Conditions of Carriage
These Conditions of Carriage – if it is allowed by mandatory provisions of the law 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.
Shipments are subject to local tariffs and the conditions of the FedEx subsidiary, branch or the independent contractor which accepted the Shipment.
FEDERAL EXPRESS CONDITIONS OF CARRIAGE FOR HUNGARY EFFECTIVE FROM July 23, 2015
- 1. APPLICATION
1.1 These Conditions apply to the carriage of Shipments from and between selected countries in Europe, the Middle East, the Indian Subcontinent and Africa (“EMEA”) and from and between specified locations within selected countries in EMEA, utilizing the following services or service options of FedEx (if and where available): FedEx Europe First, FedEx International Priority, FedEx International Priority Freight, FedEx International Broker Select, FedEx International Priority Direct Distribution, FedEx International Economy and FedEx International Economy Freight. These services may be modified by FedEx from time to time with the proviso that these modifications are published on the home page fedex.com and at the service points from not later the 15 days prior to their introduction. Upon request, customers can be informed about the areas that are served by FedEx. These Conditions do not apply to intra-United Kingdom and intra-India Shipments for which separate conditions of carriage apply. Please refer to www.fedex.com/ukservices/services/terms.html for the conditions of carriage applicable to domestic Shipments carried within the United Kingdom and www.fedex.com/in/domestic/services/terms/ for the conditions of carriage applicable to domestic Shipments carried within India (Note: fedex.com URLs are subject to change). Shipments originating outside EMEA for EMEA or other international destinations are subject to local tariffs and the terms and conditions of the FedEx subsidiary, branch or the independent contractor that accepted the Shipment. Shipments returned using FedEx Global Returns are governed by the terms and conditions applicable to the country from which the Shipment is returned. Those terms and conditions of service may vary from country to country. Consult fedex.com or contact Customer Service for details.
1.2 The provisions of the Act CLIX of 2012 on postal services shall be applicable to international postal services concerning postal shipments and the agreement only if international treaties – in particular international treaties based on the law-decree No 26 of 1967 about the publication of the Universal Postal Union’s Constitution signed on 10 July 1964 in Vienna or any individual treaty concluded on the basis of the provisions thereof – do not provide otherwise. The Government Decree No. 335/2012. (XII.4.) on the detailed rules on the provision of postal services and postal services concerning official shipments, as well as on the general terms and conditions of postal service providers and shipments that are excluded from postal services or that can be delivered conditionally shall be applicable to international postal services concerning postal shipments and the agreement only if international treaties – in particular international treaties based on the law-decree No 26 of 1967 about the publication of the Universal Postal Union’s Constitution signed on 10 July 1964 in Vienna or any individual treaty concluded on the basis of the provisions thereof – do not provide otherwise. Furthermore, the provisions of the Act on Post and other legislation issued on the basis of the authorization granted by that Act on delivery are not applicable to the delivery of postal shipments tendered in Hungary and delivered abroad only if the law of the country of destination excludes the application of those provisions.
1.3 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 or the Montreal Convention of May 28, 1999 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. Shipments carried from and between specified locations within one country are subject to the mandatory rules provided by the laws of that country.
1.4 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/hu_english/services/terms. The electronic version at www.fedex.com/hu_english/services/terms 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 mandatory rules relating to liability for international carriage provided by the Warsaw or Montreal Conventions and their respective subsequent Protocols, other applicable conventions or any applicable tariff; or, for Shipments carried from and between specified locations within one country, with the mandatory rules relating to liability for carriage provided by the laws of that country.
1.5 These Conditions (which term includes those agreements and conventions expressly referred to herein) represent the entire agreement between the parties and, subject to Section 1.4., 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.
1.6 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.
1.7 The Sender will be bound by the signature of any of its employees, servants and agents on the (Air) Waybill.
1.8 Federal Express Magyarországi Fióktelepe is entitled to use intermediary services and to charge forward the costs thereof.
- 2. DEFINITIONS
“Conditions” shall mean these Conditions of Carriage which term shall also include those agreements, laws 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. Federal Express Corporation Magyarországi Fióktelepe is the Hungarian branch of Federal Express Corporation. The contract of carriage is with the FedEx subsidiary, branch or independent contractor which accepts the Shipment from the Sender.
“Act on Post” means the provisions of the Act CLIX of 2012 on postal services, as amended time to time.
“express postal service” means service with guaranteed delivery times, regarding which the service provider undertakes to deliver the shipment the next business day following tendering in case of domestic deliveries, within three business days after tendering in case of delivery in a Member State of the European Union, and within five business days after tendering in case of other, international deliveries, and in addition to that, provides at least one of the additional services listed in paragraphs a)-f) below:
- traceable handling;
- cash on delivery;
- return receipt;
- declaration of value;
- delivery to the hands of the person specified as recipient;
- pickup at the sender’s home, seat, branch office or other business premises;
“high value added postal service” is – according to paragraph d) of Section 8(1) and Section 8(3) of the Act on Post – a postal service which includes at least the following, high-value added, special additional services:
- traceable handling of shipment;
- guaranteed delivery time;
- cash on delivery;
- delivery to the recipient at a time individually agreed – after picking up the shipment - with the recipient,
- delivery to the hands of the person specified as recipient,
- other services which are developed for the individual needs of the sender, provided on the basis of an individual agreement, which do not fall within the scope of additional services to be provided within the scope of universal postal services and the use of which do not qualify as substitution of universal postal services from the user’s aspect.
“FedEx Europe First” is an express postal service for Shipments delivered in the Member States of the European Union. FedEx delivers the Shipment on the 1st business day after tendering. The size limits of Shipments regarding this service: maximum 274 cm in length (always the longest side), maximum 330 cm in length and girth combined. The weight limits of Shipments regarding this service: minimum 0.5 kg, maximum 68 kg. Above 40 kg, the Shipment does not qualify as postal shipment and the service qualifies as other service not regulated by the Act on Post. FedEx provides the following, additional services: registered service, traceable handling, door-to-door delivery, delivery by 9:00, 9:30, 10:00 am next business day, proof of delivery service, money-back guarantee. Available additional services: Declared Value for Carriage. These Conditions may make other additional services available.
“FedEx International Priority” is a postal service regarding which FedEx delivers the Shipment within two business days after tendering in case of delivery in a Member State of the European Union, and within six business days after tendering in case of other, international deliveries. Based on delivery deadlines depending on address, the service qualifies as express postal service or high value added postal service. The size limits of Shipments regarding this service: maximum 274 cm in length (always the longest side), maximum 330 cm in length and girth combined. The weight limits of Shipments regarding this service: minimum 0.5 kg, maximum 68 kg. Above 40 kg, the Shipment does not qualify as postal shipment and the service qualifies as other service not regulated by the Act on Post. FedEx provides the following, additional services: registered service, traceable handling, door-to-door delivery, customs clearance, proof of delivery service, money-back guarantee. Available additional services: Declared Value for Carriage, FedEx Global Return, Supplied Packaging Material. These Conditions may make other additional services available.
“FedEx International Priority Freight” is a carriage service which does not qualify as postal service and not regulated by the Act on Post. Within the framework of this service, FedEx delivers the Shipment handled on palette within three business days after tendering in case of delivery in a Member State of the European Union, and within seven business days after tendering in case of other, international deliveries. The size limits of Shipments regarding this service: maximum length: 302 cm, maximum width: 203 cm, maximum height: 178 cm. The weight limits of Shipments regarding this service: minimum 68 kg, maximum 1000 kg. FedEx provides the following, additional services: traceable handling, door-to-door delivery, customs clearance. Available delivery options: door-to-airport, airport-to-airport, airport-to-door, proof of delivery, money-back guarantee, Declared Value for Carriage, FedEx Global Return. These Conditions may make other additional services available.
“FedEx International Priority Direct Distribution” is a carriage service which does not qualify as postal service and not regulated by the Act on Post. Within the framework of this service, FedEx delivers the Shipment within three business days after tendering in case of delivery in a Member State of the European Union, and within five business days after tendering in case of other, international deliveries. The size limits of Shipments regarding this service: maximum length: 302 cm, maximum width: 203 cm, maximum height: 178 cm. The weight limits of Shipments regarding this service: minimum 68 kg, maximum 1000 kg. FedEx provides the following, additional services: traceable handling, door-to-door delivery, customs clearance, proof of delivery. Available additional services: Declared Value for Carriage. These Conditions may make other additional services available.
“FedEx International Economy” is a high value added postal service. FedEx delivers the Shipment within five business days after tendering in case of delivery in a Member State of the European Union, and within eight business days after tendering in case of other, international deliveries. The size limits of Shipments regarding this service: maximum 274 cm in length (always the longest side), maximum 330 cm in length and girth combined. The weight limits of Shipments regarding this service: minimum 0.5 kg, maximum 68 kg. Above 40 kg, the Shipment does not qualify as postal shipment and the service qualifies as other service not regulated by the Act on Post. FedEx provides the following, additional services: registered service, traceable handling, door-to-door delivery, customs clearance, proof of delivery service. Available additional services: Declared Value for Carriage, FedEx Global Return, Supplied Packaging Material. These Conditions may make other additional services available.
“FedEx International Economy Freight” is a carriage service which does not qualify as postal service and not regulated by the Act on Post. Within the framework of this service, FedEx delivers the Shipment handled on palette within 5 business days after tendering in case of delivery in a Member State of the European Union, and within eight business days after tendering in case of other, international deliveries. The size limits of Shipments regarding this service: maximum length: 302 cm, maximum width: 203 cm, maximum height: 178 cm. The weight limits of Shipments regarding this service: minimum 68 kg, maximum 1000 kg. FedEx provides the following, additional services: traceable handling, door-to-door delivery, customs clearance, proof of delivery, money-back guarantee. Available additional services: Declared Value for Carriage, FedEx Global Return. These Conditions may make other additional services available.
“FedEx Priority Overnight” is an express postal service for Shipments tendered and delivered within in Hungary. The size limits of Shipments regarding this service are: maximum 274 cm in length (always the longest side), maximum 330 cm in length and girth combined. The weight limits of Shipments regarding this service: minimum 0.5 kg, maximum 68 kg. Above 40 kg, the Shipment does not qualify as postal shipment and the service qualifies as other service not regulated by the Act on Post. FedEx provides the following, additional services: registered service, traceable handling, door-to-door delivery, proof of delivery service, money-back guarantee. Available additional services: Declared Value for Carriage, Supplied Packaging Material. Handling of dangerous goods is not available in this service. These Conditions may make other additional services available. The FedEx Priority Overnight service does not fall within the scope of the Warsaw Convention (see Article 21.). We kindly ask our customers to refer to FedEx Customers Service (Section 21.17) or to https://www.fedex.com/ratefinder/home?cc=hu&language=en (available in English only) for delivery times re. their individual Shipments.
„traceable handling” is an additional service and it means the technology which is applied by FedEx and by which FedEx provides information as data accessible through the internet or in the form of text message sent and documented by electronic communication network on the basis of the Shipment’s individual identification sign about – at least – the date and place of picking up the Shipment, the date of delivery, the legal basis of receipt and in case of unsuccessful attempt to deliver, about the further handling of the Shipment. The handling of the Shipment can be traced on http://www.fedex.com/hu with the way-bill number. After entering the way-bill number in the offered field, the information which is actual at the time of the search becomes available. Thus, in particular, the location of the shipment at the time of the search, its date of arrival thereto and the currently actual proceeding.
“FedEx International Broker Select” is an additional service available for each service. By selecting this additional service, the Sender can designate a specific customs broker for customs clearance. In case the Sender selects this additional service, the broker's address and telephone number must be indicated on the Air Waybill.
“FedEx Global Return” is an additional service. Where available, the Sender can prepare return (Air) Waybill for its Shipment and attach other shipping documents, if needed. Furthermore, FedEx sends email to the Recipient’s email address specified by the Sender about shipping instructions in the language specified by the Sender. Thus, the Recipient can send the Shipment back to Sender in an easier way.
“door-to-door delivery” is an additional service which includes pickup at the Sender’s home, seat, branch office or other business premises and delivery at the Recipient’s home, seat, branch office or other business premises.
"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.
“Supplied Packaging Material” is an ancillary service. Where available, FedEx provides – in certain cases, for a fee – the Sender with the following packaging materials upon request: FedEx Pak, FedEx Box, FedEx Tube and FedEx Envelope. FedEx Box 10kg and FedEx Box 25 kg are not available for FedEx Priority Overnight service.
"Shipment" means one or more pieces which can be postal shipment (letter, parcel or other postal shipment) or freight and which move 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 or region of shipment or in the country or region of destination are open for business. Business days and holidays may vary by country or region 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, if and where applicable, customs duties and taxes and other costs reasonably incurred by FedEx relating to transport of a Shipment.
“Declared Value for Carriage” means the declaration of value ancillary, additional service on the basis of which FedEx’s liability for the proper performance of the contract for services related to the Shipment is limited up to the value indicated by the Sender on the (Air) Waybill as the value of the Shipment.
“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 or the delivery commitment quoted by Customer Service for that Shipment which takes into account the commodity being shipped, the service used, 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.
“Intermediary Services” mean service which is used by Federal Express Corporation Magyarországi Fióktelepe and mediated in part or in whole to the Sender without any changes. Intermediary services also include the performance of the subcontractor with which Federal Express Corporation Magyarországi Fióktelepe concluded a written agreement, provided that the performance of the subcontractor is charged forward by Federal Express Corporation Magyarországi Fióktelepe.
“Intra-European Shipments” means Shipments between selected countries within Europe as defined by FedEx from time to time on www.fedex.com.
“B2C Shipments” mean Shipments sent pursuant to a commercial transaction between a Shipper-enterprise (a person (natural or legal) acting within the scope of its profession, independent activity or business) and a Recipient-consumer (a natural person acting outside of her/his profession, independent activity or business).
- 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 publishes changes on its home page fedex.com and at its service points at least 15 days prior to the introduction thereof. 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 will only provide estimates of customs duties and taxes through the Estimate Duties and Taxes feature on FedEx Global Trade Manager at fedex.com but final duties and taxes may vary.
Rates applied shall be those rates applicable and in force at the time that the contract of carriage is made.
- 4. BILLING
4.1 Notwithstanding that FedEx reserves the right to require payment of any Charges 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. FedEx reserves the right to increase any amount unpaid at due date, as of right and without prior notice of remedy, by 15 % (or such amount as applied by FedEx per the local applicable payment terms and conditions) as liquidated damages for administrative costs, and a yearly interest of 6 % above the European Central Bank Rate (or such rate as applied by FedEx per the local applicable payment terms and conditions), 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 Transportation Charges will automatically be billed to the Sender and duties and taxes, if any, to the Recipient.
4.5 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 FedEx 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.
4.6 If applicable, 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.
4.7 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, IF ANY.
4.8 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.
4.9 In case of payment of Charges in advance upon tendering, the Sender may pay the Charges:
- in cash or by bank card if Shipment is tendered at customer service,
- in cash or – in cooperation with the person taking over the Shipment – by bank card if the Shipment is picked up at the Sender’s home, seat, branch office or other business premises
- 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 dimensional weight. Dimensional weight is determined by multiplying a Package's length x height x width (all in centimeters) and dividing by 5000 or such other number as specified by FedEx from time to time on fedex.com. 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, or the FedEx Account of the person or entity responsible for payment is not in good credit standing. 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 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. Shipments exceeding 225 kilo require advance arrangement with FedEx. Details are available upon request.
7.2 Extra-large Packages are pieces weighing less than 68 kg (or destination country limit) that exceed 330 cm (or destination country limit) in length and girth combined. These pieces may be refused, or at FedEx’ sole discretion may be considered as FedEx International Priority Freight or FedEx International Economy Freight shipments if accepted by FedEx, and a minimum chargeable weight of 68 kg may be applied regardless of actual weight.
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, FedEx 10kg Box or FedEx 25kg Box 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 9998 Packages on a single (Air) Waybill.
- 8. ITEMS UNACCEPTABLE FOR CARRIAGE
8.1 The following items are not acceptable for carriage to any destination unless otherwise agreed to by FedEx:
- MONEY (coins, cash, currency paper money and negotiable instruments equivalent to cash such as endorsed stocks, bonds and cash letters), COLLECTABLE COINS AND STAMPS;
- EXPLOSIVES (Class 1.3 explosives are not acceptable for carriage by FedEx. In certain countries Class 1.4 explosives may be acceptable for carriage, Customer Service should be contacted prior to shipment for details), FIREWORKS AND OTHER ITEMS OF AN INCENDIARY OR FLAMMABLE NATURE;
- HUMAN CORPSES, ORGANS OR BODY PARTS, HUMAN AND ANIMAL EMBRYOS, CREMATED OR DISINTERRED HUMAN REMAINS;
- SHIPMENTS TO APO / FPO ADDRESSES;
- CASH ON DELIVERY SHIPMENTS;
- FIREARMS, WEAPONRY, AMMUNITION AND THEIR PARTS;
- FOODSTUFFS, PERISHABLE FOOD ARTICLES AND BEVERAGES REQUIRING REFRIGERATION OR OTHER ENVIRONMENTAL CONTROL;
- PLANTS AND PLANT MATERIAL, INCLUDING SEEDS AND CUT FLOWERS (CUT FLOWERS ARE ACCEPTABLE TO CERTAIN DESTINATIONS, INFORMATION AVAILABLE UPON REQUEST);
- LOTTERY TICKETS, GAMBLING DEVICES WHERE PROHIBITED BY LAW;
- PERISHABLES (OTHER THAN UNDER (7)) unless advance arrangements are made;
- PORNOGRAPHY AND/OR OBSCENE MATERIAL;
- SHIPMENTS BEING PROCESSED UNDER the following unless advance arrangements are made:
- CARNETS (allow temporary import for display, etc. without duties);
- DRAWBACK CLAIMS (requests for refunds of import duties at time of export);
- TEMPORARY IMPORT BONDS (allow temporary import for repair, etc.);
- Letters of Credit. Shipments subject to Letters of Credit are generally prohibited, with the exception of shipments subject to Letters of Credit calling for a "courier receipt," as defined by Article 25 of USP 600, shipped using the FedEx Expanded Service International Air Waybill;
- HAZARDOUS WASTE, INCLUDING, BUT NOT LIMITED TO, USED HYPODERMIC NEEDLES AND/OR SYRINGES OR MEDICAL WASTE;
- WET ICE (FROZEN WATER);
- SHIPMENTS REQUIRING FEDEX TO OBTAIN ANY SPECIAL LICENSE OP PERMIT FOR TRANSPORTATION, IMPORTATION OR EXPORTATION;
- SHIPMENTS THE CARRIAGE, IMPORTATION OR EXPORTATION OF WHICH IS PROHIBITED BY ANY LAW, STATUTE OR REGULATION;
- SHIPMENTS WITH A DECLARED VALUE FOR CUSTOMS IN EXCESS OF THAT PERMITTED (See Section 18: DECLARED VALUE AND LIMITS OF LIABILITY);
- DANGEROUS GOODS EXCEPT AS PERMITTED UNDER SECTION 9 “DANGEROUS GOODS”;
- DEAD ANIMALS OR ANIMALS THAT HAVE BEEN MOUNTED;
- PACKAGES THAT ARE WET, LEAKING OR EMIT AN ODOR OF ANY KIND;
- PACKAGES THAT ARE WRAPPED IN KRAFT PAPER;
- 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;
- SHIPMENTS THAT MAY CAUSE DAMAGE TO, OR DELAY OF, EQUIPMENT, PERSONNEL OR OTHER SHIPMENTS.
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 Not all FedEx locations accept dangerous goods, certain FedEx locations do not accept specific classes of dangerous goods and dangerous goods are not accepted to ship via all FedEx services. Shipments falling under the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) need special transport arrangements and the Sender must contact FedEx for shipping confirmation/arrangements prior to shipping. FedEx reserves the right to refuse dangerous goods at any location where they cannot be accepted in accordance with applicable law.
9.2 All Packages containing dangerous goods must comply with the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, the International Air Transport Association (IATA) Dangerous Goods Regulations, all FedEx Express variations listed in the current edition of the IATA tariff or other applicable regulations. The Sender will be solely responsible for any damage caused by his non-compliance with any applicable IATA or other regulations. The Sender must provide and shall be liable for the fully effective packaging of all dangerous goods, in compliance with all requirements with regard to classifications, packaging, marking and labeling, documentation, and with any other applicable laws, regulations or rules. The Sender is also responsible for ensuring the Recipient complies with all applicable laws, regulations and rules. Dangerous goods can only be shipped internationally using the FedEx Expanded Service International (Air) Waybill when using a paper (Air) Waybill (see also Section 14.5: ROUTING AND DELIVERY).
9.3 The Sender must comply with all applicable laws, regulations or rules governing packing, marking and labeling of Shipments of blood and blood products, regardless of whether they are infectious.
9.4 FedEx packaging may not be used to ship dangerous goods (except for Biological Substance, Category B [UN 3373], which may be shipped in the FedEx UN 3373 Pak) (see also Sections 10.3 and 10.4: PACKAGING AND MARKING).
9.5 Lithium batteries (UN 3090) that are Primary Non-Rechargeable require pre-approval to ship. For details, go to fedex.com and enter keyword "lithium batteries."
9.6 Each Shipment must be accompanied by the IATA Shipper's Declaration for Dangerous Goods form when required.
9.7 Note: FedEx may be required by law to report improperly declared or undeclared Shipments of dangerous goods to the appropriate local competent authority. The Sender may be subject to fines and penalties under applicable law. The dangerous goods regulations require every Sender to have job-specific dangerous goods training prior to tendering a dangerous goods Shipment to FedEx or another air carrier. When individuals tender a Shipment containing dangerous goods it must be properly classified, packaged, marked, labeled and identified as dangerous goods, and include the correct dangerous goods documentation.
9.8 FedEx is required to maintain proper segregation of incompatible dangerous goods on all vehicles and aircraft. This necessity may cause the Shipment to move on the next available truck route or flight on which proper segregation can be maintained.
9.9 Money Back Guarantee (see Section 17) is not applicable to Shipments of dangerous goods.
- 10. PACKAGING 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 in an express-transportation environment. Moreover, the Sender must prepare and pack all Packages in compliance with all applicable laws, regulations and rules, including those governing packing, marking and labeling. It is the responsibility of the Sender to properly complete the (Air) Waybill. Recipient’s name or denomination, public place address (name of street, road or other public place and house number) and other, narrower address elements (floor, door, stairway, etc.), if any, destination of the Shipment (name of settlement), country and postcode, phone or facsimile number, as well as Sender’s name or denomination, phone or fax number, public place address (name of street, road or other public place and house number) and other, narrower address elements (floor, door, stairway, etc.), if any, place of dispatch (name of settlement) and postcode must be legibly and durably marked on each (Air) Waybill and Shipment.. For international Shipments, the Sender’s address must include the country in which the Shipment is tendered to FedEx.
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 adequately protected by appropriate packaging by the Sender. FedEx shall not be liable for any damage arising out of changes in temperature or pressure.
10.3 FedEx does not provide temperature-controlled transport. Under no circumstances will FedEx be obliged to add dry ice to Shipments or to provide re-icing services, notwithstanding any oral or written statements from the customer or FedEx to the contrary. FedEx does not recommend the use of wet ice (frozen water) as a refrigerant.
10.4 If the Recipient refuses a Package or the Package leaks, is damaged, or emits an odor (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, 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 refuse or dispose of Package showing indications of Leakage.
- 11. INSPECTION OF SHIPMENTS
11.1. FedEx may, in accordance with the law, or upon the request of the competent authorities, open and inspect any Shipment without notice at any time, and shall incur no liability of any kind therefore. Article 26 is applicable to postal shipments.
11.2. In accordance with applicable regulations 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 or delays (including but not limited to the Money Back Guarantee) as a result of screening.
- 12. CUSTOMS CLEARANCE
12.1 Shipments which cross national borders may have to be cleared through Customs in the destination country prior to delivery to the Recipient. Where FedEx provides customs clearance as additional service, FedEx will on request of Customs provide to Customs all data necessary for clearance, as provided by the Sender (see Section 26: DATA PROTECTION).
12.2 The Sender is responsible for making sure goods shipped are acceptable for entry into the destination country. All Charges for shipment to and return from countries where entry is not permitted are the Sender's responsibility.
12.3 FedEx may in some instances at its sole discretion accept instructions from the Recipient to use a designated customs broker other than FedEx or the broker designated by the Shipper. In any event, FedEx reserves the right to clear the Shipment if the broker cannot be determined or will not perform clearance or if accurate and complete broker information is not provided (including but not limited to name, address, phone number and postal code).
12.4 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. Any FedEx Global Returns service Shipments that are forwarded to a third country must also comply with the export control requirements of the country of first departure. 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 Section 16: 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 obtaining such corrective or complete information.
12.5 When applicable, a Sender residing/established in the European Union may authorize FedEx or its agents to make and file (re-)export declarations and all related actions as a direct representative in the name of and for the account and at the risk of the Sender.
12.6 FedEx reserves the right to assess extra Charges for customs clearance or for services ancillary to the customs clearance of Shipments (“Ancillary Clearance Service Fees”). Customers should contact FedEx for more information on the Ancillary Clearance Service Fees.
12.7 FedEx assumes no responsibility for Shipments abandoned in Customs, and such Shipments may be considered undeliverable (See Section 16: UNDELIVERABLE SHIPMENTS).
12.8 The list of items subject to import prohibition (restriction) effective in the country of the address and other countries where handling takes place is available at http://www.fedex.com/hu/. Notwithstanding the list of items subject to import prohibition (restriction), the provisions of the relevant legislation remains applicable. Upon the request of the Sender, FedEx provides information about import prohibitions (restrictions) provided that the Sender gives all the relevant information to FedEx about the Shipment. In relation to international postal shipments, FedEx draws the attention of the Sender to the fact that the content of the shipment may be subject to import prohibition (restriction) effective in the country of the address and other countries where handling takes place.
- 13. DUTIES AND TAXES
13.1 If and where applicable, without prejudice to Sections 4.6 and 4.7, 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, or placed into a general order warehouse or a customs-bonded warehouse or considered undeliverable (See Section 16: 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 Shipment 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.
13.5 Customs may levy customs duties and/or import VAT or any relevant duties and taxes in arrears, as well as fines, penalties and/or late payment interest on FedEx when inaccurate or incomplete clearing information and/or documentation - such as invoices, (customs)values, currencies or commodity codes - has been provided in relation to Shipments. If the inaccurate or incomplete information/documentation was provided to FedEx by, on behalf of, on the instruction of or under the responsibility of the Sender or Recipient, the Sender, Recipient and - if applicable - the responsible third party will be jointly and severally liable towards FedEx for any such amounts.
- 14. ROUTING AND DELIVERY
14.1 FedEx reserves the right to route a Shipment in any way it deems appropriate. There are no stoppages on route, which are agreed upon at the time of tender of the Shipment. Some Shipments may be consolidated or forwarded by FedEx for transportation on third party vehicle, third party air carriers, or on either a charter or an interline basis as FedEx may determine in its sole discretion. FedEx assumes no obligation to reroute any Shipment to a third country or carry the Shipment by any specified aircraft or other vehicle, or over any particular route or to make connection at any point according to any schedules. FedEx may, without notice, substitute an alternate carrier, aircraft or vehicle, 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 FedEx may deliver to the Recipient at the address mentioned on the (Air) Waybill, or to another person entitled to delivery. Shipment addresses should always include the complete address of the Recipient and its telephone or fax number. The Shipper recognizes and explicitly accepts that in certain destination countries where local law explicitly excludes the application of the Act on Post, the delivery may be made to a third party or to a letterbox or any other place accessible to the Recipient. (Post office box addresses may be used for certain international locations but must include a valid telephone, fax or telex number on the (Air) Waybill. FedEx cannot deliver to U.S. military post office box addresses such as APO and FPO).
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, hospitals, 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, unless otherwise authorized and approved by FedEx prior to shipping.
14.5 Dangerous goods may not be rerouted to an address other than the original intended address of the Recipient provided by the Sender. (Note: Shipments may be made available as hold for pickup or be returned to the Sender.)
14.6 Any requested change to an address that is not a reroute or an address correction is a new Shipment, and new Transportation Charges will apply.
14.7 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”).
14.8 At its sole discretion, FedEx may refuse to pick up or deliver a Shipment, or use alternative pickup or delivery arrangements, to maintain the safety of its employees and in cases in which FedEx believes that its services may be used in violation of any applicable laws, regulations or rules. If the Sender intends to prove that the belief of FedEx is not justified, FedEx shall grant the opportunity for the Sender to do so in situ without any delay. If the belief of FedEx proves to be unjustified, FedEx shall be responsible for packaging the Shipment again and shall bear the liability relating to the packaging, provided that (i) the Shipment’s original package was closed before FedEx had refused to pick up or deliver the Shipment, (ii) the original package had to be opened for the proving, and (iii) the original packaging could be only irreparably opened.
14.9 For B2C Shipments, FedEx offers at selected locations an additional service, pursuant to which FedEx delivers such B2C Shipments in accordance with additional instructions received from the Recipient. The Shipper expressly acknowledges and agrees that THOSE INSTRUCTIONS CAN ALTER THE ORIGINALLY AGREED DELIVERY INSTRUCTIONS AND/OR DELIVERY COMMITMENT TIME. The Shipper and the Recipient each acknowledge and agree that the instructions from the Recipient may relate but are not limited, to (i) postponing the delivery time (ii) delivering to a neighbor(iii) delivering to another address and/or another person, provided such other address is within the same country as stated on the (Air) Waybill, (iv) providing instructions where to leave the B2C Shipment without obtaining a signature for delivery; (v) leaving the B2C Shipment at a pick-up point (e.g. a local store), or (iv) combinations of the foregoing instructions. Regarding the delivery of postal shipments in Hungary, FedEx performs only instructions which allows personal delivery to the Recipient. The parties agree that temporary holding of the Shipment by FedEx pursuant to the Recipient’s instructions, e.g. to postpone the delivery, shall be considered part of the contract made between the Shipper and FedEx.
14.10 The available delivery options for B2C Shipments are subject to time, geographical and other limitations and can be amended from time to time by FedEx without prior notice. Delivery option availabilities and conditions can be consulted at www.fedex.com. The Money Back Guarantee (see Section 17) is not applicable to B2C Shipments for which the Recipient has provided additional delivery instructions in accordance with this provision.
14.11 FedEx shall only accept additional delivery instructions for B2C Shipments. However, should a Recipient provide additional delivery instructions for other than B2C Shipments, then the Shipper and the Recipient each acknowledge and agree to be bound by these provisions.
- 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, where applicable, has cleared customs in a destination station, it will be considered undeliverable (See Section 16: UNDELIVERABLE SHIPMENTS).
- 16. UNDELIVERABLE SHIPMENTS
16.1 An undeliverable Shipment is one that cannot be delivered for reasons that include, but are not limited to, any of the following: (i) the Recipient’s address is incomplete, illegible, incorrect or cannot be located, (ii) the Shipment was addressed to an area not served by FedEx, (iii) the Recipient's place of business is closed (iv) 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, (v) the Shipment is unable to clear customs, (vi) the Shipment would likely cause damage or delay to other Shipments or property, or injury to persons, (vii) the Shipment contains prohibited items, (viii) the Recipient is unable or refuses to pay for a Bill Recipient Shipment, (ix) the Shipment was improperly packaged or (x) the Shipment’s contents or packaging are damaged to the extent that re-wrapping is not possible (xi) in case the Shipment can be considered undeliverable in accordance with applicable local law.
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 – within the deadline specified by the law - will call upon the Recipient to take over the Shipment, and in the event that measure is not successful, FedEx will call upon the Sender to take over Shipment. If neither the Recipient, nor the Sender reply to the demand and the Shipment is not taken over, FedEx will keep the Shipment for 6 months after its dispatch as responsible custodian, then it may destroy the Shipment. If FedEx establishes that the content of the Package is highly perishable, it may immediately open the package and destroy it. Postal shipment is subject to Article 26. If another measure must precede destroying (e.g. attempt to notify) according to the law, then FedEx will proceed accordingly. 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.
16.3. Shipments that cannot be returned due to local regulatory constraints will either be placed in a general order warehouse or a customs-bonded warehouse or disposed of at FedEx’s sole discretion and at any location. The Sender agrees to pay any costs incurred by FedEx in such placement or disposal.
16.4. 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. For returned Shipments containing dangerous goods, the Sender must supply a completed return (Air) Waybill and all other required documents.
- 17. MONEY BACK GUARANTEE POLICY
17.1 FedEx offers Money Back Guarantee additional service in accordance with the definitions of Article 2. For the avoidance of doubt, Money Back Guarantee does not apply to Intra-European Shipments using the FedEx International Economy service. FedEx will upon request either refund or at its option (to be exercised in FedEx’s sole discretion) 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 accepted by FedEx after pick up of the Shipment. Money Back Guarantee is without prejudice to FedEx’s liability for later delivery in case it is specified by mandatory law.
This money-back guarantee, if available (customers should check with FedEx for details), can be suspended, modified or revoked by FedEx at its sole discretion without notice to either the Sender or Recipient. Suspension or revocation will be published in accordance with the provisions applicable to the amendments to these General Terms and Conditions.
In order to qualify for a refund or credit the following limitations apply:
- Where Customs or other regulatory clearances are delayed due to inspection or sampling requirements, or due to Sender's errors or omissions in documentation or the processing of a Package is delayed due to FedEx compliance with aviation or other security requirements, the Delivery Commitment Time is modified by adding one Business Day for each day (or part thereof) that such clearances are delayed;
- 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;
- For Shipments not invoiced by FedEx (whether paid by cash, check, money order, credit card or otherwise) the Sender must notify FedEx in writing of a Service Failure within 15 days after the date of Shipment;
- Notification must include the FedEx Account Number, if any, the (Air) Waybill or Package tracking number, the date of shipment and complete and accurate Recipient information;
- 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;
- 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;
- A refund or credit will be given only if complete and accurate 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;
- A refund or credit will not be given to Shipments delayed due to incorrect or incomplete 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;
- This Money Back Guarantee applies only to Transportation Charges and does not apply to duties, taxes or declared value charges or any other Charges and/or loss or damage suffered by either the Sender or the Recipient;
- 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;
- 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 FedEx Account is not in "cash only" status, and (3) for commercial or business FedEx Accounts, the balance does not exceed the credit limit established by FedEx;
- This Money Back Guarantee does not apply to undeliverable or returned Shipments or any Shipment containing dangerous goods or dry ice;
- 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;
- Credits for Transportation Charges will be applied to the payer’s account only and refunds will be made payable to the payer only;
- A credit or refund under this Money Back Guarantee will be applied only against the Transportation Charges for the Shipment giving rise to the credit;
- An exact Delivery Commitment Time can be obtained only by contacting Customer Service and supplying the following information:
- Commodity being shipped;
- Date of the shipment;
- Exact destination;
- Weight of the Shipment;
- Value of the Shipment;
Any transit time published in the FedEx Service Guide or elsewhere or quoted by Customer Service without the above five required facts, is only an estimate and is not a stated Delivery Commitment Time. FedEx records regarding quoted delivery times will constitute conclusive proof of any such quotes;
- This Money Back Guarantee for Shipments destined for our extended service areas applies only to the portion of the transportation provide directly by FedEx;
- Holidays at the pick up location and/or at the destination location will affect FedEx transit times. Deliveries normally scheduled to be made on the day of holiday observance will be rescheduled for delivery on the next Business Day. The Delivery Commitment Time will be extended for a period equal to the length of the holiday;
- For FedEx International Next Flight service, the quoted Delivery Commitment Time may be changed for many reasons including without limitation the following: flight delays or cancellations due to air traffic control, weather or mechanical problems. If the Delivery Commitment Time is changed the Money Back Guarantee will only be applicable to the latest quoted Delivery Commitment Time.
- This Money Back Guarantee does not apply to Shipments, in particular B2C Shipments, in respect of which the Recipient has provided FedEx with specific delivery instructions in accordance with section 14.9. – 14.11.
17.2 For the FedEx Europe First service option, FedEx will upon request either refund or at its option (to be exercised in FedEx’s sole discretion) 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.
17.3 If the Sender chooses to leave a Shipment at either a FedEx Authorised Ship Centre or a FedEx Drop Box the Delivery Commitment Time will commence when the Shipment is collected by FedEx from the FedEx Authorised Ship Centre or FedEx Drop Box as applicable. Details of the applicable cut off times in force from time to time can be found at the FedEx Authorised Ship Centre or FedEx Drop Box as applicable.
- 18. DECLARED VALUE AND LIMITS OF LIABILITY
18.1 Unless the Sender enters a higher Declared Value for Carriage on the (Air) Waybill and pays the required fee, the liability of FedEx is limited to the higher of a) the amount provided by the applicable international convention or local law; b) € 22 per kilogram; or c) US$ 100 per Shipment.
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 misdelivery 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. Unless contradictory to local law, EVEN IF A HIGHER VALUE FOR CARRIAGE 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. If applicable, the Declared Value for Carriage cannot exceed the Declared Value for Customs. 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. Unless otherwise specified by FedEx, the maximum Declared Value for Carriage is US$50,000 per Shipment except for FedEx International Priority Freight and FedEx International Economy Freight which have a maximum Declared Value for Carriage limit of US$100,000 per Shipment to most destinations. The Sender should refer to the FedEx rate sheets in effect at the time of shipment or call FedEx for an explanation of the declared value limits.
18.4 Shipments containing the following items of extraordinary value are limited to a maximum Declared Value for Carriage of USD 1,000 per Shipment or US$ 9.07 per pound, whichever is greater. Import of any of these items may be prohibited by individual countries and a lower Declared Value for Carriage limit for a country, if any, will control this stated limitation for such items:
- 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 (and their parts) 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;
- Glassware, including but not limited to signs, mirrors, ceramics, porcelains, china, crystal glass, framed glass and any other commodity with similarly fragile qualities;
- Plasma screens;
- 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;
- Stocks, bonds, cash letters or cash equivalents, including but not limited to food stamps, postage stamps (not collectible), travelers checks, lottery tickets, money orders, gift cards and gifts certificates, prepaid calling cards (excluding those that require a code for activation), bond coupons and bearer bonds;
- Collectors items such as sports cards, souvenirs and memorabilia. (Collector’s coins and stamps may not be shipped. See the Items Unacceptable for Carriage section);
- Guitars and other musical instruments that are more than 20 years old and customized or personalized musical instruments.
The Sender is responsible for accurately completing the (Air) Waybill or other shipping documents, including completion of the declared value section. FedEx cannot honor requests to change the declared value information on the (Air) Waybill after tender to FedEx.
The Sender can inspect the rate sheets in effect at the time of dispatch or call FedEx in connection with declared value limits. Import of any of the above items 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. 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.
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 for Carriage of a Package, FedEx's liability for loss, damage, delay, misdelivery, non-delivery, misinformation, any failure to provide information, or misdelivery of information, - unless mandatory law provides otherwise - 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 APPLICABLE INTERNATIONAL CONVENTION AS AMENDED OR, BY THE APPLICABLE, MANDATORY LOCAL LAW, 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 SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME OR PROFITS.
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 To the extent allowed by mandatory local law, 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 or failure to provide information including but not limited to any such loss, damage, delay, misdelivery, non-delivery, misinformation or failure to provide information caused by or resulting from:
- the act, default, or omission of the Sender, Recipient or any other party with an interest in the Shipment;
- the nature of the Shipment or any defect, characteristic or inherent vice thereof;
- 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;
- 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, international 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 (of any entity, including but not limited to other carriers, vendors or suppliers), 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;
- 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;
- 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;
- 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;
- delays in delivery caused by adherence to FedEx policies regarding the payment of duties and taxes;
- the inability of FedEx to provide a copy of the delivery record or a copy of the signature obtained at delivery;
- 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;
- damage in transit or in handling of fluorescent tubes, neon lighting, neon signs, X-ray tubes, laser tubes and light bulbs, quartz crystal, quartz lamps, glass tubes such as those used for specimens and glass containers such as those used in laboratory environments or other inherently fragile items;
- FedEx’s failure to honour “package orientation” graphics (e.g., “UP” arrows, “THIS END UP” markings);
- The Sender’s failure to ship goods in packaging approved by FedEx prior to shipment, where such prior approval is recommended or required;
- FedEx’s failure to notify the Sender of any delay, loss or damage or any inaccuracy in such notice;
- Shipments released without obtaining a signature if a release delivery authorization signed by the Recipient is on file;
- 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;
- loss of or damage to any Package for which FedEx has no record of receipt;
- Shipment of scale models (including but not limited to, architectural models, doll houses, etc.);
- damage to briefcases, luggage, garment bags, aluminum 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;
- damage, delay or loss of any Shipment containing a prohibited item;
- 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;
- The loss or any personal or financial information including but not limited to, social security numbers, dates of birth, drivers license numbers, credit or debit card numbers and financial account information;
- The Sender’s failure to delete all Shipments entered into a FedEx self-invoicing system, Internet shipping device or any other electronic shipping method used to ship a Package when the Shipment is not tendered to FedEx;
- The use of an incomplete, inaccurate, or invalid FedEx Account Number or a failure to provide a valid FedEx Account Number in good credit standing in the billing instructions on shipping documentation;
- The shipment of perishables or commodities that could be damaged by exposure to heat or cold, including, but not limited to, the shipment of any alcoholic beverages, plants and plant materials, tobacco products, ostrich or emu eggs, or live aquaculture;
- Damage to computers, or any components thereof, or any electronic equipment when shipped in any packaging other than:
- The manufacturer's original packaging, which is undamaged and has retained a good, rigid condition;
- Packaging that is in accordance with the FedEx packaging guidelines available on fedex.com;
- FedEx laptop packaging, for Shipments of laptop computers;
- FedEx small electronic device packaging, for Shipments of cell phones, handheld computers, MP3 players and similar items;
- Provision of packaging, advice, assistance or guidance on the appropriate packaging of Shipments by FedEx does not constitute acceptance of liability by FedEx unless such advice, assistance or guidance has been approved in writing by FedEx Packaging Design and Development and the writing expressly accepts liability in the event of a damaged Shipment;
- Damages indicated by any shockwatch, tiltmeter or temperature instruments;
- Failing to meet our Delivery Commitment Time for any Shipments with an incomplete or incorrect address. (See the Undeliverable Shipments section.);
- Loss or damage to alcohol Shipments unless an approved packaging type is used or FedEx Packaging Design and Development has pre-approved such packaging prior to shipment;
- Dangerous goods Shipments that the Sender did not properly declare, including proper documentation, markings, labels and packaging. FedEx will not pay a claim on undeclared or hidden dangerous goods and the FedEx Money Back Guarantee does not apply;
- FedEx will not be liable for the failure to provide any services or service options where FedEx records do not reflect that the services or service options were selected by the Sender.
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. MANAGEMENT OF COMPLAINTS
Assertion of Claims in case of Shipments which do not fall within the Scope of the Warsaw Convention :
21.1 With the following exceptions, the Sender is entitled to assert claims for damages. The Recipient is entitled to enforce claims for damages only if
- the Shipment is delivered to him or to another person authorized to take the Shipment over; or
- the Sender assigned his right to claim damages to the Recipient in writing. Third party may assert claims for damages only if the person entitled to damages assigned his right to claim damages to that third party in writing. Neither the Recipient, nor such third party is allowed to claim damages higher than the amount to which the Sender would be entitled.
21.2 Complaint related to the partial loss of or damages to a Shipment – if these are noticeable – must be immediately indicated on the delivery document. Failure to comply with the above extinguishes the right. In lack of delivery document or in case the partial loss of or damages to the Shipment is not immediately noticeable, the entitled person must submit its written complaint to FedEx within three days after delivery or draw up written minutes about the complaint with FedEx. The claim for damages can be indicated at the time of complaining.
21.3 In case of late delivery of a Shipment shipped with a service that includes guaranteed delivery times, the entitled person must submit its written complaint to FedEx within fifteen days after delivery. Missing this deadline extinguishes the right.
21.4 In case of complete loss or destruction of a Shipment, the entitled person must submit its complaint to FedEx within 6 months after the 15th day following tendering. Missing this deadline extinguishes the entitled person’s right to complain. In case FedEx becomes aware of the complete loss or destruction of the shipment during the management of a complaint and the remaining part of the above specified deadline for claiming damages is less than 30 days when FedEx’s response – stating the fact that the Shipment is completely lost or destroyed – then the above specified deadline is extended for 30 days after the receipt of the response.
21.5 Complaint related to a Shipment can be submitted to FedEx within 6 months after tendering or – in case the complaint’s subject is an activity or behavior – within 30 days after the entitled person becomes aware of that activity or behavior, but not later than 6 months after that activity or behavior is carried out. Missing these deadlines extinguishes the right.
Assertion of Claims in case of Shipments subject to the Warsaw Convention:
21.6 Receipt by the person entitled to delivery of goods without complaint is prima facie evidence that the same have been delivered in good condition and in accordance with the document of carriage.
21.7 In the case of damage, the person entitled to delivery must complain to FedEx forthwith after the discovery of the damage, and, at the latest, within fourteen days from the date of receipt. In the case of delay the complaint must be made at the latest within twenty-one days from the date on which the goods have been placed at his disposal.
21.8 Every complaint must be made in writing upon the document of carriage or by separate notice in writing dispatched within the times aforesaid. Failing complaint within the times aforesaid, no action shall lie against FedEx, save in the case of fraud on his part.
21.9 The Sender will have a right of action against the first carrier, and the person entitled to delivery will have a right of action against the last carrier, and further, each may take action against the carrier who performed the carriage during which the destruction, loss, damage or delay took place. These carriers will be jointly and severally liable to the Sender and the Consignee.
Deadlines for Claim Management
21.10 FedEx must respond to the entitled person’s complaint, notice or claim for damages within 30 days in writing. In its response, FedEx must
- informs the entitled person about the further conditions and proceedings which are necessary to make a decision on merits of the notice,
- establishes whether the notice or the claim for damages has grounds and in the latter case, the excepted date of the payment of damages, or
- – in case the legal basis or the amount of the claimed damages is disputed – informs the claimant about the statutory or contractual provisions on damages and assertion of claims thereto; moreover, in case claimant qualifying as consumer in accordance with Act CLV of 1997 on Consumer Protection (hereinafter: Consumer Protection Act), informs the claimant that he is entitled to initiate consumer’s legal dispute before the conciliation board.
21.11 In case the entitled person submitted his complaint, sign, notice or claim to FedEx within the applicable deadline and his claim for damages has been disputed by FedEx or FedEx has not paid damages within 60 days after the receipt of FedEx’s response establishing the grounds of the claim, the entitled person may assert his claim in court within 1 year after tendering the Shipment. Missing this deadline extinguishes the right. The duration of the conciliation board’s proceedings initiated by consumer’s legal dispute is not to be taken into consideration regarding the above deadline for asserting claims. In case of Shipments that fall within the scope of the Warsaw Convention, the right to damages shall be extinguished if an action is not brought within two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.
21.12 FedEx manages complaints in a free, simple, transparent proceeding free from any discrimination. FedEx keeps records about the management of complaints.
21.13 In case of domestic services and services directed towards the Member States of the European Union, FedEx investigates the complaint within 30 days after its receipt. The investigation related to domestic services or services directed towards the Member States of the European Union can be extended once, for 30 days. The claimant must be informed about such extension.
21.14 FedEx informs the claimant about the result of its investigation in writing without any delay in case of domestic deliveries, or within 15 days after receiving information of foreign service providers in case of international deliveries. FedEx is not liable for the foreign service provider’s delay to provide information if FedEx does everything it could to obtain the information, data from the foreign service provider in a timely manner.
21.15 If the claimant does not accept the response or FedEx does not respond within the applicable deadline, the claimant may file a case to the Nemzeti Média- és Hírközlési Hatóság Hivatala (Office of the National Media and Communication Authority) within 30 days after receiving the response or the expiration of the response deadline in order that the management of his claim will be investigated. FedEx informs the claimant about this possibility in its response to the complaint.
21.16 In case of complaints, letters, messages sent via teletype, facsimile or other device which renders the recipient to permanently store the data addressed to him and to recover the data without any changes to its form and content meet the requirement of written form.
21.17 Claims related to Shipments can be submitted to the following, central customer service:
address: H-2220 Vecsés, Lőrinci út 59. (Airport Business Park)
phone: 06-29-551-900 or 06 40 980 980
facsimile: 06-29-551-901 or 06-29-551-972
FedEx offers the possibility to make an appointment for personal administration over the phone and via electronic email only with respect to its central customer service.
Name and address of the authority of market surveillance:
Nemzeti Média- és Hírközlési Hatóság Hivatala
H-1133 Budapest, Visegrádi u. 106.
Postal address: 1376 Budapest, PO. Box 997
Phone: 36 1 468 0500, Facsimile: 36 1 468 0680
- 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 on.
- 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. MEDIATION
Belgian law allows the users of postal services to request the intervention of the Ombudsman for the postal sector (Rue Royale 97 bte 14 B-1000 Bruxelles (F); Koningsstraat 97 bus 15 B-1000 Brussel (NL)) provided the user introduced its complaint beforehand with FedEx. Such intervention is without prejudice to the provisions of these Conditions.
- 26. DATA MANAGEMENT
26.1 In accordance with the Act on Post, FedEx is entitled to manage and transmit data that FedEx becomes aware of in connection with or during the performance of the services for the performance of tasks carried out in the public interest with regards to the provisions of Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information, subject to the exceptions set out in this article. This Article does not apply to phone conversations between our customers and the customer service. Information and regulation of phone conversations are contained in Annex I. of these Conditions of Carriage.
26.2 Data management’s purpose, duration and nature
In case of postal shipments:
- purpose: performance of the service agreement, accounting for performance, verification of performance, subsequent supervision of performance, provision of data to the Nemzeti Média és Hírközlési Hatóság Hivatala (Office of the National Media and Communication Authority), as well as other purposes as specified by the Act on Post;
- duration: unless otherwise required by the Act on Post or the user, the end of the calendar year following the date on which Shipment is tendered;
- mandatory in accordance with Sections 54-55 of the Act on Post and Section 17/B of Act CLV of 1997 on consumer protection; however, using FedEx’s services – which are the premise of mandatory data management – is voluntary.
In case of Shipments which do not qualify as postal shipment:
- purpose: performance of the service agreement, accounting for performance, verification of performance, subsequent supervision of performance;
- duration: 5 years ;
- based on the data subject’s voluntary consent, but in case of recordings of phone calls of consumers and of phone calls about complaints, it is mandatory in accordance with Section 17/B of Act CLV of 1997 on consumer protection
26.3 In case the Sender provides personal data to FedEx, the Sender must obtain the consent of the data subject in accordance with paragraph 7. of Section 3 of Act CXXII of 2011. Provision of data by the Sender is deemed the Sender’s implied representation that (i) he has obtained the data subject’s consent required by the law and necessary for the transfer of such data to FedEx and the processing by FedEx of this data for in relation to the performance of its services (ii) FedEx is entitled to manage the data in accordance with these Conditions and (iii) he has complied with applicable data protection laws. Where the Shipper has transferred FedEx with data concerning a Consignee or third party in connection with a Shipment, then the Shipper warrants, represents and undertakes that it has complied with all applicable data protection laws including but not limited to providing the relevant data subject with all information in connection with the collection, transfer and processing of such data including, without limitation:
- the identity of FedEx as data manager;
- the purposes of the data management;
- the data which the Shipper will transfer to FedEx;
- information that the data is to be transferred to FedEx and to FedEx' affiliates located in and/or out of the European Economic Area, in particular, the United States;
- the legal basis of the data management (voluntary consent or mandatory by virtue of law), the consequences in case of refusal to provide data;
- the data subject’s rights, in particular the rights specified in Article 27. The Shipper will indemnify FedEx in respect of all costs, claims, damages and expenses suffered or incurred by FedEx in connection with the Sender’s failure to comply with these Conditions.
26.4 Performance of services must not depend on the provision of personal or other data or on consent for data management the purposes of which is not necessary for the performance of the service as requested by the Sender.
26.5 FedEx may use and transmit data of which FedEx becomes aware in connection with and during the performance of its services to data managers or to data processors domiciled in third countries only for the following purposes: performance of the service agreement, accounting for performance, verification of performance, subsequent supervision of performance.
26.6 Fedex may become aware of the content of the Shipment only to the extent necessary for the performance of its services.
- must not open enclosed Shipment with the exceptions specified below;
- may examine unenclosed Shipment only to for the purposes of and to the extent that is necessary for determining data required for picking up, collection, processing, carriage and delivery;
- must not disclose data of which FedEx becomes aware during the performance of its services to anyone – except for the Sender, the Recipient (or other person entitled to delivery), as well as the organizations specified in Section 26.9;
- must not hand over postal shipment to anyone – except for the Sender, the Recipient (or other person entitled to delivery), as well as the organizations specified in Section 26.9 – for the purposes of getting to know the content thereof;
- must not inform anyone – except for the Sender, the Recipient (or other person entitled to delivery), as well as the organizations specified in Section 26.9 – about the performance of its services.
26.8 Regarding paragraph d) of Section 26.7, the person who presents the document certifying the tendering of the Shipment must be considered a person whose rights are identical to the Sender’s rights. Regarding paragraphs c) and e) of Section 26.7, A 26.7, the person who communicates the Shipment’s unique identification data (e.g. code, shipment identifier) and - if necessary – the name and address of the Sender and the Recipient, as well as the Shipment’s address to FedEx via electronic way of communication must be considered a person whose rights are identical to the Sender’s rights.
26.9 By taking appropriate organizational and technical measures, FedEx and the person or organization performing postal intermediary services must ensure that Shipments, text messages and communication handled during the performance of postal services remain confidential. If the relevant conditions of the law are met and upon request, FedEx and the person or organization performing postal intermediary services must hand over or present the postal shipment, text communication or message to the organizations authorized by the law to become aware of the content thereof, as well as must render the observation, storage or manipulation thereof possible.
26.10 FedEx may open enclosed postal shipments if
- the cover of postal shipment is damaged to the extent that it is reasonable to open it for the protection of its content and protection cannot be ensured by repackaging without opening;
- opening is required to prevent danger caused by the content of the postal shipment;
- in the following cases:
- except for the cases explained in paragraphs i) and ii) below, Fedex must keep postal shipments for three months after dispatch, then FedEx may destroy the postal shipment;
- FedEx must keep parcels for three months after dispatch, then FedEx may open the parcel;
- FedEx may immediately open postal shipment if FedEx cannot be expected to keep the postal shipment for the above specified period of time because of the presumably dangerous or perishable nature of its content.
26.11 The fact that a postal shipment is opened must be indicated on the shipment, moreover, the Sender must be notified thereof, if possible. The opening, sale and destruction of postal shipments must take place before a two-member committee, minutes must be kept about these proceedings. FedEx must appoint the members of the committee from its employees, members, agents or contributors. FedEx must keep the minutes for one year after tendering. The Nemzeti Média és Hírközlési Hatóság Hivatala (Office of the National Media and Communication Authority) is authorized to inspect such minutes.
26.12 FedEx must keep each and every document related to the performance of postal services for one year after it is issued or after the validity thereof is expired. FedEx must keep the minutes kept about complaints and responses thereto for five years.
26.13 Information about rights and legal remedies of data subjects is contained in Article 9 of Annex I. of these Conditions of Carriage.
* * *
Federal Express Europe Inc, Federal Express Corporation and FedEx 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.
ANNEX NO. 1 OF THE CONDITIONS OF CARRIAGE APPLIED BY FEDERAL EXPRESS CORPORATION REGARDING HUNGARY
DATA MANAGEMENT POLICY APPLICABLE TO THE CUSTOMER SERVICE LINE OF FEDEX
Federal Express Corporation Magyarországi Fióktelepe (2220 Vecsés, Lőrinci út 59. C. ép. 5.; registered by Budapest Környéki Törvényszék Cégbíróság under Cg.13-17-000083; hereinafter: “FedEx”) hereby informs its customers that it
and manages the recordings of inbound phone calls to its customers service available at phone numbers
- 06 29 551 900
- 06 40 980 980, and
- 36 29 558 760
as well as outbound phone calls initiated by the customer service in accordance with the following.
- 1. The Recording Constitutes Personal Data
Recordings are personal data of natural persons who can be linked to the recordings, as well as to whom conclusions can be drawn from the recordings.
- 2. The Legal Basis of Making and Managing Recordings
The legal basis of recordings depends on the calling persons’ qualities, on the topic of calls and the purpose of the management of recordings.
2.1 The Legal Basis of Making and Managing Recordings in case of Phone Conversation with Consumers
In case of phone conversation between the customer service and a consumer, the legal basis of making and managing recordings is Section 57 of the Act CLIX of 2012 on the post („Act on Post”), as well as Section 17/B(3) of the Act CLV of 1997 on consumer protection („Consumer Protection Act”).
According to the above legal sources, oral complaints submitted to the customer service over the phone, as well as all telephone communications between consumers and the customer service must be recorded.
Therefore, keeping and managing recordings of phone conversations between consumers and the customer service are mandatory notwithstanding the topic of the call.
According to item a) of Section 2 of the Consumer Protection Act, consumer means any natural person who is acting for purposes of purchasing, ordering, receiving and using goods or services which are outside his trade, business or profession, and - in the application of the provisions pertaining to the arbitration board - any civil society organization, ecclesiastical legal entity, condominium association, housing cooperative, micro, small and medium-size enterprise acting for purposes which can be regarded as outside its trade, business or profession, and that is the target of any representation or commercial communication directly connected with a product.
2.2 The Legal Basis of Making and Managing Recordings in case of Phone Conversation with Other Persons not qualifying As Consumer
In case of phone conversation between the customer service and a person not qualifying as consumer, the legal basis of making and managing recordings depend on the topic of the call.
If the topic of the phone conversation between the customer service and a person not qualifying as consumer is a complaint, the legal basis of making and managing recordings is Section 57 of the Act on Post and Section 17/B(3) of the Act on Consumer Protection.
According to the above legal sources, all oral complaints communicated to the customer service must be recorded.
Therefore, making and managing recordings about oral complaints communicated over the phone are mandatory.
2.2.2 Other Topics
If the topic of the phone conversation between the customer service and a person not qualifying as consumer is other than complaint, then the legal basis of making and managing recordings is the informed, voluntary and firm consent of the person not qualifying as consumer.
The consent of the person not qualifying as consumer is implied in its behavior of not hanging up the phone call after receiving information about making and managing recordings of the call.
- 3. The purpose of making and managing recordings
3.1 The purpose of making and managing recordings in case of mandatory data management
In case of recordings made under Sections 2.1 and 2.2.1, the purpose of making and managing recordings is legal compliance, as follows:
- in accordance with item a) of Section 54(2) of the Act on Post, FedEx manages data related to postal services and data acquired during the performance of postal services for the purposes of performing service agreements, accounting for performance, verifying performance, subsequent supervision of performance, provision of data to the Nemzeti Média és Hírközlési Hatóság Hivatala (Office of the National Media and Communication Authority), as well as for other purposes as specified by the Act on Post;
- FedEx must comply with Section 17(3) of the Consumer Protection Act, according to which making and managing recordings in the above cases are mandatory.
3.2 The Purpose of Making and Managing Recordings in case of Voluntary Data Management
The purpose of making and managing recordings under Section 2.2.2 is the following:
- performance of service agreements made with FedEx, performance of agreements made between callers and the customer service, performance of accepted requests and orders of callers, accounting for performance, verification of performance, subsequent supervision of performance.
- 4. The Person entitled to manage Personal Data
Federal Express Corporation Magyarországi Fióktelepe (2220 Vecsés, Lőrinci út 59. C. ép. 5.; registered by Budapest Környéki Törvényszék Cégbíróság under Cg.13-17-000083 is entitled to manage personal data.
- 5. The Data Processor
The recordings are transferred to Federal Express Europe, Inc. & Co., V.O.F. / S.N.C. (seat: Cantersteen 47, 1000 Brussels, Belgium), which is FedEx’s data processor.
- 6. The Duration of the Management of Recordings
6.1 The General Duration of Data Management
With regard to Section 17/B(3) of the Consumer Protection Act, as well as the general statute of limitation of civil law claims, if any, connected to recordings, FedEx manages recordings for five years.
6.2 Revoking Consent
In case a data subject revokes his/her consent given under Section 2.2.2, then FedEx stops the management of the relevant recording and deletes that recording.
- 7. Persons Who Have Access to Recordings
Only FedEx and FedEx’s employees whose access to the recordings is indispensable for reaching the purpose of data management may have access to recordings.
Data processors retained by FedEx may also have access to recordings.
In addition to the above, recordings and personal data may be transferred to third parties only in cases specified by the law, or on the basis of data subject’s consent.
- 8. Other, Important Information
8.1. Identification Number of Recordings, Free Copies
FedEx assigns a unique identification number to each recording. Upon the request of a consumer or a person not qualifying as consumer, FedEx provides a copy of the recording free of charge.
8.2. Management of Oral Complaints
FedEx keeps minutes about oral complaints submitted to the customer service over the phone, or other way of telecommunication. The minutes kept about complaints must contain the following:
- name and address of the user of postal services,
- date of the complaint and way and place of submission;
- detailed description of the complaint of the user of postal services, the list of documents and other evidence presented by the user;
- FedEx’s position in case the complaint can be investigated immediately;
- signature of the person drawing up the minutes,
- date and place of the minutes,
- unique identification number of oral complaint submitted over the phone or other way of telecommunication.
Keeping minutes about consumer’s complaints of any kind, as well as complaints submitted by persons not qualifying as consumer regarding postal services is mandatory under Section 17/A(5) of the Consumer Protection Act.
If the recording contains the above listed content elements – not including the place of the submission of the complaint, the list of documents and other evidence presented by the user, the signature of the person drawing up the minutes and the date and place of the minutes - no minutes have to be kept, provided that the user agrees to that.
8.3. Third Persons’ Data
Consumers and persons not qualifying as consumer may communicate third person’s personal data to the consumer service only if consumers and persons not qualifying as consumer are properly authorized to do so.
By communicating third person’s personal data to the customer service, consumers and persons not qualifying as consumer warrant, represent and undertake that they have complied with all applicable data protection laws including but not limited to providing the relevant data subject with all information in connection with the collection, transfer and processing of such data including, without limitation:
the identity of FedEx as data manager;
- about the fact that the third person’s personal data is transferred to FedEx, and
- about the fact that the third person’s data transferred to FedEx is managed by FedEx in accordance with this Annex No. 1.
Consumers and persons not qualifying as consumer who communicate third person’s personal data must indemnify FedEx in respect of all costs, claims, damages and expenses suffered or incurred by FedEx in connection with the failure of consumers and persons not qualifying as consumer to comply with this Section 8.3.
- 9. Rights and Legal Remedies of Data Subjects
The data subject may request FedEx
- to provide information about the management of his personal data,
- to correct his personal data, and
- to delete or to block his personal data, expect for mandatory data management.
Upon the data subject’s request, FedEx provides information to the data subject about the data managed by FedEx or a data processor retained in accordance with FedEx’s instruction, the sources of the data, the purpose, the legal basis and the duration of data management, the name and address of the data processor and the activity thereof carried out in relation to the data management; moreover, about the legal basis and the addressee of data transfer, if any.
For the purposes of supervising the legality of data transfers, as well as of informing data subjects, FedEx keeps records about data transfers. The records contains the date of the transfers of personal data managed by FedEx, the legal basis and the addressee of data transfers, the definition of the set of transferred data, as well as other data specified by the law that requires data transfer. The law requiring data transfer may limit the duration of the obligation to keep data in the data transfer database and - on the basis thereof - the duration of the obligation to inform data subjects. In case of personal data, the limitation cannot be shorter than 5 years, in case of special personal data, the limitation cannot be shorter than 20 years.
FedEx must give the information to the data subject in writing without undue delay, but not later than 30 days after receiving the data subject’s request. The information must be easily intelligible.
The provision of information must be free of charge if the person requesting information has not been submitted request for information to FedEx in the given year regarding the same data set. In other cases, reimbursement of costs may be required. The reimbursement may be specified by the parties’ agreement. The reimbursement must be paid back if the data was managed illegally or the request for information resulted in correction.
FedEx may reject the data subject’s request only in accordance with Sections 9(1) ad 19 of the Act CXII of 2011 on on the Right of Informational Self-Determination and on Freedom of Information.
In case FedEx denies the data subject information, FedEx informs the data subject in writing about the section of the law on which the denial is based. If FedEx denies the data subject information, FedEx informs the data subject about the possibility to seek remedy in court or at the National Authority for Data Protection and Freedom of Information (the “Authority”).
On a yearly basis, by 31 January each year, FedEx informs the Authority about requests rejected in the preceding year.
If personal data is no true and the true personal data is available, FedEx corrects the personal data. Personal data must be deleted if
- the management thereof is illegal;
- the data subject so requests, except for mandatory data management;
- the data is incomplete or incorrect – and this status cannot be remedied legally – provided that the law does not prohibit deletion;
- the purpose of the data management has ceased to exist, or the deadline specified by the law for storing data has expired;
- if deletion is ordered by court or the Authority.
In case the purpose of data management has ceased to exist or the deadline specified by the law for storing data has expired, the obligation to delete does not concern personal data the data medium of which must be provided to the custody of archives in accordance with the provision on the protection of archived materials.
Instead of deletion, FedEx blocks the personal data if the data subject so requires or – on the basis of information available to FedEx – it is reasonable to assume that the deletion would infringe the data subject’s legitimate interests. Blocked personal data can be managed only until the data management purpose which prohibited the deletion of the personal data has ceased to exist.
FedEx marks the personal data managed by it if the data subject questions the correctness or preciseness of that data, but incorrectness or impreciseness of that data cannot be established unambiguously.
If a data is corrected, blocked, marked or deleted, the data subject to whom it pertains and all recipients to whom it was transferred for data management must be notified. Notification is not required if it does not violate the rightful interest of the data subject in light of the purpose of data management.
If the FedEx refuses to comply with the data subject’s request for correction, blocking or deletion, the factual or legal reasons on which the decision for refusing the request for correction, blocking or deletion is based must be communicated in writing within thirty days of receipt of the request. If correction, blocking or deletion is refused, FedEx must inform the data subject of the possibilities for seeking remedies in court or lodging a complaint with the Authority.
The rights of data subjects mentioned above may be restricted by the law in order to safeguard the external and internal security of the State, such as defense, national security, the prevention and prosecution of criminal offences, the safety of penal institutions, to protect the economic and financial interests of central and local government, safeguard the important economic and financial interests of the European Union, guard against disciplinary and ethical breaches in regulated professions, prevent and detect breaches of obligation related to labor law and occupational safety - including in all cases control and supervision - and to protect data subjects or the rights and freedoms of others.
The data subject shall have the right to object to the management of personal data relating to him:
- if management or disclosure is carried out solely for the purpose of discharging the controllers legal obligation or for enforcing the rights and legitimate interests of the controller, the recipient or a third party, unless management is mandatory;
- if personal data is used or disclosed for the purposes of direct marketing, public opinion polling or scientific research; and
- in all other cases prescribed by law.
If objection is submitted, FedEx investigates the cause of objection within the shortest possible time, but not longer than fifteen days, make its decision as to merits and notifies the data subject in writing of its decision.
If, according to the findings of FedEx, the data subject’s objection is justified, FedEx terminates all processing operations (including data collection and transmission), blocks the data involved and notifies all recipients to whom any of these data had previously been transferred about the objection and the takes measures, upon which these recipients must also take measures regarding the enforcement of the objection.
If the data subject disagrees with the decision taken by FedEx, or if FedEx fails to meet the deadline applicable to the decision, the data subject has the right to file his case in court within thirty days after the date of receiving the decision or after the last day of deadline.
Fedex must not delete the data of the data subject if management thereof has been required by the law. However, data may not be transmitted to data recipient if FedEx agrees with the objection or if the court founds the objection justified.
In the event of any infringement of his rights, the data subject, and in the cases specified above, the data recipient may file his case in court against FedEx. The court will hear the case in fast track proceedings.
The burden of proof to show compliance with the law on data management lies with FedEx.
The case must be heard by the competent general court. If so requested by the data subject, the case may be brought before the general court in whose jurisdiction the data subject’s home address or temporary residence is located.
Persons who otherwise do not have legal capacity to be a party to legal proceedings may also be involved in the case. The Nemzeti Adatvédelmi és Információszabadság Hatóság (National Authority for Data Protection and Freedom of Information) may intervene in favor of the data subject.
If the court decides the case in favor of the plaintiff, the court orders FedEx to provide the information, to rectify, to block or to erase the data in question, to annul the decision adopted by means of automated data-processing systems, to have regards to the data subjects objection.
FedEx is liable for any damage caused to a data subject as a result of unlawful processing or by any breach of data security requirements.
If FedEx violates the personal rights of the data subject as a result of unlawful processing or by any breach of data security requirements, the data subject is entitled to demand grievance fee from FedEx.
FedEx is liable for any damage caused by a data processor acting on its behalf, as well as for any grievance fee payable to the data subject for any violation of his/her personal rights by the data processor. FedEx may be exempted from liability for damages or for payment of grievance fee if FedEx proves that the damage was caused by or the violation of personal rights is attributable to reasons beyond its control.
No damages and no grievance fee is to be paid if the damage was caused by or the violation of personal rights is attributable to the intentional or negligent conduct of the data subject.
Any person may notify the National Authority for Data Protection and Freedom of Information and request an investigation, alleging an infringement relating to personal data or concerning the exercise of the rights of access to public information or information of public interest, or the imminent danger of such infringement.