You, on behalf of yourself and the entity you represent (hereinafter collectively "you" or “Seller”) hereby represent, warrant and covenant that you are a registered eBay seller in good standing in accordance with the applicable eBay User Agreement and shall be so at the time of shipment of any package Federal Express Canada Ltd. (“FedEx Express”) or FedEx Ground Package System, Ltd. (“FedEx Ground”) (FedEx Express and FedEx Ground, collectively, “FedEx”) pursuant to these terms.
- Pricing. FedEx Express and FedEx Ground each agree to provide specified Canadian-domestic and Canadian-export FedEx Express and Canadian-domestic and Canada to U.S. FedEx Ground transportation services, respectively, to you under these terms and conditions (this “Agreement”). For a description of the pricing for such FedEx Express transportation services (expressed as percentage discounts off applicable published Canadian-domestic and Canadian-export FedEx Express transportation rates (in Canadian dollars) in effect at the time of shipment) (the “FedEx Express Pricing”), see FedEx Express Pricing Details below. Except as specified therein, FedEx Express Pricing does not apply to or include applicable special handling fees, surcharges, ancillary and other charges. All applicable special handling fees, surcharges, ancillary and other charges shall apply to FedEx Express shipments hereunder. Except as specified in the FedEx Express Pricing, the amounts of such applicable special handling fees, surcharges, ancillary and other charges shall be the published amounts for such fees/charges in effect at the time of shipment.
Except as specified in the description of the pricing for such FedEx Ground transportation services (the “FedEx Ground Pricing”), see FedEx Ground Pricing Details below, pricing for such FedEx Ground transportation services shall be the applicable published FedEx Ground transportation rates in effect at the time of shipment and all applicable special handling fees, surcharges, ancillary and other charges shall apply to FedEx Ground shipments hereunder at the published amounts for such fees/charges in effect at the time of shipment.
The FedEx Express Pricing and the FedEx Ground Pricing, collectively, are referred to herein as the “Pricing”.
Seller agrees that the Pricing may not be resold or otherwise extended to any other party without the prior written consent of FedEx. For greater certainty, Seller may not under any circumstances sell, assign or transfer (including, but not limited to, through third party billing) the benefit of the Pricing to any third party. Failure to abide by this provision may result in immediate termination of this Agreement in FedEx’s sole discretion.
Pricing in respect of the Seller shall be effective immediately upon the Seller agreeing to and accepting this Agreement by registering online via the FedEx Online Account Discount Registration tool.
The Pricing will only apply in respect of account numbers and barcodes verified by FedEx. Seller acknowledges and agrees that the proper account number(s) must appear on the applicable air waybill or other form of documentation and acknowledges and agrees that Pricing will not be applied to packages that do not correctly reference the proper account number(s).
- Service Guide. Subject to the terms and conditions of this Agreement, Seller acknowledges and agrees that each shipment made with FedEx is subject to the country of origin location’s terms and conditions of carriage and the country of origin location’s FedEx Service Guide in effect at the time of the shipment, which terms are incorporated into this Agreement by reference. FedEx reserves the right to modify the applicable FedEx Service Guide and/or modify the applicable published FedEx Express and/or FedEx Ground transportation rates and/or special handling fees, surcharges, ancillary and other charges at any time without notice. eBay and Participating Sellers are directed to the FedEx web site www.fedex.ca for changes in the FedEx Service Guide (Canadian Edition), www.fedex.com for changes in the FedEx Service Guide (US Edition), and www.fedex.com (through which the country of origin location’s local FedEx website is available) for changes in the FedEx Service Guide of the country of any other origin location. In the event there is a conflict between this Agreement and the applicable FedEx Service Guide, the provisions of this Agreement control.
- Payment Terms. Approval from the FedEx Credit Department is required for every Seller account. Seller acknowledges and agrees to register its credit card information with FedEx. Failure of Seller to comply with payment terms may result in removal of the Pricing and/or termination of Agreement.
- Automation. Unless otherwise mutually agreed, Seller agrees that all shipping locations will use a FedEx online or FedEx compatible shipping solution that is approved and authorized by FedEx, and an agreement for the placement or use of any such shipping solution shall be accepted prior to such use.
- Unexpected Volume. If Seller tenders packages which substantially exceed the number, type, size and/or weight of packages tendered, on average, for the location by Seller throughout the prior year, FedEx may, at its sole option, either accept such packages subject to waiver of money back guarantees (if any) and commitment times, or decline to accept such packages without further obligation of any kind to Seller.
- Confidentiality. Seller agrees that the terms of this Agreement, including the Pricing, are confidential and shall be held in strict confidence. However, nothing herein shall restrict Seller from disclosing any portion of such information on a restricted basis pursuant to a judicial or other lawful government order, but only to the extent of such order and only after Seller provides FedEx with immediate notice of such order so that FedEx may contest the order or obtain a protective order, if it deems necessary. Seller agrees not to post or publicly display the terms of this Agreement or the Pricing. Seller also agrees that any discussions or negotiations regarding the attached Pricing or any changes thereto (including but not limited to any future pricing offering) are also confidential and are subject to this provision of confidentiality.
- Indemnity. (a) Seller shall indemnify, defend and hold harmless FedEx and its parent(s) and affiliates, and its and their directors, officers, employees, representatives, subcontractors and agents, from and against any and all claims, demands, causes of action, losses, damages, judgments, injuries and liabilities, including the payment of attorney’s fees (collectively, “Claims”), by/from third parties, arising out of or in any way related to the offer, sale, distribution and/or use of Seller’s products and/or services, including without limitation: (i) violations of any applicable federal, provincial or local law, regulation, rule or ordinance by Seller; (ii) Seller’s actions or omissions in furtherance of this Agreement; and (iii) Seller’s negligence and/or willful act or omission. Such right to indemnification shall survive the expiration or termination of this Agreement.
- Term. This Agreement commences when this Agreement is agreed to and accepted by the Seller and continues until terminated by either party in accordance herewith.
- Termination. Either party may terminate this Agreement immediately upon written or electronically transmitted notice to the other party due to the other party’s noncompliance with the terms of this Agreement. Either party may terminate this Agreement without cause and without penalty at any time upon fifteen (15) days written or electronically transmitted notice to the other party. Seller acknowledges and agrees that this Agreement shall automatically terminate without notice on the termination or expiry of the FedEx Express Canada Pricing Agreement (Canadian-Domestic; Canadian-Export) FedEx (Canada) Program dated February 16, 2015 between FedEx and eBay International AG (as amended).
- English Language. It is the express wish of the parties hereto that this document be drafted in English. Les parties ont exigé que le présent document soit rédigé en langue anglais.
- Discounts not Cumulative. The Pricing cannot be combined with any other discounts available to you from FedEx, or through any authorized FedEx representative. If you elect to accept the Pricing, no other FedEx discount will be applied to any FedEx shipments made by you. The Pricing will supersede and replace any pre-existing pricing or agreement you have with FedEx.
- General. The Pricing (or any portion thereof) may not be extended to any other party. You may not under any circumstances sell, assign, or otherwise transfer (including, but not limited to, third party billing) the benefit of the Pricing to any third party. Failure to abide by this provision may result in immediate termination of this Agreement, in FedEx’s sole discretion.
- Use of FedEx Name or Logo. You are prohibited from using the FedEx name or logo without the prior written consent of FedEx.
- Shipping Information. You acknowledge and agree that your FedEx shipping information and data may be provided by FedEx to eBay.
- FedEx Ground Pricing Details
- FedEx Ground Pricing Details. The FedEx Ground Residential Delivery Surcharge will be waived for Canada-domestic and Canada to U.S. packages.
||eBay Seller Discount Rates†
||1 to 3 business days by 5 p.m. to businesses and by 8 p.m. to residences in most metropolitan areas
Box 50% off with a minimum transportation charge of $15.
|FedEx 2 Day®
||5 p.m. in 1 to 2 business days to businesses and by 8 p.m. to residences in most metropolitan areas
|FedEx Standard OvernightTM
||Next business day to businesses by 5 p.m. and by 8 p.m. to residences, in most metropolitan areas
|FedEx Priority Overnight®
||Morning, next business day to most metropolitan areas
2 to 3 business days to other areas
|FedEx First Overnight®
||10 a.m. next business day to most metropolitan areas
|International to the U.S.
|FedEx® International Economy**
||Second business day by 4:30 p.m. to businesses and by 8 p.m. to residences in the U.S.
Box 1lb. $18
Box 2-10 lbs. $22
Box 11-20 lbs. 65% off
Box 21+ lbs. 50% off
|FedEx International Priority®
||10:30 a.m. next business day to the U.S.
|International to Rest of World
|FedEx® International Economy
||2 to 5 business days to most major world markets
Box 1 lb. 52% off
Box 2-5 lbs. 48% off
Box 6+ lbs. 43% off
|FedEx International Priority®
||1 to 3 business days to rest of world.
The FedEx Ground Residential Delivery Surcharge (package) will be waived for Canada-domestic and Canada-export packages.