
EUEE3pt0607DR
DHL EXPRESS
TERMS AND CONDITIONS
OF CARRIAGE
(”Terms and Conditions”)
”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, air 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).
”DHL” means any member of the DHL Express Network.
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. Your statutory rights and
entitlements under any defined service feature (for which additional payment has been made) are not affected.
2. Unacceptable Shipments
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), any applicable
government department or other relevant organisation;
•
no customs declaration is made when required by applicable
customs regulations; or
•
DHL decides it cannot transport an item safely or legally (such items
include but are not limited to: animals, bullion, currency, bearer form
negotiable instruments, precious metals and stones, firearms, parts
thereof and ammunition, human remains, pornography and illegal
narcotics/drugs).
3. Deliveries & Undeliverables
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 Receiver refuses delivery or to pay for delivery, or the
Shipment is deemed to be unacceptable, or it has been undervalued for
customs purposes, or Receiver cannot be reasonably identified or
located, 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.
4. Inspection
DHL has the right to open and inspect a Shipment without prior notice
to Shipper.
5. Shipment Charges & Billing
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, storage 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.
6. DHL’s Liability
DHL contracts with Shipper on the basis that DHL’s liability is strictly
limited to direct loss only and to the per kilo/lb 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 since special risks can be insured by Shipper. If a Shipment
combines carriage by air, road or other mode of transport, it shall be
presumed that any loss or damage occurred during the air period of
such carriage unless proven otherwise. 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 the greater of $US 100 or:
$US 20.00/kilogram or $US 9.07/lb for Shipments transported by air
or other non-road mode of transportation; or
$US 10.00/kilogram or $US 4.54/lb for Shipments transported by road
(not applicable to the US).
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 insurance as described in Clause 8
(Shipment Insurance) or make its own insurance arrangements, failing
which Shipper assumes all risks of loss or damage.
7. Time Limits for 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.
8. Shipment Insurance*
DHL can arrange insurance for Shipper covering the actual cash value in
respect of loss of or physical damage to the Shipment, provided the
Shipper completes the insurance section on the front of the waybill or
requests it via DHL’s automated systems and pays the applicable
premium. Shipment insurance does not cover indirect loss or damage,
or loss or damage caused by delays.
*Not available for mail services
9. Delayed Shipments
DHL will make every reasonable effort to deliver the Shipment accor-
ding to DHL’s regular delivery schedules, but these are not guaranteed
and do not form part of the contract. DHL is not liable for any damages
or loss caused by delays.
10. 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: -”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; riot or civil commotion; any act
or omission by a person not employed or contracted by DHL e.g.
Shipper, Receiver, third party, customs or other government official;
industrial action; and electrical or magnetic damage to, or erasure of,
electronic or photographic images, data or recordings.
11. Warsaw Convention
If the Shipment is transported by air and involves an ultimate
destination or stop in a country other than the country of departure, the
Warsaw Convention, if applicable, governs and in most cases limits
DHL’s liability for loss or damage.
12. Shipper’s Warranties and Indemnity
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.
13. Routing
Shipper agrees to all routing and diversion, including the possibility that
the Shipment may be carried via intermediate stopping places.
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 or unenforceability of any provision shall not affect any
other part of these Terms and Conditions.
1. Customs, Exports and Imports
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.