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Terms and Conditions
Terms and Conditions of Carriage
The terms and conditions below are the standard English terms and conditions of carriage. Local variations may exist and apply depending on the country of origin of the shipment. Please contact the nearest United Parcel Express local office to obtain a copy of the local terms and conditions.
SHORT FORM VERSION (01-04)
The Terms and Conditions below are a shortened version of our full Terms and Conditions.
1. DEFINITIONS
The following definitions apply to the terms and conditions set out below that govern this contract of carriage between you and us.
"we", "us" and "our" means subsidiaries, affiliates of United Parcel Express Holdings B.V. or United Parcel Express Express Holdings B.V. and their respective employees, agents and independent contractors;
"you" and "your" means the sender, consignor or consignee of the shipment, holder of this consignment note, receiver and owner of the contents of the shipment or any other party having a legal interest in those contents;
"carriage" means and includes the whole of the operations and services undertaken by us in connection with the shipment;
"shipment" means any envelope, document, package, parcel, satchel or piece of freight given to and accepted by us for carriage and transported under our consignment note.
“prohibited items” means any goods or materials the carriage of which is prohibited by any law, rule or regulation of any country in which the shipment travels
2. THE PARTY WITH WHOM YOU ARE CONTRACTING
Your contract is with the subsidiary or affiliate of United Parcel Express Holdings B.V. or United Parcel Express Express Holdings B.V. that accepts the shipment from you. You agree that we may subcontract the whole or any part of the carriage on any terms and conditions we decide.
3. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS
By giving us your shipment you accept our terms and conditions set out in this contract of carriage on behalf of yourself or anyone else who has an interest in the shipment irrespective of whether you have signed the front of our consignment note or not. Our terms and conditions also cover anyone we use to collect, transport or deliver your shipment. None of our employees, agents or subcontractors are authorised to waive, alter or modify these terms and conditions. When you give us the shipment with oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions.
4. DANGEROUS GOODS / SECURITY
4.1 Dangerous Goods
a) Except in the circumstances shown in paragraph 4.1 (b) below we do not carry dangerous goods including those specified in the International Civil Aviation Organisation (ICAO) technical instructions, the International Air Transport Association (IATA) dangerous goods regulations, the International Maritime Dangerous Goods (IMDG) code, the European Agreement concerning the international carriage of Dangerous goods by Road (ADR) regulations or any other national or international rules applicable to the transport of dangerous goods.
b) We may at our discretion accept some dangerous goods for carriage in some countries if you have been accorded the status of an approved customer and this must be given by us in writing before your shipment can be accepted. Your dangerous goods will only be accepted if they comply with the applicable regulations (see clause 4.1 a) and our requirements. Details of our requirements together with the procedure for applying for approved customer status are available from our nearest office and a dangerous goods surcharge will be invoiced to you upon acceptance of your shipment.
4.2 Air Cargo Security Regulations
a) You must ensure and you hereby certify by completing our consignment note or tendering a shipment to us that your shipment does not contain a prohibited article as specified in ICAO Annex 17 or other national or international regulations that govern aviation security. You must give us a full description of the contents of the shipment on our consignment note and your liability is not extinguished by providing this information. Shipments carried by us may be subject to security screening which could include the use of X-ray equipment and you accept that the contents of your shipment may be examined in transit for security reasons.
b) You declare that you have prepared the shipment in secure premises using reliable staff employed by you and that the shipment has been safeguarded against unauthorised interference during preparation, storage and transportation immediately prior to hand over by you to us.
4.3 Prohibited Items
We do not accept prohibited items.
8. INCORRECT ADDRESS AND P.O. BOX NUMBERS
If we are unable to deliver a shipment because of an incorrect address we will make all reasonable efforts to find the correct address. We will notify you of the correction and deliver or attempt to deliver the shipment to the correct address although additional charges may apply if the correct address is different to the one shown on the consignment note or the label affixed to your shipment. Deliveries to post office box numbers are only accepted if the telephone number of the consignee is also provided and you agree that in the event that we are unable to deliver the shipment at the first attempt then we may post the shipment to the consignee and proof of posting is sufficient proof of delivery.
11. EXTENT OF OUR LIABILITY
Subject to clause 12 below we limit our liability for any loss, damage or delay of your shipment or any part of it as follows:
a) Carriage by air
If the carriage of your shipment is solely or partly by air and involves an ultimate destination or a stop in a country other than the country of departure the Warsaw Convention 1929 (as amended by the Hague protocol 1955) or the Montreal Convention 1999 will be applicable. These international treaties govern and limit our liability for loss, damage or delay to your shipment to 17 special drawing rights per kilo (approximately US$ 20 per kilo although the rate of exchange is variable).
b) Carriage by road
If we carry your shipment solely by road within, to or from a country that is a party to the convention on the contract for the international carriage of goods by road 1956 (CMR) our liability for loss or damage to your shipment or the part affected is limited to 8.33 special drawing rights per kilo (approximately US$10 per kilo although the rate of exchange is variable). In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that shipment or the part which was delayed.
If none of the limits of liability of the above conventions apply for any reason including breach of contract, negligence, wilful act or default our liability to you for loss, damage, delay, misdelivery or non-delivery of your shipment or the part affected is limited to the actual cost incurred by you to acquire the shipment or the part affected with in every case an upper limit that does not exceed US$ 20 per kilo.
12. EXCLUSIONS
12.1 We are not liable for any consequential or special damages or loss (including loss of income, profits, markets, reputation, use of contents or loss of an opportunity) or other indirect loss arising from the loss, damage, delay, misdelivery or non-delivery of your shipment even if we had knowledge that such damages or loss might arise.
12.2 We are not liable if your shipment or any part of it is lost, damaged, delayed or mis-delivered or not delivered at all as a result of:
a) circumstances beyond our control such as (but not limited to):
- acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
- force majeure including war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions;
- national or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
- latent defects or inherent vice in the contents of the shipment.
b) your acts or omissions or those of third parties such as:
- you being in breach of (or any other party claiming an interest in the shipment causing you to breach) your obligations under these terms and conditions and in particular those warranties set out in Clause 10 in the long form version;
- an act or omission of any customs, airline, airport or government official.
c) The contents of the shipment consisting of any article that is a prohibited item even though we may have accepted the shipment by mistake.
12.3 We are not a common carrier and do not accept from you any liabilities of a common carrier. Under normal circumstances we do not accept shipments sent to and from residential addresses.
14. INCREASED LIMITS OF LIABILITY FOR INTERNATIONAL SHIPMENTS
14.1 An increased limit of liability (ITLL) can be purchased for international shipments by you from us for loss or damage to your shipment by completing the relevant box on the consignment note and paying the indicated charge.
14.2 On payment by you to us of our current charge for the increased limit of liability we will increase our limit of liability for loss or damage to your shipment to 45 Euros per kilogram for shipments of 10 kilograms and above and for loss or damage to shipments below 10 kilograms to 450 Euros per shipment. The maximum that we will pay you for the increased limits of liability that you purchase from us is 25,000 Euros per shipment.
14.3 Our increased limit of liability does not apply where:
a) our liability is excluded as set out in these terms and conditions.
b) you fail to elect to purchase the increase in our limit of liability.
c) you fail to pay us our charge for the increase in our limit of liability.
d) you have purchased from us insurance or have purchased from us a product where insurance is included
15. INSURANCE
You may purchase insurance from us for the full value of your parcel and freight shipment (non document shipment) by completing the relevant box on the consignment note and paying the indicated charge to cover you against all risks of loss and damage during carriage up to a maximum of 25,000 Euros per shipment. Insurance does not cover losses of a consequential nature (see clause 12.1 above) or delays in carriage or where the loss has arisen as a result of your breach of your obligations under these terms and conditions.
17. CLAIMS PROCEDURE
In the case of loss or damage resulting in a claim you must immediately notify the nearest of our offices to you, and in the event, all claims must be notified within 21 days. The full claim procedure is set out in the Long Form Version of these Terms and Conditions.
18. RATES AND PAYMENT
18.1 You agree to pay our charges for the carriage of the shipment between the locations specified on the consignment note and any value added taxes for the carriage within 7 days from the date of our invoice. Our carriage charges are calculated in accordance with the rates applicable to your shipment as set out in our current rate card. As a matter of course all import duties, value added taxes on goods and all other charges levied on the shipment in the destination country shall be payable to us by the receiver upon delivery of the shipment and if the receiver refuses to pay you agree to pay us these amounts in full within 7 days of us notifying you that the receiver has not paid.
20. LAW AND JURISDICTION
20.1 In the event that any term or condition is declared invalid or unenforceable such a determination shall not affect the other provisions of this contract of carriage all of which remain in force.
20.2 Disputes arising from this contract of carriage relating to the amount of monies owed to us by you shall be subject to the laws and the courts of the country in which the subsidiary or affiliate or branch of United Parcel Express Holdings B.V. or of United Parcel Express Express Holdings B.V. or the independent contractor that accepts your shipment for carriage is based. All other disputes arising from the contract of carriage shall be subject to the laws of The Netherlands and the Rotterdam District Court shall have exclusive jurisdiction except for shipments originating in the USA where the laws of New York State shall apply and the U.S. District Court for the Eastern District of New York shall have exclusive jurisdiction.
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