absence of such Convention, to the lower of (i) the current market or declared value, or (ii) 22 Special Drawing Rights per kilogram(approximately $US 30.00 per kilogram). Such limits shall also apply to all other forms of transportation, exceptwhere Shipments are carried only by road, when the limits below apply.
For cross border Shipments transported by road, DHL’s liability is or shall be deemed to be limited by the Convention for the International Carriage of Goods by Road (CMR) to the lower of (i) current market value or declared value, or (ii) 8.33 Special Drawing Rights per kilogram (approximately $US 11.00 per kilogram). Such limits will also apply to national road transportation in the absence of any mandatory or lower liability limits in the applicable national transport law.
If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance asdescribed in Section 8 or make its own insurance arrangements.
6.2 DHL will make every reasonable effort to deliver the Shipment according to DHL’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. DHL is not liable for any damages or loss caused by delay, but for certain Shipments, Shipper may be able to claim limited delay compensation under theMoney Back Guarantee terms and conditions, which are available on the DHL website (https://mydhl.express.dhl/) or from DHL Customer Service.
7 Claims
All claims must be submitted in writing to DHL within thirty (30) days from the date that DHL accepted the Shipment, failing which DHL shall have no liability whatsoever. 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.
9 Circumstances Beyond DHL’s Control
DHL is not liable for any loss or damage arising out of circumstances beyond DHL’s control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to DHL; any act or omission by a person not employed or contracted by DHL - e.g. Shipper, Consignee, third party, customs or other government official; third party cyber-attacks or other information security related threats; “Force Majeure” - e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, epidemic, pandemic, civil commotion, or industrial action.
10 Shipper’s Representations, Warranties and Indemnities
11 Routing
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediatestopping places.
12 Governing Law
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject 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.
13 Severability
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.
Further information is available on the DHL website (https://mydhl.express.dhl/) and the relevant country site or from local DHL Customer Service.
