T&Cs of Carriage (on Cost Summary)
DHL EXPRESS TERMS AND CONDITIONS OF CARRIAGE (“Terms and Conditions”)
IMPORTANT NOTICE
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.
DHL may perform any of the following activities on Shipper’s or Receiver’s behalf in order to provide its services: (1) complete any documents, amend product or service codes, and pay any duties, taxes or penalties required under applicable laws and regulations (“Customs Duties”), (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 customs broker or other address upon request by any person who DHL believes in its reasonable opinion to be authorized.
A Shipment is deemed unacceptable if:
- 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.
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.
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.
DHL has the right to open and inspect a Shipment without prior notice to the Shipper for safety, security, and customs or upon warrant issued by competent authority.
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.
6.1 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.
Unless otherwise specified in Section 8, all claims must be submitted in writing to DHL within thirty (30) days from the date that DHL should have delivered the Shipment, failing which DHL shall have no liability whatsoever.
Claims are limited to one claim per Shipment, settlement of which shall be full and final settlement for all loss or damage in connection therewith.
Claims are limited to one claim per Shipment, settlement of which shall be full and final settlement for all loss or damage in connection therewith.
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.
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.
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, theft, flood, fog, war, plane crash, embargo, riot, civil commotion, or industrial action.
Shipper shall indemnify and hold DHL harmless for any loss or damage arising out of Shipper’s failure to comply with any applicable law or regulation, either federal, local or international; furthermore, Shipper shall indemnify and hold DHL harmless in case of any claim, procedure, law suit, complaint or contingency caused by breach of the following warranties and representations by Shipper:
- 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 personal data as may be required for transport, customs clearance and delivery, such as e-mail address and mobile or regular phone number.
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 to the applicable laws and relevant Courts of Mexico City. Shipper, irrevocably submits to such jurisdiction, unless contrary to applicable law. Notwithstanding the foregoing, if applicable laws allow the election of jurisdiction, this shall be determined by DHL.
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.
March 6, 2020
DHL EXPRESS MONEY-BACK GUARANTEE TERMS AND CONDITIONS
IMPORTANT NOTICE
DHL will, upon the customer's request and subject to the restrictions described below, provide a credit or a refund of the premium paid by the customer for a DHL Express shipment, that is delivered later than DHL's quoted delivery commitment.
A. The Guarantee only applies to the services
DHL EXPRESS 9:00,
DHL EXPRESS 9:00 IMPORT,
DHL EXPRESS 9:00 DOMESTIC,
DHL EXPRESS 10:30,
DHL EXPRESS 10:30 IMPORT,
DHL EXPRESS 10:30 DOMESTIC,
DHL EXPRESS 12:00,
DHL EXPRESS 12:00 IMPORT,
DHL EXPRESS 12:00 DOMESTIC
(each a "Service") and to shipments which comply fully with the service restrictions which are described herein.
DHL EXPRESS 9:00 IMPORT,
DHL EXPRESS 9:00 DOMESTIC,
DHL EXPRESS 10:30,
DHL EXPRESS 10:30 IMPORT,
DHL EXPRESS 10:30 DOMESTIC,
DHL EXPRESS 12:00,
DHL EXPRESS 12:00 IMPORT,
DHL EXPRESS 12:00 DOMESTIC
(each a "Service") and to shipments which comply fully with the service restrictions which are described herein.
B. The Guarantee applies to the transportation charges for a Service including the fuel surcharge. The Guarantee is exclusive of all other items, including, without limitation, fines, taxes or other charges or amounts (such as any fuel surcharge component), and transportation charges resulting from returned shipments.
C. In the case of multiple piece shipments, the 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 applicable to the entire shipment.
D. 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 customer so notifies DHL, DHL shall either:
- provide the customer with the credit or refund,
- provide the customer with information explaining the reason that the shipment is not eligible for the guarantee under the applicable limitations or exclusions, or
- provide the customer with evidence of timely delivery.
E. Customer may not permit any other party to notify claims on its behalf nor assign claims to any other party. Payment by DHL of the transportation charges to the customer shall constitute a full release of DHL’s obligations for any delay under the Guarantee.
F. The Guarantee will not apply where late delivery or failure to deliver is due to circumstances beyond DHL’s control, as set out in the DHL Terms and Conditions of Carriage and including customs delays, inaccurate or incomplete shipment information, delivery instructions or information (such as P.O. Box for receiver address, missing or inaccurate receiver telephone number), or receiver’s request for delay, shipment diversion or non-standard clearance services; or unavailability or refusal of the receiver to accept delivery or to pay duties and taxes against delivery if requested.
G. All other provisions of the DHL Terms and Conditions of Carriage apply. The Guarantee is subject to modification or cancellation by DHL at any time.
H. 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 insure against such risks, as DHL does not assume such liabilities. DHL does not provide and will not arrange such shipment insurance.
I. The Guarantee does not apply to:
(i) shipments linked to clinical trials where temperature sensitive packaging is being used or;
(ii) the extra charges applicable to any optional service sold with the shipment, e.g. packaging;
(iii) temporary exports or imports;
(iv) shipments with high value contents that require formal customs clearance;
(v) shipments with pieces exceeding the defined weight or size limits; and/or
(vi) shipments containing permitted Dangerous Goods.
A. The Services are available only from specified locations to specified post code destinations (or towns where no post codes are available).
B. 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 any other restrictions on size, weight, commodity or value identified by DHL.
C. To establish whether a Service is available for a particular shipment, between a particular origin and destination, or in combination with a particular service option (such as Saturday Delivery), please consult DHL's website or contact DHL Customer Service and supply the following information:
- the pick-up address,
- the commodity being shipped,
- (if applicable) its value for customs purposes,
- the time and date the shipment is available to be picked-up,
- the exact destination, including post code,
- the shipment weight,
- the shipment dimensions,
- the number of pieces.
D. The shipper must specify the requested Service on the waybill and must tender the shipment to DHL by the time agreed with DHL.
Valid from 01 July 2017