Terms and Conditions: Shipping By DHL Express

Our standard terms and conditions of carriage for express shipments.

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 anyone else with an interest in the Shipment, that the Terms and Conditions shall apply from the time that DHL accepts the Shipment unless otherwise agreed in writing by an authorised officer of DHL.

“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 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 Shipment Value Protection may be arranged at an additional cost. (Please see below for further information). “DHL” means any member of the DHL Express Network.

DHL 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 or 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 address upon request by any person who DHL believes in its reasonable opinion to be authorised.

Shipper agrees that its Shipment is acceptable 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.

Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver’s 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 to be unacceptable, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay for delivery, DHL shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold by DHL 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 Shipper.

DHL has the right to open and inspect a Shipment without notice.

DHL’s Shipment charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by DHL to confirm this calculation. Shipper shall pay or reimburse DHL for all Shipment charges, ancillary charges, duties and taxes owed for services provided by DHL or incurred by DHL 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.

DHL’s liability is strictly limited to direct loss and damage only and to the per kilo/Ib limits in this Section 6. 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’s attention before or after acceptance of the Shipment. If a Shipment combines carriage by air, road or other mode of transport, it shall be deemed to have been carried by air. DHL’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.

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. If Shipper regards these limits as insufficient it must make a special declaration of value and request Shipment Value Protection as described in Section 8 (Shipment Value Protection) or make its own Shipment Value Protection arrangements, failing which Shipper assumes all risks of loss or damage.

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.

DHL can arrange Shipment Value Protection for Shipper covering the actual cash value in respect of loss of or physical damage to the Shipment, provided the Shipper completes the Shipment Value Protection section on the front of the waybill or requests it via DHL’s automated systems and pays the applicable premium. Shipment Value Protection does not cover indirect loss or damage, or loss or damage caused by delays.

* Not available for mail services

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 delays.

Certain services have a money-back guarantee which provides for a credit or refund for delay of all or part of the Shipment’s transport charges in some cases. The Money-Back Guarantee Terms and Conditions are available on the DHL website (www.dhl.com) or from DHL Customer Service.

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, Receiver, third party, customs or other government official; “Force Majeure” - e.g. earthquake, cyclone, storm, flood, fog, war, plane crash or embargo, riot or civil commotion, industrial action.

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.

Shipper shall indemnify and hold DHL 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 unauthorised interference during preparation, storage and transportation to DHL;

the Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling;

all applicable customs, import, export and other laws and regulations have been complied with; and

the waybill has been signed by Shipper’s authorised representative and the Terms and Conditions constitute binding and enforceable obligations of Shipper.

Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.

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.

The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.

January 1, 2011

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TERMS AND CONDITIONS OF MONEY-BACK GUARANTEE

The Guarantee only applies to:

DHL EXPRESS 9:00
DHL EXPRESS 10:30
DHL EXPRESS 12:00
DHL IMPORT EXPRESS 10:30
DHL IMPORT EXPRESS 12:00

DHL will, upon the customer's request and subject to the restrictions described below, provide either a credit or refund of the transportation charges paid by customer for a DHL EXPRESS 9:00, DHL EXPRESS 10:30, DHL EXPRESS 12:00, DHL IMPORT EXPRESS 10:30, and DHL IMPORT EXPRESS 12:00 shipment delivered later than DHL's quoted delivery commitment.

A. The money-back guarantee applies to DHL EXPRESS 9:00, DHL EXPRESS 10:30, DHL EXPRESS 12:00, DHL IMPORT EXPRESS 10:30, and DHL IMPORT EXPRESS 12:00 services.

B. The guarantee applies only to the transportation charges paid by U.S.-based payers. Therefore, the guarantee is for transportation costs only. This guarantee excludes all other charges, including, without limitation, fuel surcharge, fines, duties, taxes, levies, VAT, accessorial fees or other charges or amounts, and transportation charges resulting from returned shipments, which shall remain due and payable.

C. In the case of multiple piece shipments, this guarantee will apply to every piece in the shipment. If a late delivery occurs for any piece within the shipment, the refund or credit will be given for the portion of transportation charges applicable to the entire shipment.

D. The guarantee applies only to shipments where: (i) each package weighs no more than 66 pounds per piece or less for DHL EXPRESS 9:00, DHL EXPRESS 10:30 and DHL IMPORT EXPRESS 10:30, and 150 pounds piece or less for DHL EXPRESS 12:00 and DHL IMPORT EXPRESS 12:00; and (ii) no package is more than 118 inches in size (measured by adding length, width and depth) with no side greater than 47.2 inches.

E. Customer must notify DHL of any claim for late delivery, in writing or by telephone, within 14 calendar days of the shipment date and provide DHL with the account number (if any), the waybill number, the date of shipment, and complete receiver information. Within 30 calendar days after the customer notifies DHL, DHL shall respond either by:
- providing the customer with credit or refund *,
- providing the customer with information explaining the reason that the shipment is not eligible for the guarantee under the applicable limitations or exclusions, or
- providing the customer with evidence of timely delivery.

* If the customer has not yet paid for the shipment, compensation will be provided as a credit against the amount invoiced. If the customer has paid the invoice, a refund of the amount invoiced will be made in the form of a check.

F. If a customer has an extremely time-sensitive shipment, the loss or delay of which may result in consequential damages, the customer must contact his own insurance agent or broker to protect against such risks, as DHL does not assume such liabilities. DHL does not provide and will not arrange such protection.

G. The money-back guarantee does not apply to the following:
(1) The extra charges applicable to any additional optional service (e.g. customer requests a weekend pickup or delivery).
(2) Transportation charges resulting from returned packages.
(3) Space-available moves.
(4) Late delivery due to causes beyond DHL's control including, without limitation:
(i) customs delays,
(ii) customs inspections (including non DHL broker delays),
(iii) inaccurate or incomplete shipment information (such as P.O. Box for receiver address, missing or inaccurate receiver telephone number),
(iv) receiver’s request for delay,
(v) shipment diversion and special clearance services,
(vi) unavailability or refusal of the receiver to accept delivery or to pay duties and taxes against delivery if requested,
(vii) delays caused by acts of God (e.g. earthquake, cyclone, storm, flood, fog etc.),
(viii) delays caused by acts of public authorities acting with actual or apparent authority of law,
(ix) acts, requirements or omissions of postal, customs or other government officials,
(x) riots, strikes or other labor disputes,
(xi) civil commotion,
(xii) disruption in air or ground transportation caused by weather or other conditions.

(5) Shipments exceeding US $2,500 in value, or which are subject to lengthened transit times due to country specific value limitations.
(6) Dangerous goods or hazardous materials except specimen and diagnostic shipments contained in Lab Pack medical shipment packaging.
(7) Shipments tendered to DHL after the latest pick-up time specified by us for guaranteed delivery.
(8) Temporary imports and exports.

H. The money-back guarantee applies to DHL third-country movements 9:00 and 12:00 services, i.e. shipments moving between two countries outside of the U.S., but billed in the U.S.

I. The quoted delivery commitment time for any package picked up or scheduled to be delivered between December 18 and December 24 is extended by 90 minutes.

1. The services are available only from specified locations to specified post/zip codes. A customer can obtain the quoted transit time and eligibility for such services by contacting Customer Service.

2. Holidays in international locations will affect DHL’s transit times. Contact Customer Service for information on delivery commitments that may be affected due to the observance of holidays. Deliveries normally scheduled to be made on the day of holiday observance will be rescheduled for delivery on the next business day. The delivery commitment for the money-back guarantee policy will be extended for a period equal to the length of the holiday.

3. The services are not available for unacceptable shipments as defined in the DHL Terms and Conditions of Carriage or for shipments which do not meet restrictions on size, weight, commodity or value identified by DHL. The size and weight limitations are specified in D, while commodity and value restrictions can be ascertained by contacting Customer Service.

4. To establish whether a service is available for a particular shipment between a particular origin and destination, or in combination with a particular service feature (such as weekend pick-up), please use DHL’s shipping systems to determine service availability or contact DHL Customer Service and supply the following information:
(i) the pick-up address,
(ii) the commodity being shipped,
(iii) (if applicable) its shipment value for customs purposes,
(iv) the time and date the shipment is available to be picked-up,
(v) the exact destination, including post/zip code,
(vi) the type of service,
(vii) the shipment weight,
(viii) the shipment dimensions,
(ix) the number of pieces.

5. The shipper must specify the requested service on the waybill or shipping system as applicable and must tender the shipment to DHL by the cut off time specified by DHL.

6. All provisions of DHL’s Terms and Conditions of Carriage apply. This money-back guarantee is subject to modification or cancellation by DHL at any time and without notice.

7. Money-back guarantee payment will be retained if the customer is not in good credit standing. In such circumstances, DHL will hold the credit or refund check until customer has paid any outstanding payments.

Valid from 13 December 2010

For more information please call your local DHL Express Customer Service team

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