Terms and Conditions: Shipping By DHL Express
Our standard terms and conditions of carriage for express shipments.
These Terms and Conditions apply to DHL ECONOMY SELECT, DHL JETLINE, DHL SECURELINE and all Time Definite services, except DHL PRIORITY 10:00, DHL PRIORITY 12:00 and DHL SATURDAY. See Domestic Terms and Conditions.
IMPORTANT NOTICE
When ordering DHL's services you, as "Shipper", are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment, that the Terms and Conditions shall apply from the time that DHL accepts the Shipment unless otherwise agreed in writing by an authorised officer of DHL. Your statutory rights and entitlements under any defined service feature (for which additional payment has been made) are not affected.
"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 label produced by DHL automated systems, air waybill, or consignment note and shall incorporate these Terms and Conditions. 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 Worldwide Express Network.
IMPORTANT NOTICE
When ordering DHL's services you, as "Shipper", are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment, that the Terms and Conditions shall apply from the time that DHL accepts the Shipment unless otherwise agreed in writing by an authorised officer of DHL. Your statutory rights and entitlements under any defined service feature (for which additional payment has been made) are not affected.
"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 label produced by DHL automated systems, air waybill, or consignment note and shall incorporate these Terms and Conditions. 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 Worldwide Express Network.
DHL 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 or taxes required under applicable laws and regulations,
(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 import broker or other address upon request by any person who DHL believes in its reasonable opinion to be authorised.
(1) complete any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations,
(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 import broker or other address upon request by any person who DHL believes in its reasonable opinion to be authorised.
Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if:
- it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), any applicable government department or other relevant organisation;
- no customs declaration is made when required by applicable customs regulations; or
- DHL decides it cannot transport an item safely or legally (such items include but are not limited to: animals, bullion, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs).
Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver'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 Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. If Receiver refuses delivery or to pay for delivery, or the Shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, 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 by DHL 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 Shipper.
DHL's Shipment charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by DHL to confirm this calculation. Shipper shall pay or reimburse DHL for all Shipment charges, storage charges, duties and taxes owed for services provided by DHL or incurred by DHL on Shipper's or Receiver'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.
DHL contracts with Shipper on the basis that DHL's liability is strictly limited to direct loss only and to the per kilo/Ib 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 before or after acceptance of the Shipment since special risks can be insured by Shipper. If a Shipment combines carriage by air, road or other mode of transport, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise. DHL's liability in respect of any one Shipment transported, without prejudice to Sections 7-11, is limited to its actual cash value and shall not exceed the greater of $US 100 or:
- $US 20.00/kilogram or $US 9.07/lb for Shipments transported by air or other non-road mode of transportation; or
- $US 10.00/kilogram or $US 4.54/lb for Shipments transported by road (not applicable to the US).
DHL can arrange insurance for Shipper covering the actual cash value in respect of loss of or physical damage to the Shipment, provided the Shipper completes the insurance section on the front of the waybill or requests it via DHL's automated systems and pays the applicable premium. Shipment insurance 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:-"Act of God" - e.g. earthquake, cyclone, storm, flood, fog; "Force Majeure" - e.g. war, plane crash or embargo; any defect or characteristic related to the nature of the Shipment, even if known to DHL; riot or civil commotion; any act or omission by a person not employed or contracted by DHL e.g. Shipper, Receiver, third party, customs or other government official; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.
Shipper shall indemnify and hold DHL 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 unauthorised interference during preparation, storage and transportation to DHL;
- the Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling;
- all applicable customs, import, export and other laws and regulations have been complied with; and
- the waybill has been signed by Shipper's authorised representative and the Terms and Conditions constitute binding and enforceable obligations of Shipper.
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of DHL, 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.
* Not available for mail services
These Terms and Conditions do not apply to DHL EXPRESS 9:00, DHL EXPRESS 12:00, DHL DOMESTIC EXPRESS or DHL EXPRESS EASY domestic services. See International Terms and Conditions.
Parcelpoint Limited trading as DHL Domestic
TERMS AND CONDITIONS OF CARRIAGE FOR UK & NORTHERN IRELAND
IMPORTANT NOTICE
These Conditions between DHL Domestic and the Customer are for the domestic Carriage of Consignments and shall apply to the Customer from the time that DHL Domestic accepts a Consignment for Carriage unless otherwise agreed in writing by an authorised representative of DHL Domestic. The Customer’s statutory rights and entitlements hereunder are not affected. Every Consignment is carried on a limited liability basis as provided in paragraph 9. The Customer warrants that it is either the owner of the Consignment or that it is authorised by the owner to accept these Conditions on the owner’s behalf.
Parcelpoint Limited trading as DHL Domestic
TERMS AND CONDITIONS OF CARRIAGE FOR UK & NORTHERN IRELAND
IMPORTANT NOTICE
These Conditions between DHL Domestic and the Customer are for the domestic Carriage of Consignments and shall apply to the Customer from the time that DHL Domestic accepts a Consignment for Carriage unless otherwise agreed in writing by an authorised representative of DHL Domestic. The Customer’s statutory rights and entitlements hereunder are not affected. Every Consignment is carried on a limited liability basis as provided in paragraph 9. The Customer warrants that it is either the owner of the Consignment or that it is authorised by the owner to accept these Conditions on the owner’s behalf.
The following definitions apply to these Conditions:
“Carriage” means the collection, holding, transportation, delivery and other services undertaken with regard to a Consignment;
“Charges” means all charges payable by the Customer including but not limited to charges for the Carriage, surcharges (including but not limited to emergency, operational and fuel surcharges), storage charges, VAT, taxes, interest, fines, administration charges, duties, customs duties, levies, imposts, insurance premiums and any other amounts properly chargeable to the Customer in connection with the Carriage or imposed by regulatory bodies in relation to the Consignment(s), and any other amounts payable under these Conditions;
“Conditions” means these Terms and Conditions of Carriage for UK & Northern Ireland;
“Consignment" means all goods that travel under Consignment Notes (whether in one or a number of parcels) collected on the same day for delivery to a single address and any other goods accepted by DHL Domestic for Carriage;
"Consignment Note" means the document incorporating these Conditions specifying the number of parcels and the destinations and which may include any manifest or label produced by a DHL Domestic automated system or otherwise;
“Customer” means the party who contracts with DHL Domestic and who is responsible for the Charges;
"DHL Domestic" means Parcelpoint Limited trading as DHL Domestic (Company No. 06763295) whose registered office is at First Floor Skyways House, Speke Road, Speke, Liverpool, Merseyside L70 1AB;
“Equipment” means any special appliances to be provided by the Sender and/or Receiver, where required, for the loading or unloading of a Consignment;
“POD” means proof of delivery of a Consignment by signature in electronic or written form, or by electronic scan by DHL Domestic or by any other evidence such as a driver’s confirmation of delivery;
“Receiver” means the party specified on the Consignment Note to whom the Consignment is to be delivered; and
“Sender” means the party sending the Consignment.
“Carriage” means the collection, holding, transportation, delivery and other services undertaken with regard to a Consignment;
“Charges” means all charges payable by the Customer including but not limited to charges for the Carriage, surcharges (including but not limited to emergency, operational and fuel surcharges), storage charges, VAT, taxes, interest, fines, administration charges, duties, customs duties, levies, imposts, insurance premiums and any other amounts properly chargeable to the Customer in connection with the Carriage or imposed by regulatory bodies in relation to the Consignment(s), and any other amounts payable under these Conditions;
“Conditions” means these Terms and Conditions of Carriage for UK & Northern Ireland;
“Consignment" means all goods that travel under Consignment Notes (whether in one or a number of parcels) collected on the same day for delivery to a single address and any other goods accepted by DHL Domestic for Carriage;
"Consignment Note" means the document incorporating these Conditions specifying the number of parcels and the destinations and which may include any manifest or label produced by a DHL Domestic automated system or otherwise;
“Customer” means the party who contracts with DHL Domestic and who is responsible for the Charges;
"DHL Domestic" means Parcelpoint Limited trading as DHL Domestic (Company No. 06763295) whose registered office is at First Floor Skyways House, Speke Road, Speke, Liverpool, Merseyside L70 1AB;
“Equipment” means any special appliances to be provided by the Sender and/or Receiver, where required, for the loading or unloading of a Consignment;
“POD” means proof of delivery of a Consignment by signature in electronic or written form, or by electronic scan by DHL Domestic or by any other evidence such as a driver’s confirmation of delivery;
“Receiver” means the party specified on the Consignment Note to whom the Consignment is to be delivered; and
“Sender” means the party sending the Consignment.
2.1 Consignments are delivered to the delivery address but not necessarily to the named Receiver personally.
2.2 One attempt to deliver will be made by DHL Domestic. Thereafter DHL Domestic may request instructions from the Receiver following which re-delivery will be made by DHL Domestic dependent upon the service selected and subject to the associated Charges. It is the Customer’s responsibility to ensure that the appropriate service is selected at the time of dispatch of or booking the collection.
2.3 Where appropriate DHL Domestic may deliver Consignments to an address close to the delivery address where the Receiver is not available, at the Customer’s risk.
2.4 Consignments to addresses with a central receiving area will be delivered to that area.
2.5 The Consignment is deemed to have been delivered upon receipt of a POD. The POD shall be conclusive evidence of delivery, save where the POD is obtained as a result of any fraud, collusion or dishonesty on the part of DHL Domestic.
2.6 The data scanned by DHL Domestic shall prevail if there is a discrepancy between the data provided by the Sender or Customer, and the data scanned by DHL Domestic in connection with the Consignment.
2.7 DHL Domestic will make every reasonable effort to deliver Consignments according to DHL Domestic's regular delivery schedules but these are estimates only and are not guaranteed unless otherwise stated. DHL Domestic is not liable for any damages or loss caused by delays howsoever arising.
2.8 All route planning shall be at the sole discretion of DHL Domestic. The Customer acknowledges that Carriage over weekends, Bank Holidays and Public Holidays may impact on the expected delivery time.
2.9 Collections and deliveries which take more than fifteen minutes may be subject to a surcharge.
2.10 Where DHL Domestic has been requested to collect a Consignment and upon collection there is no Consignment to collect, then DHL Domestic may charge the Customer an aborted collection charge.
2.11 DHL Domestic may open and inspect a Consignment at any time for any reason but is under no obligation to do so.
2.12 DHL Domestic shall have no liability for any loss or damage occurring after delivery.
2.13 Couriers and booking agents are not responsible for the interpretation of these Conditions and DHL Domestic shall not be liable for any representation, guidance or interpretation of these Conditions.
2.14 DHL Domestic may at anytime at its sole and reasonable discretion refuse to carry any Consignment.
2.2 One attempt to deliver will be made by DHL Domestic. Thereafter DHL Domestic may request instructions from the Receiver following which re-delivery will be made by DHL Domestic dependent upon the service selected and subject to the associated Charges. It is the Customer’s responsibility to ensure that the appropriate service is selected at the time of dispatch of or booking the collection.
2.3 Where appropriate DHL Domestic may deliver Consignments to an address close to the delivery address where the Receiver is not available, at the Customer’s risk.
2.4 Consignments to addresses with a central receiving area will be delivered to that area.
2.5 The Consignment is deemed to have been delivered upon receipt of a POD. The POD shall be conclusive evidence of delivery, save where the POD is obtained as a result of any fraud, collusion or dishonesty on the part of DHL Domestic.
2.6 The data scanned by DHL Domestic shall prevail if there is a discrepancy between the data provided by the Sender or Customer, and the data scanned by DHL Domestic in connection with the Consignment.
2.7 DHL Domestic will make every reasonable effort to deliver Consignments according to DHL Domestic's regular delivery schedules but these are estimates only and are not guaranteed unless otherwise stated. DHL Domestic is not liable for any damages or loss caused by delays howsoever arising.
2.8 All route planning shall be at the sole discretion of DHL Domestic. The Customer acknowledges that Carriage over weekends, Bank Holidays and Public Holidays may impact on the expected delivery time.
2.9 Collections and deliveries which take more than fifteen minutes may be subject to a surcharge.
2.10 Where DHL Domestic has been requested to collect a Consignment and upon collection there is no Consignment to collect, then DHL Domestic may charge the Customer an aborted collection charge.
2.11 DHL Domestic may open and inspect a Consignment at any time for any reason but is under no obligation to do so.
2.12 DHL Domestic shall have no liability for any loss or damage occurring after delivery.
2.13 Couriers and booking agents are not responsible for the interpretation of these Conditions and DHL Domestic shall not be liable for any representation, guidance or interpretation of these Conditions.
2.14 DHL Domestic may at anytime at its sole and reasonable discretion refuse to carry any Consignment.
4.1 Consignments cannot be delivered to PO boxes.
4.2 If the Receiver refuses delivery or is unable to accept delivery or the Consignment is deemed to be unacceptable by the Receiver or the Receiver cannot reasonably be identified or located then DHL Domestic shall use reasonable efforts to return the Consignment to the Sender at the Customer’s cost, failing which DHL Domestic shall be entitled to dispose of or sell the Consignment without incurring any liability to the Customer or to any other party whatsoever. The Customer shall be responsible for all costs associated with the disposal or sale of the Consignment and DHL Domestic shall be entitled to deduct from the proceeds of the sale sufficient funds to meet these costs.
4.2 If the Receiver refuses delivery or is unable to accept delivery or the Consignment is deemed to be unacceptable by the Receiver or the Receiver cannot reasonably be identified or located then DHL Domestic shall use reasonable efforts to return the Consignment to the Sender at the Customer’s cost, failing which DHL Domestic shall be entitled to dispose of or sell the Consignment without incurring any liability to the Customer or to any other party whatsoever. The Customer shall be responsible for all costs associated with the disposal or sale of the Consignment and DHL Domestic shall be entitled to deduct from the proceeds of the sale sufficient funds to meet these costs.
5.1 When collection or delivery takes place at the Sender or the Receiver’s premises DHL Domestic shall not be under any obligation to provide any equipment, power or additional manpower required for such collection or delivery.
5.2 It is the Customer’s responsibility to ensure that where any Equipment is required, that such Equipment is available free of charge at the time of collection and/or delivery. Where such Equipment is not available and if DHL Domestic agrees to load or unload such Consignment (or part thereof), such loading or unloading shall be at the Customer’s risk and DHL Domestic shall have no liability whatsoever and shall be indemnified by the Customer for any damage howsoever arising in the course of or as a result of loading or unloading such Consignment without.
5.2 It is the Customer’s responsibility to ensure that where any Equipment is required, that such Equipment is available free of charge at the time of collection and/or delivery. Where such Equipment is not available and if DHL Domestic agrees to load or unload such Consignment (or part thereof), such loading or unloading shall be at the Customer’s risk and DHL Domestic shall have no liability whatsoever and shall be indemnified by the Customer for any damage howsoever arising in the course of or as a result of loading or unloading such Consignment without.
6.1 Unless otherwise agreed to by DHL Domestic, the following items will not be carried by DHL Domestic:
animals (including birds, fish, insects, larvae, pupae etc); animal products; antiques and art works; banderols/tax stickers; Bullion (or any precious metal); cash-like negotiable instruments in bearer form (this would include but not be limited to cash, bank notes, currency, vouchers, securities, pre-paid phone cards, activated SIM cards and unused stamps); complete firearms, firearm parts, ammunition, explosives, weapons or items that could be used as weapons (these include but are not limited to decorative swords, kitchen knives etc); costume jewellery over £250 in value; dangerous goods (these include but are not limited to lithium batteries, dry ice, biological substances, UN classified dangerous goods and any goods specified as such under IATA, ADR or IMDG regulations); designer clothing, apparel and accessories over £250 in value; flowers and plant products; furs and garments trimmed with fur; hazardous goods; human remains or ashes; illegal goods (these are goods which are considered illegal in the origin, the transit points and/or the destination countries and would include but not be limited to pirated goods, counterfeit goods and narcotics); imitation (replica) firearms, weapons, explosive devices or ammunition; irreplaceable/ unique items; ivory and other banned products; jewellery and objects constructed of precious metals and/or stones, loose precious stones (including industrial diamonds); legal drugs and pharmaceutical products; medical samples (includes bodily fluids and tissue samples); micro processors, electronic components, mobile telephones and accessories over £250 in value; negotiable instruments in bearer form (this includes but is not limited to blank cheques, blank activated credit cards / debit cards / charge cards or cash dispenser cards and event tickets.); non-hazardous liquids; perishable items that require a temperature controlled environment; personal data; pornography; tobacco; toy guns; and watches with an individual value over £250. This list of items may be amended by DHL Domestic from time to time as published on DHL Domestic’s website at www.dhldomestic.co.uk.
6.2 DHL Domestic may at its sole discretion refuse to carry other items not listed in paragraph 6.1.
animals (including birds, fish, insects, larvae, pupae etc); animal products; antiques and art works; banderols/tax stickers; Bullion (or any precious metal); cash-like negotiable instruments in bearer form (this would include but not be limited to cash, bank notes, currency, vouchers, securities, pre-paid phone cards, activated SIM cards and unused stamps); complete firearms, firearm parts, ammunition, explosives, weapons or items that could be used as weapons (these include but are not limited to decorative swords, kitchen knives etc); costume jewellery over £250 in value; dangerous goods (these include but are not limited to lithium batteries, dry ice, biological substances, UN classified dangerous goods and any goods specified as such under IATA, ADR or IMDG regulations); designer clothing, apparel and accessories over £250 in value; flowers and plant products; furs and garments trimmed with fur; hazardous goods; human remains or ashes; illegal goods (these are goods which are considered illegal in the origin, the transit points and/or the destination countries and would include but not be limited to pirated goods, counterfeit goods and narcotics); imitation (replica) firearms, weapons, explosive devices or ammunition; irreplaceable/ unique items; ivory and other banned products; jewellery and objects constructed of precious metals and/or stones, loose precious stones (including industrial diamonds); legal drugs and pharmaceutical products; medical samples (includes bodily fluids and tissue samples); micro processors, electronic components, mobile telephones and accessories over £250 in value; negotiable instruments in bearer form (this includes but is not limited to blank cheques, blank activated credit cards / debit cards / charge cards or cash dispenser cards and event tickets.); non-hazardous liquids; perishable items that require a temperature controlled environment; personal data; pornography; tobacco; toy guns; and watches with an individual value over £250. This list of items may be amended by DHL Domestic from time to time as published on DHL Domestic’s website at www.dhldomestic.co.uk.
6.2 DHL Domestic may at its sole discretion refuse to carry other items not listed in paragraph 6.1.
7.1 Notwithstanding the provisions of paragraph 9.4, the Customer shall warrant and undertake that:
7.1.1 all Consignments are appropriately and securely packaged for Carriage taking into account: (i) the content of the Consignment and ensuring that it does not cause damage or injury to equipment, personnel or otherwise; (ii) the rigours of an automated transportation process; and (iii) DHL Domestic’s packaging advice located at www.dhldomestic.co.uk. DHL Domestic shall be entitled to refuse to carry Consignments which are not suitably packaged. The Customer shall fully indemnify and hold DHL Domestic harmless for any costs, expenses, loss or damage howsoever arising out of its or any third party’s failure to comply with the provisions of this paragraph;
7.1.2 all Consignments are correctly labelled, and that all labels shall be securely fixed, clear, legible and placed on the largest flat surface of each parcel comprising the Consignment for easy visibility. If the Sender has failed to adequately label any parcel within the Consignment then DHL Domestic shall be entitled to refuse to carry the entire Consignment. DHL, its servants or agents shall not in any circumstances be liable for any late delivery, mis-delivery or non-delivery caused by or contributed to by the deficient or ambiguous labelling or any other failure by the Sender of its labelling obligations;
7.1.3 all data to be provided by it (including by electronic means) in relation to the ordering, labelling, Carriage or invoicing of the Consignment shall be accurate, complete, of the correct type, and be provided in a timely manner as required by DHL Domestic. Such data shall include but not be limited to the weight of the Consignment; an accurate description of the contents of the Consignment; a full and accurate name and address of the Receiver including the postcode, a mobile telephone number, email address and a day time landline telephone number. If the Customer has failed to provide all such necessary data, then DHL Domestic shall be entitled to refuse to carry the Consignment and/or may charge the Customer accordingly. The Customer shall fully indemnify and hold DHL Domestic harmless for any costs, expenses, loss or damage howsoever arising out of its or any third party’s failure to comply with the provisions of this paragraph;
7.1.4 it complies with all legal and statutory obligations and regulations regarding the Carriage of Consignments by road, sea and air;
7.1.5 it complies with paragraph 6 above and all legal and statutory obligations and regulations regarding the Carriage of the Consignment. The Customer shall fully indemnify and hold DHL Domestic harmless for any costs, expenses, loss or damage howsoever arising in circumstances where: (i) the Customer or a third party submits items for Carriage which fall within paragraph 6.1; or (ii) the Customer or any third party fails to comply with any applicable laws or regulations (including but not limited to any health and safety obligations);
7.1.6 prior to Carriage, any important documents (including passports and other original documents) are copied; any electronic data is backed-up; and all personal data and confidential information is encrypted. The Customer shall fully indemnify and hold DHL Domestic harmless for any costs, expenses, loss or damage incurred by DHL Domestic as a result of such breach howsoever arising;
7.1.7 shall keep confidential and not disclose any information relating to these Conditions including services provided under them and shall not make any press release or other public announcement about DHL Domestic or any matter relating to these Conditions without DHL Domestic’s prior written consent; and
7.1.8 it shall notify DHL Domestic in writing and request DHL Domestic’s prior approval for the carriage of any Consignment with a value in excess of £30,000.
7.2 In the event of a breach of any of the obligations in paragraph 7.1 above which causes loss of or damage to the Consignment, or delay or mis-delivery or non-delivery, then DHL Domestic’s liability as specified in paragraph 9 will be excluded.
7.3 Subject to paragraph 9.4 below, if the Receiver, Sender or any other party makes any claims for liabilities or damages or makes any attempt to recover any costs or expenses (“Claim”) against DHL Domestic, its agents or sub-contractors, then the Customer shall indemnify DHL Domestic, its agents and sub-contractors against any such Claim where DHL Domestic has already paid the Customer the limits set out in paragraph 9 and/or where DHL Domestic’s liability to the Sender or Receiver or any other party exceeds the limits set out in paragraph 9.
7.1.1 all Consignments are appropriately and securely packaged for Carriage taking into account: (i) the content of the Consignment and ensuring that it does not cause damage or injury to equipment, personnel or otherwise; (ii) the rigours of an automated transportation process; and (iii) DHL Domestic’s packaging advice located at www.dhldomestic.co.uk. DHL Domestic shall be entitled to refuse to carry Consignments which are not suitably packaged. The Customer shall fully indemnify and hold DHL Domestic harmless for any costs, expenses, loss or damage howsoever arising out of its or any third party’s failure to comply with the provisions of this paragraph;
7.1.2 all Consignments are correctly labelled, and that all labels shall be securely fixed, clear, legible and placed on the largest flat surface of each parcel comprising the Consignment for easy visibility. If the Sender has failed to adequately label any parcel within the Consignment then DHL Domestic shall be entitled to refuse to carry the entire Consignment. DHL, its servants or agents shall not in any circumstances be liable for any late delivery, mis-delivery or non-delivery caused by or contributed to by the deficient or ambiguous labelling or any other failure by the Sender of its labelling obligations;
7.1.3 all data to be provided by it (including by electronic means) in relation to the ordering, labelling, Carriage or invoicing of the Consignment shall be accurate, complete, of the correct type, and be provided in a timely manner as required by DHL Domestic. Such data shall include but not be limited to the weight of the Consignment; an accurate description of the contents of the Consignment; a full and accurate name and address of the Receiver including the postcode, a mobile telephone number, email address and a day time landline telephone number. If the Customer has failed to provide all such necessary data, then DHL Domestic shall be entitled to refuse to carry the Consignment and/or may charge the Customer accordingly. The Customer shall fully indemnify and hold DHL Domestic harmless for any costs, expenses, loss or damage howsoever arising out of its or any third party’s failure to comply with the provisions of this paragraph;
7.1.4 it complies with all legal and statutory obligations and regulations regarding the Carriage of Consignments by road, sea and air;
7.1.5 it complies with paragraph 6 above and all legal and statutory obligations and regulations regarding the Carriage of the Consignment. The Customer shall fully indemnify and hold DHL Domestic harmless for any costs, expenses, loss or damage howsoever arising in circumstances where: (i) the Customer or a third party submits items for Carriage which fall within paragraph 6.1; or (ii) the Customer or any third party fails to comply with any applicable laws or regulations (including but not limited to any health and safety obligations);
7.1.6 prior to Carriage, any important documents (including passports and other original documents) are copied; any electronic data is backed-up; and all personal data and confidential information is encrypted. The Customer shall fully indemnify and hold DHL Domestic harmless for any costs, expenses, loss or damage incurred by DHL Domestic as a result of such breach howsoever arising;
7.1.7 shall keep confidential and not disclose any information relating to these Conditions including services provided under them and shall not make any press release or other public announcement about DHL Domestic or any matter relating to these Conditions without DHL Domestic’s prior written consent; and
7.1.8 it shall notify DHL Domestic in writing and request DHL Domestic’s prior approval for the carriage of any Consignment with a value in excess of £30,000.
7.2 In the event of a breach of any of the obligations in paragraph 7.1 above which causes loss of or damage to the Consignment, or delay or mis-delivery or non-delivery, then DHL Domestic’s liability as specified in paragraph 9 will be excluded.
7.3 Subject to paragraph 9.4 below, if the Receiver, Sender or any other party makes any claims for liabilities or damages or makes any attempt to recover any costs or expenses (“Claim”) against DHL Domestic, its agents or sub-contractors, then the Customer shall indemnify DHL Domestic, its agents and sub-contractors against any such Claim where DHL Domestic has already paid the Customer the limits set out in paragraph 9 and/or where DHL Domestic’s liability to the Sender or Receiver or any other party exceeds the limits set out in paragraph 9.
8.1 The Customer shall pay or reimburse DHL Domestic for all Charges without any deduction.
8.2 Where the Customer has an account with DHL Domestic, payment shall be made within 30 days of the date of the invoice, otherwise all Charges are payable in advance of Carriage.
8.3 All Charges are exclusive of VAT and such Charges may be subject to variation by DHL Domestic from time to time.
8.4 DHL Domestic reserves the right to make surcharges to recover costs associated with national or international or industry-wide situations, including but not limited to fuel price increases, increases in Government or any other authority's fiscal or statutory charges payable by DHL Domestic and variations in vehicle excise duty.
8.5 The Charges are based on the number, size and weight of the Consignments or parcels and on the volume, collection and distribution profile as indicated by the Customer. Should the volume, distribution profile or expenditure vary then DHL Domestic shall have the right to implement a reasonable adjustment of the applicable Charges.
8.2 Where the Customer has an account with DHL Domestic, payment shall be made within 30 days of the date of the invoice, otherwise all Charges are payable in advance of Carriage.
8.3 All Charges are exclusive of VAT and such Charges may be subject to variation by DHL Domestic from time to time.
8.4 DHL Domestic reserves the right to make surcharges to recover costs associated with national or international or industry-wide situations, including but not limited to fuel price increases, increases in Government or any other authority's fiscal or statutory charges payable by DHL Domestic and variations in vehicle excise duty.
8.5 The Charges are based on the number, size and weight of the Consignments or parcels and on the volume, collection and distribution profile as indicated by the Customer. Should the volume, distribution profile or expenditure vary then DHL Domestic shall have the right to implement a reasonable adjustment of the applicable Charges.
9.1 Subject to paragraphs 9.3 to 9.6 and 10 below, DHL Domestic's liability arising from any negligent act, omission or breach resulting in loss of or damage to a Consignment shall not exceed the cost price of the Consignment or part thereof and shall be limited as follows:
9.1.1 in the event of loss of or damage to the whole of a Consignment or mis-delivery or non-delivery of the Consignment, DHL Domestic’s liability shall not exceed the greater of (i) £100 in respect of services other than the pre-10am service (where the liability is capped at £500); and (ii) where the Consignment is over 50 kilograms in weight a rate of £2 per kilogram; and
9.1.2 in the event of loss of or damage to part of a Consignment, DHL Domestic’s liability shall be calculated pro-rata in accordance with condition 9.1.1 above.
9.2 Subject to paragraphs 9.3 to 9.6 and 10 below, in the event of any other Claim made under these Conditions other than in respect of delay, loss or damage to a Consignment or mis-delivery or non-delivery of the Consignment, DHL Domestic’s maximum liability under these Conditions shall be limited to £50 per Consignment.
9.3 DHL Domestic shall have no liability whatsoever unless the Customer commences legal proceedings within 12 months from the date the Consignment was collected for Carriage.
9.4 Neither party shall in any circumstances howsoever arising be liable to the other or to any third party for (i) consequential loss or damage; (ii) indirect loss or damage; (iii) incidental loss or damage; (iv) economic loss of any nature; (v) loss of income; (vi) loss of profits whether direct or indirect; (vii) loss of interest; (viii) loss of future business; (ix) loss of goodwill and (x) loss of sales or turnover.
9.5 Nothing in these Conditions shall restrict or exclude liability of the Customer or DHL Domestic for (i) death or personal injury caused by that party’s negligence; (ii) any fraudulent act, fraudulent omission or fraudulent misrepresentation by that party or its officers, employees, sub-contractors, agents or representatives; and (iii) any other liability that cannot be limited or excluded by law.
9.6 The Warsaw and Montreal Conventions may apply to the Carriage and may further limit the liability of DHL Domestic.
10.1 The Customer shall comply with the claims procedure as published on DHL Domestic's website at www.dhldomestic.co.uk, as amended from time to time.
10.2 DHL Domestic shall be entitled to require proof of the cost price and if applicable the weight of the whole or any part of the Consignment.
10.3 All claims bought under paragraph 9.2 and all claims for loss of a Consignment or for late delivery in respect of the pre-10am service only, must be made by the Customer in writing within 28 days of the date of despatch.
10.4 All claims for damage to a Consignment or partial loss of Consignment must be made by the Customer in writing within 14 days of the date of delivery.
10.5 Should the Customer fail to comply with the time limits specified in paragraphs 9.3, 10.3 or 10.4, then DHL Domestic shall have no liability whatsoever.
10.2 DHL Domestic shall be entitled to require proof of the cost price and if applicable the weight of the whole or any part of the Consignment.
10.3 All claims bought under paragraph 9.2 and all claims for loss of a Consignment or for late delivery in respect of the pre-10am service only, must be made by the Customer in writing within 28 days of the date of despatch.
10.4 All claims for damage to a Consignment or partial loss of Consignment must be made by the Customer in writing within 14 days of the date of delivery.
10.5 Should the Customer fail to comply with the time limits specified in paragraphs 9.3, 10.3 or 10.4, then DHL Domestic shall have no liability whatsoever.
11.1 Where available and where requested by the Customer, DHL Domestic may arrange insurance for the loss of or physical damage from an external cause to the Consignment only. The Customer shall be responsible for the payment of the premium.
11.2 It is the Customer’s responsibility to either seek insurance coverage through DHL Domestic (where available) or make its own insurance arrangements in such sums and against such risks as it deems appropriate if the Customer is not satisfied with the level of DHL Domestic’s liability under these Conditions.
11.3 Subject to paragraph 7.1.8, the Customer’s notification shall not be deemed to be a declaration of interest for insurance purposes. Where such approval for carriage has been granted by DHL Domestic, DHL Domestic shall not be deemed to have insured the Consignment unless the Customer has paid the associated insurance premiums. DHL Domestic’s liability shall always be limited as set out in paragraph 9.
11.4 The Customer hereby waives all rights of subrogation which might otherwise exist under the insurance policies possessed by the Customer with coverage for Consignments in Carriage, for any claim or action in excess of the liability limits in these Conditions.
11.2 It is the Customer’s responsibility to either seek insurance coverage through DHL Domestic (where available) or make its own insurance arrangements in such sums and against such risks as it deems appropriate if the Customer is not satisfied with the level of DHL Domestic’s liability under these Conditions.
11.3 Subject to paragraph 7.1.8, the Customer’s notification shall not be deemed to be a declaration of interest for insurance purposes. Where such approval for carriage has been granted by DHL Domestic, DHL Domestic shall not be deemed to have insured the Consignment unless the Customer has paid the associated insurance premiums. DHL Domestic’s liability shall always be limited as set out in paragraph 9.
11.4 The Customer hereby waives all rights of subrogation which might otherwise exist under the insurance policies possessed by the Customer with coverage for Consignments in Carriage, for any claim or action in excess of the liability limits in these Conditions.
12.1 DHL Domestic is not liable for any loss, damage, failure to perform, or delay in performing any of its duties due to circumstances beyond its reasonable control, including but not limited to: flood; fire; "Act of God"; strike, lock-out or other labour dispute; threat and/or act of terrorism; malicious damage; riot or civil commotion; accident; adverse traffic conditions; mechanical breakdown; war or any other military action; earthquake; severe weather conditions; pandemic; plane crash; embargo; compliance with any law or governmental order, rule, regulation or direction not in force on the date of collection of the Consignment; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.
13.1 DHL Domestic shall be entitled to assign, transfer or sub-contract the Carriage or any part thereof to its affiliates or to any third party sub-contractor. DHL Domestic shall remain liable to the Customer to the extent set out in these Conditions for the performance of any sub-contractor. The Customer shall not be entitled to assign or transfer its rights or obligations under these Conditions without the prior written approval of DHL Domestic.
13.2 Any sub-contractor or agent of DHL Domestic shall be entitled to rely on and enforce any of the provisions of these Conditions as if it were a party hereto in the place of DHL Domestic.
13.2 Any sub-contractor or agent of DHL Domestic shall be entitled to rely on and enforce any of the provisions of these Conditions as if it were a party hereto in the place of DHL Domestic.
14.1 All personal data provided to DHL Domestic under these Conditions will be held and processed by DHL Domestic its servants, agents and where applicable carefully selected third party companies and shall be used fairly, in confidence and solely for the purposes of providing the services. DHL Domestic shall keep such personal data secure and shall comply with the Data Protection Act 1998.
14.2 The Customer warrants that all personal data provided to DHL has been fairly and lawfully obtained and the Customer has authority to disclose such personal data to DHL Domestic and for DHL Domestic to lawfully process it. The Customer shall fully indemnify and holds harmless DHL Domestic for any costs, expenses, losses or damage howsoever arising out of its failure to comply with this warranty.
14.2 The Customer warrants that all personal data provided to DHL has been fairly and lawfully obtained and the Customer has authority to disclose such personal data to DHL Domestic and for DHL Domestic to lawfully process it. The Customer shall fully indemnify and holds harmless DHL Domestic for any costs, expenses, losses or damage howsoever arising out of its failure to comply with this warranty.
16.1 No variation of these Conditions shall be valid unless it is in writing and signed by an authorised representative of each party.
16.2 The waiver or failure of either party to exercise any rights under these Conditions shall not be deemed to be a waiver or failure to exercise any other right under these Conditions.
16.2 The waiver or failure of either party to exercise any rights under these Conditions shall not be deemed to be a waiver or failure to exercise any other right under these Conditions.
18.1 DHL Domestic shall have a specific and general lien on any Consignment and associated documentation during Carriage for all Charges due. DHL Domestic shall be entitled to sell or dispose of the Consignment and associated documentation at the expense of the Customer after having given the Customer 14 days’ notice of such disposal and to apply any proceeds towards payment of any overdue Charges. DHL Domestic shall account to the Customer for any amounts exceeding the overdue Charges and associated expenses and shall then be discharged from any liability with regard to the Consignment and associated documentation.
19.1 Subject to the compulsory application of any relevant legislation or international convention, these Conditions, the claims procedures and the Consignment Note shall constitute the entire agreement between the parties and shall supersede the provisions of any previous contract, warranty, representation or misrepresentation made or given relating to the Carriage of Consignments.
These Terms and Conditions apply to DHL SPRINTLINE. For DHL JETLINE and DHL SECURELINE, please refer to the International Terms and Conditions.
DHL Pony Express Limited trading as DHL Sameday
TERMS AND CONDITIONS OF CARRIAGE FOR UK & NORTHERN IRELAND
IMPORTANT NOTICE
These Conditions between DHL and the Customer are for the domestic Carriage of Consignments and shall apply to the Customer from the time that DHL accepts a Consignment for Carriage unless otherwise agreed in writing by an authorised representative of DHL. The Customer’s statutory rights and entitlements hereunder are not affected. Every Consignment is carried on a limited liability basis as provided in paragraph 9. The Customer warrants that it is either the owner of the Consignment or that it is authorised by the owner to accept these Conditions on the owner’s behalf.
DHL Pony Express Limited trading as DHL Sameday
TERMS AND CONDITIONS OF CARRIAGE FOR UK & NORTHERN IRELAND
IMPORTANT NOTICE
These Conditions between DHL and the Customer are for the domestic Carriage of Consignments and shall apply to the Customer from the time that DHL accepts a Consignment for Carriage unless otherwise agreed in writing by an authorised representative of DHL. The Customer’s statutory rights and entitlements hereunder are not affected. Every Consignment is carried on a limited liability basis as provided in paragraph 9. The Customer warrants that it is either the owner of the Consignment or that it is authorised by the owner to accept these Conditions on the owner’s behalf.
The following definitions apply to these Conditions:
“Carriage” means the collection, holding, transportation, delivery and other services undertaken with regard to a Consignment;
“Charges” means all charges payable by the Customer including but not limited to charges for the Carriage, surcharges (including but not limited to emergency, operational and fuel surcharges), storage charges, VAT, taxes, interest, fines, administration charges, duties, customs duties, levies, imposts, insurance premiums and any other amounts properly chargeable to the Customer in connection with the Carriage or imposed by regulatory bodies in relation to the Consignment(s), and any other amounts payable under these Conditions;
“Conditions” means these DHL Pony Express Limited Terms and Conditions of Carriage for UK & Northern Ireland;
“Consignment" means all goods that travel under Consignment Notes (whether in one or a number of parcels) collected on the same day for delivery to a nominated address(s) and any other goods accepted by DHL for Carriage;
"Consignment Note" means the document (whether in paper or electronic form) incorporating these Conditions specifying the number of parcels and the destinations and which may include any manifest or label produced by a DHL automated system or otherwise;
“Customer” means the party who contracts with DHL and who is responsible for the Charges;
"DHL" means DHL Pony Express Limited (Company No. 01177441) whose registered office is at Orbital Park, 178-188 Great South West Road, Hounslow, Middlesex TW4 6JS;
“Equipment” means any special appliances to be provided by the Sender and/or Receiver, where required, for the loading or unloading of a Consignment;
“POD” means proof of delivery of a Consignment by signature in electronic or written form, or by electronic scan by DHL or by any other evidence such as a driver’s confirmation of delivery;
“Receiver” means the party specified on the Consignment Note to whom the Consignment is to be delivered; and
“Sender” means the party sending the Consignment.
“Carriage” means the collection, holding, transportation, delivery and other services undertaken with regard to a Consignment;
“Charges” means all charges payable by the Customer including but not limited to charges for the Carriage, surcharges (including but not limited to emergency, operational and fuel surcharges), storage charges, VAT, taxes, interest, fines, administration charges, duties, customs duties, levies, imposts, insurance premiums and any other amounts properly chargeable to the Customer in connection with the Carriage or imposed by regulatory bodies in relation to the Consignment(s), and any other amounts payable under these Conditions;
“Conditions” means these DHL Pony Express Limited Terms and Conditions of Carriage for UK & Northern Ireland;
“Consignment" means all goods that travel under Consignment Notes (whether in one or a number of parcels) collected on the same day for delivery to a nominated address(s) and any other goods accepted by DHL for Carriage;
"Consignment Note" means the document (whether in paper or electronic form) incorporating these Conditions specifying the number of parcels and the destinations and which may include any manifest or label produced by a DHL automated system or otherwise;
“Customer” means the party who contracts with DHL and who is responsible for the Charges;
"DHL" means DHL Pony Express Limited (Company No. 01177441) whose registered office is at Orbital Park, 178-188 Great South West Road, Hounslow, Middlesex TW4 6JS;
“Equipment” means any special appliances to be provided by the Sender and/or Receiver, where required, for the loading or unloading of a Consignment;
“POD” means proof of delivery of a Consignment by signature in electronic or written form, or by electronic scan by DHL or by any other evidence such as a driver’s confirmation of delivery;
“Receiver” means the party specified on the Consignment Note to whom the Consignment is to be delivered; and
“Sender” means the party sending the Consignment.
2.1 Consignments are delivered to the delivery address but not necessarily to the named Receiver personally.
2.2 One attempt to deliver will be made by DHL. Thereafter DHL may request instructions from the Sender following which re-delivery will be made by DHL dependent upon the service selected and subject to the associated Charges. It is the Customer’s responsibility to ensure that the appropriate service is selected at the time of dispatch of or booking the collection.
2.3 Consignments to addresses with a central receiving area will be delivered to that area.
2.4 The Consignment is deemed to have been delivered upon receipt of a POD. The POD shall be conclusive evidence of delivery, save where the POD is obtained as a result of any fraud, collusion or dishonesty on the part of DHL.
2.5 The data scanned by DHL shall prevail if there is a discrepancy between the data provided by the Sender or Customer, and the data scanned by DHL in connection with the Consignment.
2.6 DHL will make every reasonable effort to deliver Consignments according to DHL's regular delivery schedules but these are estimates only and are not guaranteed unless otherwise stated. DHL is not liable for any damages or loss caused by delays howsoever arising.
2.7 All route planning shall be at the sole discretion of DHL. The Customer acknowledges that Carriage over weekends, Bank Holidays and Public Holidays may impact on the expected delivery time.
2.8 Collections and deliveries which take more than fifteen minutes may be subject to a surcharge.
2.9 Where DHL has been requested to collect a Consignment and upon collection there is no Consignment to collect, then DHL may charge the Customer an aborted collection charge.
2.10 DHL may open and inspect a Consignment at any time for any reason but is under no obligation to do so.
2.11 DHL shall have no liability for any loss or damage occurring after delivery.
2.12 Couriers and booking agents are not responsible for the interpretation of these Conditions and DHL shall not be liable for any representation, guidance or interpretation of these Conditions.
2.13 DHL may at anytime at its sole and reasonable discretion refuse to carry any Consignment.
2.2 One attempt to deliver will be made by DHL. Thereafter DHL may request instructions from the Sender following which re-delivery will be made by DHL dependent upon the service selected and subject to the associated Charges. It is the Customer’s responsibility to ensure that the appropriate service is selected at the time of dispatch of or booking the collection.
2.3 Consignments to addresses with a central receiving area will be delivered to that area.
2.4 The Consignment is deemed to have been delivered upon receipt of a POD. The POD shall be conclusive evidence of delivery, save where the POD is obtained as a result of any fraud, collusion or dishonesty on the part of DHL.
2.5 The data scanned by DHL shall prevail if there is a discrepancy between the data provided by the Sender or Customer, and the data scanned by DHL in connection with the Consignment.
2.6 DHL will make every reasonable effort to deliver Consignments according to DHL's regular delivery schedules but these are estimates only and are not guaranteed unless otherwise stated. DHL is not liable for any damages or loss caused by delays howsoever arising.
2.7 All route planning shall be at the sole discretion of DHL. The Customer acknowledges that Carriage over weekends, Bank Holidays and Public Holidays may impact on the expected delivery time.
2.8 Collections and deliveries which take more than fifteen minutes may be subject to a surcharge.
2.9 Where DHL has been requested to collect a Consignment and upon collection there is no Consignment to collect, then DHL may charge the Customer an aborted collection charge.
2.10 DHL may open and inspect a Consignment at any time for any reason but is under no obligation to do so.
2.11 DHL shall have no liability for any loss or damage occurring after delivery.
2.12 Couriers and booking agents are not responsible for the interpretation of these Conditions and DHL shall not be liable for any representation, guidance or interpretation of these Conditions.
2.13 DHL may at anytime at its sole and reasonable discretion refuse to carry any Consignment.
4.1 Consignments cannot be delivered to PO boxes.
4.2 If the Receiver refuses delivery or is unable to accept delivery or the Consignment is deemed to be unacceptable by the Receiver or the Receiver cannot reasonably be identified or located then DHL shall use reasonable efforts to return the Consignment to the Sender at the Customer’s cost, failing which DHL shall be entitled to dispose of or sell the Consignment without incurring any liability to the Customer or to any other party whatsoever. The Customer shall be responsible for all costs associated with the disposal or sale of the Consignment and DHL shall be entitled to deduct from the proceeds of the sale sufficient funds to meet these costs.
4.2 If the Receiver refuses delivery or is unable to accept delivery or the Consignment is deemed to be unacceptable by the Receiver or the Receiver cannot reasonably be identified or located then DHL shall use reasonable efforts to return the Consignment to the Sender at the Customer’s cost, failing which DHL shall be entitled to dispose of or sell the Consignment without incurring any liability to the Customer or to any other party whatsoever. The Customer shall be responsible for all costs associated with the disposal or sale of the Consignment and DHL shall be entitled to deduct from the proceeds of the sale sufficient funds to meet these costs.
5.1 When collection or delivery takes place at the Sender or the Receiver’s premises, DHL shall not be under any obligation to provide any equipment, power or additional manpower required for such collection or delivery.
5.2 It is the Customer’s responsibility to ensure that where any Equipment is required, that such Equipment is available free of charge at the time of collection and/or delivery. Where such Equipment is not available and if DHL agrees to load or unload such Consignment (or part thereof), such loading or unloading shall be at the Customer’s risk and DHL shall have no liability whatsoever and shall be indemnified by the Customer for any damage howsoever arising in the course of or as a result of loading or unloading such Consignment without the Equipment.
5.2 It is the Customer’s responsibility to ensure that where any Equipment is required, that such Equipment is available free of charge at the time of collection and/or delivery. Where such Equipment is not available and if DHL agrees to load or unload such Consignment (or part thereof), such loading or unloading shall be at the Customer’s risk and DHL shall have no liability whatsoever and shall be indemnified by the Customer for any damage howsoever arising in the course of or as a result of loading or unloading such Consignment without the Equipment.
6.1 Unless otherwise agreed to by DHL, the following items will not be carried by DHL: animals (including birds, fish, insects, larvae, pupae etc); animal products (including but not limited to ivory, fur and garments trimmed with fur); antiques and art works; bullion; cash (including bank notes and currency); cash like negotiable instruments in bearer form (including but not limited to bank notes, currency and vouchers, ); complete firearms, firearm parts, ammunition, explosives, weapons; dangerous / hazardous goods including but not limited to perfumes, aftershaves, aerosols, flammable substances, loose lithium batteries, dry ice, biological substances, UN classified dangerous goods and any goods specified as such under International Air Transport Association regulations (“IATA”), the Agreement on Dangerous Goods by Road (“ADR”) or International Maritime Dangerous Goods (“IMDG”) regulations; designer clothing, apparel and accessories over £250 in value; electronic items - In total no more than 2 electronic items per package i.e. desktop computers, MP3 players or any other electronic components. The entire package may not contain more than 2 lithium batteries which must be contained within the electronic items. The package must not exceed £1,000 in total value; flowers and plant products; human remains or ashes; illegal goods (these are goods which are considered illegal in the origin, the transit points and/or the destination countries and would include but not be limited to pirated goods, counterfeit goods and narcotics); imitation (replica) firearms, toy guns, weapons, explosive devices or ammunition; jewellery over £1,000 in value; laptop computers - no more than 1 laptop computer per package. The entire package may not contain more than 1 lithium battery which must be contained within the laptop. The package must not exceed £1,000 in total value; loose lithium batteries; medical samples (including but not limited to bodily fluids and tissue samples); mobile telephones - no more than 2 mobile telephones together with accessories. The entire package may not contain more than 2 lithium batteries which must be contained within the mobile telephones. The package must not exceed £500 in total value; personal data – packages containing unencrypted personal data in electronic format; non-hazardous liquids; perishable items that require a temperature controlled environment; pornography; prescription drugs and pharmaceutical products; tax stickers / banderols; tobacco; and watches with an individual value over £1,000. This list of items may be amended by DHL from time to time as published on DHL’s website at www.dhl.co.uk.
6.2 DHL may at its sole discretion refuse to carry other items not listed in paragraph 6.1.
6.2 DHL may at its sole discretion refuse to carry other items not listed in paragraph 6.1.
7.1 Notwithstanding the provisions of paragraph 9.4, the Customer shall warrant and undertake that:
7.1.1 all Consignments are appropriately and securely packaged for Carriage taking into account: (i) the content of the Consignment and ensuring that it does not cause damage or injury to equipment, personnel or otherwise; (ii) the rigours of an automated transportation process; and (iii) DHL’s packaging advice located at www.dhl.co.uk. DHL shall be entitled to refuse to carry Consignments which are not suitably packaged. The Customer shall fully indemnify and hold DHL harmless for any costs, expenses, loss or damage howsoever arising out of its or any third party’s failure to comply with the provisions of this paragraph;
7.1.2 all Consignments are correctly labelled, and that all labels shall be securely fixed, clear, legible and placed on the largest flat surface of each parcel comprising the Consignment for easy visibility. If the Sender has failed to adequately label any parcel within the Consignment then DHL shall be entitled to refuse to carry the entire Consignment. DHL, its servants or agents shall not in any circumstances be liable for any late delivery, mis-delivery or non-delivery caused by or contributed to by the deficient or ambiguous labelling or any other failure by the Sender of its labelling obligations;
7.1.3 all data to be provided by it (including by electronic means) in relation to the ordering, labelling, Carriage or invoicing of the Consignment shall be accurate, complete, of the correct type, and be provided in a timely manner as required by DHL. Such data shall include but not be limited to the weight of the Consignment; an accurate description of the contents of the Consignment; a full and accurate name and address of the Receiver including the postcode, a mobile telephone number, email address and a day time landline telephone number. If the Customer has failed to provide all such necessary data, then DHL shall be entitled to refuse to carry the Consignment and/or may charge the Customer accordingly. The Customer shall fully indemnify and hold DHL harmless for any costs, expenses, loss or damage howsoever arising out of its or any third party’s failure to comply with the provisions of this paragraph;
7.1.4 it complies with all legal and statutory obligations and regulations regarding the Carriage of Consignments by road, sea and air;
7.1.5 it complies with paragraph 6 above and all legal and statutory obligations and regulations regarding the Carriage of the Consignment. The Customer shall fully indemnify and hold DHL harmless for any costs, expenses, loss or damage howsoever arising in circumstances where: (i) the Customer or a third party submits items for Carriage which fall within paragraph 6.1; or (ii) the Customer or any third party fails to comply with any applicable laws or regulations (including but not limited to any health and safety obligations);
7.1.6 prior to Carriage, any important documents (including passports and other original documents) are copied; any electronic data is backed-up; and all personal data and confidential information is encrypted. The Customer shall fully indemnify and hold DHL harmless for any costs, expenses, loss or damage incurred by DHL as a result of such breach howsoever arising;
7.1.7 shall keep confidential and not disclose any information relating to these Conditions including services provided under them and shall not make any press release or other public announcement about DHL or any matter relating to these Conditions without DHL’s prior written consent; and
7.1.8 it shall notify DHL in writing and request DHL’s prior approval for the Carriage of any Consignment with a value in excess of £30,000.
7.2 In the event of a breach of any of the obligations in paragraph 7.1 above which causes loss of or damage to the Consignment, or delay or mis-delivery or non-delivery, then DHL’s liability as specified in paragraph 9 will be excluded.
7.3 Subject to paragraph 9.4 below, if the Receiver, Sender or any other party makes any claims for liabilities or damages or makes any attempt to recover any costs or expenses (“Claim”) against DHL, its agents or sub-contractors, then the Customer shall indemnify DHL, its agents and sub-contractors against any such Claim where DHL has already paid the Customer the limits set out in paragraph 9 and/or where DHL’s liability to the Sender or Receiver or any other party exceeds the limits set out in paragraph 9.
7.1.1 all Consignments are appropriately and securely packaged for Carriage taking into account: (i) the content of the Consignment and ensuring that it does not cause damage or injury to equipment, personnel or otherwise; (ii) the rigours of an automated transportation process; and (iii) DHL’s packaging advice located at www.dhl.co.uk. DHL shall be entitled to refuse to carry Consignments which are not suitably packaged. The Customer shall fully indemnify and hold DHL harmless for any costs, expenses, loss or damage howsoever arising out of its or any third party’s failure to comply with the provisions of this paragraph;
7.1.2 all Consignments are correctly labelled, and that all labels shall be securely fixed, clear, legible and placed on the largest flat surface of each parcel comprising the Consignment for easy visibility. If the Sender has failed to adequately label any parcel within the Consignment then DHL shall be entitled to refuse to carry the entire Consignment. DHL, its servants or agents shall not in any circumstances be liable for any late delivery, mis-delivery or non-delivery caused by or contributed to by the deficient or ambiguous labelling or any other failure by the Sender of its labelling obligations;
7.1.3 all data to be provided by it (including by electronic means) in relation to the ordering, labelling, Carriage or invoicing of the Consignment shall be accurate, complete, of the correct type, and be provided in a timely manner as required by DHL. Such data shall include but not be limited to the weight of the Consignment; an accurate description of the contents of the Consignment; a full and accurate name and address of the Receiver including the postcode, a mobile telephone number, email address and a day time landline telephone number. If the Customer has failed to provide all such necessary data, then DHL shall be entitled to refuse to carry the Consignment and/or may charge the Customer accordingly. The Customer shall fully indemnify and hold DHL harmless for any costs, expenses, loss or damage howsoever arising out of its or any third party’s failure to comply with the provisions of this paragraph;
7.1.4 it complies with all legal and statutory obligations and regulations regarding the Carriage of Consignments by road, sea and air;
7.1.5 it complies with paragraph 6 above and all legal and statutory obligations and regulations regarding the Carriage of the Consignment. The Customer shall fully indemnify and hold DHL harmless for any costs, expenses, loss or damage howsoever arising in circumstances where: (i) the Customer or a third party submits items for Carriage which fall within paragraph 6.1; or (ii) the Customer or any third party fails to comply with any applicable laws or regulations (including but not limited to any health and safety obligations);
7.1.6 prior to Carriage, any important documents (including passports and other original documents) are copied; any electronic data is backed-up; and all personal data and confidential information is encrypted. The Customer shall fully indemnify and hold DHL harmless for any costs, expenses, loss or damage incurred by DHL as a result of such breach howsoever arising;
7.1.7 shall keep confidential and not disclose any information relating to these Conditions including services provided under them and shall not make any press release or other public announcement about DHL or any matter relating to these Conditions without DHL’s prior written consent; and
7.1.8 it shall notify DHL in writing and request DHL’s prior approval for the Carriage of any Consignment with a value in excess of £30,000.
7.2 In the event of a breach of any of the obligations in paragraph 7.1 above which causes loss of or damage to the Consignment, or delay or mis-delivery or non-delivery, then DHL’s liability as specified in paragraph 9 will be excluded.
7.3 Subject to paragraph 9.4 below, if the Receiver, Sender or any other party makes any claims for liabilities or damages or makes any attempt to recover any costs or expenses (“Claim”) against DHL, its agents or sub-contractors, then the Customer shall indemnify DHL, its agents and sub-contractors against any such Claim where DHL has already paid the Customer the limits set out in paragraph 9 and/or where DHL’s liability to the Sender or Receiver or any other party exceeds the limits set out in paragraph 9.
8.1 The Customer shall pay or reimburse DHL for all Charges without any deduction.
8.2 Where the Customer has an account with DHL, payment shall be made within 30 days of the date of the invoice otherwise all Charges are payable in advance of Carriage.
8.3 All Charges are exclusive of VAT and such Charges may be subject to variation by DHL from time to time.
8.4 DHL reserves the right to make surcharges to recover costs associated with national or international or industry-wide situations, including but not limited to fuel price increases, increases in Government or any other authority's fiscal or statutory charges payable by DHL and variations in vehicle excise duty.
8.5 The Charges are based on the distance of journey and/or the number, size and weight of the Consignments or parcels and on the volume, collection and distribution profile as indicated by the Customer. Should the volume, distribution profile or expenditure vary then DHL shall have the right to implement a reasonable adjustment of the applicable Charges.
8.2 Where the Customer has an account with DHL, payment shall be made within 30 days of the date of the invoice otherwise all Charges are payable in advance of Carriage.
8.3 All Charges are exclusive of VAT and such Charges may be subject to variation by DHL from time to time.
8.4 DHL reserves the right to make surcharges to recover costs associated with national or international or industry-wide situations, including but not limited to fuel price increases, increases in Government or any other authority's fiscal or statutory charges payable by DHL and variations in vehicle excise duty.
8.5 The Charges are based on the distance of journey and/or the number, size and weight of the Consignments or parcels and on the volume, collection and distribution profile as indicated by the Customer. Should the volume, distribution profile or expenditure vary then DHL shall have the right to implement a reasonable adjustment of the applicable Charges.
9.1 Subject to paragraphs 9.3 to 9.6 and 10 below, DHL's liability arising from any negligent act, omission or breach resulting in loss of or damage to a Consignment shall not exceed the cost price of the Consignment or part thereof and shall be limited as follows:
9.1.1 in the event of loss of or damage to the whole of a Consignment or mis-delivery or non-delivery of the Consignment, DHL’s liability shall not exceed the greater of (i) £100 in respect of services other than the domestic pre-10am service (where the liability is capped at £500); and (ii) where the Consignment is over 50 kilograms in weight a rate of £2 per kilogram; and
9.1.2 in the event of loss of or damage to part of a Consignment, DHL’s liability shall be calculated pro-rata in accordance with condition 9.1.1 above.
9.2 Subject to paragraphs 9.3 to 9.6 and 10 below, in the event of any other Claim made under these Conditions other than in respect of delay, loss or damage to a Consignment or mis-delivery or non-delivery of the Consignment, DHL’s maximum liability under these Conditions shall be limited to £50 per Consignment.
9.3 DHL shall have no liability whatsoever unless the Customer commences legal proceedings within 12 months from the date the Consignment was collected for Carriage.
9.4 Neither party shall in any circumstances howsoever arising be liable to the other or to any third party for (i) consequential loss or damage; (ii) indirect loss or damage; (iii) incidental loss or damage; (iv) economic loss of any nature; (v) loss of income; (vi) loss of profits whether direct or indirect; (vii) loss of interest; (viii) loss of future business; (ix) loss of goodwill and (x) loss of sales or turnover.
9.5 Nothing in these Conditions shall restrict or exclude liability of the Customer or DHL for (i) death or personal injury caused by that party’s negligence; (ii) any fraudulent act, fraudulent omission or fraudulent misrepresentation by that party or its officers, employees, sub-contractors, agents or representatives; and (iii) any other liability that cannot be limited or excluded by law.
9.6 The Warsaw and Montreal Conventions may apply to the Carriage and may further limit the liability of DHL.
10.1 The Customer shall comply with the claims procedure as published on DHL's website at www.dhl.co.uk, as amended from time to time.
10.2 DHL shall be entitled to require proof of the cost price and if applicable the weight of the whole or any part of the Consignment.
10.3 All claims bought under paragraph 9.2 and all claims for loss of a Consignment or for late delivery in respect of the pre-10am service only, must be made by the Customer in writing within 28 days of the date of despatch.
10.4 All claims for damage to a Consignment or partial loss of Consignment must be made by the Customer in writing within 14 days of the date of delivery.
10.5 Should the Customer fail to comply with the time limits specified in paragraphs 9.3, 10.3 or 10.4, then DHL shall have no liability whatsoever.
10.2 DHL shall be entitled to require proof of the cost price and if applicable the weight of the whole or any part of the Consignment.
10.3 All claims bought under paragraph 9.2 and all claims for loss of a Consignment or for late delivery in respect of the pre-10am service only, must be made by the Customer in writing within 28 days of the date of despatch.
10.4 All claims for damage to a Consignment or partial loss of Consignment must be made by the Customer in writing within 14 days of the date of delivery.
10.5 Should the Customer fail to comply with the time limits specified in paragraphs 9.3, 10.3 or 10.4, then DHL shall have no liability whatsoever.
11.1 Where available and where requested by the Customer, DHL may arrange insurance for the loss of or physical damage from an external cause to the Consignment only. The Customer shall be responsible for the payment of the premium.
11.2 It is the Customer’s responsibility to either seek insurance coverage through DHL (where available) or make its own insurance arrangements in such sums and against such risks as it deems appropriate if the Customer is not satisfied with the level of DHL’s liability under these Conditions.
11.3 Subject to paragraph 7.1.8, the Customer’s notification shall not be deemed to be a declaration of interest for insurance purposes. Where such approval for Carriage has been granted by DHL, DHL shall not be deemed to have insured the Consignment unless the Customer has paid the associated insurance premiums. DHL’s liability shall always be limited as set out in paragraph 9.
11.4 The Customer hereby waives all rights of subrogation which might otherwise exist under the insurance policies possessed by the Customer with coverage for Consignments in Carriage, for any claim or action in excess of the liability limits in these Conditions.
11.2 It is the Customer’s responsibility to either seek insurance coverage through DHL (where available) or make its own insurance arrangements in such sums and against such risks as it deems appropriate if the Customer is not satisfied with the level of DHL’s liability under these Conditions.
11.3 Subject to paragraph 7.1.8, the Customer’s notification shall not be deemed to be a declaration of interest for insurance purposes. Where such approval for Carriage has been granted by DHL, DHL shall not be deemed to have insured the Consignment unless the Customer has paid the associated insurance premiums. DHL’s liability shall always be limited as set out in paragraph 9.
11.4 The Customer hereby waives all rights of subrogation which might otherwise exist under the insurance policies possessed by the Customer with coverage for Consignments in Carriage, for any claim or action in excess of the liability limits in these Conditions.
12.1 DHL is not liable for any loss, damage, failure to perform, or delay in performing any of its duties due to circumstances beyond its reasonable control, including but not limited to: flood; fire; "Act of God"; strike, lock-out or other labour dispute; threat and/or act of terrorism; malicious damage; riot or civil commotion; accident; adverse traffic conditions; mechanical breakdown; war or any other military action; earthquake; severe weather conditions; pandemic; plane crash; embargo; compliance with any law or governmental order, rule, regulation or direction not in force on the date of collection of the Consignment; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.
13.1 DHL shall be entitled to assign, transfer or sub-contract the Carriage or any part thereof to its affiliates or to any third party sub-contractor. DHL shall remain liable to the Customer to the extent set out in these Conditions for the performance of any sub-contractor. The Customer shall not be entitled to assign or transfer its rights or obligations under these Conditions without the prior written approval of DHL.
13.2 Any sub-contractor or agent of DHL shall be entitled to rely on and enforce any of the provisions of these Conditions as if it were a party hereto in the place of DHL.
13.2 Any sub-contractor or agent of DHL shall be entitled to rely on and enforce any of the provisions of these Conditions as if it were a party hereto in the place of DHL.
14.1 All personal data provided to DHL under these Conditions will be held and processed by DHL its servants, agents and where applicable carefully selected third party companies and shall be used fairly, in confidence and solely for the purposes of providing the services. DHL shall keep such personal data secure and shall comply with the Data Protection Act 1998.
14.2 The Customer warrants that all personal data provided to DHL has been fairly and lawfully obtained and the Customer has authority to disclose such personal data to DHL and for DHL to lawfully process it. The Customer shall fully indemnify and holds harmless DHL for any costs, expenses, losses or damage howsoever arising out of its failure to comply with this warranty.
14.2 The Customer warrants that all personal data provided to DHL has been fairly and lawfully obtained and the Customer has authority to disclose such personal data to DHL and for DHL to lawfully process it. The Customer shall fully indemnify and holds harmless DHL for any costs, expenses, losses or damage howsoever arising out of its failure to comply with this warranty.
16.1 No variation of these Conditions shall be valid unless it is in writing and signed by an authorised representative of each party.
16.2 The waiver or failure of either party to exercise any rights under these Conditions shall not be deemed to be a waiver or failure to exercise any other right under these Conditions.
16.2 The waiver or failure of either party to exercise any rights under these Conditions shall not be deemed to be a waiver or failure to exercise any other right under these Conditions.
18.1 DHL shall have a specific and general lien on any Consignment and associated documentation during Carriage for all Charges due. DHL shall be entitled to sell or dispose of the Consignment and associated documentation at the expense of the Customer after having given the Customer 14 days’ notice of such disposal and to apply any proceeds towards payment of any overdue Charges. DHL shall account to the Customer for any amounts exceeding the overdue Charges and associated expenses and shall then be discharged from any liability with regard to the Consignment and associated documentation.
19.1 Subject to the compulsory application of any relevant legislation or international convention, these Conditions, the claims procedures and the Consignment Note shall constitute the entire agreement between the parties and shall supersede the provisions of any previous contract, warranty, representation or misrepresentation made or given relating to the Carriage of Consignments.
