DHL Express Terms and Conditions of Carriage
("Terms and Conditions")
When ordering the DHL Express México, S.A. de C.V. (hereinafter DHL) services you, as “Shipper”, are agreeing, on your behalf and on behalf of the receiver of the Shipment (“Receiver”) 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” will be considered as the document produced by the DHL or Shipper automated systems that include the complete shipment information in accordance with the characteristics established by the Mexican legislation. Every Shipment is transported in accordance with the present Terms and Conditions, as well as in accordance with the terms registered on the reverse of the waybill with which shall be documented each and every shipment entrusted to DHL, whose legal character is a contract of adhesion, authorized and registered by the Mexican Federal Consumer Protection Agency, under the number 1025, Book 1st, Volume 1, page 57, of April 6th 1988, which the Shipper manifests to know and accept.
|1. Customs Clearance|
|2. Unacceptable Shipments|
no customs declaration is made when required by applicable customs regulations, or Shipper does not deliver the required documentation for the corresponding customs clearance.
it contains fake articles, bills or foreign lottery advertisements, dangerous goods, infectious biological hazardous waste and materials, psychotropic substances and narcotics, real or imitation firearms, explosives and ammunition, as well as parts thereof; animals or perishable goods, gold or silver bullion, currency, bearer instruments or negotiable instruments, gem stones; human remains; works of art, pornography or any other good whose transportation requires a specific permit or is restricted by a particular law, illegal items, such as ivory or else, in the same waybill. The Shipper accepts that DHL is not aware of the content of the shipments consigned for transportation, thus releasing DHL from any liability derived from the transportation of forbidden shipments pursuant to the provisions of the present section.
it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods) or other relevant organization (“Dangerous Goods”),
its address is incorrect or not properly marked or its packaging is defective or inadequate to ensure safe transportation with ordinary care in handling,
it contains any other item which DHL decides cannot be carried safely or legally.
|3. Deliveries and Undeliverables|
Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver’s address given by Shipper but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area.
DHL may notify Receiver of an upcoming delivery or a missed delivery. Receiver may be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at a DHL Service Point. Shipper may exclude certain delivery options on request.
If the Shipment is deemed to be unacceptable as described in Section 2, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay Customs Duties or other Shipment charges, DHL shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment may be abandoned or destroyed by DHL without incurring any liability whatsoever to Shipper or anyone else, related or not to the Shipment.
Shipper acknowledges that any Shipment may be abandoned or destroyed by DHL one month after its date of its receipt, if it has not been claimed or collected.
|5. Shipment Charges and Fees|
DHL’s Shipment charges are calculated according to the actual or volumetric weight per piece, whichever is greater, and any piece may be re-weighed and re-measured by DHL to confirm this calculation.
The Shipper or the Receiver shall pay or reimburse DHL for all Shipment or other charges due, or Customs Duties owed for services provided by DHL or incurred by DHL on Shipper’s or Receiver’s behalf. Payment of Customs Duties may be requested prior to delivery.
If DHL uses its credit with the Customs Authorities or advances any Customs Duties on behalf of a Receiver or the Shipper who does not have an account with DHL, DHL shall be entitled to assess a fee.
|6. DHL's Liability|
6.1 DHL’s liability in respect of any Shipment carried is limited to the amount equivalent to 30 (THIRTY) UNIDADES DE MEDIDA Y ACTUALIZACIÓN (UMA), in accordance with the emitted value by the INSTITUTO NACIONAL DE ESTADÍSTICA Y GEOGRAFÍA (INEGI), in accordance with the actual monetary value of the Shipment’s contents.
If Shipper requires extending the liability limit, Shipper may purchase Shipment Value Protection, by paying an additional cost, as described in Section 8, or Shipper may contract its own insurance.
DHL’s responsibility remains limited strictly to direct loss or damage of the Shipment and the liability limits by Shipment specified in the present Terms and Conditions. Any other indirect or consequential damages are excluded (including but not limited to loss of profits, interest or future business). The foregoing is applicable, even if such loss or damage is indirect or of special consideration or even if DHL had been previously warned about it.
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 the Money Back Guarantee terms and conditions.
|8. Shipment Value Protection|
DHL offers the Shipper, the possibility to extend the protection of the Shipments, in accordance with the following: In case of loss, damage or misplacement of the Shipments, and since DHL is unaware of their content, and therefore of their replacement value, DHL offers the Shipper the possibility to protect the Shipments in accordance to the declared value by the Shipper, provided this is indicated in the designated box on the Waybill, and the Shipper pays the additional cost corresponding to 1% (ONE PERCENT) of the Shipment’s declared value, in accordance with the information on the waybill.
In case the Shipper has covered the previously mentioned cost, DHL will only be responsible up to the verifiable amount of the goods transported by DHL. In case the Shipper does not contract or pay for Shipment Value Protection, in accordance with the present section, DHL’s liability for the Shipment’s integrity shall be linked to the terms described in the previous Section 6. Shipment Value Protection does not cover indirect loss or damage, or loss or damage caused by delays.
|9. Circumstances Beyond DHL’s Control|
|10. Shipper’s Warranties and Indemnities|
all information provided by Shipper or its representatives is complete and accurate;
the Shipment is acceptable for transport under Section 2 above;
the Shipment was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation to DHL;
Shipper has complied with all applicable customs, import, export, data protection laws, sanctions, embargos and other laws and regulations; and
Shipper has obtained all necessary consents in relation to personal data provided to DHL including Receiver’s data as may be required for transport, customs clearance and delivery, such as e-mail address and mobile phone number.
|12. Governing Law|