Conditions of Carriage
These Conditions of Carriage EXCLUDE LIABILITY on the part of FedEx and its employees or agents for loss, damage and delay in certain circumstances; LIMIT LIABILITY to stated amounts where liability is accepted and REQUIRE NOTICE OF CLAIMS within strict time limits. Senders should note these Conditions carefully and where necessary obtain insurance cover in order to protect their interests.
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 EUROPE, THE MIDDLE EAST, THE INDIAN SUBCONTINENT AND AFRICA EFFECTIVE FROM AUGUST 6, 2012 (updated on December 6, 2013)
- 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, utilising the following services or service options of FedEx (if and where available): FedEx Europe First, FedEx International Next Flight, FedEx International First, FedEx International Priority, FedEx International Priority Freight, FedEx International Priority Plus, FedEx International Broker Select, FedEx International Priority DirectDistribution, FedEx International Economy, FedEx International Economy Freight, FedEx International MailService, FedEx 1Day Freight, FedEx Priority Overnight and FedEx Standard Overnight. These services may be modified by FedEx from time to time. Upon request, customers can be informed about the areas that are served by FedEx. 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/globalreturns or contact Customer Service for details.
1.2 The carriage by air of a Shipment may be subject to the Warsaw Convention of October 12, 1929, as amended by the Hague Protocol of September 28, 1955 and all subsequent applicable Protocols 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.
1.3 These Conditions supersede all previous published terms and conditions of FedEx service to which these Conditions apply. FedEx reserves the right to unilaterally modify, amend, change or supplement these Conditions without notice. These Conditions are published in printed form and electronically at www.fedex.com. The electronic version at www.fedex.com is controlling. These Conditions supplement and detail the general terms and conditions on the back of the (Air) Waybill. In case of conflict between these Conditions and the terms and conditions on any FedEx (Air) Waybill, manifest, shipping label or other transit documentation, these Conditions control to the extent that they do not conflict with the 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.
1.4 These Conditions (which term includes those agreements and conventions expressly referred to herein) represent the entire agreement between the parties and, subject to Section 1.3., shall prevail over, exclude and supersede any other terms or conditions, oral or written, wheresoever appearing or made and, in particular, any terms or conditions sought to be incorporated by the Sender or any other written or oral statements concerning these Conditions. The Sender confirms that it does not rely upon or claim any other terms, warranties, conditions or representations relating to the use of the services under this Agreement.
1.5 These Conditions shall not be overridden or varied or added to except by express agreement in writing between the Sender and a representative of FedEx having the express written authority to do so.
1.6 The Sender will be bound by the signature of any of its employees, servants and agents on the (Air) Waybill.
- 2. DEFINITIONS
"Conditions" shall mean these Conditions of Carriage which term shall also include those agreements, 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. The contract of carriage is with the FedEx subsidiary, branch or independent contractor which accepts the Shipment from the Sender.
"FedEx 1Day Freight, FedEx Priority Overnight and FedEx Standard Overnight Shipments" means intra-country Shipments within selected countries in EMEA where both the Shipper and the Recipient are within the same country.
"The Sender" or "The Shipper" means the person (natural or legal) whose name is listed on the (Air) Waybill as the sender.
"The Recipient" or "The Consignee" means the person whose name is listed on the (Air) Waybill as the recipient
"Package" means any single parcel or piece that is accepted by FedEx, including any such items tendered by the Sender utilizing FedEx automated systems, meters, manifests or (Air) Waybills.
"Shipment" means one or more pieces, either Packages or freight, moving on a single (Air) Waybill.
"(Air) Waybill" means any shipping document, manifest, label, stamp, electronic entry or similar item used in the FedEx transportation system.
"Transportation Charges" means the fees, charges and amounts assessed or levied for movement of a Shipment by FedEx in accordance with these Conditions or any conditions or fees subsequently imposed, but not including other fees or charges which may be assessed, such as (but not limited to) declared value charges, special handling fees, customs duties and taxes and surcharges.
"Business Day" means any day on which businesses in the country 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 that value, if any, indicated by the Sender on the (Air) Waybill, constituting the maximum amount FedEx liability in connection with the Shipment of the Package.
"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, 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.
“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 pursuant to a commercial transaction between a Shipper-trader (a person (natural or legal), acting for professional purposes) and a Recipient-consumer (a natural person, acting outside of her/his professional purposes).
- 3. RATES
Rates and service quotations by employees and agents of FedEx will be based upon information provided by the Sender but final rates and service may vary based upon the Shipment actually tendered and the application of these Conditions. FedEx is not liable for, nor will any adjustment, refund or credit of any kind be made, as a result of any discrepancy in any rate or service quotation made prior to the tender of the Shipment and the rates, and other Charges invoiced to the customer. FedEx 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.
- 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 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 centimetres) 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 Package size and weight restrictions vary by country or FedEx services. Details are available upon request.
7.2 There is no limit on the aggregate weight of a multiple piece Shipment provided each individual Package within the Shipment does not exceed the per Package weight limit specified for the destination. Shipments exceeding 225 kilo require advance arrangement with FedEx. Details are available upon request.
7.3 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.
7.4 FedEx Envelope and FedEx Pak Shipments must be tendered in the appropriate FedEx packaging.
7.5 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.
7.6 The Sender is allowed to ship up to ten different commodities on a single (Air) Waybill.
7.7 The Shipper is allowed to ship up to 9,998 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 labelling, 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 labelling 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 and in compliance with all applicable laws, regulations and rules, including those governing packing, marking and labelling. It is the responsibility of the Sender to properly complete the (Air) Waybill. Each Shipment must be legibly and durably marked with the name, street-, city- and country address including postcode of the Sender and the Recipient. For international Shipments, the Sender’s address must state 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 d