General Terms and Conditions of Sale DHL Express

ARTICLE 1 – PURPOSE AND SCOPE OF APPLICATION

The purpose of these General Terms and Conditions of Sale is to establish the terms for the provision by DHL International Express (France) SAS, thereinafter designated as “DHL”, in any capacity whatsoever (freight forwarder, warehouse keeper, agent, handler, customs provider or representative, forwarding agent, etc.), of services entrusted to this latter (The Transport Operation and/or any other services, in particular Logistic Operations).

Any service thus entrusted to DHL implies acceptance without reserve by the Instructing Party of the present DHL EXPRESS General Terms and Conditions of Sale, as well as DHL EXPRESS General Terms and Conditions of Transport, DHL EXPRESS’ Money-Back Guarantee Terms and Conditions and when appropriate the Specific Terms and Conditions applicable to the service in question hereinafter jointly referred to as the “DHL EXPRESS’ Contractual Terms and Conditions”. The Instructing Party explicitly waives the benefit of its own general terms and conditions of purchase.

Any contradiction or variance between these documents will be settled according to the following order of priority:

- As appropriate, the Specific Terms and Conditions applicable to the service in question
- DHL EXPRESS Money-Back Guarantee Terms and Conditions
- DHL EXPRESS General Terms and Conditions of Transport
- DHL EXPRESS General Terms and Conditions of Sale

DHL EXPRESS Contractual Terms and Conditions could be changed at any time by DHL. DHL EXPRESS Contractual Terms and Conditions applicable to the services provided by DHL are those in effect at the time of the achievement of the said services.

DHL EXPRESS’ Contractual Terms and Conditions in effect are available upon request from the Customer Service or on DHL’s website (https://mydhl.express.dhl/fr/fr/home.html) (hereinafter « DHL’s website »)  

Contractual relations are governed by the DHL EXPRESS’ Contractual Terms and Conditions listed above in effect at the time of the achievement of the services, without prejudice to application of Standard Contracts included in the French code of transport, of the Geneva Convention, known as CMR in the case of international road transport, of the Warsaw or Montreal Conventions in the case of air transport and of the Brussels Convention of 1924 as amended by the 1968 Protocol “the Hague-Visby Rules” in the case of transport by sea, as well as any amendments which may be made to them.

ARTICLE 2 – DEFINITIONS

Document: a document or a set of document constituting a unit charge of less than 2 kilograms

Instructing Party: The client (sender, third party, loader or other) contracting with DHL.

Consignment: Pieces, document, all Pieces and/or documents effectively submitted to DHL at the same time, for which transport is requested by the same Instructing Party for the same consignee from a single loading location to a single unloading location and covered by the same transport contract.

Piece: An object or material package comprising several objects, packaged regardless of the nature, the weight, dimensions and volume, representing a single load when submitted to DHL, packaged by the sender before submission, even if the content is detailed in the transport contract.

Transport Operator: Company performed Transport Operations, in any capacity whatsoever (forwarding agent, warehouse keeper, broker, handler, customs provider or agent or otherwise, customs broker, carrier, etc.)

Logistics Operator: Company performing Logistics Operations.

Transport Operations: Services related to the caring out and/or the organization and the management of Consignments from and to all destinations.

Logistics Operations: Services of all kinds provided by DHL which are intended for acceptance, inspection, storage, preparation, packaging, organisation of transport and distribution of goods.

Customs Operations:  All customs formalities carried out by DHL International Express (France) or DHL Aviation (France) SAS (the "Registered Customs Representative") for the import or export of a Shipment in order to import and export a Consignment.

Special Conditions applicable to the services considered: specific contractual conditions (Service contract, Framework Agreement, etc.) applicable between DHL and the Instructing Party.

ARTICLE 3 – OBLIGATIONS OF THE INSTRUCTING PARTY

3.1 Payment

The Instructing Party undertakes to pay the Transport Operations and/or the Logistics Operations, as well as other possible services provided by DHL, in application of the conditions given to the previous DHL EXPRESS’ Terms and Conditions of sale.

3.2 Conditioning, packaging, marking, labelling

For Transport Operations, the Consignment must be submitted by the Instructing Party already conditioned, packaged, marked and labelled, so that they can withstand the Transport Operations and in general all operation to be performed and be delivered to the consignee under normal conditions.

For Logistics Operations, the goods must be submitted by the Instructing Party already conditioned, packaged, marked and labelled, so that they can withstand the operations to be performed under normal conditions

The goods should not be a cause of danger for the drivers or the handling personal, the environment, the security of the cargo, the other transported or stored goods, the vehicles or for the third parties

The Instructing Party takes sole responsibility for the choice of conditioning and its adequacy to bear the transport and the handling.

In case of the Instructing Party entrusts goods in breach of the aforesaid specifications to DHL, those will travel at the own risk of the Instructing Party under disclaims of any responsibility of DHL. The Instructing Party will be held solely responsible for the damages of any kind caused by the goods without any recourse against DHL.

Every Consignment, object or load unit must be clearly marked so that the following information can be quickly and unequivocally identified: the shipper, the destination, the consignee, the place of delivery and the nature of the goods. The information on the label should correspond to those on the transport contract.

The Instructing Party takes responsibility for all consequences of absence, insufficiency or defects in the conditioning, packaging, marking and/or labelling.

3.3 Declaration obligations:

The Instructing Party guarantees that the nature and characteristics of the transported goods as well as other information related to those goods and their use, given by him or its representatives are accurate and complete.

The Instructing Party responds to any failure to fulfil the obligation of information and declaration regarding the nature and characteristics of the goods, in particular those hidden because of their value and/or the desires that they are likely to rise to, their dangerous nature and their fragility.

The Instructing Party shall solely bear the consequences resulting from declarations or supporting documents that are false, erroneous, incomplete, inapplicable or lately submitted, including the necessary information for the transmission of any summary declaration required by the customs legislation, in particular for the goods transported from or to third party countries.

3.4 Deliveries not accepted or restricted

The Instructing Party explicitly guarantees that she will not deliver to DHL illegal or prohibited goods.

The Instructing Party must not carry out Consignments considered as inacceptable to DHL. The inacceptable Consignments are described in DHL EXPRESS’ Terms and Conditions of Transport and on the DHL Website under the "Conseils d’expédition" tab.

In addition, certain Items are subject to restrictions based on their nature or value (hereinafter referred to as "Restricted Shipments"), in particular, Items of art, jewelry, electronic cigarettes, tobacco, watches, etc.

These Restricted Shipments are subject to authorization by DHL after examination.

3.5 Customs Formalities

If Customs Operation must be carried out, the Instructing Party guarantees the Registered Customs Representative for any financial consequences arising from erroneous instructions, inapplicable documents, etc. leading generally to the assessment of the duties, additional taxes, fines etc. from the relevant authority.

In case of clearance of goods benefiting from preferential treatment concluded or accepted by the European Union, the Instructing Party should guarantee to have undertaken any enquiries required by the disposals of the Community Customs Code to ensure that all the preferential treatment conditions have been respected.

The Instructing Party must, upon request of the Registered Customs Representative aiming at ensuring, within the prescribed time limit, deliver to the latter any information required by the customs legislation.

The non-provision of this information in the deadline aims at making the Instructing Party liable for all prejudicial consequences of breach in event of delay, additional taxes, damages etc.

However, as goods quality and/or technical standardisation rules fall under the sole responsibility of the Instructing Party, the latter must provide the Registered Customs Representative with all documents (test, certificate, etc.) required by the legislation for their circulation. The Registered Customs Representative does not incur any liability for the non-compliance of the goods with said quality or technical standardization rules.

3.6 Conditions of use of the Paperless Trade Service

As part of the execution by DHL of the customs formalities referred to in Article 3.5, DHL provides the Instructing Party with the Paperless Trade tool (hereinafter referred to as "PLT"), allowing the latter to electronically send certain documents accompanying its goods (suppressing in particular the need to attach paper copies).

DHL will provide the Instructing Party with instructions for using the PLT service. These instructions apply in addition to any existing requirements regarding the delivery of the Consignment and the transport documents. These requirements concern in particular:

• the format for sending electronic files,
• the quality of any scanned document,
• the transmission time of the shipping data,
• details on the destination of transmission of the shipping documents,
• the details of the Shipment (for instance, origin, destination, content, value) for which the PLT service is not available,
• any document (such as the certificate of origin) that must also be provided in hard copy when handing over the shipment to DHL.

The Instructing Party must comply with all of DHL's instructions regarding the PLT tool and any customs or legal obligations concerning the PLT service. In this sense and by way of example, the Instructing Party must not use the PLT tool for any Consignment subject under customs or legal obligation to the shipment of paper documents.

The Instructing Party authorizes DHL to use the data transferred electronically (for the purposes of processing and supporting the Consignment) via the PLT tool. This data includes the Instructing Party's header and electronic signature.

Any document sent electronically must be legible.

The Instructing Party guarantees DHL that the recipient of the Consignment authorizes the use of the PLT tool.

The Instructing Party shall indemnify and hold DHL free from all liability for any loss, damage or delay resulting from the breach by the Instructing Party of the Contractual Conditions of DHL EXPRESS, in particular this article.

3.7 Export Control

The Instructing Party expressly declares that the service he entrusts to DHL will not result in a breach by the Instructing Party, or by DHL, of any law, regulation or other applicable provision, whether in terms of economic sanctions, embargoes or export controls imposed by a government or any other competent authority. Otherwise, the Client will guarantee DHL against all recourses and / or any expenses incurred in this respect.

ARTICLE 4 – DELIVERY

The delivery is made in the hands of the consignee indicated on the transport contract as soon as he has signed it or any other electronic medium ensuring the transmission and storage of data.

The DHL’s General Terms and Conditions of transport have listed cases where the delivery is unavailable. 

Refusal or absence of the consignee:

If the Consignment is refused by the consignee or in the absence of the consignee for any reason whatsoever, all initial and additional costs will be payable by the Instructing Party.

Consignment which, owing to the consignee, cannot be delivered within 24 hours of their arrival at the destination city shall remain in DHL warehouses (or those of its sub-contractors) at the expense and risk of the Instructing Party.

DHL reserves the right to invoice the waiting time and its consequences, in case of immobilisation of the vehicle and its crew beyond the usual deadline.

ARTICLE 5 – RIGHT OF INSPECTION

For security and/or control reasons, the Instructing Party expressly recognizes that DHL or any public authority may open and inspect any Consignment without prior warning to the Instructing Party.

Any damages (delay, Piece refused by the consignee, etc.) likely caused by such control will not give rise to anyone to any indemnity from DHL.

ARTICLE 6 – CUSTOMS CLEARANCE

When Customs operations must be carried out by the Registered Customs Representative or its substitute, the Instructing Party gives a mandate to the Registered Customs Representative to intervene as a customs representative, acting directly in the name and on behalf of the Client as provided for under:

- Article 18 of the Union Customs Code (Regulation (EU) No 952/2013 of 9 October 2013) and
-The order of April 13, 2016 as amended by the decree of May 31, 2018 relating to customs representation and the registration of customs representatives.

It is specified that this mandate is given only for customs declarations and excludes any substitution or representation of the principal by the Registered Customs Representative with the customs administration for any contentious act unless otherwise agreed in writing by the parties.

The direct representation mode will be applicable except imperative law foreseeing the opposite or the application of another imperative regulation in the country or countries where the Customs Operations are carried out.

ARTICLE 7 – WEIGHT OF CONSIGNMENTS

DHL reserves the right to check the weight specified by the Instructing Party and correct any weight error by applying the following rules:

The weight taken into account for Consignments (rounded up to the closest point) will be the higher of the two following weights:

- the actual weight as determined in the various DHL service centres via re-weighing, being understand that the using scales comply with the applicable regulations in terms of weight and measurements, or
- volumetric weight, that the rules for calculating volumetric weight depend on the transport service used.

- They are available upon simple request from the Customer Service Department or on DHL’s website.

ARTICLE 8 – TARIFFS

8.1 Prices

Prices are calculated by applying the pricing in force on the date the Consignment is submitted.

Prices apply to the services performed during the working hours defined by DHL, which excludes holidays and weekends. The tariffs do not include the duties, taxes, fees and levies due in application of any regulation including tax or customs (such as excise, entrance fees, etc.), which will be charged extra where applicable.

In the context of operations subjected to the French value added taxes (VAT), the prices will be increasing according to the corresponding tax amount.

In the case of the French VAT is not mentioned on the original invoice, DHL will give to the Instructing Party a correcting invoice mentioning an overprice corresponding to the tax amount. This latter will pay the corresponding amount of VAT.

Price conditions are available upon simple request from the Customer Service or on DHL’s website.

Pricing conditions will be subject to an annual increase at the start of each calendar year.

Any changes of the Transport Operation, in particular any change of itinerary, any immobilisation of vehicle and/or its crew, not attributable to DHL could lead to a readjustment of the price conditions applicable to Transport Operation.

Prices applied to the Instructing Party are determined based on a volume of services defined by the Instructing Party.

It is understood that, in the event that this volume is not achieved during three (3) consecutive months, DHL should have the right to unilaterally revise prices according to actual Consignment volume.

8.2 Fuel surcharge

Each Consignment is subject to the invoicing of a fuel surcharge in addition to the rate mentioned in article 8.1. The fuel surcharge is subject to monthly indexing according to the terms specified on the DHL’s website under the heading "Fuel surcharge".

8.3 Options and surcharges

In addition to the rates mentioned in article 8.1, DHL will charge the Instructing Party for surcharges and options chosen by the latter, according to the terms specified on a list of options and surcharges available on request to Customer Service or on the DHL’s Website.

The list of options and surcharges can be changed at any time by DHL.

8.4 Additional charges

Any surcharge, temporary or definitive, attributable to national or international legislation or regulations (e.g. strengthening of IATA conditions), to a procedure, practice or to the exit from the United Kingdom of the European Union, will be invoiced by DHL to the Instructing Party 30 calendar days after the sending to the latter of a written notification informing him of such invoicing.

8.5 Customs clearance

The amount of duties and taxes related to imports is calculated according to the regulations in force.

To cover its costs (advance for customs and administrative handling), DHL will invoice in addition of the duties and taxes applicable a flat rate subject of the VAT according to applicable local rules.

8.6 Joint and several liability of the Instructing Party

In the event that the duties and taxes, shipping costs, transport costs and any other applicable fees should be paid by the recipient, the sender or any other person other than the Instructing Party, the latter remains jointly and severally liable and guarantor for the payment of the said applicable fees, whether vis-à-vis any administration, DHL or any third party, if the owing person is in default, whatever the reason, the Incoterm and / or the mode of representation defined between the parties.

8.7 Export Declaration

DHL reminds the Instructing Party that for any import of goods from third countries within the territory of the European Community, the sender of the goods is legally required to proceed to an Export Declaration.

In case where this Export Declaration is not made by the sender DHL could, in the interest of the Instructing Party, replace the sender to establish this Export Declaration.

The costs resulting from the establishment of this Export Declaration are based on several criteria such as in particular the kind of goods, its value and the origin country.

The Instructing Party expressly agrees that all costs incurred or suffered by DHL due to the establishment of the Export Declaration are directly charges to him and subject to VAT according to the applicable rules.

ARTICLE 9 – PAYMENT CONDITIONS

9.1 Billing frequency

Unless contrary provisions are given in the Specific Terms and Conditions applicable to the service in question, DHL invoices the services on a weekly basis.

9.2 Payment Deadline

The invoices for transport services are payable within 30 days from the invoice issue date. 

By way of derogation from the forgoing provisions, the Instructing Party undertakes to pay the amount of the duties and taxes corresponding to such import that DHL has advanced on their behalf to the Department of Customs, upon reception of the invoice.

Except payment conditions established by common agreement, invoices for Logistics Operations are payable within 30 days from the invoice issue date.

The Instructing Party is always responsible for payment.

Payment is due at the end of the above-mentioned payment period and the Instructing Party may not delay due to a prior request for information or documents of any kind whatsoever (proof of delivery, etc.).

At the agreed due date, any partial payment will be initially charged against the non-privileged part of the credits.

9.3 Online payment by bank card:

For the online bank card payment service, transport services are payable immediately.

Payment is made at the time of the order, via transmission of the Instructing Party’s bank card number using a secured payment system (Visa, MasterCard, American Express and Carte Bleue are accepted).

9.4 Late payment or non-payment

In case of irregular payment, incomplete or inexistent, payment by the Instructing Party’s fault, the resulting costs will be payable by this latter, and a civil and/or criminal lawsuit may be brought against the Client.

Pursuant to article L. 441-10 of the French Commercial Code, late payment penalties as well as a fixed compensation for recovery costs of the amount of 40 Euros (forty Euros) are due the day following the payment date stated on the above-mentioned invoice, in the event that the amounts due are paid after this date, and this without the necessity of a reminder without prejudice to damages and other expenses that DHL has the right to claim.

The late payment penalties will be claimed by DHL at the rate equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points.

9.5 Lack of compensation

The parties agree that their mutual receivables and debts resulting from the fulfilment of the services cannot be compensated solely on the initiative of one of the parties.

9.6 Conventional lien

The Instructing Party explicitly recognises that DHL has a conventional lien including a possessory and general permanent preference lien on all goods, assets and documents in DHL’s possession, guaranteeing the total receivables (invoices, interest, costs incurred, etc.) that DHL holds against it, even prior to or foreign to operations performed relating to the said goods, assets or documents.

9.7 Disputed invoice

Under penalty of foreclosure, any disputed invoice must be notified to DHL by registered letter with acknowledgement of receipt, within 30 days following its date of issue.

All complaints relative to any losses, damages shall be ruled in accordance with paragraph 11.5 of the present DHL EXPRESS General Terms and Conditions of sale. 

9.8 Electronic billing: MyBill

The Instructing Party explicitly authorises DHL to issue its invoices by e-mail for all DHL services that meet the eligibility conditions of the MyBill service.

Each invoice, once issued, can be accessed at any time on DHL’s website in the “Plus Services” section after authentication of the Instructing Party. The Instructing Party must specify the e-mail address at which it wishes to receive the invoices. The Instructing Party certifies the veracity and accuracy of the information given when registering for the MyBill service. It promises to inform DHL of any e-mail address change.

The Instructing Party will be free to view, download and/or print its invoices. The MyBill service is free of charge (excluding cost of Internet connection). The Instructing Party no longer receives a paper copy of the invoice by regular mail.

The invoice is available on the Instructing Party’s account for a period of twelve (12) months, except if this right is waived. If the Instructing Party wishes to keep its invoices for a longer period it can archive them on any medium.

The Instructing Party can cancel the MyBill service on written request by registered letter with acknowledgement of receipt. In this case, the Instructing Party will receive a paper copy of the invoice by regular mail by paying an additional fee per invoice.

ARTICLE 10 – DURATION – Termination for breach

10.1 Duration

Except any provisions to the contrary provided by the Specific Terms and Conditions applicable to the considered services, all contractual relations between DHL and the Instructing Party have an undetermined duration.

In the aftermath, either party may terminate the contract by registered letter with acknowledgement of receipt adhering to the minimal notice period of

• One (1) month when the time elapsed since the date of commencement of the Contract is under six (6) months.
• Two (2) months when the time elapsed since the date of commencement of the Contract is between six (6) and twelve (12) months.
• Three (3) months when the time elapsed since the date of commencement of the Contract is between twelve (12) and twenty-four (24) months.

When the duration of the contractual relationship is exceeding twenty-four (24) months, the minimal notice period is increased of one month per year of ongoing relationship beyond a period of twenty-four (24) months, but without exceeding six (6) months. 

During this notice period, the Instructing Party must maintain a volume of Consignments identical to that of the twelve (12) months preceding the notice.

If the Instructing Party is in breach of its obligations during the notice period or the notice obligations are not observed, DHL shall have the right to compensation equal to the amount of the total invoices that DHL would have received until the end of the notice period.

DHL may terminate the contractual relation with immediate effect and without indemnity if the Instructing Party does not use its account within six (6) months.

10.2 Termination for breach

In the event of a serious or repeated breach by one of the parties to any of its obligations arising from the contractual relationship, the other party may, thirty (30) days after having given the other party a notice to perform its obligations by registered letter with acknowledgment of receipt remained unsuccessful, terminate ipso jure the contractual relationship, without prejudice to any damages.

ARTICLE 11 – LIABILITY

DHL in whatever capacity shall be held liable for the only justified directs prejudices.

The notion of justified direct loss excludes particularly the compensation for the loss of opportunity, the loss of exploitation, production, benefit, incomes and profits.

DHL's liability cannot be incurred for any loss or damage related to a case of force majeure, as defined by Article 1218 of the Civil Code and the jurisprudence of the Court de Cassation or related to any exonerative cause of liability as covered by the laws, regulations, conventions and case law applicable to the particular mode of transport.

11.1 Transport Operations

DHL’s liability as Transport Operator is determined in accordance with DHL EXPRESS General Terms and Conditions of Transport

Specific Conditions for the "DHL Express Easy" offer

Notwithstanding the foregoing, when the Instructing Party makes a Consignment via DHL's "Express Easy" (simplified shipments offer (including a transport service, the supply of packaging and compensation conditions deviating from those provided for in the General Conditions of Transport of DHL EXPRESS) for customers who do not have a DHL account, marketed in agencies, DHL shops and at certain DHL partners) offer, the conditions of compensation hereinafter mentioned are applicable instead of the conditions of compensation provided in the DHL EXPRESS General Terms and Conditions of Transport.

• In case of shipment of document (EU and non-UE) and shipment of Piece in UE:

In case of loss or damage rendering the document unsuitable for its use or in case of loss or damage caused to the Piece, a compensation of four hundred (400) Euros will be paid by DHL regardless of the value of the content transported. This full and final compensation does not apply to delays, damages and / or losses due to circumstances beyond the control of DHL as provided by the DHL Express General Conditions of Transport.

• In case of shipment of non-UE Piece:

In case of loss or damage caused to the Piece, a compensation based on the declared customs value and transportation costs but up to a maximum total value of two thousand (2000) Euros will be paid by DHL. This compensation does not apply to delays, damages and / or losses due to the fault of the Instructing Party, the vice of the Shipment, insufficient packaging which constitutes, without limitation, exemption of liability for DHL.

In all cases, DHL in whatever capacity shall be held liable for the only justified directs prejudices.

The notion of justified direct loss excludes particularly the compensation for the loss of opportunity, the loss of exploitation, production, benefit, incomes and profits.

11.2 Late delivery

Unless contrary provisions are given in the DHL EXPRESS’ Specific Terms and Conditions of repayment, delivery times are given for information only. As a result, no compensation for late delivery is payable by DHL.

11.3 Customs Operations

The Registered Customs Representative’s liability for claims resulting of Customs Operations performed by the Registered Customs Representative is limited to the lower of the following amount: twelve Euros and fifty Cents (12,5) per Customs Operation or 25% of the average value of goods shipped by the Instructing Party.

11.4 Logistics Operations

Unless contrary provisions are given in the Specific Terms and Conditions of the services in question, DHL’s liability as Logistics Operator is determined according to the following rules:

- Losses and damage

For all damages to goods that can be attributed to Logistics Operations due to losses and damage and for all resulting consequences, DHL’s liability is limited to 14 Euros per kilo of gross weight of missing or damaged goods, regardless of the weight, volume, dimensions, nature or value of the goods in question, not to exceed an amount greater than the product of the gross weight of the goods expressed in tonnes multiplied by 2,300 Euros with a maximum of 50,000 Euros per event.

- Other damages

For all other damages resulting from a breach in the fulfilment of the Logistics Operation, DHL’s liability is strictly limited to the price of the Operation involved in the damage, not to exceed a maximum of 50,000 Euros per event.

11.5 Admissibility of claims

In the event of loss, damage or any other deterioration suffered by the goods, or in the event of delay, it is up to the consignee or receiving clerk to make all the necessary provisions and in general perform all actions needed to preserve the right to recourse within the statutory time limit applicable to the service in question.

For Transport Operations, under penalty of foreclosure all claims must be made in writing and submitted to DHL within the deadline set by the DHL EXPRESS Terms and Conditions of Transport and for claims relating to late delivery within the deadline set by the DHL EXPRESS Money-Back Guarantee Terms and Conditions.

For the other services, in particular Logistics Operations, under penalty of foreclosure, all claims must be made in writing and submitted to DHL within the deadline set by the Specific Terms and Conditions applicable to the service in question or if no claim deadline provision is given in the Specific Terms and Conditions applicable to the service in question, according to regulations applicable to the considered service.

ARTICLE 12 – “AD VALOREM” INSURANCE

Unless otherwise provided for in the Specific Terms and Conditions applicable to the considered services providing for the provision by DHL of an Ad Valorem insurance, the Instructing Party may request the subscription for its account of an Ad Valorem insurance covering the monetary value of Consignment, subject to the payment of a premium and subject to acceptance by DHL.

No insurance is supplied by DHL without a written and repeated order for each Consignment, specifying the characteristics of the Consignment to be covered and the values to be guaranteed. If such an order is given, DHL, acting in the name and on behalf of the Client, contracts insurance with a reputable insurance company at the time of the cover.

DHL, acting as agent, cannot be considered under any circumstances as an insurer. The conditions of the policy are deemed known and approved by the Client. A certificate of insurance will be issued, if requested.

ARTICLE 13 – SPECIFIC TERMS AND CONDITIONS FOR LOGISTICS OPERATIONS

13.1 Property Insurance – Waives the right to institute proceedings  

The Instructing Party shall insure against all risk of damages like fire, explosion, lightning, storm, water damage, electricity damage, theft etc, the articles, goods, objects, materials (i) entrusted to DHL and disposed and/or stored in any local where DHL operates and/or (ii) made available to DHL for the execution of the services.

In any case, the Instructing Party expressly waives the right to institute any proceedings against DHL from the very first euro if one of these risks is completed and for all any resulting consequences. The Instructing Party undertakes to obtain from its insurers the same waiver.

13.2 Inventory difference

The stock difference is measured by comparing the values obtained during physical inventories and those given by the computerised stock management system managed by DHL at the same dates.

A final calculation of measurement of stock difference will be performed at the end of each calendar year based on comparisons made during inventories.

Missing stock not offset by excess stock at physical inventories as well as warehouse breakage may lead to compensation being paid by DHL for their value in “average weighted price”, minus a wastage amount of 2 ‰.

It is specified that these compensations for stock difference and the compensation related to all damages to goods that can be attributed to Logistics Operations due to losses and damage mentioned in article 11.4 are given as alternatives and cannot both be applied to the same goods. The lower of the compensation values shall be applied.

13.3 Termination by the Instructing Party

Unless contrary provisions are given in the Specific Terms and Conditions applicable to the service in question, if relations are terminated by the Instructing Party without observing the notice provided in the article 10 and without any breach on the part of DHL, DHL shall have the right to the following compensation, notwithstanding specific conditions:

• If DHL has provided Logistics Operations for at least one year, the compensation will be equal to the billing for six (6) full months of Logistics Operations, calculated based on the monthly average of the last year of operation.

• If DHL has provided Logistics Operations for less than one year, the compensation will be equal to the billing for six (6) full months of Logistics Operations, calculated based on the highest monthly invoice.

This compensation must be paid immediately by the Instructing Party.

13.4 Restoration

If contractual relations are terminated, for any reason whatsoever, and provided all amounts due have been paid, DHL will return to the Instructing Party all goods submitted by the Instructing Party for the Logistics Operations entrusted to DHL.

After removal of these items, the Instructing Party may not make any claim regarding the Logistics Operations provided by DHL.

The departure of the Instructing Party must be formalised by a report which will signify that all affairs are settled between the Parties.

ARTICLE 14 – TERMINATION AND NON-VALIDITY

If any of the clauses of these DHL EXPRESS’ Contractual Terms and Conditions should be declared void or unwritten, all other clauses would continue to apply.

ARTICLE 15 – LAW AND JURISDICTION

The French law is applicable

In the event of disputes arising from the occasion of contractual relations or in the event of a dispute of any kind whatsoever, even in the case of introduction of third parties or multiple defendants, jurisdiction shall be considered to be the Paris Commercial Court.

ARTICLE 16 – DATA PROTECTION

DHL undertakes to scrupulously respect the regulations relating to the protection of personal data by ensuring that it is continuously compliant with the provisions of the Data Protection Act No. 78-17 of 6 January 1978 as amended, European Regulation 2016/679 of the European Parliament and the April 27, 2016 Board of Directors (hereinafter the "RGPD"), and any current or future legislation or regulations relating to this regulation.

DHL collects personal data (hereinafter the "Data") from the customer (shipper, third party, shipper or other) (hereinafter the "Ordering Party") who contracts with it to perform the services of transport and / or logistics or any other services that it entrusts to him.

The communication to DHL of the Data by the Ordering Party is necessary and essential for the execution by DHL of the aforementioned services and based on the contractual relationship binding DHL and the Client.

The Data are addressed to DHL and all third parties such as carriers, logisticians, IT service providers involved in the performance of services (hereinafter "Recipients").

DHL and/or Recipients may use the Data to perform the services referred to in the contract. DHL may also use the Data for the following purposes: communication of a commercial nature such as the sending of newsletters, promotional offers (since they concern services similar to those of the contract), etc. ; the assessment of the satisfaction level of the Client and / or the recipients by means of, in particular, satisfaction surveys (by email, SMS or MMS or telephone).

The data will be kept for suitable periods of time and in accordance with the retention periods in force for each type of data and the purposes for which they are collected.

The Data may be transferred outside the European Union to countries recognized by the European Commission as guaranteeing an adequate level of protection of personal data or to countries not recognized as such. Where applicable, DHL will ensure that the transfer is conducted under terms and conditions that provide effective data protection and comply with regulations. Information on these measures may be requested from the DHL Data Protection Officer.

The Ordering Party must entrust DHL with data relating to its customers or any other third party (hereinafter "Clients of the Ordering Party" or "its Customers") in strict compliance with the regulations on personal data.

The Ordering Party guarantees that he has lawfully collected the Data. The Ordering Party also guarantees that he has communicated to its Clients all the information relating to the processing of which their Data may be the subject of himself or by any natural or legal person (including DHL) to whom the Data are communicated, so that they are fully aware of it, in accordance with Article 13 of the GDPR.

The Ordering Party and its Customers concerned by Data processed by DHL may, at any time, exercise all the rights guaranteed to them by the RGPD (right of access to the Data concerning them, right of opposition, right of rectification, right of cancellation, right of limitation and portability of data) by sending their request to the Data Protection Officer by post to the following address: DHL International Express (France) SAS, Building Le Mermoz - 53 Avenue Jean Jaures - CS 80014-93351 LE BOURGET CEDEX or by electronic mail at the following address: frexp.dpo@dhl.com. If necessary, the Ordering Party and the third parties concerned may submit a complaint to the Commission Nationale de l’Informatique et des Libertés (CNIL).

ARTICLE 17 – MEDIATION

In accordance with Articles L611-1 et seq. Of the French Consumer Code, the Instructing Party who qualifies as a consumer may, in the absence of a response within two months or an unfavorable response to a complaint made in accordance with the conditions and mode of Article 11.5 of these DHL EXPRESS General Terms and Conditions of Sale, submit the matter to the Médiation de la Consommation AME (hereinafter the "Mediator").

The referral of the Mediator by the Instructing Party who qualifies as consumer, can be done via the website of the Mediator www.mediationconso-ame.com (hereinafter "the Site") or by mail to the address Médiation de la Consommation AME, 11 Place Dauphine, 75001 Paris, completing the form made available on the Site and this, along with supporting documents.

ARTICLE 18 - PANDEMIC CLAUSE

The spread of the coronavirus (COVID-19) has been officially declared a pandemic by the WHO. The spread of the coronavirus (COVID 19) is already having a considerable impact on transport and logistics through, for instance, border controls and quarantine measures. The situation is very volatile with the administration / governments of various cities / states / countries restricting movement within these cities / states / countries. These consequences of the spread of the coronavirus (COVID-19) are beyond DHL's reasonable control. The prices and service levels agreed with DHL therefore do not take into account the effects of the spread of the Coronavirus (COVID 19). This applies to both currently known effects and possible future effects to come.

In view of the above situation, DHL reserves the right to modify all or part of its services, to modify its working procedures and the agreed prices, to charge surcharges or, otherwise, to take measures to adapt its business operations and its obligations to its customers in the circumstances resulting from the spread of the coronavirus (COVID -19). DHL will be released from any liability resulting from the application of any contract relating to services if, and to the extent that, such liability is caused by the consequences of the spread of the Coronavirus (COVID-19). If DHL is prevented from performing its obligations (as modified, changed or adjusted in accordance with the foregoing) in such circumstances, for more than 30 consecutive days, either party shall have the right to terminate the contract immediately upon simple written notification to the other part.

The above provisions will also apply if and to the extent that a comparable pandemic or other health emergency occurs in the future and this has similar negative consequences in the transport sector, customs , and / or logistics.

ARTICLE 19 - BREXIT

"Brexit" means the United Kingdom or part of it ceasing to be part of the European Customs Union and / or the European Union Single Market. Brexit has led to the establishment of trade and regulatory barriers between parts of the United Kingdom and between the United Kingdom and the European Union which has significant effects on transport operations, especially those to or from Ireland.

Due to Brexit, DHL reserves the right to change all or part of its Transport and / or Customs Operations to, from or through the UK, to change its working procedures and agreed tariffs as well as to charge surcharges.

DHL must be released from any liability under any contract for operations to and from the UK or Ireland if, and to the extent, such liability would result from the consequences of Brexit.

ARTICLE 20 - SECURE

DHL e-Secure is a DHL internet application which allows the Instructing Party to define the persons authorized within it to use his DHL accounts when it uses the DHL eCom platform to order or pay for transport services to DHL.

DHL e-Secure allows the Instructing Party to designate the user(s) authorized to use their DHL accounts via the DHL eCom platform. The purpose of this security application is to prevent or minimize the use of a DHL account of the Instructing Party by a person not authorized by the latter.

The Instructing Party shall appoint an administrator who shall be responsible for reviewing and approving the list of users for each of his DHL accounts and will be responsible for managing the security permissions for these users. The Instructing Party's administrator will receive a notification from DHL for any potential user attempting to use a Principal's DHL account, in order to obtain confirmation from him that the potential user is authorized to use said account.

The following DHL International Express (France) SAS General Terms and Conditions replace the previous Terms and Conditions and come into force on April 15, 2021.

For translation purpose only – French version of the present General Terms and Conditions of sales shall prevail.

Version April 15, 2021