DHL Express Terms and Conditions of Carriage
("Terms and Conditions")
When ordering DHL’s 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” shall include any Shipment identifier or document produced by DHL or Shipper automated systems such as a label, barcode, waybill or consignment note as well as any electronic version thereof. 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.
|1. Customs Clearance|
|2. Unacceptable Shipments|
no customs declaration is made when required by applicable customs regulations,
it contains counterfeit goods, animals, bullion, currency, gem stones; weapons, explosives and ammunition; human remains; illegal items, such as ivory and narcotics,
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 some 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 released, disposed of or sold without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against Customs Duties, Shipment charges and related administrative costs with the balance of the proceeds of a sale to be returned to Shipper. DHL shall have the right to destroy any Shipment which any law prevents DHL from returning to Shipper as well as any Shipment of Dangerous Goods.
|5. Shipment Charges and Fees|
DHL’s Shipment charges are calculated according to the higher of actual or volumetric weight per piece and any piece may be re-weighed and re-measured by DHL to confirm this calculation.
Shipper, or the Receiver when DHL acts on Receiver’s behalf, 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 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 one Shipment transported by air (including ancillary road transport or stops en route) is limited by the Montreal Convention or the Warsaw Convention as applicable, or in the absence of such Convention, to the lower of (i) the current market or declared value, or (ii) 22 Special Drawing Rights per kilogram (approximately $US 30.00 per kilogram). Such limits shall also apply to all other forms of transportation, except where Shipments are carried only by road, when the limits below apply.
For cross border Shipments transported by road, DHL’s liability is or shall be deemed to be limited by the Convention for the International Carriage of Goods by Road (CMR) to the lower of (i) current market value or declared value, or (ii) 8.33 Special Drawing Rights per kilogram (approximately $US 11.00 per kilogram). Such limits will also apply to national road transportation in the absence of any mandatory or lower liability limits in the applicable national transport law.
If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Section 8 or make its own insurance arrangements.
DHL’s liability is strictly limited to direct loss and damage to a Shipment only and to the per kilogram 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.
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 Insurance|
|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|
|14. Alternative Dispute Resolution|
14.1 In the event of a consumer dispute, defined in accordance with the provisions of Law No. 144/2015 of 8 September, the consumer may resort to the competent consumer alternative dispute resolution entity.
14.2 Without prejudice to the provisions of the legislation, statutes and regulations to which the consumer alternative dispute resolution entities are bound, the consumer alternative dispute resolution entity at the place of conclusion of the contract for the purchase or provision of the goods or services or as an alternative to the specialised alternative dispute resolution entity, if there is one.
14.3 If there is no alternative dispute resolution entity with jurisdiction at the place of conclusion of the contract or provision of the service, or if the existing entity(ies) is (are) not considered competent due to its value, the consumer may resort to the National Centre for Information and Arbitration of Consumer Conflicts, located in Lisbon, with the e-mail address: email@example.com and available at www.arbitragemdeconsumo.org. For further information you may also consult the Consumer Portal (www.consumidor.pt).
14.4 DHL has not joined any Alternative Dispute Resolution Entity and is not obliged to settle disputes in this way.