FedEx Cross Border® E-Commerce Terms and Conditions
All FedEx Cross Border® E-Commerce and FedEx Cross Border® E-Commerce Lite services (the “FedEx Cross Border Services” or “Service(s)”) provided by Federal Express (China) Company Limited, including any and all of its subsidiaries, affiliates and branch offices (collectively referred to as "FedEx"), to and for any person or entity using said Services (“Client”) are governed by these Terms and Conditions. FedEx reserves the right, at its sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time and without notice. The current version of these Terms and Conditions supersedes all previous terms and conditions, amendments, supplements and other prior statements concerning the terms and conditions of FedEx Cross Border Services to which these Terms and Conditions apply. FedEx and Client may be hereinafter referred to individually as a “Party” and collectively as the “Parties”.
General Terms and Conditions
a. “Agreement” means the agreement reached between FedEx and Client on FedEx’s provision of FedEx Cross Border® E-Commerce services to Client.
b. “Antique” means an object which is over 100 years old.
c. “Collectable” means something which has appreciated in value either due to its scarcity or due to it being no longer in production.
d. “Shipment” means one or more Parcels sent at one time by a Client.
e. “Fees” means the charges payable to FedEx by Client in accordance with these Terms and Conditions.
f. “Shipping Label” means the label that is affixed to a Parcel in accordance with these Terms and Conditions bearing the name and address of the Recipient and any other required information.
g. “Dispatch” means the time when Client hands a Shipment to a representative or agent of FedEx for conveyance and delivery under the Services.
h. “International Deliveries” means any deliveries to an address outside the country from which the shipment originated.
i. “Parcel” means a package (which includes its contents) sent by Client under any of the Services.
j. “Prohibited and Restricted Items” means items which cannot be sent using the Services as identified in the Agreement and associated lists, or identified by the governmental authorities from time to time. Information relating to Prohibited and Restricted Items can be found in the Section of “Restrictions” of FedEx Standard Conditions of Carriage at https://www.fedex.com/content/dam/fedex/apac-asia-pacific/downloads/fedex-scc-en-cn.pdf (or any replacement URL).
k. “Recipient” means the person or persons to whom a Shipment is addressed.
l. “FedEx”, for purposes of these Terms and Conditions, includes FedEx and its employees, appointed sub-contractors and agents.
m. “Shipper’’ means the original sender of the goods.
n. “Undeliverable” means a Shipment that FedEx has been unable to deliver or in its opinion under the circumstances presented that delivery should not be attempted.
o. “Working Day” means any day on which FedEx and/or its appointed agents’ network are open and operating.
2. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE: The Services are offered by FedEx to Client under these Terms and Conditions and any operating rules or policies that may be published by FedEx at a designated URL (the “Terms and Conditions”). Activation of a Client account or use of any Services offered by FedEx is expressly conditioned upon acceptance of and agreement to these Terms and Conditions. These Terms and Conditions and the Agreement constitute the entire agreement between Client and FedEx regarding the Services. ACTIVATION OF AN ACCOUNT OR USE OF ANY OF THE SERVICES REPRESENTS AND WILL BE DEEMED TO BE CLIENT’S ACCEPTANCE OF AND AGREEMENT TO THESE TERMS AND CONDITIONS. If Client disagrees with any of these Terms and Conditions at any time, Client’s only recourse is to cease using the Services of FedEx. It is Client’s responsibility to review and be familiar with the Terms and Conditions, and continued use of the Services will constitute acceptance of the then-current Terms and Conditions. The Terms and Conditions of FedEx Cross Border® E-Commerce may change, and FedEx will not notify Client for such changes. If needed, please check FedEx website or FedEx Representative for the most updated version of FedEx Cross Border® E-Commerce Terms and Conditions.
4. AGENCY: By activating an account or using any of the Services, Client authorizes FedEx, at its sole discretion and as necessary, to select a licensed customs broker to act as Client’s agent or, if necessary, as Client’s direct representative. Client further authorizes the licensed customs broker selected by FedEx to act on Client’s behalf for the purpose of transacting business with customs or revenue authorities to clear the Shipments and/or Parcels shipped through the Services, and to account for all duties and taxes on Client’s behalf. Client further authorizes and expressly permits FedEx to share with contractors, including without limitation, the selected customs broker, any information related to Client and its Parcels that is necessary for international processing and shipment of Client’s Parcels, including but not limited to customs clearance. Client acknowledges and agrees that the selected broker may require additional documentation or approvals to act on its behalf and provide the requested brokerage services. Client agrees that it will be responsible for timely providing any additional information or documentation required by the broker in order to provide brokerage services, and acknowledges that its failure to do so may delay or prevent the clearance of Parcels or Shipments through customs or delivery into certain destinations and may result in additional fees or charges.
5. SECURITY: Client is solely responsible for maintaining the confidentiality of its password and account information, and for any and all activities that occur under its account. Client agrees to notify FedEx immediately upon discovery of any unauthorized use of its account or any other breach of security. Client must promptly inform FedEx of any actual or apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of its account or password. Until FedEx is properly notified of any breach or suspected breach by Client, Client remains exclusively liable for any unauthorized use of the Services through its account. In consideration for using the Services, Client agrees to: (1) provide certain current, complete and accurate information when prompted to do so by FedEx or the Services system, and (2) maintain and update its information as required by FedEx to keep it current, complete and accurate. If Client provides any inaccurate or incomplete information in its account, FedEx reserves the right to terminate immediately both Client’s account and its right to use the Services.
6. USER CONDUCT: Client’s use of the Services is subject to all applicable local, state, national and international laws and regulations, including but not limited to all People’s Republic of China postal regulations, and all regulations set forth by foreign jurisdictions through and into which Client is shipping. Client agrees not to (1) use the Service for any illegal purposes or to ship hazardous or dangerous materials, as further defined in these Terms and Conditions; (2) interfere with or disrupt any networks connected to the Services, or engage in any activity that violates the regulations, policies or procedures of such networks or attempt to gain unauthorized access to other accounts, computer systems or networks connected to the Services, through password mining or any other means; (3) harass or interfere with another user's use and enjoyment of the Services. Failure to comply with the above may result in immediate termination of Client’s Agreement without notice. Client agrees that it will be responsible for any losses or damages incurred by FedEx as a result of Client’s improper use of the Services, and Client hereby agrees to indemnify and hold FedEx, its parents and subsidiaries, affiliates, officers, directors and employees harmless from and against any and all manner of loss or damage arising from Client’s use of the Services in violation of these Terms and Conditions.
7. INSPECTION: FedEx may, at its sole discretion, open and inspect any Parcel or Shipment without notice. Governmental authorities may also open and inspect any Parcel or Shipment at any time. Client acknowledges and agrees that FedEx may refuse to handle, store or ship any Parcel or Shipment that does not comply with these Terms and Conditions or any applicable rules and regulations. In such circumstances, Client acknowledges and agrees that FedEx shall have no liability (in contract, tort or otherwise) to Client with respect to any such Parcel or Shipment.
8. LIMITATION OF LIABILITY
FEDEX CROSS BORDER® E-COMMERCE SERVICE - ALL SHIPMENTS SHIPPED UTILIZING THE FEDEX CROSS BORDER® E-COMMERCE SERVICE ARE SHIPPED ON A LIMITED LIABILITY BASIS. IN NO EVENT SHALL FEDEX’S AGGREGATE LIABILITY FOR ANY PARCEL SHIPPED UTILIZING THE FEDEX CROSS BORDER® E-COMMERCE SERVICE EXCEED US$66.00 PER PARCEL. THE LIMITATION OF LIABILITY AT US$66.00 PER PARCEL APPLIES TO FEDEX’S LIABILITIES OF LOSS OR DAMAGES UNDER THIS TERMS AND CONDITIONS. Please note that ‘loss’ includes partial or complete loss of the contents of a Shipment and ‘damage’ includes destruction.
If any physical loss of, physical damage to, any Parcel or Shipment, or for the failure of any other aspect of the provision of FedEx Cross Border Services arises from below reasons, FedEx shall not be liable for such loss, damage or failure :
a. Client’s failure or refusal, or the failure or refusal of any Recipient, to take or accept delivery of any shipment within a reasonable time;
b. Insufficient or incorrect labeling or address information;
c. Client’s breach of any of the warranties and representations set forth in the Agreement or these Terms and Conditions;
d. Any seizure of goods under legal process or refusal to allow the goods through customs; and/or
e. Any fraudulent activity related to Client’s account or use of any FedEx Cross Border Services.
FEDEX CROSS BORDER® E-COMMERCE LITE SERVICE –TO THE MAXIMUM EXTENT PERMITTED BY LAWS, FEDEX SHALL NOT BE LIABLE FOR ANY LOSS OF, OR DAMAGE TO, ANY ITEMS OR PARCELS SHIPPED UTILIZING THE FEDEX CROSS BORDER® E-COMMERCE LITE SERVICE.
BOTH FEDEX CROSS BORDER® E-COMMERCE SERVICE AND FEDEX CROSS BORDER® E-COMMERCE LITE SERVICES – FEDEX IS NOT LIABLE FOR ANY CLAMS AND LIABILITIES RELATED TO TRANSIT TIME. “FEDEX CROSS BORDER® E-COMMERCE SERVICES DO NOT PROVIDE ANY COMMITMENT OR WARRANTY ON TRANSIT TIME, AND NO ONE AT FEDEX HAS THE AUTHORITY TO PROVIDE A COMMITTED TRANSIT TIME FOR ANY SHIPMENT UTILIZING THE SERVICES. IN NO EVENT SHALL FEDEX BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOST PROFITS) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAWS AND EXCEPT FOR THE COMPENSATION PROVIDED IN THE 1ST PARAGRAPH OF SECTION 8 OF THIS TERMS AND CONDITIONS, IN NO EVENT SHALL FEDEX BE LIABLE FOR ANY DAMAGES OF ANY TYPE OR KIND (INCLUDING LOST PROFITS) FROM THE PERFORMANCE OF THE SERVICE. IN THE EVENT THE ABOVE DISCLAIMER IS NOT PERMITTED UNDER LAWS, FEDEX’S AGGREGATE LIABILITY SHALL NOT EXCEED US$66.00 PER PARCEL IN ANY EVENT.
CLAIMS – Only Client may file a claim , and only parcels shipped utilizing the FedEx Cross Border® E-Commerce service are eligible for claims. No claim may be filed for any parcel shipped utilizing the FedEx Cross Border® E-Commerce Lite service. Unless the claim for loss of or damage to any Parcel or Shipment or any part thereof is is lodged in writing to FedEx within thirty (30) days after delivery was effected or would in the ordinary course of business have been effected, FedEx has no liability to compensate any Parcel or Shipment, nor be responsible for any claim for the loss or damage of any part of them .
FedEx Cross Border® E-Commerce service currently does not accept any declared value of shipment. Any such declaration is not binding on FedEx, regardless whether it is filled in any transportation document or submitted via any computer system by Client. The shipment value as declared by Client to the customs via FedEx for clearance purpose, should not be binding on FedEx for compensation perspective.
FedEx may make such investigations as it deems necessary to satisfy itself of the validity of any claim and Client shall provide all reasonable cooperation with any such investigation.
FedEx may require Client to substantiate a claim by providing any relevant information about the Parcel or Shipment including but not limited to proof of Dispatch, proof of value, estimates for repair costs, invoices, weight and nature of the item(s) lost or damaged, serial numbers and IMEI numbers for electrical items. This will include requesting that Recipient retain all packaging, or obtain other documentary evidence and/or photographic evidence as requested by FedEx from the Recipient of the Shipment.
Any information requested to substantiate a claim must be made available to FedEx at the address or email address stated above within seven (7) calendar days after the information is requested.
FedEx is not obligated to act on any claim until all transportation charges have been paid. The claim amount may not be deducted from these charges or from any outstanding balance owed to FedEx.
Only one claim can be filed in connection with a Shipment. Acceptance of payment of a claim shall extinguish any right to recover in connection with that Shipment.
Client shall assess and be responsible for the risk of the shipment or communication of sensitive data and documents, with contents including but not limited to names, addresses, bank details, signatures and dates of birth, and FedEx has no transit liability for these items. Client is solely responsible for ensuring that any data stored on electronic media, for example data disks, hard drives, magnetic tapes or pen drives, is suitably encrypted. Client shall indemnify FedEx against all actions, claims, proceedings and judgements together with costs incurred relating to loss, damage or disclosure of such data documents.
FAILURE TO COMPLY WITH ANY OF THE ABOVE CONDITIONS WILL RESULT IN THE DENIAL OF A CLAIM.
9. FEDEX REPRESENTATIONS: EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FEDEX DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND ACCURACY, NON-INFRINGEMENT, OR QUIET ENJOYMENT. FEDEX DOES NOT WARRANT THAT THE SERVICES WILL MEET ANY OR ALL OF CLIENT’S OR ANY USER’S REQUIREMENTS OR THAT THE SERVICES’ OPERATION WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN THE SERVICES WILL BE CORRECTED. FURTHERMORE, FEDEX DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF CLIENT’S OR ANY USER’S ACCESS TO OR USE OF THE SERVICES IN TERMS OF CAPABILITY, RELIABILITY, SECURITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY FEDEX OR AN AUTHORIZED REPRESENTATIVE OF FEDEX WILL CREATE A WARRANTY.
10. CLIENT’S REPRESENTATIONS: Client will not process, accept for shipment, or ship through FedEx Cross Border Services any of the following:
a. Alcohol or tobacco;
b. Goods violating the intellectual property of third parties;
c. Goods that require a license for import or export, including, but not limited to, goods subject to the U.S. International Trade in Arms Regulations, goods requiring a license for export in general, to a particular end-user or to a particular destination pursuant to the U.S. Export Administration Regulations, goods destined for any end-user or destination subject to U.S. economic sanctions or goods subject to any similar licensing requirement of the origin/destination country;
d. Goods prohibited for sale in the destination country;
e. Counterfeit, gray market goods, illegal or otherwise infringing products or materials;
f. Dangerous Goods or Hazardous Materials;
g. Pornographic materials; or
h. Prohibited and Restricted Items.
Client warrants and represents that it will not ship any item that it knows or reasonably suspects to be in violation of any of the items listed above. Client further warrants and represents that it will not ship any item in any Parcel or Shipment that it has not previously disclosed to FedEx and which is not individually listed or identified in the Shipment documentation.
Client further warrants and represents that:
a. Client will not violate any applicable People’s Republic of China or foreign laws, including but not limited to, export, import, copyright, trademark, product safety, or data privacy laws, in utilizing the FedEx Cross Border Services;
b. Client will not cause FedEx to violate any applicable People’s Republic of China or foreign laws, including but not limited to, export, import, copyright, trademark, product safety, or data privacy laws, in utilizing the FedEx Cross Border Services;
c. In the event of any government investigation, including, but not limited to, investigations regarding counterfeit or gray market goods, Client shall provide full cooperation with such investigation;
d. If the Shipment comprises in whole or in part documents, such documents have neither commercial value nor customs value in the country of destination; and Client shall indemnify FedEx against any liability whatsoever resulting from or arising out of the breach of any such warranty; and
e.Client has all necessary consents and licenses to allow FedEx to use the data and information provided by Client pursuant to the Agreement and these Terms and Conditions.
11. LICENSE AND CONDITIONS OF USE OF THE SERVICES
At all times during Client’s use of the FedEx Cross Border Services:
Client will not, and will not authorize others to: (i) use the FedEx Cross Border services with external programs in a manner that circumvents these Terms and Conditions or any other contractual usage restrictions; (ii) license, sub-license, sell, re-sell, rent, lease, transfer, distribute or time share or otherwise make any of the FedEx Cross Border services available for access by third parties except as otherwise expressly provided in these Terms and Conditions; (iii) access the FedEx Cross Border services for the purpose of developing products or services intended to be offered to third parties in competition with FedEx; (iv) disassemble, reverse engineer or decompile the FedEx Cross Border services, FedEx Cross Border systems or other FedEx products or technology; (v) copy, modify or create derivative works of the FedEx Cross Border services; (vi) remove or modify a copyright or other proprietary rights notice in the FedEx Cross Border services; (vii) use the FedEx Cross Border services to reproduce, distribute, display, transmit or use material protected by copyright or other intellectual property right (including the rights of publicity or privacy) without first obtaining the permission of the owner; (viii) use the FedEx Cross Border services to create, use, send, store or run viruses or other harmful computer code, files, scripts, agents or other programs or otherwise engage in a malicious act or disrupt its security, integrity or operation; (ix) access or disable any FedEx or third party data, software or network; (x) communicate any message or material that is defamatory, or, in violation of applicable law, is harassing, threatening, or obscene; (xi) send unsolicited mass mailings in violation of applicable law or regulation; or (xii) use or employ any technique or device that: damages, disables, overburdens, or impairs the FedEx Cross Border systems or the FedEx Cross Border services or interferes with the use or enjoyment of the FedEx Cross Border services by others. Client shall not use or access the FedEx Cross Border services, any FedEx Cross Border systems or other FedEx Cross Border products or technologies in a manner that exceeds Client’s authorized use as set forth in these Terms and Conditions. FedEx may remotely review Client’s use of the FedEx Cross Border services, and upon FedEx’s written request Client shall provide any reasonable assistance, to verify Client’s compliance with these Terms and Conditions.
a. Client will provide FedEx with complete and accurate information about each Parcel or Shipment, as requested by FedEx, sufficient to comply fully with all applicable shipping, import and export requirements. In preparing and submitting all required documentation and/or other required data or submissions to government entities, FedEx relies on the correctness of all information and documentation Client provides, whether in written or electronic format. Client shall ensure, and is solely responsible for, the correctness of all such information provided about each Parcel or Shipment.
b.FedEx will not act as Exporter of Record nor will FedEx assume the responsibilities of Exporter of Record for export of the shipments internationally. Client is and assumes the responsibilities of Exporter of Record for the export of all items it ships through the Services. In the event of a government investigation regarding any such export, Client will provide full cooperation with such investigation.
c. FedEx will not act as Importer of Record nor will FedEx assume the responsibilities of Importer of Record.
d. Client is solely responsible for the following: (i) Client’s use of the FedEx Cross Border Services; (ii) protecting the passwords and other account information related to Client’s account; and, (iii) the lawfulness of, and results obtained from, Client’s access to and use of the FedEx Cross Border Services.
12. RESPONSIBILITY FOR MERCHANDISE & DELIVERY
a. FedEx will not take title to any items shipped or processed through the FedEx Cross Border Services.
b. FedEx has the right to reject any Parcel or Shipment presented to FedEx if its packaging is in any way defective or damaged. If FedEx discovers concealed damage to any item, Client agrees that FedEx shall have no liability for any such concealed damage that was not apparent at the time the item was accepted by FedEx.
c. Client is solely responsible for ensuring that each Parcel being delivered to FedEx follows the labeling requirements set forth in the user guide.
d. FedEx has the sole discretion to select the mode and carrier for transporting all Shipments.
e. THE SERVICES ARE NOT SUBJECT TO ANY COMMITED TRANSIT TIME, AND NO ONE AT FEDEX HAS THE AUTHORITY TO PROVIDE A COMMITTED TRANSIT TIME FOR ANY SHIPMENT UTILIZING THE SERVICES.
13. INTERNAL SCREENING OF PARCELS AND SHIPMENTS: FedEx reserves the right to delay or refuse the shipment of any Shipment that does not meet FedEx internal screening requirements. Client acknowledges and agrees that FedEx may, at its sole discretion, reject the export and/or international delivery of Parcels or Shipments based on potential or perceived issues involving applicable People’s Republic of China, United States of America federal, state and local and/or other foreign sovereign authority laws, rules, regulations or orders issued by any public authority having jurisdiction over any of the operations or activities performed or to be performed by or on behalf of FedEx pursuant to these Terms and Conditions.
14. TITLE AND OWNERSHIP OF FEDEX CROSS BORDER SERVICES AND FEDEX CROSS BORDER SYSTEMS: As between Client and FedEx, all rights, title, and interest in and to the Services and FedEx trademarks, including intellectual property rights, are owned exclusively by FedEx. Except as expressly provided in these Terms and Conditions, FedEx does not grant Client (and expressly reserves) any rights, express or implied, and ownership in the Services. FedEx does not accept ideas, concepts, or techniques for new services or products through its Services. If such information is received, it will not be considered confidential and FedEx will be deemed free to use, communicate and exploit such information in any manner it chooses.
15. RESTRICTED AND PROHIBITED ITEMS
a. Client is solely responsible for ascertaining whether the contents of any Parcel are Prohibited or Restricted items.
b. Client must not ship or attempt to ship a Parcel or Shipment containing any Restricted or Prohibited items by any of the Services. If the Client sends or attempts to send a Parcel or Shipment containing any such Prohibited or Restricted items, Client shall indemnify and hold harmless FedEx and its directors, officers, employees, contractors, sub-contractors and agents, from and against any and all third party claims, demands, losses, damages, costs and expenses (including reasonable attorney’s fees, costs and expenses incidental thereto), arising out of the Client sending or attempting to send such Prohibited or Restricted items.
If a Parcel or Shipment containing any such Prohibited or Restricted item is sent by Client, FedEx may deal with the Parcel or Shipment in its sole and absolute discretion (without incurring any liability whatsoever to the Client or Recipient) including destroying or otherwise disposing of such Parcel or Shipment in whole or in part or returning the Parcel or Shipment to Client, and shall be entitled to charge Client the cost of disposal and all other costs reasonably incurred, and an administrative fee if it chooses to return the Parcel or Shipment or any part of it.
c. FedEx may add or remove items from the definition of Prohibited and Restricted items (and may vary any applicable restrictions) without notice.
d. Client shall be liable to FedEx, its sub-contractors and agents for all loss, damage or injury arising out of the shipment of Restricted or Prohibited items whether declared as such or not.
16. ASSIGNMENT: Client may not, directly or indirectly, in whole or in part, by any means, assign, transfer or delegate any of its rights or obligations under these Terms and Conditions without FedEx’s prior written consent. Any attempted assignment, transfer or delegation without such prior written consent will be void and unenforceable. FedEx may assign all or any part of its rights and delegate its duties under these Terms and Conditions to any Affiliate that owns, is owned by, or is under common ownership with FedEx. Without limiting the foregoing, these Terms and Conditions will be binding upon and inure to the benefit of the Parties and their permitted successors and assigns.
17. GOVERNING LAW: These Terms and Conditions shall be interpreted in accordance with the laws of the origin country of the Shipments, without regard to or application of choice of law rules or principles. The Parties hereby agree to exclude the application of the United Nations Convention on Contracts for the International Sales of Goods (1980) as may be amended.
18. NO WAIVER: The waiver by FedEx of any term, condition, or provision of these Terms and Conditions must be in writing and signed by an authorized representative of FedEx (with the position of Managing Director or above). Any such waiver will not be construed as a waiver of any other term, condition, or provision except as provided in writing, nor as a waiver of any subsequent breach of the same term, condition, or provision.
19. SEVERABILITY: If one or more provisions of these Terms and Conditions are held to be unenforceable under applicable law, such provision shall be modified and interpreted to accomplish the objectives of such provision to the greatest extent permitted under applicable law, and the balance of these Terms and Conditions shall remain enforceable.
20. RELATIONSHIP OF THE PARTIES: Client’s activation of its account or its use of the Services does not create, and shall not be deemed or interpreted as creating, any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Client and FedEx. Client acknowledges and agrees that Client will have no authority to make or accept any offers or representations on behalf of FedEx. Client will not make any statement that reasonably would contradict anything in this paragraph.
a. FedEx may engage agents and/or sub-contractors to perform all or any part of the Services.
b. Nothing in these Terms and Conditions (nor anything else), shall confer on any third party any benefit, nor the right to enforce any of these Terms and Conditions.
c. FedEx reserves the right to refuse to carry any Shipment at its discretion whether before or after carriage has commenced and upon such refusal, Client shall have no right or recourse against FedEx.
d. Any notice, report or other communication by FedEx to Client may be delivered in written or by email or electronic data interchange form.
22. DELIVERY TO AN ADDRESS: FedEx undertakes to deliver a Parcel or Shipment to the address specified on the Shipping Label.
a. With respect to attempted deliveries, if there is no one present at the address, then FedEx may, at its sole discretion:
i. leave the Parcel or Shipment at the address specified on the Shipping Label;
ii. attempt to deliver the Parcel to an alternative address being either:
1. a neighboring address;
2. a local Post Office branch, or appointed pick up location where it can be collected; or
3. access an alternative delivery network in the destination country.
If the Shipment is delivered to an alternative address, a client contact card may be left at the specified address with sufficient information to enable the Recipient to recover the Shipment. Client agrees that such delivery to an alternative address shall constitute delivery of the Shipment.
b. Due to the service nature of FedEx Cross Border® E-Commerce, it may involve multiple consignees, FedEx would not be able to commit that it would implement Client’s instructions, e.g. after FedEx starts shipping, to suspend, return the Shipment during the middle of transportation, change the consignee address or consignee, and etc. Client is fully aware the abovementioned risk, and agrees FedEx take no responsibility for not accepting or being not able to implement the abovementioned request.
c. Consignee may appoint FedEx or other carrier to deliver the Shipment to other address or person other than those designated in the shipping labels. Client is fully aware and understands this risk, and agree FedEx shall have no liability for following the abovementioned instructions.
d.FedEx shall not be liable for any Shipment delivered to the delivery address on the Shipping Label, or other address specified by the Recipient, where any person misrepresents his authority to receive the Shipment on the Recipient’s or Client’s behalf, or where FedEx is delivering it in accordance with instructions from, or purporting to be from the Recipient or the Client.
e. When delivering a Shipment, if the particular Service provides for it, FedEx may request the person who accepts delivery (not necessarily the Recipient in person) to sign an acknowledgment of receipt, which may include signature by electronic means.
23. MAXIMUM SIZES AND WEIGHTS
Each Parcel must comply with the following size and weight limits.
For FedEx Cross Border® E-Commerce:
Size Limits: Max. Length – 59 in. and no other dimension can exceed the combined girth of 98.4 in.
Weight Limit: Max Weight – 66 lbs.
For FedEx Cross Border® E-Commerce Lite:
Size Limits: Maximum size of length + depth + width cannot exceed 35.4 inches, with no single dimension exceeding 23.6 in.
Weight Limit: Max. Weight – 4.4 lbs.
24. ADDRESSING AND DOCUMENTATION
a. Client shall detail the full and correctly formatted delivery address, including the postcode (or local equivalent) on each Parcel and Shipment and each Shipment must be accompanied at the time of Dispatch by fully completed dispatch documentation (e.g., the manifest, including service indicators and barcodes) as supplied by FedEx for the Service used.
b. Client shall retain all Client receipts and/or copies of dispatch documentation relating to the Dispatch as these will be required to support any claim for transit liability and/or refund under these Terms and Conditions.
c. For International Deliveries, Client shall fully complete, prepare, sign (as appropriate) and attach all documentation required by any applicable customs authority. Client acknowledges that failure to timely and fully complete and sign any required customs declaration or other documentation may result in customs clearance delays and/or loss or damage to a Parcel, for which FedEx bears no responsibility.
d. Client recognizes the right of international customs authorities to inspect packages and documentation and for customs to instruct FedEx to open any Parcel for examination, and FedEx shall incur no liability of any kind as a result of compliance. Client authorizes FedEx or its agents to print necessary documentation, if possible, for the purpose of customs clearance either in the origin country or abroad.
25. CARGO SECURITY REGULATIONS
a. Client shall ensure that all Shipments do not contain Prohibited or Restricted Items. Client must provide all requested information for each Shipment for inclusion on the Shipping Label and associated documentation.
b. All Parcels and Shipments are subject to security screening. In accordance with applicable regulations in various jurisdictions FedEx and their agents may be required to undertake x-ray screening of Parcels or Shipments and FedEx and their agents shall have no liability in respect of any resulting loss, damage or delay, which may include the use of X-ray equipment.
c. Client represents and warrants that it will prepare every Parcel and Shipment in secure premises, by reliable staff employed by Client, and that each Parcel and Shipment will be protected against unauthorised interference during preparation, storage and transportation immediately prior to its hand over to FedEx.
d. FedEx reserves the right at its discretion to open and inspect at any time any Parcel or Shipment in order to ensure that such Parcel or Shipment is acceptable for transportation to the country of destination within FedEx’s standard operating procedures, customs declarations and handling methods. Whether or not FedEx exercises this right, FedEx does not waive any of its other rights pursuant to these conditions, and in making such reservation or exercise such right FedEx does not represent or warrant that the Parcel or Shipment or part thereof is acceptable or is capable of carriage without infringing any applicable laws, customs, rules and regulations.
26. SERVICE STANDARDS AND DELIVERY
a. FedEx Cross Border® E-Commerce service does not provide any commitment on transit time, and no one at FedEx has the authority to provide a committed transit time for any shipment utilizing the Services.
b. Shipments will only be delivered on Working Days or where FedEx deems it necessary to deliver on non-working days.
c. If a Shipment is dispatched other than on a Working Day, or after the latest acceptance time on a Working Day, it will be deemed to have been dispatched on the next Working Day.
a. If an undelivered Shipment is held by FedEx and is not claimed within the time specified on the original delivery attempt notification, the Shipment will be returned as undeliverable or otherwise disposed of, and the applicable charges will be the responsibility of Client.
b. FedEx assumes no responsibility for its inability to complete a delivery due to incorrect information or missing documentation, whether or not FedEx attempts to notify the Recipient or Client. FedEx shall be entitled to charge an administrative fee for obtaining such corrective or complete information.
c. If the Shipment is undeliverable due to the reasons including but not limited to the prohibition of entry and exit by government authorities, being rejected, or misinformation provided by the Client, FedEx shall not take any responsibility. FedEx has the right, without Client’s consent, to return such Shipment at an appropriate method under FedEx’s sole discretion, and Client shall be responsible to pay the charges for such return and storage (which is caused during the period of making decision on how to deal it).
d. If a Recipient refuses to pay any customs charges and/or duties (or any associated handling charges levied by FedEx) owed for a Shipment and, as a result, the Shipment or a part of the Shipment is not delivered, FedEx shall not incur any liability and the Shipment (or relevant part) will only be returned to Client if Client so instructs, provided that the return is permissible under applicable regulations and/or instructions from customs authorities. If Recipient refuses to pay any amounts owed at the time of delivery, Client will be responsible for all such amounts owed plus any applicable return carriage charges.
e. If Client refuses to pay the charges referred to in 27.d above, FedEx may dispose of the Shipment (or relevant part) as it sees fit.
f. FedEx shall have a lien over any Parcels or Shipments for any amounts owed from Client and FedEx reserves the right to sell Parcels or Shipments to recoup any monies due.
g. Client authorizes FedEx to deliver a Shipment, or any part thereof, to such post office or delivery agent in such country as FedEx may, in its sole discretion, elect. FedEx shall not be liable for any loss or damage to the Shipment, or any part thereof, arising from any actions by any such post office or delivery agent and/or customs authority or other persons acting on their behalf on any grounds including, but not limited to, the grounds that the Shipment or any part thereof contravenes or is alleged to contravene Article 25 of the 1994 UPU Seoul Convention (and any amendment or replacement thereof) in any manner or form. FedEx shall take reasonable steps to return to Client any Shipment that is returned to FedEx by any such post office or delivery agent. For this purpose, Client expressly authorises FedEx to open any such Shipment to determine Client’s return address. If FedEx is unable after reasonable inquiry to determine where any Shipment should be returned, FedEx may dispose of or deal with such items at its discretion with no liability.
a. Charges are set out in the applicable rate card or other similar documentation. FedEx reserves the right to amend its prices at any time. WITHOUT PREJUDICE TO THE APPLICABLE LAWS, FEDEX RESERVES THE RIGHT TO ASSESS AND IMPOSE SURCHARGES ON SHIPMENTS WITHOUT NOTICE. The duration and amount will be determined at FedEx’s sole discretion. Client, by tendering a Shipment to FedEx, agrees to pay the surcharges in force at the time of order. Details of current surcharges are available upon request. FedEx will strive to provide advanced notice to Client of any such increases or surcharges.
b. Client shall pay to FedEx the Fees and any other charges relating to the Services selected at the time of purchase by the method specified by FedEx. Any Fees or charges incurred or levied after purchase shall be due and payable (together with any unpaid Fees and charges), within the timescale and in the manner specified by FedEx from time to time, which currently are on demand. Such additional charges may include, but are not limited to, handling charges, charges for enhanced transit liability, returning/disposing of Undeliverable items, providing hardcopy proof of delivery and re-packaging.
c. Except as otherwise provided in these Terms and Conditions, Client shall be liable for all duties, levies, taxes, imposts, deposits or outlays of any kind whatsoever levied by any authority whosesoever for or in connection with the contents of a Shipment and for any payment, fine, expense, loss or damage whatsoever suffered or incurred by FedEx in connection therewith.
d. Storage fees for held shipments – A Recipient has 30 days from the date of the notification to make payment of the applicable duty and customs charges owed for any given Parcel. Upon payment the Parcel will be released for delivery. If payment is not received within the 30-day period, or if Recipient refuses to pay the charges owed, Client will be responsible for the outstanding charges. The Parcel will then be held for an additional 15 days for Client to determine whether to return or destroy the Parcel. If Client fails to inform FedEx to either return or destroy the Parcel within the 15-day period (e.g., a maximum of 45 days from the date of the initial notification to Recipient), then Client will incur a storage charge for each day at a rate provided in the applicable rate card thereafter until Client informs FedEx to either return or destroy the Parcel.
e. FedEx reserves the right to charge administrative fee at the rate provided in the applicable rate card each time FedEx has to amend or revise Client’s pre-advice data that was either insufficient or incorrect at the time it was initially submitted. Additionally, should FedEx be charged any costs by any third party for correction of address information or asked to intercept and return a Parcel or Shipment, FedEx reserves the right to request Client’s payment of such expenses, in addition to the administrative fees described herein.