FEDERAL EXPRESS CONDITIONS OF CARRIAGE
FOR EUROPE, THE MIDDLE EAST, THE INDIAN SUBCONTINENT AND AFRICA
IMPORTANT NOTICE
These Conditions of Carriage EXCLUDE
LIABILITY on the part of FedEx and its employees or agents for loss, damage and
delay in certain circumstances; LIMIT LIABILITY to stated amounts where
liability is accepted and REQUIRE NOTICE OF CLAIMS within strict time limits.
Senders should note these Conditions carefully and where necessary obtain
insurance cover in order to protect their interests.
In Germany and Austria
FedEx offers its services solely on the basis of the General German/Austrian
Forwarding Conditions ("ADSp/AÖSp") in their respective applicable edition,
excluding Sections 39-41 AÖSp.
Shipments are subject
to local tariffs and the conditions of the FedEx subsidiary, branch or the
independent contractor which accepted the Shipment.
1. APPLICATION
1.1 These Conditions
apply to the carriage of Shipments from and between selected international
countries in Europe, the Middle East, the Indian Subcontinent and Africa,
utilising the following services of FedEx (if and where available): FedEx
International Next Flight, FedEx International First, FedEx International
Priority, FedEx International Priority Freight, FedEx International Priority
Plus, FedEx International Broker Select, FedEx International Priority Direct
Distribution, FedEx International Economy, FedEx International Economy Freight
and FedEx International Mail Service. These services may be modified by FedEx
from time to time. Upon request, customers can be informed about the areas
that are served by FedEx.
1.2 The carriage by air
of a Shipment may be subject to the Warsaw Convention of October 12, 1929, as
amended by the Hague Protocol of September 28, 1955 and all subsequent
applicable Protocols, as well as the Guadalajara Convention of September 18,
1961. Shipments transported partly or solely by road - by explicit agreement
or otherwise - in, to or from a country which is party to the Convention on
the Contract for the International Carriage of Goods by Road, as amended, are
subject to the terms and conditions thereof.
1.3 These Conditions
supersede all previous published terms and conditions of FedEx service to which
these Conditions apply. FedEx reserves the right to unilaterally modify,
amend, change or supplement these Conditions without notice. These Conditions
are published in printed form and electronically at www.fedex.com. The electronic version at www.fedex.com is controlling. These
Conditions supplement and detail the general terms and conditions on the back
of the Air Waybill. In case of conflict between these Conditions and the
terms and conditions on any FedEx Air Waybill, manifest, shipping label or
other transit documentation, these Conditions control to the extent that they
do not conflict with the rules relating to liability for international carriage
by the Warsaw Convention, other applicable treaties or any applicable tariff.
1.4 These Conditions
(which term includes those agreements and conventions expressly referred to
herein) represent the entire agreement between the parties and, subject to
Section 1.3., shall prevail over, exclude and supersede any other terms or
conditions, oral or written, wheresoever appearing or made and, in particular,
any terms or conditions sought to be incorporated by the Sender or any other
written or oral statements concerning these Conditions. The Sender confirms
that it does not rely upon or claim any other terms, warranties, conditions or
representations relating to the use of the services under this Agreement.
1.5
These Conditions shall not
be overridden or varied or added to except by express agreement in writing
between the Sender and a representative of FedEx having the express written
authority to do so.
1.6
The Sender will be bound by
the signature of any of its employees, servants and agents on the Air Waybill.
2. DEFINITIONS
"Conditions"
shall mean these Conditions of Carriage which term shall also include those
agreements and conventions expressly referred to herein and as updated by FedEx
from time to time.
"FedEx" means,
Federal Express Corporation, its subsidiaries and branches, their respective
employees and agents and independent contractors. If the Shipment originates
outside the U.S., the contract of carriage is with the FedEx subsidiary, branch
or independent contractor which accepts the Shipment from the Sender.
"The Sender"
or "The Shipper" means the person [natural or legal] whose name is
listed on the Air Waybill as the sender.
"The Recipient"
or "The Consignee" means the person whose name is listed on
the Air Waybill as the recipient
"Package"
means any single parcel or piece that is accepted by FedEx, including any such
items tendered by the Sender utilizing FedEx automated systems, meters,
manifests or Air Waybills.
"Shipment"
means one or more pieces, either Packages or freight, moving on a single Air
Waybill.
"Air Waybill"
means any shipping document, manifest, label, stamp, electronic entry or
similar item used in the FedEx transportation system.
"Transportation
Charges" means the fees, charges and amounts assessed or levied for
movement of a Shipment by FedEx in accordance with these Conditions or any
conditions or fees subsequently imposed, but not including other fees or
charges which may be assessed, such as (but not limited to) declared value
charges, special handling fees, customs duties and taxes and surcharges.
"Business Day"
means any day on which businesses in the country of shipment or in the country
of destination are open for business. Business days and holidays may vary by
country of destination. Customers should contact FedEx for delivery
commitments which may be affected.
"Charges" means
Transportation Charges and any other charges or surcharges assessed for or
levied in respect of transportation of a Shipment pursuant to these Conditions,
including but not limited to Ancillary Charges, declared value charges, special
handling fees and other surcharges detailed in these Conditions or any updated
Conditions and customs duties and taxes and other costs reasonably incurred by
FedEx relating to transport of a Shipment.
"Declared Value for
Carriage" means that value, if any, indicated by the Sender on the Air
Waybill, constituting the maximum amount FedEx liability in connection with the
Shipment of the package. The Declared Value for Carriage cannot exceed the
Declared Value for Customs.
"Declared Value for Customs" means the selling price
or replacement cost of the Shipment's contents as required for customs
clearance purposes.
"Delivery (Commitment) Time" means the published
delivery commitment for the FedEx service for that Shipment, taking into
account the commodity being shipped, date of shipment, destination, weight of
the Shipment and value of the Shipment.
"FedEx Account Number" or "FedEx Account"
means the number issued by FedEx to a customer ensuring account activity is
summarized by the FedEx system and the payer is billed appropriately. For "Bill
Sender", "Bill Recipient" or "Bill Third Party" transactions (see below),
Packages will not be accepted unless a valid FedEx Account Number is entered on
the Air Waybill. FedEx Account numbers are non-transferable. Misuse, including
unauthorized consolidation of Shipments owned by different parties, may result
in a loss of all discounts and denial of service. The customer to whom a FedEx
Account is issued is liable for all Charges to the account, including those
resulting from unauthorized use. The account holder is responsible for the
safekeeping of the account number. The account number should be disclosed only
to persons authorized to ship on the account. Failure to keep the FedEx Account
current, may result in the account being placed on a "cash only" status.
Placement of an account on "cash only" status may result in packages being
delayed, rejected or returned until arrangements for payment are completed.
3. RATES
Rates and service
quotations by employees and agents of FedEx will be based upon information
provided by the Sender but final rates and service may vary based upon the
Shipment actually tendered and the application of these Conditions. FedEx is
not liable for, nor will any adjustment, refund or credit of any kind be made,
as a result of any discrepancy in any rate or service quotation made prior to
the tender of the Shipment and the rates, and other Charges invoiced to the
customer. FEDEX DOES NOT PROVIDE QUOTATIONS OR ESTIMATES OF CUSTOMS DUTIES OR
TAXES.
Rates applied shall be
those rates applicable and in force at the time that the order is made.
4. BILLING
4.1 Notwithstanding
that FedEx reserves the right to require payment of any Charge in advance as
provided for in accordance with the Conditions, Invoices for any unpaid Charges
are payable without discount within 15 days of the invoice date. Invoices for
duties and taxes are payable upon receipt. Any amount unpaid at due date shall
be increased, as of right and without prior notice of remedy, by 15 %, as
liquidated damages for administrative costs, and shall bear a yearly interest
of 6 % above the European Central Bank Rate, to be calculated per commenced
month or the maximum allowed interest rate under the applicable legislation, if
lower.
4.2 "Bill
Sender" or "Bill Shipper" means Charges will be billed to the
Sender.
4.3 "Bill
Recipient" or "Bill Consignee" means Charges will be billed to
the Recipient. To bill Charges to the Recipient, the Recipient must have a
valid FedEx Account Number and this number must be entered in the appropriate
section of the Air Waybill. Bill Recipient Shipments are acceptable for
carriage to specified locations only. If the Recipient refuses to pay, the
Charges will automatically be billed to the Sender.
4.4 "Bill Third
Party" means Charges will be billed to someone other than the Sender or
Recipient. The third party's valid FedEx Account Number must be entered in the
appropriate section of the Air Waybill. If not so entered, or if the third party
does not make payment, the Charges will automatically be billed to the Sender
and duties and taxes to the Recipient.
4.5
Duties and taxes may be
assessed on the contents of Shipments. FedEx is not required to make advance
payment of duties and taxes and may require the Sender, Recipient or liable
third party to pay FedEx prior to FedEx discharging any liability for duties
and taxes. The Recipient will be charged for such duties and taxes unless the
"Bill Sender Duties and Taxes" or "Bill Third Party Duties and
Taxes" box is marked on the Air Waybill and a valid FedEx Account Number
is indicated on the Air Waybill. Such options are available for specified
locations only. Further details on the locations are available upon request.
4.6 REGARDLESS OF ANY PAYMENT
INSTRUCTIONS OR PROVISIONS TO THE CONTRARY, THE SENDER SHALL ALWAYS REMAIN
ULTIMATELY LIABLE FOR THE CHARGES INCLUDING ANY DUTIES AND TAXES.
4.7 Charges requiring conversion from a currency other than the
currency in which the Payer is billed, will be calculated daily using the
median bid price obtained from OANDA, an Internet exchange-rate service. The
median bid price is the average price at which buyers offer to buy currencies
from sellers during the given period. These currency conversion rates can be
accessed at www.oanda.com. The currencies of participating European Union
countries will have statutory conversion rates to the EURO. There is an
additional exchange fee of 1.75%for conversion from any non-U.S. currency to
USD, 2.3% for USD to any currency and 2.0% between all non-U.S. currency
conversions. There is no exchange fee between currencies related to the EURO.
Charges in currencies other than the U.S. dollars that are not freely
convertible will be converted to U.S. dollars and billed to Payer's account,
either at the free market rate or at the official rate at which FedEx was
permitted to purchase U.S. dollars in the relevant currency, at our sole
option. The rate corresponding to the ship date will be used for conversions
to non-hyperinflationary currencies. However, we reserve the right to use the
exchange rate at invoice date, as opposed to shipment date, in countries where
the currency is volatile.
5. INVOICE ADJUSTMENTS / DIMENSIONAL WEIGHT
5.1 FedEx may audit
each Air Waybill to verify service selected and Package/Shipment weight. If
the service selected or weight entered is incorrect, FedEx may make appropriate
corrections to the Air Waybill and appropriate adjustments to the invoice at
any time and will be entitled to charge a special handling fee for having to
make such corrections and amendments.
5.2 When
Air Waybills are produced by the Sender through any automated shipping device,
any omission or incorrect entry on the Air Waybill concerning the weight or
number of Packages will result in a billing based on FedEx's estimate of the
number of Packages transported and either the dimensional weight at the time of
billing or a standard default weight per Package estimate, as determined by
FedEx and which will be available upon request.
5.3 Charges may be
assessed based on the International Air Transport Association (IATA) volumetric
standard or dimensional weight. Under current IATA standards, dimensional
weight, is determined by multiplying a Package's length x height x width (all
in centimetres) and dividing the total by 6000. If the result exceeds the
actual weight, additional Charges may be assessed based on the dimensional
weight. The rates of such additional Charges are available upon request and may
be amended, without notice, by FedEx.
6. REFUSAL
OR REJECTION OF SHIPMENTS
FedEx reserves the
right to refuse, hold, cancel, postpone or return any Shipment at any time if
such Shipment would in the opinion of Fedex be likely to cause damage or delay
to other Shipments, goods or persons, or the carriage of which is prohibited by
law or is in violation of any of these Conditions. The fact that FedEx accepts
a Shipment does not mean that such Shipment conforms to applicable laws and
regulations or to the present Conditions.
7. RESTRICTIONS
7.1 Package size and
weight restrictions vary by country. Details are available upon request.
7.2 There is no limit
on the aggregate weight of a multiple piece Shipment provided each individual
Package within the Shipment does not exceed the per Package weight limit
specified for the destination country. Shipments exceeding 225 kilo require
advance arrangement with FedEx. Details are available upon request.
7.3 FedEx Envelope and
FedEx Pak Shipments must be tendered in the appropriate FedEx packaging.
7.4 No more than one
type of service may be indicated on a single Air Waybill and no more than one
FedEx Envelope may be shipped on a single Air Waybill.
7.5
The Sender is allowed to
ship up to ten different commodities on a single Air Waybill.
7.6
The Shipper is allowed to
ship up to 999 Packages on a single Air Waybill.
8. ITEMS
UNACCEPTABLE FOR CARRIAGE
8.1 The following items
are not acceptable for carriage to any international destination:
1)
MONEY (coins except
collectible, cash, stamps, and negotiable instruments equivalent to cash such
as endorsed stocks, bonds and cash letters);
2)
EXPLOSIVES, FIREWORKS AND
OTHER ITEMS OF AN INCENDIARY OR FLAMMABLE NATURE;
3)
HUMAN CORPSES, ORGANS OR
BODY PARTS, HUMAN AND ANIMAL EMBRYOS, CREMATED OR DISINTERRED HUMAN REMAINS,
EXCEPTED BLOOD, URINE AND OTHER LIQUID DIAGNOSTIC SPECIMENS AS REFERRED TO IN
SECTION 9.4.;
4)
SHIPMENTS TO APO / FPO
ADDRESSES;
5)
CASH ON DELIVERY SHIPMENTS;
6)
FIREARMS, WEAPONRY,
AMMUNITION AND THEIR PARTS;
7)
FOODSTUFFS, PERISHABLE FOOD
ARTICLES AND BEVERAGES REQUIRING REFRIGERATION OR OTHER ENVIRONMENTAL CONTROL;
8)
PLANTS AND PLANT MATERIAL,
INCLUDING SEEDS AND CUT FLOWERS (CUT FLOWERS ARE ACCEPTABLE TO CERTAIN
DESTINATIONS, INFORMATION AVAILABLE UPON REQUEST);
9)
LOTTERY TICKETS, GAMBLING DEVICES;
10) PERISHABLES (OTHER THAN UNDER (7));
11) PERSONAL ITEMS WHERE THE IMPORTER IS CLAIMING
DUTY-FREE ENTRY;
12) PORNOGRAPHY;
13) SHIPMENTS BEING PROCESSED UNDER :
a)
CARNETS (allow temporary
import for display, etc. without duties) unless advance arrangements are made.
b)
DRAWBACK CLAIMS (requests
for refunds of import duties at time of export) unless advance arrangements are
made.
c)
TEMPORARY IMPORT BONDS
(allow temporary import for repair, etc.) unless advance arrangements are made.
d)
Letters of Credit;
14) HAZARDOUS WASTE, INCLUDING, BUT NOT LIMITED TO,
USED HYPODERMIC NEEDLES AND/OR SYRINGES OR
MEDICAL WASTE;
15) WET ICE (FROZEN WATER), unless in packaging
pre-approved by the FedEx Packaging Design and Development Department prior to
shipment;
16) SHIPMENTS REQUIRING FEDEX TO OBTAIN ANY SPECIAL
LICENSE OP PERMIT FOR TRANSPORTATION, IMPORTATION OR EXPORTATION;
17) SHIPMENTS THE CARRIAGE, IMPORTATION OR
EXPORTATION OF WHICH IS PROHIBITED BY ANY LAW, STATUTE OR REGULATION;
18) SHIPMENTS WITH A DECLARED VALUE FOR CUSTOMS IN
EXCESS OF THAT
PERMITTED (See Section 18: DECLARED VALUE AND LIMITS OF LIABILITY);
19) DANGEROUS GOODS EXCEPT AS PERMITTED UNDER THE
"DANGEROUS GOODS" SECTION OF THESE CONDITIONS;
20) DEAD ANIMALS OR ANIMALS THAT HAVE BEEN MOUNTED;
21) PACKAGES THAT ARE WET, LEAKING OR EMIT AN ODOR OF
ANY KIND;
22) PACKAGES THAT ARE WRAPPED IN KRAFT PAPER;
23) LIVE ANIMALS
and insects EXCEPT WHEN THE SHIPMENT IS COORDINATED AND APPROVED BY THE
FEDEX LIVE ANIMAL DESK. CUSTOMERS CAN CONTACT FEDEX LOCALLY FOR MORE
ASSISTANCE. HOUSEHOLD PETS AND LIVE FISH ARE NOT ACCEPTED.
FedEx
excludes all liability for Shipments of such items howsoever accepted
(including acceptance by mistake or under notice).
8.2
Additional restrictions may
apply depending upon destination and service and service option used and
various regulatory and customs clearances may be required for certain
commodities, therefore extending the transit time. FedEx reserves the right to
reject Packages based upon these limitations or for reasons of security or
safety. FedEx shall be entitled to charge an administrative fee for packages
rejected and for the costs of returning goods, where applicable, to the Sender.
Further information is available upon request.
8.3
The Money Back Guarantee
(see Section 17) is not applicable to items unacceptable for carriage.
9. DANGEROUS
GOODS
9.1
Dangerous Goods can only be
shipped using the FedEx Expanded Service International Air Waybill and subject
to prior agreement by FedEx. Separate Air Waybills must be used for Dangerous
Goods and non-dangerous goods Shipments.
9.2
Some Dangerous Goods (e.g.
IATA Dangerous Goods class 1: explosives, except for class 1.4 "S") are never
acceptable for carriage. Other Dangerous Goods which may be acceptable
depending upon destination include: compressed gasses (class 2), flammable
liquids (class 3), other flammable hazards (class 4), oxygen rich materials,
oxidizers and organic peroxides (class 5), material affecting health, poisons
and infectious substances (class 6), radioactive or other fissionable materials
(class 7), corrosive materials (class 8), miscellaneous hazards (class 9)
super-cold. Not all FedEx locations accept dangerous goods and FedEx reserves
the right to refuse dangerous goods at any location where they cannot be
accepted in accordance with applicable law.
9.3
The Sender must provide and
shall be liable for the fully effective packaging of all Dangerous Goods, in
compliance with all
requirements of the latest edition of the IATA Dangerous Goods Regulations with
regard to classifications, packaging, marking and labelling, and with any other
applicable laws, regulations or rules.
9.4 Blood, urine and
other liquid diagnostic specimens containing etiologic agents are considered
Dangerous Goods to which special IATA regulations apply (see Section 10 -
Packing and Marking). They will only be accepted when shipped in a watertight
primary receptacle and a watertight secondary packaging and if not further
restricted or prohibited by the destination country. It is the Sender's
responsibility to obtain from and comply with FedEx's precise legal
requirements for packaging such specimens prior to completing the Air Waybill.
9.5 FedEx packaging is
not suitable for dangerous goods and these may not be shipped in any FedEx
packaging.
9.6 All Dangerous Goods
which are destined for or which transit the U.S.A. must be accompanied by a
Sender's Declaration and Certification as required by U.S. law, which the
Sender can obtain.
9.7 The Sender will be
solely responsible for any damage caused by his non-compliance with any
applicable IATA or other regulations. If the Recipient refuses a Package
containing Dangerous Goods, or the Package leaks, is damaged, or emits an odour
(collectively "leakage")it will be returned to the Sender, if possible. If the
Package is refused by the Sender, or it cannot be returned because of leakage
or damage, the Sender will be liable for and agrees to reimburse and otherwise
indemnify FedEx for all costs, fees and expenses incurred in connection with
the clean-up and/or disposal of the Package. FedEx reserves the right, without
liability, to dispose of package showing indications of leakage.
9.8 The Money Back
Guarantee (see Section 17) is not applicable to Shipments of Dangerous Goods.
10. PACKING AND
MARKING
10.1
All Packages must be
prepared and packed by the Sender for safe transportation by air and road
assuming ordinary care in handling. Each Shipment must be legibly and durably
marked with the name, street-, city- and country address including postcode of
the Sender and the Recipient.
10.2
Any articles susceptible to damage
as a result of any condition, which may be encountered in air transportation,
such as changes in temperature or atmospheric pressure, must be protected by
the Sender.
10.3 FedEx
does not provide temperature-controlled transport. Under no circumstances can
FedEx be obliged to add dry ice to shipments, notwithstanding any oral or
written statements from the customer or FedEx to the contrary.
10.4 FedEx shall not be liable for
any damage arising out of changes in temperature or pressure.
11. INSPECTION OF
SHIPMENTS
11.1. FedEx may, at its
option, or upon the request of the competent authorities, open and inspect any
Shipment at any time, and shall incur no liability of any kind therefore.
11.2. In
accordance with applicable regulations in various jurisdictions FedEx is
required to undertake (random) X-ray screening. FedEx may undertake such
screening and the Sender and Recipient hereby waive any possible claims for
damages as a result of screening.
12. CUSTOMS
CLEARANCE
12.1 All Shipments which cross
national borders must be cleared through Customs in the destination country
prior to delivery to the Recipient.
12.2 It
is the Sender's responsibility to ensure that all necessary documentation in
addition to the Air Waybill is provided and accurately completed in compliance
with all applicable laws, rules and regulations, including but not limited to
customs laws, import and export laws and government regulations of any country
to, from, through or over which the Shipment may be carried. In the event of
any failure to provide and/or complete accurately all such documentation
(including the Air Waybill) FedEx will assume no liability to the Sender or any
other person for any loss, expense or delay due to the Sender's failure to
comply with this provision. When Shipments are held by Customs or other
agencies due to incorrect or missing documentation, FedEx may first attempt to
notify the Recipient. If local law requires the correct information or
documentation to be submitted by the Recipient and the Recipient fails to do so
within a reasonable time as Fedex may determine, the Shipment may be considered
undeliverable (see "Undeliverable Shipments"). If the Recipient fails to supply
the required information or documentation and local law allows the Sender to
provide the same, FedEx may attempt to notify the Sender. If the Sender also
fails to provide the information or documentation within a reasonable time as
FedEx may determine, the Shipment will be considered undeliverable. FedEx
assumes no responsibility for its inability to complete a delivery due to
incorrect or missing documentation, whether or not it attempts to notify the
Recipient or Sender. FedEx shall be entitled to charge an administrative fee
for such obtaining corrective or complete information.
12.3. FedEx reserves the right to
assess extra Charges for customs clearance or for services ancillary to the
customs clearance of Shipments ("Ancillary Charges"). Customers should contact
FedEx for more information on the Ancillary Charges.
13. DUTIES AND TAXES
13.1 Without prejudice to Sections
4.5 and 4.6., FedEx may elect to advance on behalf of the party responsible
for payment thereof ("the Payer"), any duties and taxes as assessed by Customs.
For all Shipments, FedEx may contact the Payer before customs clearance is
complete to confirm the arrangements for reimbursement of amounts to be
advanced. At its sole discretion, FedEx may require confirmation of
reimbursement arrangements as a condition to completion of clearance and delivery
including, but not limited to,
cases of deliveries to Recipients that Fedex believes are not creditworthy, and
of Shipments with high declared values.
13.2 If a Recipient or a third
party from whom reimbursement confirmation is requested refuses to pay the
duties and taxes necessary to release the Shipment from Customs, FedEx may
contact the Sender. If the Sender refuses to make satisfactory arrangements to
reimburse FedEx, the Shipment will be returned to the Sender, placed into a
general order warehouse or a Customs-bonded warehouse or considered
undeliverable (See "Undeliverable Shipments"). The Sender will then be
responsible for payment of both the original Charges and the return Charges.
If FedEx advances any amounts as duties and taxes at either the original
destination or upon return, the Sender shall also be liable for such amounts
and all fees and surcharges related to FedEx's advancement of duties and taxes.
13.3 Any Shipments may be delayed
if FedEx is not able to obtain satisfactory confirmation of arrangements to
reimburse it for amounts to be advanced for duties and taxes. These delays, or
any other failure to comply with these Conditions are liabilities not assumed
and are not Service Failures and are not covered by the Money Back Guarantee
(See Section 17: MONEY BACK GUARANTEE and Section 19: LIABILITIES NOT ASSUMED).
13.4 If FedEx advances duties and
taxes it reserves the right to assess a surcharge. The Sender should refer to
the FedEx rate sheets in effect at the time of shipment or call FedEx for an
explanation of the surcharge. Notwithstanding that FedEx reserves the right to
auction or otherwise dispose of goods to recover Charges not reimbursed, the
Sender shall remain liable for such charges.
14. ROUTING AND
DELIVERY
14.1 FedEx reserves the right to
route the Shipment in any way it deems appropriate. There are no transit
places, which are agreed upon at the time of tender of the Shipment. FedEx
assumes no obligation to reroute any Shipment to a third country or carry the
Shipment by any specified aircraft or over any particular route or to make
connection at any point according to any schedules. FedEx may, without notice,
substitute alternate carrier or aircraft, deviate from the route or routes, or
cause the Shipment to be transported by motor vehicle. The Sender agrees to
FedEx's right to divert any Shipment (including use of other carriers) in order
to facilitate its delivery.
14.2 Shipments are delivered to the
Recipient's address. There is no obligation to deliver a Shipment to the
Recipient personally. FedEx may deliver to someone other than the person named
on the Air Waybill. Shipment addresses should always include the complete
address of the Recipient and its telephone or fax number. (Shipments cannot be
delivered to P.O. Boxes).
14.3 FedEx shall not be liable in
any circumstances for any claim, which relates to seizure or detention of goods
in the course of transit by customs or other government authorities.
14.4 Shipments to hotels,
government offices or installations, university campuses or other facilities
which have a mail room or central receiving area may be delivered to the mail
room or central receiving area.
14.5
Saturday delivery, if
available, will be subject to a special handling fee in those countries where
Saturday is not a regular Business Day.
14.6
The FedEx Europe First
service option for an early morning delivery, if available, is subject to an
additional delivery fee (the "FedEx Europe First Delivery Fee").
15. REDELIVERY
SERVICE
15.1 Redelivery service will be
provided at no additional charge. A notice of attempted delivery will be left
at the Recipient's address after each attempted delivery, indicating date and
time of the presentation. Any Shipment which cannot be delivered after three (3)
attempted deliveries will be returned to the nearest FedEx facility and an
attempt made to notify the Recipient. In the case of deliveries to a private
address ("Residential Deliveries"), only one re-attempt will be made after the
initial attempted delivery.
15.2 If the Shipment has not been
delivered after three (3) attempted deliveries (two (2) in case of a
"Residential Delivery") or after being held for five (5) Business Days from the
date the Shipment is received and has cleared customs in a destination station,
it will be considered undeliverable (See Section 16: UNDELIVERABLE SHIPMENTS).
16. UNDELIVERABLE
SHIPMENTS
16.1 A Shipment is considered as
undeliverable if (i) the Recipient's address is incomplete, illegible,
incorrect or cannot be located, (ii) delivery is impossible because of the
unavailability or refusal of an appropriate person to accept delivery or sign
for delivery of the Shipment on the initial delivery attempt or reattempts,
(iii) the Shipment is unable to clear Customs, (iv) the Shipment would likely
cause damage or delay to other Shipments or goods, or injury to persons, (v)
the Shipment contains prohibited items, (vi) the Recipient is unable or refuses
to pay for a Bill Recipient Shipment, or (vii) the Shipment's contents or packaging
are damaged to the extent that re-wrapping is not possible.
16.2.
If a Shipment is
undeliverable for any reason, FedEx may attempt to notify the Sender to arrange
for the return of the Shipment, without prejudice to any local regulatory
constraints. If the Sender cannot be contacted within five (5) Business Days or
fails to give instructions within a reasonable period of time as determined by
FedEx, Fedex at its sole option, may return the Shipment to the Sender, place
the Shipment in a general order warehouse or Customs-bonded warehouse or
dispose of the Shipment. The Sender will be liable for any and all costs,
Charges and fees incurred in returning, storing or disposing of an
undeliverable Shipment, unless the Shipment was undeliverable due to the fault
of FedEx. For returned Shipments containing dangerous goods, the Sender must
supply a completed return Air Waybill and all other required documents.
16.3.
Return Charges will be
assessed to the Sender together with the original Charges, unless the Shipment
was undeliverable due to the fault of FedEx. Also included will be any other
Charges incurred by FedEx including but not limited to duties, taxes and
storage fees, if applicable.
17. MONEY BACK
GUARANTEE POLICY
17.1 FedEx offers a Money Back
Guarantee for the following services (if and where available): FedEx
International First, FedEx International Next Flight, FedEx International
Priority, FedEx International Priority Freight, FedEx International Economy
Freight, FedEx International Priority Plus, FedEx International Broker Select
and FedEx 10 kg and FedEx 25 kg boxes. FedEx will upon request either refund
or at its option credit to the applicable invoice the Transportation Charges
incurred by the Sender if the first attempted delivery of a Shipment occurs 60
seconds or more after the applicable Delivery Commitment Time ("Service
Failure"). However, the Money Back Guarantee policy will only apply once
a delivery commitment has been established by FedEx after pick up of the
Shipment.
This
Money-Back Guarantee, if available (customers should check with FedEx for
details), can be suspended or revoked without notice.
In
order to qualify for a refund or credit the following limitations apply:
a)
Where Customs or
other regulatory clearances are delayed due to inspection or sampling
requirements, or due to Sender's errors or omissions in documentation, the
delivery commitment time is modified by adding one Business Day for each day
(or fraction thereof) that such clearances are delayed;
b)
For invoiced Shipments
and for Shipments sent using an automated shipping device, FedEx must receive
notification in writing of a Service Failure within 15 days from the invoice
date. The Sender must furnish with the proof of its payment the invoice number
to which the payment applies. If an invoice is not paid in full, the reason
for each unpaid charge must be noted with its Air Waybill or Package tracking
number;
c)
For Shipments not
invoiced by FedEx (paid by cash, check, money order or credit card) the Sender must
notify FedEx in writing of a Service Failure within 15 days after the date of
Shipment;
d)
Notification must
include the account number, if any, the Air Waybill or Package tracking number,
the date of shipment and complete Recipient information;
e)
A Service Failure
will not be deemed to have occurred if within 30 days after FedEx is notified,
it furnishes proof either of timely delivery consisting of the date and time of
delivery and name of the person who signed for the Shipment, or service exception
information reflecting that the failure to timely deliver resulted from any
term permitting extension of time for delivery herein or circumstances
described under Section 19 : LIABILITIES NOT ASSUMED;
f)
Only one refund or
credit is permitted per Package. If a Service Failure occurs for any Package
within a multiple package Shipment, a refund or credit will be given only for
the proportion of the Transportation Charges applicable to that Package;
g)
A refund or credit
will be given only if complete Recipient information was provided at the time
of shipment. Complete Recipient information must be provided on either the Air
Waybill or through an automated shipping device.;
h)
A refund or credit will
not be given to Shipments delayed due to incorrect addresses or to the
unavailability or refusal of a person to accept delivery, whether or not the
Package is returned to the Sender, or sign for the Package or by reason of any
term permitting extension of time for delivery herein or causes described under
Section 19: LIABILITIES NOT ASSUMED ;
i)
This Money Back
Guarantee applies only to Transportation Charges and does not apply to duties,
taxes or declared value charges or any other Charges;
j)
A refund or credit
will not be given to customers using automated shipping devices if incorrect
package tracking numbers are applied to the subject Package or Shipment;
k)
A Service Failure will not
be deemed to have occurred if a "bill to" FedEx Account Number was provided at
the time of shipment that was not in good credit standing and the Package was
held until alternate payment arrangements were secured. For purposes of this
provision, "in good credit standing" shall mean that (1) payment on the FedEx
Account is current, (2) the Account is not in "cash only" status, and (3) for
commercial or business Accounts, the balance does not exceed the credit limit
established by FedEx.
l)
This Money Back Guarantee
does not apply to undeliverable or returned Shipments or any Shipment
containing Dangerous Goods.
m)
This Money Back Guarantee
does not apply to delays in delivery caused by adherence to FedEx policies
regarding the payment of duties and taxes prior to customs clearance or at
delivery.
17.2
If the Sender chooses FedEx
International Priority with the FedEx Europe First service option, FedEx will
upon request either refund or at its option credit to the applicable invoice i)
the FedEx Europe First Delivery Fee incurred by the
Sender, but not the Transportation Charges, if the first attempted delivery of
a Shipment occurs 60 seconds or more after the applicable Delivery Commitment
Time for the FedEx Europe First service option and ii) the Transportation
Charges incurred by the Sender (in addition to the FedEx
Europe First Delivery Fee) if the first attempted delivery of a Shipment
occurs 60 seconds or more after the applicable Delivery Commitment Time for
FedEx International Priority without the FedEx Europe First service option.
All restrictions and limitations set out under Section 17.1 equally apply to
the FedEx Europe First service option.
18. DECLARED VALUE
AND LIMITS OF LIABILITY
18.1 Unless the Sender enters a
higher Declared Value for Carriage on the Air Waybill, the liability of FedEx
is limited to the higher of a) the amount provided by the applicable international
treaty or b) twenty-two (22) Euro per kilo. The Declared Value for Carriage
cannot exceed the Declared Value for Customs.
18.2 FedEx does not provide cargo
liability or all-risk insurance but the Sender may pay an additional charge for
Declared Value for Carriage above the limits referred to in Section 18.1 above.
The Sender should refer to the FedEx rate sheets in effect at the time of
shipment or call FedEx for an explanation of the additional charge. The
Declared Value for Carriage of any Package represents FedEx's maximum liability
in connection with a shipment of that Package, including but not limited to,
any loss, damage, delay, misdelivery, any failure to provide information, or
mis-delivery of information relating to the Shipment. Exposure to and risk of
any loss in excess of the Declared Value for Carriage is assumed by the Sender.
Customers are advised to contact their insurance agent or broker for insurance
coverage. EVEN IF A HIGHER VALUE IS DECLARED, THE LIABILITY OF FEDEX FOR LOSS
OF OR DAMAGE TO THE CONTENTS OF A SHIPMENT WILL NOT BE MORE THAN THE ACTUAL
VALUE OF THE CONTENTS OF THE SHIPMENT AND FEDEX SHALL BE ENTITLED TO REQUIRE
INDEPENDENT PROOF OF THE VALUE OF THE CONTENTS OF A SHIPMENT FOR WHICH A CLAIM
IS MADE.
18.3 The maximum Declared Value for
Customs and Carriage is limited and may vary per location. The maximum
Declared Value for Customs and Carriage for the contents of a FedEx Envelope or
FedEx Pak, regardless of destination, is US$ 100 per Shipment or US$ 9.07 per pound,
whichever is greater. Goods with a value (actual or declared) exceeding these
amounts, should NOT be shipped in a FedEx Envelope or FedEx Pak. The Sender
should refer to the FedEx rate sheets in effect at the time of shipment or call
FedEx for an explanation of the declared value limits.
18.4 For Shipments containing the
following items of extraordinary value the Declared Value for Carriage is also
limited and depends on the contents and destination of the Shipment:
- Artwork,
including any work created or developed by the application of skill, taste or
creative talent for sale, display or collection. This includes without
limitation, items such as paintings, drawings, vases, tapestries,
limited-edition prints, fine art, statues, sculptures, collector's items,
customized or personalized musical instruments or similar items.
- Antiques
or collectable items, or any commodity that exhibits the style or fashion of a
past era and whose history, age or rarity contributes to its value. These items
include but are not limited to, furniture, tableware, porcelains, ceramics and
glassware. Collectable items may be contemporaneous or relating to a past era.
- Film,
photographic images, including photographic negatives, photographic chromes and
photographic slides.
- Any
commodity that by its inherent nature is particularly susceptible to damage, or
the market value of which is particularly variable or difficult to ascertain.
- Jewellery,
including but not limited to, costume jewellery, watches and their parts, mount
gems or stones (precious or semiprecious, cut or uncut), industrial diamonds
and jewellery made of precious metal.
- Precious
metals, including but not limited to, gold and silver, silver bullion or dust,
precipitates or platinum (except as an integral part of electronic machinery).
- Furs,
including, but not limited to, fur clothing, fur-trimmed clothing and fur
pelts.
The
Sender should refer to the FedEx rate sheets in effect at the time of shipment
or call FedEx for an explanation of the declared value limits.
Import
of some of the items listed above may be prohibited by certain countries.
18.5 When the Sender has not
specified the Declared Value for Carriage of each Package on the Air Waybill
but has specified a total declared value for all Packages, the declared value
for each Package will be determined by dividing the total declared value by the
number of Packages on the Air Waybill unless the Sender produces evidence
supporting a different allocation. In no event may the declared value of any
Package in a Shipment exceed the declared value of the Shipment.
18.6 FedEx is not liable for any
loss of, damage to, or delay, misdelivery or non-delivery of unacceptable
Shipments, including but not limited to cash or currency (See Section 8: ITEMS
UNACCEPTABLE FOR CARRIAGE).
18.7 Any declaration of a value in
excess of the maximums allowed by FedEx is null and void. FedEx's inadvertent
acceptance for carriage of any Shipment bearing a declared value in excess of
the allowed maximums does not constitute a waiver of any provision of or limits
within these Conditions as to such Shipment.
18.8 If the Declared Value for
Carriage for a Shipment exceeds the authorised limits (see Sections 18.3 and
18.4), such value shall automatically be reduced to the authorized limits for
such Shipment.
18.9 Regardless
of the declared value of a Package, FedEx's liability for loss, damage, delay,
misdelivery, non-delivery, misinformation, any failure to provide information,
or misdelivery of information, will not exceed the Shipment's repair cost, its
depreciated value or its replacement cost, whichever is less.
19. LIABILITIES NOT
ASSUMED
19.1 FEDEX WILL NOT BE LIABLE, IN
ANY EVENT, FOR ANY DAMAGES WHETHER DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
IN EXCESS OF THE DECLARED VALUE (AS LIMITED BY SECTION 18) OR THE LIMITATION OF
LIABILITY AS SET FORTH IN THE WARSAW CONVENTION AS AMENDED, WHICHEVER IS
GREATER, WHETHER OR NOT FEDEX KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES MIGHT
BE INCURRED INCLUDING, BUT NOT LIMITED TO, LOSS OF INCOME OR PROFITS.
19.2 FEDEX WILL NOT BE LIABLE IN
ANY EVENT FOR CONSEQUENTIAL OR INDIRECT LOSSES OR DAMAGES, INCLUDING BUT NOT
LIMITED TO LOSS OF INCOME OR PROFITS UNLESS SUCH DAMAGES WERE CAUSED BY ITS
WILFUL MISCONDUCT OR GROSS NEGLIGENCE.
19.3 FedEx shall not be liable for
losses or delays in certain circumstances set forth in Section 19.4. Exposure
to and risk of any such loss or delay is assumed by the Sender and the Sender
should contact an insurance agent or broker if insurance cover is desired.
FEDEX DOES NOT PROVIDE INSURANCE COVER.
19.4 FedEx will not be liable for,
nor shall any adjustment, refund, or credit of any kind be made as a result of
any loss, damage, delay, misdelivery or non-delivery or misinformation
including but not limited to any such loss, damage, delay, misdelivery,
non-delivery or misinformation caused by or resulting from:
a) the
act, default, or omission of the Sender, Recipient or any other party with an
interest in the Shipment;
b) the
nature of the Shipment or any defect, characteristic or inherent vice thereof;
c) the
violation of any of the terms and conditions contained on the Air Waybill or
these Conditions, tariff or other terms and conditions applicable to the
Shipment including, but not limited to, the incorrect declaration of the cargo,
the improper or insufficient packing, securing, marking or addressing of
Shipments;
d) any
events beyond the control of FedEx including but not limited to perils of the
air, public enemies, public authorities acting with apparent or actual
authority, acts or omissions of Customs officials, riots, strikes, or other
local disputes, civil commotion, hazards incident to a state of war or weather
conditions, or national or local disruptions in air or ground transportation
networks, criminal acts of any person(s) or entities including acts of
terrorism, strikes or anticipated strikes, natural disasters, disruption or
failure of communication and information systems (including, but not limited
to, FedEx systems), mechanical delay or conditions that present a danger to
FedEx personnel;
e) the
acts or omissions of any person other than FedEx compliance with verbal or
written delivery instructions from the Sender, Recipient or persons claiming
to represent the Sender or Recipient;
f) the
loss of or damage to articles packed and sealed in Packages by the Sender,
provided that the seal is unbroken at the time of delivery and the Package
retains its basic integrity;
g)
any delay in delivery or FedEx's inability or failure to complete a delivery
due to acts or omissions of Customs or other regulatory agencies;
h) delays
in delivery caused by adherence to FedEx policies regarding the payment of
duties and taxes;
i) the
inability of FedEx to provide a copy of the delivery record or a copy of the
signature obtained at delivery;
j) the
erasure of data from or the loss or irretrievability of data stored on
magnetic tapes, files or other storage media, or erasure or damage of
photographic images or soundtracks from exposed film;
k) damage
in transit or in handling of fluorescent tubes, neon lighting, neon signs,
X-ray tubes, laser tubes and light bulbs or other inherently fragile items.
l)
FedEx's failure to honour
"package orientation" graphics (e.g., "UP"arrows, "THIS END UP" markings).
m)
The Sender's failure to ship goods in
packaging approved by FedEx prior to shipment, where such prior approval is
recommended or required.
n)
FedEx's failure to notify the Sender
of any delay, loss or damage or any inaccuracy in such notice.
o)
Shipments released without obtaining
a signature if a release delivery authorization signed by the Recipient is on
file.
p)
FedEx's failure or inability to attempt to
contact the Sender or Recipient concerning incomplete or inaccurate address,
incorrect or incomplete documentation, non-payment of duties and taxes
necessary to release a Shipment, or incomplete or incorrect custom's broker's
address.
q)
loss of or damage to any Package for which FedEx has no record of receipt.
r)
Shipment of scale models (including but
not limited to, architectural models, doll houses, etc.)
s) damage to
briefcases, luggage, garment bags, aluminium cases, plastic cases, or other
items whose outer finish might be damaged by adhesive labels, soiling or marking
unless placed in an adequate, protective container for shipment.
t)
damage, delay or loss of any
Shipment containing a prohibited item;
u)
damage arising from any
failure by the Sender to pack the material shipped in a manner adequate to
protect it from damage, adequacy being assessed in the reasonable determination
of FedEx having regard to handling normally to be expected in the hands of a
carrier such as FedEx.
19.5 Except in case of intentional
action of FedEx, the Sender shall be liable for any damage caused by the
Shipment to FedEx or to a third party. The Sender shall guarantee and hold
FedEx harmless of any claim of a third party, notably the Recipient, for any
liability exceeding the liability assumed under these Conditions.
19.6 Any payment made by FedEx
pursuant to a claim of the Sender or of a third party shall not be deemed to
constitute an acceptance of liability.
20. NO WARRANTIES
Save as expressly set out herein FedEx makes no warranties,
express or implied.
21. CLAIMS
21.1 Claims for Damage or Delay
All
claims must be notified in writing to FedEx within 21 calendar days after
delivery of the Shipment, failing which no action for damages may be brought
against FedEx. Receipt of the Shipment by the Recipient without written notice
of damage on the delivery receipt is prima facie evidence that the Shipment was
delivered in good condition. As a condition for FedEx considering any claim
for damage the Recipient must make the contents, original shipping cartons and
packaging available for inspection by FedEx.
FedEx
reserves the right to inspect damaged Shipments on the customer's premises as
well as the right to retrieve the damaged Package for inspection at a FedEx
facility.
All of the
original shipping cartons, packing and contents must be made available for
inspection by FedEx and retained until the claim is concluded.
21.2 Claims for Loss,
Non-delivery or Misdelivery
All
claims for loss, non-delivery or misdelivery must be received by FedEx in
writing within 45 calendar days after the Shipment is accepted by FedEx.
FedEx
will only accept claims filed by the Sender unless the Sender provides written
permission to accept the claim by the Recipient.
21.3 Filing a Claim and Time
Limitation
Within
30 days after notification to FedEx of the claim, it must be documented by
sending all relevant information about it to FedEx. FedEx is not obligated to
act on any claim until all Charges have been paid; the claim amount must not be
deducted from those charges. The right to damages against FedEx shall be
extinguished unless a legal action is brought within two (2) years from the
date of delivery (in case of damage) or the date the Shipment should have been
delivered (in case of loss, non-delivery, misdelivery or delay in delivery).
The agreed date of delivery for
purposes of calculating the deadline shall be the day following the date of the
Shipment. Statutes of limitation providing for shorter statutory or
contractually agreed provisions shall prevail over this provision.
Only
one claim can be filed in connection with a Shipment. Acceptance of payment of
a claim shall extinguish any right to recover further damages or to claim
further compensation in connection with that Shipment.
22. SURCHARGES
FedEx reserves the right to assess fuel
and other surcharges on Shipments without notice. The duration and amount will
be determined at FedEx's sole discretion. The Sender, by tendering his Shipment
to FedEx, agrees to pay the surcharges in force at the later of the time of
order or time of collection, such Charges to be determined by FedEx at its
entire discretion. Details of current surcharges are available upon request.
23. NON-WAIVER
Any failure by FedEx to enforce or apply a provision of
these Conditions does not constitute a waiver of that provision and does not
otherwise impair FedEx's right to enforce such provision.
24. MANDATORY LAW
These Conditions shall not exclude any liability where the
exclusion of that liability is prohibited by law.
Insofar as any provision contained or referred to in these
Conditions may be contrary to any applicable international treaty, local law,
government regulations, orders, or requirements, such provision shall be
limited to the maximum extent permitted and, as limited, shall remain in effect
as part of the agreement between FedEx and the Sender. The invalidity or
unenforceability of any provision shall not affect any other part of these
Conditions.
25. DATA PROTECTION
25.1 FedEx warrants that:
a) it shall comply with all
mandatory applicable laws, regulations and rules concerning data protection or
privacy in relation to personal data processed by it for the performance of a
Shipment.
b) it shall maintain appropriate
security systems in relation to data held by it to prevent unlawful or
unauthorised accessing or use of data and the accidental loss or destruction
of, or damage to, such data.
c) it shall only process any
personal data to the extent necessary for the performance of the Shipment.
d) the data shall only be held for
as long as is reasonably necessary.
25.2 By submitting any personal
data to FedEx the Shipper consents to FedEx using this data for the purposes of
FedEx (or its agents or subcontractors) performing their obligations under the
relevant Air Waybill and the Conditions.
25.3 In relation to any
data provided by the Shipper concerning a Consignee or third party in
connection with a Shipment, the Shipper warrants that it has complied with
applicable data protection laws including obtaining all necessary consents and
approvals for the provision of such data to FedEx and the processing by FedEx
of this data for the performance of the Shipment.
25.4 In connection with the
performance of the Shipment FedEx may use the services of subcontractors or
agents and that data shall be transferred to them solely for the performance of
their services in connection with such Shipment and in accordance with these
Conditions.
25.5 Both Federal Express
Europe Inc and Federal Express Corporation are companies registered in the United
States and with operations located around the world. As a result of the
performance of a Shipment personal data concerning Shippers and Consignees will
be transferred to the United States and other countries outside of the European
Economic Area that may have different levels of protection towards personal
data. By submitting the Shipment and by signing the Air Waybill the Shipper
consents to the transfer of such personal data to those countries.
REVISED 1 November
2003.
