TERMS AND CONDITIONS

Terms and Conditions

TERMS AND CONDITIONS OF CARRIAGE (“Terms and Conditions”)

IMPORTANT NOTICE

When ordering DHL Same Day services you, as "Shipper", are agreeing, on your behalf and on behalf the consignee ('Consignee') of anyone else with an interest in the Shipment, that the 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 Same Day chooses, including air, road, or any other carrier. A 'waybill' shall include any Shipment identifier or document produced by DHL Same Day 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. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then Shipment Value Protection may be arranged at an additional cost. (Please see below for further information).

1. Customs, Exports and Imports

DHL Same Day 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 and taxes required under applicable laws and regulations, (2) act as Shipper's forwarding agent for customs and export control purposes and as Consignee solely for the purpose of designating a customs broker to perform customs clearance and entry, and (3) redirect a Shipment to Consignee's import broker or other addresses upon request by any person who DHL Same Day believes in its reasonable opinion to be authorized.

2. Unacceptable Shipments

Shipper, or anyone acting on its behalf, will not tender Shipment(s), which are or may become dangerous, hazardous, noxious (including radioactive materials), inflammable, explosive, or which do or may present a risk of damage to any property or person whatsoever or which require temperature, ventilation or any other kind of environmental control, unless Shipper, or someone acting on its behalf, gives DHL Same Day written notice of the nature of such Shipment prior to DHL Same Day's receipt of such Shipments and DHL Same Day expressly and specifically accepts in writing to deal with such Shipment. Shipper agrees that such Shipment is otherwise unacceptable for transportation.

Moreover, unless expressly and specifically accepted by DHL Same Day, Shipper agrees its Shipment is deemed unacceptable if:

  • it contains complete firearms, ammunition, explosives, explosive devices or test pieces, air guns, replica or imitation firearms; pornography; counterfeit goods; cash or currency; bearer form negotiable instruments; banderols/tax stickers;' bullion (of any precious metal); live animals, prohibited animal parts or remains, such as ivory; human remains or ashes; loose precious or semi-precious stones; cannabis or its derivatives; or illegal goods, such as narcotics or other illegal drugs;
  • it is classified as hazardous material, dangerous goods, prohibited or restricted articles under ADR (European Road Transport Regulation on dangerous goods) or by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), or any applicable government department or other relevant organization;
  • it contains any other item which DHL Same Day cannot carry safely or legally;
  • the address is incorrect or not properly marked or its packaging is defective or inadequate to ensure safe transportation with ordinary care in handling;
  • Shipper, Consignee or any other party with a direct or indirect interest in the Shipment is listed on any applicable sanctions lists as a denied or restricted party;
  • no customs declaration is made when required by applicable customs regulations.

3. Deliveries and Undeliverables

Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Consignee'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 Consignee personally. Shipments to addresses with a central receiving area will be delivered to that area. If the Shipment is deemed unacceptable or it has been undervalued for customs purposes, or Consignee cannot be reasonably identified or located, DHL Same Day shall use reasonably identified efforts to return the Shipment to the Shipper at Shipper's cost, failing which the Shipment may be released, disposed of or sold by DHL Same Day 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 the Shipper.

4. Inspection and Security Requirements

DHL has the right to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons.' Shipper is responsible for providing DHL Same Day with an accurate description of the Shipment. Shipper and DHL Same Day shall comply with all current local and federal requirements and directives, regulations, and policies with regard to transportation security. DHL Same Day is not liable for direct, indirect losses, damages or delays incurred through the action of such agencies. Shipper shall indemnify and hold DHL Same Day harmless for security related fines and penalties caused by Shipper's negligence or failure to comply with procedures. DHL Same Day reserves the right to modify its services and rates to impose security surcharges as a result of changes in security regulations.

5. Shipment Charges

DHL Same Day charges may be based on the higher of Customer designated weight or the actual or volumetric weight, where appropriate, regardless of the weight provided on the waybill or provided to DHL Same Day at the time of Shipment order. DHL Same Day shall use reasonable means to ascertain the actual or dimensional weight of the Shipment and any Shipment may be re-weighed and re-measured by DHL Same Day. Shipper shall pay or reimburse DHL Same Day for all Shipment charges, storage charges, duties and taxes owed for services provided by DHL Same Day or incurred by DHL Same Day on Shipper's or Consignee'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. Claims for overcharges, credits and invoice charges must be made in writing to DHL Same Day within one (1) year after the date of acceptance of the Shipment by DHL Same Day. The amount of the overcharge and/or credit claim may not be deducted from transportation charges. DHL Same Day invoices weekly; terms are fifteen (15) days from invoice date, except where otherwise noted for pre-payment due to special transportation, e.g. charter transportation. Customer agrees that disputed items do not constitute grounds for withholding payment on non-disputed items. Customer shall be responsible for payment to DHL Same Day of all costs and expenses (including attorney's fees) incurred by DHL Same Day in its efforts to collect from Customer any invoiced amounts that are not paid by Customer within fifteen (15) days of the invoice date.

6. DHL Same Day’s Liability

DHL Same Day's liability in respect of any one Shipment transported by air (including ancillary road transport or stops en route) is strictly limited by the Montr'al 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) 26 Special Drawing Rights per kilogram (approximately $US 35.00 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 Same Day'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).

In the absence of the applicability of these conventions or any mandatory applicable national law, DHL's liability in respect of any one Shipment shall be limited to the lesser of (a) $100.00 or (b) the actual value of the Shipment. The 'actual value' of a Shipment means the cost of replacing or reconstructing the Shipment and does not include any commercial utility or special value to the Shipper or any other person.

If a Shipment combines carriage by air, road or other modes of transportation, it shall be presumed that any loss or damage occurred during the air period unless proven otherwise.

If Shipper regards these limits as insufficient it must make a special declaration of value and request Shipment Value Protection as described in Section 8 or make its own insurance arrangements.

'DHL Same Day's liability is strictly limited to direct loss 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 Same Day's attention.

DHL will make every reasonable effort to deliver the Shipment according to DHL's regular delivery schedules, but these are not binding and do not form part of the contract. DHL is not liable for any damages or loss caused by delay.

7. Claims

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.

Customer shall submit written notice for all claims as follows: (i) for international airfreight, within fourteen (14) days of delivery or date when the Shipment should have been delivered; (ii) for ocean freight, within three (3) days of delivery; and (iii) for domestic road transportation, within thirty (30) days of delivery.

Customer shall submit all claims as follows: (i) for international airfreight, within sixty (60) days of the date of the airway bill; (ii) for ocean freight within sixty (60) days of delivery; and (iii) for U.S. domestic road transportation, within nine (9) months of delivery, or within the timeframes of applicable national standards in countries where the claim has occurred.

DHL Same Day shall accept, make a firm offer to compromise or deny each claim within 120 days from the date DHL Same Day receives all the information necessary to evaluate and process a claim. DHL Same Day shall pay Customer for settled claims for which DHL Same Day accepts responsibility within thirty (30) days after Customer signs a settlement and release agreement.

DHL Same Day shall retain its right to salvage value, which will reduce DHL Same Day's responsibility for its acceptance of liability for lost or damaged Shipments.

Customer must file lawsuits in connection with loss and damage to the Shipments as follows: (i) for international airfreight, within two (2) years of the date of the airway bill; (ii) for ocean freight, within one (1) year of delivery; and (iii) for domestic road transportation, within two (2) years from the date of a formal claim denial.

8. Shipment Value Protection

If the Shipment has an actual value greater than the liability limits listed in Section 6. DHL Same Day can arrange Shipment Value Protection covering the actual cash value, which may be less than the original purchase price, in respect to loss of or physical damage to the Shipment provided the Shipper marks the Shipment Value Protection section on the front of the waybill and requests it via DHL Same Day customer service and pays the applicable premium, Shipment Value Protection does not cover indirect loss or damage, or loss or damage caused by delays. If Shipper does not purchase Shipment Value Protection and pays the appropriate surcharge, Shipper assumes all risks of loss or damage over the amount of DHL Same Day's liability in Section 6.

9. Force Majeure

DHL is not liable for any loss or damage arising out of circumstances beyond DHL Same Day'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 Same Day; any act or omission by a person not employed or contracted by DHL Same Day - e.g. Shipper, Consignee, third party, customs or other government official; 'Force Majeure' - e.g. earthquake, cyclone, storm, flood, fire fog, war or national emergency, plane crash, embargo, riot, civil commotion, acts of terrorism, piracy, criminal acts, third party cyber-attacks or other information security-related threats, severe weather conditions, epidemic, pandemic, lock-outs, strikes and other industrial disputes (in each case whether or not referring to that Party's or subcontractors' workforce), shortage of labor, materials and services and inability or delay in obtaining supplies, or industrial action.

10. Shipper's Representations, Warranties and Indemnity

Shipper shall indemnify and hold DHL Same Day 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 unauthorized interference during preparation, storage, and any transportation to DHL Same Day;
  • The Shipment is properly marked and addressed and packed to ensure safe transportation with reasonable care in handling
  • Shipper has complied with all applicable customs, import, export, data protection laws sanctions, embargos and other laws and regulations;
  • The waybill has been signed by Shipper's authorized representative and the Terms and Conditions constitute binding and enforceable obligations of the Shipper;
  • the Shipment is acceptable for transport under Section 2 above;
  • Shipper has obtained all necessary consents in relation to personal data provided to DHL Same Day including Consignee's data as may be required for transport, customs clearance and delivery, such as e-mail address and mobile phone number.

11. Routing

Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places which DHL Same Day deems appropriate.

12. Governing Law

Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of DHL Same Day, 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.

13. Severability

The invalidity of unenforceability of any provision shall not affect any other part of these Terms and Conditions.

Further information is available on the DHL website (https://www.dhlsameday.com/) and the relevant country site or from local DHL Customer Service.