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 July 28, 2018)
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 fedex.com/ukservices/services/terms.html for the conditions of carriage applicable to domestic Shipments carried within the United Kingdom and 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 fedex.com. The electronic version at 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.
The Sender will be bound by the signature of any of its employees, servants and agents on the (Air) Waybill.
“B2C Shipments” means Shipments pursuant to a commercial transaction between a business-Sender (acting for professional purposes) and an individual consumer-Recipient (acting outside of their professional purposes), and Shipments for which no details were completed in the ‘business name’ field of the (Air) Waybill.
“Business Delivery” means delivery made to a commercial or business premises, excluding homes, private residences and B2C Shipments.
"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.
“Residential Delivery” means a delivery made to a home or private residence, including locations where a business is operated from the home, and/or a delivery in which the Sender has designated the delivery address as residential.
"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 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 fedex.com.
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.
4.1 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 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 For Shipments initiated with the ‘Create Import Shipment’ feature on FedEx Ship Manager™ at fedex.com, notwithstanding any payment instructions that are given to FedEx, the party that initiates the import shipment transaction with FedEx is liable for, will be billed for, and agrees to pay, all charges and fees including any special handling fees and any duties or taxes for such Shipments.
Shipments initiated via the Create Import Shipment feature on fedex.com are governed by the terms and conditions applicable to the country from which the shipment originates. Those terms and conditions of service may vary from country to country. Consult our local office in the origin country for details.
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 FedEx Conditions of Carriage 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 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.
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.
7.1 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 kg 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.
8.1 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 OR 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.
9.1 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.
10.1 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 damaged, or emits an odour (collectively "Leakage") it will be returned to the Sender, if possible. If the Package is refused by the Sender, or it cannot be returned because of Leakage, 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.
11.1 FedEx may, at its sole discretion, 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.
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.
12.1 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, 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).
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 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.
14.1 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 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 someone other than the person or entity named on the (Air) Waybill having apparent authority to accept the Shipment in the name and on behalf of the Recipient. 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, 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 Saturday delivery, if available, will be subject to a special handling fee in those countries where Saturday is not a regular Business Day.
14.8 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").
14.9 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.
14.10A Delivery Instructions from Shipper
FedEx offers one or more Delivery Signature Option which may be selected by the Shipper at the time of completing the (Air) Waybill. Delivery Signature Options are not available for all Shipments and are subject to geographical and other limitations and can be amended by FedEx from time to time without prior notice. Delivery Signature Option availability and conditions can be consulted at fedex.com.
The Shipper and Recipient each acknowledge that the Delivery Signature Options selected by the Shipper may relate, but are not limited, to: (i) release of a Shipment without a signature for delivery; (ii) delivery to a neighbor or doorman/building manager or similar; (iii) release of a B2C Shipment only to a legal adult at the delivery address; (iv) or any combination of the foregoing instructions. Selection of a Delivery Signature Option by the Shipper will take precedence to any additional delivery instructions received from the Recipient. The Shipper’s and Recipient’s attention is drawn to Section 19.4e of these Conditions of Carriage.
Additional surcharges may be levied in respect of Delivery Signature Options. The Shipper’s and Recipient’s attention is drawn to Section 22 of these Conditions of Carriage.
In the event a Delivery Signature Option is not selected FedEx will follow its standard delivery procedures.
14.10B Delivery Instructions from Recipient
At selected locations, B2C Shipments may be delivered 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) any combinations of the foregoing instructions. The parties agree that temporary holding of the B2C Shipment by FedEx pursuant to the Recipient’s instructions, e.g. to postpone the delivery, shall be considered part of the contract of carriage.
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.
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.
15.1 Business Deliveries. FedEx will re-attempt delivery either automatically or upon request if: (1) no one at the Consignee address or a neighboring address is available to sign for the package and there is no signature release on file; (2) the shipper has selected a FedEx Delivery Signature Option and no eligible Consignee is available to sign for the package; or (3) FedEx, at its sole discretion, determines the package may not be released. If the Business Delivery has not been delivered after three (3) attempted deliveries or after being held for five (5) Business Days from the date of first delivery attempt and, where applicable, has cleared customs in the destination country, it will be considered undeliverable (see Section 16: Undeliverable Shipments).
15.2 Residential Deliveries and B2C Shipments. If a Residential Delivery or a B2C Shipment cannot be delivered on the initial attempt, FedEx may, at its sole discretion, either re-attempt delivery, hold the shipment until receiving further delivery instructions from the Consignee, or deliver to a location to be determined by FedEx. If a Residential Delivery or a B2C Shipment cannot be delivered through a re-attempt(s), or the Consignee does not provide further delivery instructions, or FedEx cannot facilitate delivery to another location to be determined by FedEx, the shipment may be considered undeliverable (see Section 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.
16.2 If a Shipment is undeliverable for any reason, FedEx may attempt to notify the Sender to arrange for the return of the Shipment, without prejudice to any local regulatory constraints. If the Sender cannot be contacted within five (5) Business Days or fails to give instructions within a reasonable period of time as determined by FedEx, FedEx at its sole discretion, may return the Shipment to the Sender; or place the Shipment in a general order warehouse or customs-bonded warehouse or dispose of the Shipment. If a Shipment cannot be delivered, cleared through customs or returned, the Shipment may be transferred or disposed of by FedEx at its sole discretion. 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 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.
17.1 FedEx offers a Money Back Guarantee for the following services or service options (if and where available): FedEx Europe First, FedEx International First, FedEx International Next Flight, FedEx International Priority, FedEx International Priority Freight, FedEx International Economy (intercontinental Shipments only), FedEx International Economy Freight, FedEx International Priority Plus, FedEx International Broker Select, FedEx International Priority DirectDistribution, FedEx Standard Overnight, FedEx 1Day Freight, FedEx Priority Overnight. 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 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.
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.
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 provided 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 all Shipments, in particular B2C Shipments, in respect of which the Recipient has provided FedEx with specific delivery instructions in accordance with section 14.10.
17.2 For the FedEx Europe First service option, FedEx will upon request either refund or at its option (to be exercised in FedEx 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.
18.1 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 treaty or local law; or b) € 22 per kilogram; or c) US$ 100 per Shipment. For FedEx Economy, FedEx 1Day Freight, FedEx Priority Overnight and FedEx Standard Overnight Shipments within Austria, Belgium, Denmark, Luxembourg, the Netherlands, Switzerland and the United Arab Emirates, the liability of FedEx is limited to the higher of a) the amount provided by the applicable local law; or b) € 10 per kilogram; or c) US$ 100 per Shipment, unless the Sender enters a higher Declared Value for Carriage on the (Air) Waybill and pays the required fee. For FedEx Economy, FedEx 1Day Freight, FedEx Priority Overnight and FedEx Standard Overnight Shipments within Germany, the liability of FedEx is limited to the higher of a) € 4 per kilogram in accordance with the German Commercial Code (HGB); or b) US$ 100 per Shipment, unless the Sender enters a higher Declared Value for Carriage on the (Air) Waybill and pays the required fee.
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 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. 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;
- Jewelry, including but not limited to, costume jewelry, watches and their parts, mount gems or stones (precious or semiprecious, cut or uncut), industrial diamonds and jewelry 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), travellers 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 honour requests to change the declared value information on the (Air) Waybill after tender to FedEx.
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. FedEx acceptance (whether inadvertent, intentional or otherwise) for carriage of any Shipment bearing a declared value in excess of the allowed maximums does not constitute a waiver of any provision of or limits within these Conditions as to such Shipment.
18.8 If the Declared Value for Carriage for a Shipment exceeds the authorised limits (see Sections 18.3 and 18.4), such value shall automatically be reduced to the authorized limits for such Shipment.
18.9 Regardless of the Declared Value for Carriage of a Package, FedEx liability for loss, damage, delay, misdelivery, non-delivery, misinformation, any failure to provide information, or misdelivery of information, will not exceed the Shipment’s repair cost, its depreciated value or its replacement cost, whichever is less.
19.1 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, FOR SHIPMENTS FROM AND BETWEEN SPECIFIED LOCATIONS WITHIN ONE COUNTRY, BY THE APPLICABLE 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 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, nondelivery, 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 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 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 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 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, aluminium cases, plastic cases, or other items whose outer finish might be damaged by adhesive labels, soiling or marking unless placed in an adequate, protective container for shipment;
- 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.
Save as expressly set out herein FedEx makes no warranties, express or implied.
21.1 Claims for Damage, Delay or Shortage
All claims due to damage (visible or concealed), delay (including spoilage claims) or shortage must be notified to FedEx in writing within 21 calendar days after delivery of the Shipment, failing which no action for damages may be brought against FedEx (see also Section 17: MONEY BACK GUARANTEE for the time period to request a refund or credit of Transportation Charges due to a Service Failure). Receipt of the Shipment by the Recipient without written notice of damage on the delivery receipt is prima facie evidence that the Shipment was delivered in good condition. As a condition for FedEx considering any claim for damage the Recipient must make the contents, original shipping cartons and packaging available for inspection by FedEx.
FedEx reserves the right to inspect damaged Shipments on the customer’s premises as well as the right to retrieve the damaged Package for inspection at a FedEx facility.
All of the original shipping cartons, packing and contents must be made available for inspection by FedEx and retained until the claim is concluded.
21.2 Other claims (Loss, Non-delivery, Misdelivery...)
All other claims, including, but not limited to, claims for loss, non-delivery or misdelivery must be received by FedEx within nine months after the Package was tendered to FedEx.
21.3 Filing a Claim and Time Limitation
Within nine months after the Package was tendered to FedEx, it must be documented by sending all relevant information about it to FedEx. FedEx is not obligated to act on any claim until all Charges have been paid; the claim amount must not be deducted from those Charges. The right to damages against FedEx shall be extinguished unless a legal action is brought within two (2) years from the date of delivery (in case of damage) or the date the Shipment should have been delivered (in case of loss, non-delivery, misdelivery or delay in delivery).
The agreed date of delivery for purposes of calculating the deadline shall be the day following the date of the Shipment. Statutes of limitation providing for shorter statutory or contractually agreed provisions shall prevail over this provision.
Only one claim can be filed in connection with a Shipment. Acceptance of payment of a claim shall extinguish any right to recover further damages or to claim further compensation in connection with that Shipment.
FedEx reserves the right to assess fuel and other surcharges on Shipments without notice. The duration and amount will be determined at FedEx 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 fedex.com.
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 right to enforce such provision.
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.
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.
26.1 FedEx in its capacity as data controller is responsible for compliance with applicable mandatory data protection laws, regulations and rules in relation to the processing of personal data (also: ‘data’) for the performance of a Shipment or otherwise. For more information FedEx refers to its privacy notice, which can be found on fedex.com.
26.2 In relation to any personal data provided by the Shipper concerning its employees, a Consignee or any third party in connection with a Shipment or otherwise, the Shipper warrants, represents, and undertakes that it has complied with applicable data protection laws including obtaining the necessary legal ground for the provision of such data to FedEx and the processing by FedEx of this data as described in these Conditions or otherwise and 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 controller;
- The purposes of the processing (i.e. performance of the Shipment), and conditions of the data processing;
- The categories of data which the Shipper will pass to FedEx;
- Confirmation that personal data will be passed to FedEx and to its affiliates and branches located in and/or out of the EEA, including in the United States, in connection with the performance of the Shipment, including alternative delivery instructions received from the Recipient, and identification of authorized personnel and data processors accessing personal data;
- The mandatory or optional nature of providing personal data and the consequences in case of refusal to provide data;
- The data subject's rights to access the personal data and request the rectification, deletion, blockage or removal of inaccurate data or to object to its processing for legitimate purposes, and contact details that may be used to exercise such rights.
26.3 The Shipper will indemnify FedEx in respect of all costs, claims, damages and expenses suffered or incurred by FedEx in connection with the Shipper's failure to comply with this section 26.
ANNEX NO. 1 TO THE TERMS AND CONDITIONS OF SHIPPING OF FEDERAL EXPRESS CORPORATION FOR HUNGARY
DATA PROTECTION RULES RELATING TO THE CUSTOMER SERVICE TELEPHONE NUMBER OF FEDEX
The Hungarian Branch of Federal Express Corporation (2220 Vecsés, Lőrinci út 59. C. ép. 5.; registered by the Company Registry Court of the Budapest Environs Regional Court under company registration number Cg.13-17-000083, hereinafter referred to as “FedEx”) would hereby like to inform its esteemed customers that the telephone calls made to the customer service available at the following telephone numbers:
- 06 29 551 900
- 06 80 980 980, and
- 36 29 558 760
and the telephone calls made by the customer service are
according to the following conditions, with the audio recording handled as described below.
1. Audio recordings are personal data
Audio recordings are considered personal data of the natural persons to whom the audio recording can be connected or regarding whom conclusions can be drawn from the audio recording.
2. Legal ground for creating and handling audio recordings
The legal ground for creating the audio recording depends on the nature of the caller, the subject of the call, and the purpose of using the audio recording.
2.1 Legal ground for creating and handling audio recordings during telephone calls with consumers
The legal grounds for creating an audio recording during the telephone call between the customer service and the consumer are Section 57 of Act CLIX of 2012 on Postal Services (“Postal Act) and Section 17/B (3) of Act CLV of 1997 on Consumer Protection (“Consumer Protection Act”).
Pursuant to the above paragraphs all oral complaints reported to the customer service via telephone, as well as telephone calls between the customer service and the consumer must be recorded.
During telephone calls between the consumer and the customer service creating and handling an audio recording is therefore mandatory, regardless of the subject of the call.
Pursuant to Section 2 a) of the Consumer Protection Act any natural person acting in pursuit of objectives outside the scope of their independent employment or economic activity, and with regard to the application of rules relating to conciliation bodies, any civil organisation, ecclesiastical legal person, condominium, housing cooperative, or micro-, small- or medium enterprise specified in a specific law acting in pursuit of objectives outside the scope of their independent employment or economic activity, who / which buys, orders, receives, uses, or makes use of goods or is the addressee of any commercial communication or quote related to goods is considered a consumer.
2.2 Legal ground for creating and handling audio recordings during telephone calls with persons not considered consumers
The legal ground for creating an audio recording during the telephone call between the customer service and a person not considered a consumer depends on the subject of the call.
If the subject of the telephone call between the customer service and a person not considered a consumer is a complaint, the legal ground for creating and handling an audio recording is Section 57 of the Postal Act and Section 17/B (3) of the Consumer Protection Act.
Pursuant to the above paragraphs all oral complaints reported to the customer service via telephone must be recorded.
In the case of complaints lodged via telephone creating and handling an audio recording is therefore mandatory.
2.2.2 Telephone calls in other subjects
If the subject of the telephone call between the customer service and the person not considered a consumer is not a complaint, the legal ground for creating and handling an audio recording is the voluntary and definite consent of the person not considered a consumer based on an informed decision.
The person not considered a consumer gives their consent by conduct, by not ending the call after the information on the creation and handling of an audio recording is given.
3. The purpose of creating and handling an audio recording
3.1 The purpose of creating and handling an audio recording in case of mandatory data processing
In the cases specified in Paragraphs 2.1 and 2.2.1 the purpose of the audio recording is legal compliance according the following:
a. pursuant to Section 54 (2) a) of the Postal Act, FedEx shall handle data related to the postal service or obtained during provision of this service for the purposes of performing the postal service contract, settling for, proving, and subsequently verifying performance, providing data to the National Media and Telecommunications Authority and for other purposes specified in the Postal Act;
b. FedEx must comply with the rules laid down in Section 17/B (3) of the Consumer Protection Act, pursuant to which creating and handling an audio recording is mandatory in the cases specified above.
3.2 The purpose of creating and handling an audio recording in case of non-mandatory data processing
The purpose of creating and handling an audio recording pursuant to paragraph 2.2.2 is
a. to perform the service contract established with FedEx, fulfil the agreements established between the caller and the customer service or the accepted requests or orders of the caller, and settling for, proving, and subsequently verifying performance.
4. Data of the person entitled to handle data
The person entitled to handle data is the Hungarian Branch of Federal Express Corporation (2220 Vecsés, Lőrinci út 59. C. ép. 5.; registered by the Company Registry Court of the Budapest Environs Regional Court under company registration number Cg.13-17-000083).
5 Data of the person entitled to process data
Audio recordings are transmitted to Federal Express Europe, Inc. & Co., V.O.F. / S.N.C. (registered seat: Cantersteen 47, 1000 Brussels, Belgium), the data processor of FedEx.
6. Duration of the handling of data recordings
6.1 General duration of data handling
Taking the provisions of Section 17/B (3) of the Consumer Protection Act and the limitation period for civil claims possibly relatable to audio recordings into account, FedEx shall handle and store audio recordings for five years.
6.2 Withdrawing consent
If the data subject withdraws their consent given according to paragraph 2.2.2, FedEx shall cease handling of and delete the audio recording created under paragraph 2.2.2.
7. Persons authorised to access the audio recording
Audio recordings may be accessed by FedEx and those employees of FedEx whose access to audio recordings is indispensable for achieving the purpose of data handling.
Audio recordings may furthermore be accessed by the data processors used by FedEx.
Beyond the above, audio recordings and personal data of data subjects may only be transmitted in the cases mandatorily prescribed by law or with the consent of the data subject. FedEx may only forward data related to or obtained during provision of its services to a controller or data processor located in a third country for the purposes of performing the service contract or settling for, proving, and subsequently verifying performance.
8. Other essential information
8.1. Identification number of the audio recording, requesting a free copy
FedEx assigns a unique identification number to the audio recording, which is available free of charge to the consumer or person not considered a consumer.
8.2. Data handling of complaints submitted orally
FedEx shall draw up a protocol about complaints lodged orally, via telephone or an electronic telecommunications service, which shall contain the following data:
a. name and address of the user of the postal service,
b. time, location, and method of submitting the complaint,
c. detailed description of the complaint of the user of the postal service and the list of documents and other evidence presented by the user,
d. the position of FedEx regarding the complaint of the user, if it can be investigated immediately,
e. signature of the person drawing up the protocol,
f. time and location of drawing up the protocol,
g. in the case of complaints submitted orally, via telephone or an electronic telecommunications service, the unique identification number of the complaint.
Pursuant to Section 17/A (5) of the Consumer Protection Act, in the case of a complaint lodged by a consumer in any subject or by a person not considered a consumer regarding postal service a protocol must be drawn up.
If the audio recording made of an oral complaint contains the above elements – not including the location where the complaint was submitted, the list of evidence presented by the user, the signature of the person drawing up the protocol, and the time and location of drawing up the protocol - then the protocol may be waived with the consent of the user.
8.3. Data of third parties
Consumers and persons not considered consumers may only communicate personal data of third parties to the customer service with appropriate authorisation.
By communicating personal data of a third party to the customer service the consumer or person not considered a consumer declares and warrants that they are in compliance with all applicable data protection regulations, including, in particular, that they shall advise the data subject of all information relating to the collection, transmission, and handling of their data, particularly of the following:
a. the identity of FedEx as controller;
b. that personal data of the third party have been transmitted to FedEx and
c. that FedEx shall handle the personal data of the third party according to the rules laid down herein.
The consumer or person not considered a consumer communicating personal data of a third party to the customer service shall compensate any damage suffered by FedEx as a consequence of the failure of the consumer or person not considered a consumer to meet their obligations set out in this paragraph.
9. Rights and legal remedy options of data subjects
The data subject may request from FedEx
a. information about the handling of their personal data,
b. correction of their personal data
c. deletion or blocking of their personal data, with the exception of mandatory data handling.
Upon request of the data subject FedEx shall provide information about the data of the data subject handled by FedEx or processed by FedEx or by the data processor it has commissioned, the source of such data, the purpose, legal ground, and duration of data handling, the name and address of the data processor, its activity related to data handling, and – if personal data of the data subject are transmitted – the legal ground and recipient of data transmission.
To verify the lawfulness of data transmission and inform the data subject FedEx keeps a data transmission register containing the time personal data handled by FedEx is transmitted, the legal ground and recipient of data transmission, the transmitted personal data, as well as other data specified in legislation prescribing data handling. The legislation prescribing data handling may limit the duration of the obligation of storing data in the data transmission register and of providing information on its basis. Such limitation may not set a duration of less than five years for personal data and twenty years for special data.
FedEx shall provide information in writing, in clear and plain language, within the shortest possible time of the submission of a related request of the data subject, not to exceed 30 days.
If the person requesting information has not yet submitted a request for information concerning the same data in the current year, information will be provided free of charge. In other cases, compensation may be set. The amount of compensation may also be set in the contract between the parties. Any compensation already paid must be refunded if data were handled unlawfully or if the request for information has led to a correction.
FedEx may only refuse to provide information to the data subject in the cases specified in Sections 9 (1) and 19 of Act CXII of 2011 on Informational Self-Determination and Freedom of Information.
If the request for information is refused, FedEx shall inform the data subject in writing of the provision of the Act on the basis of which the request for information was refused. If the request for information is refused, FedEx shall inform the data subject of their right to judicial review or of turning to the National Authority for Data Protection and Freedom of Information (hereinafter referred to as the “Authority”).
FedEx shall notify the Authority of all refused requests by January 31st of the year following the current year.
If personal data is incorrect, and the correct personal data is available to FedEx, FedEx shall correct the personal data.
a. Personal data must be deleted if:
b. its handling is unlawful;
c. this is requested by the data subject, except in the case of mandatory data handling;
d. it is incomplete or incorrect – and this condition cannot be remedied lawfully – provided that the law does not prohibit deletion;
e. the purpose of data handling no longer applies or the statutory duration of data storage has lapsed;
f. this has been ordered by a court or the Authority.
If the purpose of data handling no longer applies or the statutory duration of data storage has lapsed, the deletion obligation does not apply to personal data whose data carrier must be presented for archiving pursuant to the law on the protection of archived materials.
Instead of deletion FedEx will block personal data if the data subject requests this or if on the basis of information available to FedEx it can be assumed that deletion would harm lawful interests of the data subject. Such blocked personal data may only be handled as long as the data handling purpose which precluded the deletion of personal data continues to apply.
FedEx will mark personal data handled by it if the data subject contests their correctness or accuracy, but the incorrectness or inaccuracy of the contested personal data cannot be determined clearly.
The data subject and all others to whom data was previously transmitted for the purposes of handling must be notified of any correction, blocking, marking, or deletion. Notification may be omitted if, given the purpose of data handling, this does not harm any lawful interest of the data subject.
In the event that FedEx refuses a request of the data subject for correction, blocking, or deletion, it will notify the factual and legal grounds for refusing the request for correction, blocking, or deletion in writing, within 30 days of receipt of the request. If the request for correction, blocking, or deletion is refused, FedEx shall inform the data subject of their right to judicial review or of turning to the Authority.
The law may limit the above rights of the data subject in the interest of the external or internal security of the state, including national defence, national security, crime prevention, law enforcement, or the security of penitentiary institutions, as well as economic or financial interests of the state or of local governments, significant economic or financial interests of the European Union, the prevention and investigation of disciplinary and ethical misconduct related to the practice of professions and the violation of labour laws and work safety obligations – in all cases also including control and monitoring – or in order to protect the rights of data subjects or others.
The data subject may object to the handling of personal data:
a. if the handling or transmission of personal data is only necessary in order to meet a legal obligation applicable to FedEx or to assert a lawful interest of FedEx, a data recipient, or third party, except in the case of mandatory data handling;
b. if personal data is used or transmitted for direct marketing, public opinion polling, or scientific research; and
c. in the other cases specified in law.
FedEx shall examine the objection and shall make a decision regarding its justification, of which it shall inform the applicant in writing within the shortest possible time of the submission of the request, not to exceed 15 days.
If FedEx concludes that the objection of the data subject is justified, it shall cease data handling – including any further data registration and data transmission – block data, and notify all parties to whom it has previously transmitted personal data concerned by the objection of the objection and measures taken on its basis, who shall take action to enforce the right to object.
If the data subject disagrees with the decision of FedEx or if FedEx fails to meet the deadline for its decision, the data subject may turn to the courts within 30 days of the communication of the decision or the last day of the deadline, as follows.
FedEx may not delete the data of the data subject if data handling has been prescribed by law. However, the data may not be transmitted to the data recipient if FedEx has agreed with the objection or if the court has found that the objection is justified.
In the event of a violation of their rights and in the cases specified above the data subject may bring legal action against FedEx before the court. The court shall handle such cases with priority.
The duty of proving the compliance of data handling with legislation falls on FedEx.
Ruling upon the legal action falls within the competence of the court. Depending on the decision of the data subject, the case may be brought before the court competent according to the residence or place of stay of the data subject.
Parties otherwise without capacity to be a party in legal proceedings may also be a party in the legal action. The National Authority for Data Protection and Freedom of Information may intervene in the legal action in order help the data subject succeed in the legal action.
If the court upholds the application, it shall order FedEx to provide information, correct, block, or delete data, annul the decision taken using automated data processing and to take the right to object of the data subject into account.
FedEx shall compensate any damage caused to others through the unlawful handling of the data of the data subject or a violation of the requirements of data security.
If by unlawfully handling the data of the data subject or violating the requirements of data security FedEx violates the rights relating to personality of the data subject, the data subject may claim compensation for aggravated damage from the controller.
FedEx is liable towards the data subject for damage caused by the data processor and shall also pay to the data subject the compensation for aggravated damages for violations of their rights relating to personality by the data processor. FedEx shall not be liable for the damage caused and for compensation for aggravated damages if it proves that the damage or the violation of the rights of the data subject relating to personality was caused by force majeure outside the control of data processing.
Damage does not need to be compensated and compensation for aggravated damage may not be claimed if the damage was caused intentionally or through gross negligence by the injured party or, in the case of a violation of rights relating to personality, intentionally or through gross negligence by the data subject.
Anyone may initiate an investigation by making a report to the National Authority for Data Protection and Freedom of Information on the grounds that an impairment of a right has occurred or the direct risk of such exists in connection with the exercising of rights related to the handling of personal data or access to public data or to data public due to public interest.
FedEx Express Hungary Kft (registered office: Lőrinci út 59, C. ép 5., 2220 Vecsés, Hungary, company registry number: Cg. 13-09-194327), the ‘FedEx’) agrees in accordance with the provisions of these EKÁER GTC for the Principal to record the registration number of the motor vehicle used for the road transport of consignments in the EKÁER Number database of the National Tax and Customs Administration (the ‘NAV’) for the available EKÁER Numbers associated with their consignments forwarded by road transport.
(a) ‘EKÁER’ means the Electronic Public Road Trade Control System defined in Section 7(14) of Act CL of 2017.
(b) ‘EKÁER Number’ means the number generated by the Electronic Public Road Trade Control System under Section 7(15) of Act CL of 2017.
(c) ‘Principal’ means the taxpayer with an EKÁER Number the consignment of whom or which is transported by road by FedEx or one of its contractual partners.
(d) ‘Consignment’ means a consignment dispatched by the Principal or arriving to the Principal as consignee, which is transported or forwarded in whole or in part by FedEx or any of its contractual partners, and for which the Principal is legally obliged to request an EKÁER Number.
(e) ‘Motor Vehicle’ means the motor vehicle on which FedEx transports the Principal’s Consignment.
(f) ‘NAV’ means the National Tax and Customs Administration.
(g) ‘Contract of Agency’ means the specific contract concluded between the Principal and FedEx as agent under these EKÁER GTC.
I. Subject-matter of the EKÁER GTC
These EKÁER GTC regulate the Contract of Agency individually concluded between the Principal and FedEx, on the basis of which FedEx is entitled, in lieu and on behalf of the Principal, to mark the registration number of the Motor Vehicle transporting the Consignment among the EKÁER Number details specified by the Principal in the NAV’s database from time to time in accordance with the actual transport situation.
1. In order to conclude the Contract, the Principal shall register on the www.ekaer.tnt.hu website and shall provide the following details during registration:
(a) Principal’s name (company name);
(b) Principal’s tax number;
(c) Principal’s registered office;
(d) FedEx customer number (if available);
(e) Principal’s EKÁER administrative contact person;
(f) email address of the contact person in point (e);
(g) phone number of the contact person in point (e);
(h) password for point (f).
If the Principal does not have a FedEx customer number, FedEx shall, after registration, make it available to the Principal in an electronic message sent to the email address specified in point (f).
2. During registration, the Principal shall read the provisions of these EKÁER GTC and shall indicate in the appropriate place as its own contractual statement that it is aware that the provisions of these EKÁER GTC are applicable to the Contract of Agency, which it has read and become familiar with, and it has no provision the individual discussion of which it would request from FedEx.
3. After making a declaration on the EKÁER GTC, the Principal shall send the details recorded during registration to FedEx electronically via the website under Section 1. FedEx will send a confirmation of the registration so received to the Principal in an electronic message sent to the email address specified in Section II.1(f).
III. Conclusion of Contract of Agency
4. The Principal shall request an EKÁER Number for the Consignment on the webpage of the NAV adopted for this purpose. When requesting the EKÁER Number, the Principal shall authorize FedEx as forwarding agent to modify the registration number of the Motor Vehicle transporting the Consignment in the EKÁER Number details belonging to the Consignment with respect to the Consignment.
5. In order to conclude the Contract of Agency, the Principal may initiate the conclusion of the Contract of Agency by entering the email address specified in Section II.1(f) and the password associated with it (see: Section II.1(h)) at the link www.ekaer.tnt.hu. In order to conclude the Contract of Agency, the Principal shall provide the following details to FedEx:
(a) FedEx consignment number(s) of the Consignment;
(b) EKÁER Number of the consignment;
(c) if, during the performance of the Contract of Agency, it does not want to designate the person specified in Section II.1. as the EKÁER administrative contact person for the Contract of Agency, it shall specify the name, email address and phone number of the contact person with respect to the given Contract of Agency.
The Principal shall send the details so provided electronically to FedEx via the website as its offer statement made for the conclusion of the Contract of Agency, provided that it has indicated in advance at the appropriate place as its own contractual statement whereby it is aware that the provisions of these EKÁER GTC apply to the Contract of Agency, which it has read and become familiar with, and it has no provision the individual discussion of which it would request from FedEx.
6. After registration, FedEx will accept the Principal’s offer for the conclusion of the Contract of Agency in an electronic message sent to the email addresses specified in Section II.1(f) and, if available, Section III.5(c). The Contract of Agency shall be concluded when FedEx sends this electronic message.
IV. Term of Contract of Agency
7. The Contract of Agency shall be concluded from the date of its conclusion until FedEx participates in the forwarding of the Consignment and until its statutory obligation to report the Consignment to the EKÁER system exists. After this, the Contract of Agency shall terminate without any further provision.
8. The Contract of Agency shall terminate without any further provision after 48 hours from the time of its conclusion if FedEx or a contractual partner of FedEx does not accept the Consignment for transport or forwarding within 48 hours of the conclusion of the Contract of Agency.
V. Tasks to be performed by FedEx under the Contract of Agency
9. Under the Contract of Agency, FedEx shall, upon receipt of the Consignment by FedEx or a contractual partner of FedEx, mark the registration number of the Motor Vehicle transporting or forwarding the Consignment in the EÁKER Number database of the NAV belonging to the Consignment from time to time between the dates when the Consignment is transported or forwarded within the state borders of Hungary. FedEx shall strive to always assign current registration number data to the EKÁER Number of the Consignment, but due to the repeated transhipment of the Consignment and possible delays in the information flow associated with it, it may well occur that the registration number of the Motor Vehicle provided by FedEx for the EKÁER Number of the Consignment does not reflect the actual situation.
10. The Principal is aware and accepts that FedEx will not be able to fulfil its contractual obligations in the event that the EKÁER system of the NAV is out of operation or if connection with it is not provided for any reason.
11. FedEx shall primarily send the statements required under the Contract of Agency to the Principal with electronic messages sent to the Principal’s email address specified Section II.1(f) and, if available, its email address specified in Section III.5(c) and not provided with a transmission report. If necessary, FedEx will also attempt to contact the Principal by telephone, during which it will attempt to reach the Principal’s contact person specified in Section II.1.(e) or, if available, Section III.5(c) on the phone number specified in Section II.1(g) or, if available, on the phone number specified in Section III.5(c).
12. The Principal acknowledges that FedEx is not able to verify whether the Principal reads its electronic messages sent under these EKÁER GTC.
13. FedEx will fulfil its obligations under the Contract of Agency in respect of the Consignment from Monday to Saturday from 0 a.m. to 24 p.m.
VI. Liaison with FedEx during performance of the Contract of Agency
14. If the Principal wishes to contact FedEx in order to perform the Contract of Agency, it may do so by sending an electronic message from the email address specified in Section II.1(f) or, if available, from the email address specified in Section III.5(c) to the email address email@example.com, where such electronic message shall be accompanied by the signature of the contact person assigned to the sending email address. The electronic message so sent is considered by FedEx as the Principal’s written statement in connection with the Contract of Agency. FedEx will disregard electronic messages sent from other email addresses or signed by another contact person or messages sent to an email address other than firstname.lastname@example.org during the performance of the Contract of Agency.
15. It is also possible to contact FedEx on the phone number of +36 (1) 885 4595; however, the Principal may not refer to statements made during the individual telephone conversations as evidence in the event of a dispute.
16. Liaison under this chapter is possible from 8.00 a.m. to 6.30 p.m. on business days.
VII. Remuneration of FedEx
17. Remuneration for the activities of FedEx under the Contract of Agency for the forwarding of the Consignment shall be accounted for in a fee charged by FedEx or the contractual partner of FedEx, so FedEx will not charge a separate fee for it to the Principal.
VIII. Principal and FedEx’s liability
18. The Principal warrants that its details provided for the purpose of registration and for concluding the Contract of Agency are true. FedEx shall not be liable if, due to the incorrectness of the details provided, the communication related to the performance of the Contract of Agency becomes frustrated or impeded or the Contract of Agency cannot be performed in whole or in part for this reason. The Principal shall indemnify FedEx for any damage or shall exempt FedEx from all claims against it if any of its details provided for registration or the Contract of Agency is untrue or its content is inaccurate and if it violates any of the provisions of these EKÁER GTC or the FedEx sustains damage in any form due to the Principal’s unlawful conduct.
19. Subject to the provisions of Chapter V, FedEx is not liable if the registration number of the Motor Vehicle recorded in the EKÁER Number details belonging to the Consignment at a given time does not correspond to the registration number of the Motor Vehicle actually transporting the Consignment and, for this reason, the Principal or, with regard to the Principal, another third party suffers legal prejudice. If, for this reason, a third party claims damages or lays other claims against FedEx, the Principal shall exempt FedEx from such claims and shall be fully liable for such claims instead of FedEx or, if it is not possible to do so, shall reimburse FedEx for any claim enforced.
20. FedEx shall not be liable in any form for damages sustained by the Principal due to the fact that FedEx is unable to maintain continuous contact with the Principal or a third party enforces a claim against it in relation to this on other grounds.
21. Unless otherwise provided in these EKÁER GTC, if the FedEx commits a breach of contract in respect of the Contract of Agency, the Principal may only claim compensation for its proven costs related to the conclusion of the Contract of Agency as damages, the amount of which may not exceed HUF 20,000, and the Principal shall not be entitled to claim compensation for any other damages in any form, especially any loss of profit or loss.
IX. Final provisions
22. Only the provisions of these EKÁER GTC shall apply to the Contract of Agency, so any possible oral or written agreement of the Parties shall be disregarded in respect of the Contract of Agency unless the Parties expressly agree in writing on the application of such agreement.
23. The place of conclusion of the Contract of Agency made under these EKÁER GTC is the registered office of FedEx at any time.
25. The provisions of these EKÁER GTC shall be in force as of 1st April 2019.
26. These EKÁER GTC and their possible amendment can be read on the www.tnt.hu website, during the Principal’s registration, and before the submission of each offer for the conclusion of a Contract of Agency.
Dated in Budapest, 13rd June 2019
FedEx Express Hungary Kft.