Conditions of Carriage for Domestic Services
Long form version, applicable as of 1 November 2020 pertaining to FedEx domestic services and TNT domestic services
Long form version, applicable as of 1 November 2020 pertaining to FedEx domestic services and TNT domestic services
1. These present Conditions of Carriage for Domestic Services have been prepared following the global integration of TNT into the structure of FedEx. As a result, FedEx Express Poland sp. z o.o. (formerly TNT Express Worldwide (Poland) sp. z o.o.) merged with FedEx Express Poland International sp. z o.o. and FedEx Express Polska sp. z o.o., both part of the FedEx Group.
2. As a result of the merger, FedEx Express Poland sp. z o.o. (formerly TNT Express Worldwide (Poland) sp. z o.o.) assumed all rights and obligations of FedEx Express Poland International sp. z o.o. and FedEx Express Polska sp. z o.o., which were dissolved without liquidation procedure.
3. Merger of the legal entities precedes harmonization of services and portfolio of products until now offered separately. Until the product harmonization process is complete, FedEx will provide the FedEx and TNT domestic services in line with the currently applicable rules, observing the current forms and methods of service pricing.
I. General part
1.1 The Rules lay down the principles which shall be followed by FedEx while providing the Services. The Rules shall be interpreted along with the valid Price Lists and the following documents: FedEx Price List of Domestic Services, FedEx Guide to Domestic Services, TNT Price List of Domestic Services, TNT Guide to Domestic Services, constituting the model terms and conditions within the meaning of the Civil Code, which are available at Branches and published at:
This set of principles, which the Employer shall be obliged to become familiar with before concluding the Agreement, shall form the content of the agreement concluded between the Employer and FedEx and shall form binding rights and obligations of the Parties, unless the Parties expressly provide otherwise.
1.2 If the Consignment Note is issued in the form of an e-document, the Agreement shall be deemed to have been concluded upon data entry into the scanning device or the FedEx IT system. If the Consignment Note is issued in the form of a paper document, the Agreement shall be deemed to have been concluded upon the signing of the Consignment Note by the courier and the Sender. The foregoing rules shall also apply to specific service agreements concluded under framework agreements.
1.3 FedEx, at its own discretion, may use third parties for the performance of every action constituting the Service.
1.4 FedEx is not a designated operator within the meaning of the Postal Law and is entitled to refuse to provide the Service in accordance with the provisions of the Rules and of the law.
1.5 Services are provided within the territory of the Republic of Poland.
1.6 Whenever the Rules contain a capitalized term, this shall be construed in line with the relevant definition provided in item 2 below, regardless of whether such term is used in singular or plural form.
|Price List||Cumulatively the “FedEx Price List of Domestic Services” and the FedEx Guide to Domestic Services with respect to FedEx Domestic Services, and the “TNT Price List of Domestic Services” and the TNT Guide to Domestic Services with respect to TNT Domestic Services, which contain important information and detailed conditions concerning the provision of Services, available respectively on the www.fedex.com/pl website and the www.tnt.com.pl website.
|Delivery||An action consisting in (i) handing over a Shipment to the Recipient or to another person in the cases provided for by the law or the Rules; or (ii) dropping off a Shipment at a place or in a manner indicated by the Employer or the Recipient in accordance with the Rules.|
|Delivery to a residential area||Delivery for which the specified delivery address is a structure or building designed for permanent human habitation, whose principal objective is to satisfy residential needs, regardless of whether such locations are used for any type of business and/or professional activities, in particular: house, apartment, apartment house, household, flat in a block of flats, gated community.|
||FedEx Express Poland sp. z o.o., with its registered office in Warsaw, ul. Annopol 19, 03-236 Warsaw, entered into the register of business entities of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register, under entry number KRS 0000357766, registered with the Taxpayer Identification Number (NIP) 6342750606, with a share capital of PLN 524,990,050.00.|
|Civil Code||The Act of 23rd April 1964 – Civil Code (consolidated text in the Journal of Laws Dziennik Ustaw of 2019, item 1145, as amended).|
|Consumer||A natural person performing a legal transaction with an entrepreneur which is not directly connected to his/her business or professional activity, in accordance with Art. 221 of the Civil Code.|
|Consignment Note||A paper or electronic consignment note as defined in the Transportation Law or another paper or electronic document issued by FedEx that contains at least the data concerning the performed Service and the Shipment.|
|Sender||A natural or legal person or an organizational entity without legal personality, attributed legal capacity under the act, identified in the Consignment Note in the relevant field, which actually hands over the Shipment to FedEx for carriage. When that person or organizational entity acts in its own name and on its own behalf, it shall be the Employer under the Rules. If it acts in the name and on behalf of another entity, that other entity shall be the Employer, while the Sender shall not be a party to the Agreement. In such case, the entity identified as “Sender” in the Consignment Note shall not be the “sender” as defined in the provisions of the Postal Law and the Transportation Law, as the Employer shall be the “sender” under those regulations.|
|Recipient||A natural or legal person or an organizational entity without legal personality, attributed legal capacity under the act, identified in the Consignment Note in the relevant field, to whom the Shipment is to be delivered, or any other person who has been authorized to receive the Shipment, including the addressee within the meaning of the Postal Law.|
|Branch||A FedEx unit listed at www.fedex.com/pl or FedEx units providing TNT Domestic Services listed at www.tnt.com.pl.
|Person to whom the rights of Consumer are granted by the Statute||A natural person who executes an agreement directly connected to his/her business, where the contents of such agreement prove that such agreement is not of a professional nature resulting, in particular, from the subject matter of his/her business as disclosed under the regulations governing the Business Activity Central Register and Information Record, in accordance with Art. 3855 of the Civil Code.|
|Payer||A natural or legal person or an organizational entity without legal personality, attributed legal capacity under the act, who is in the Consignment Note in the relevant field. The entity identified in the Consignment Note as the “Payer” shall be the Employer hereunder.|
|Postal Law||The Act of 23rd November 2012 – Postal Law (consolidated text in the Journal of Laws Dziennik Ustaw of 2018, item 2188, as amended), including any regulations issued thereunder.|
|Transportation Law||The Act of 15th November 1984 – Transportation Law (consolidated text in the Journal of Laws Dziennik Ustaw of 2017, item 1983, as amended), including any regulations issued thereunder.|
|Shipment||Courier Shipment or Shipment of Goods with attached address, packaged, accepted for performance of the Service. All packages, pallets or other elements covered by a single Consignment Note and collected from the same Sender shall be considered as one Shipment within one Service, unless the parties have decided otherwise.|
|Courier Shipment||Parcel constituting a courier shipment within the meaning of the Postal Law.|
|Shipment of Goods||Shipment of Goods within the meaning of the Transportation Law; items accepted for carriage on the basis of a single Consignment Note which are not a parcel subject to postal service within the meaning of the Postal Law.|
|Cash on Delivery Shipment (COD Shipment)||A Service consisting in collecting from the Recipient, during the Delivery, the amount indicated in the Consignment Note for the benefit of the Employer.|
|FedEx Guide to Domestic Services||"FedEx Guide to Domestic Services" available on the www.fedex.com/pl website.
|TNT Guide to Domestic Services||"TNT Guide to Domestic Services" available on the www.tnt.com.pl website.
|Partner Point||An outlet cooperating with FedEx or an automatic box where it is possible to deliver or send a Shipment, excluding shipments that contain correspondence within the meaning of the Postal Law. The list of Partner Points is available on the www.fedex.com/pl website.
|Rules||These present Rules of Services provided by FedEx within the territory of the Republic of Poland (full version).|
|Complaint||A complaint the subject of which is the provision of both Courier Shipments and Shipments of Goods Services.|
|Delivery Time||Time of delivery resulting from the Rules, the Price List and other documents binding the parties to the agreement.|
|Dangerous Goods||Dangerous goods within the meaning of the "European Agreement concerning the International Carriage of Dangerous Goods (ADR)" in force.|
|Services||Standard actions performed by FedEx that consist in pickup, sorting, moving and delivery of Shipments to the identified Recipient, as well as auxiliary actions aimed at performing the above actions, such as arrangement of transportation, pickup, etc. In the course of performing the Service, Employer’s Shipments may be combined with other shipments by FedEx within logistical actions. All Services that do not concern Courier Shipments as defined in the Postal Law shall be performed on the basis of and in compliance with the Transportation Law. FedEx does not provide postal services as defined in the Postal Law, with the exclusion of services that concern Courier Shipments. A detailed list of Services and terms and conditions of providing the Services may be found in the Price List.|
|FedEx Domestic Services||Services specified in the FedEx Guide to Domestic Services.|
|TNT Domestic Services||Services specified in the TNT Guide to Domestic Services and the TNT Price List of Domestic Services.|
|Goods and Services Tax Act||The Act of 11th March 2004 on Goods and Services Tax (consolidated text in the Journal of Laws Dziennik Ustaw of 2018, item 2174, as amended).|
|Collection at a Partner Point||Collection of a Shipment at a Partner Point whereby a code holder uses the code sent to the specified mobile telephone number or e-mail address or by means of another form of authorization provided to him/her.|
|Employer||A natural or legal person or an organizational entity without legal personality, attributed legal capacity under the act, which orders FedEx to perform the Service, which pays the fee for the Service and is a party to the agreement. The concept of Employer is equivalent to the concept of “sender” as used in the Transportation Law and the Postal Law. In the event the Employer submits the Shipment for carriage in person, it is identified in the “Sender” and “Payer” fields in the Consignment Note. However, when the Employer uses a different entity to submit the Shipment for carriage, that entity shall be identified in the field “Sender” and the Employer shall be identified in the field “Payer.” Nevertheless, the Employer shall be a party to the agreement and the Employer shall be vested with all the rights which the legal regulations attach to the “sender,” as defined in the said regulations.|
3.1 Service performance is contingent upon the completion of the Consignment Note by the Sender in a complete, legible manner and in accordance with the facts. The Employer shall be responsible for the correct completion of the Consignment Note and for the accuracy of the data entered into the Consignment Note. Completion of a Consignment Note shall be equivalent to a consent to Service provision by FedEx in accordance with the terms and conditions specified in the Rules.
3.2 Shipment acceptance by FedEx for the purposes of providing the Service is confirmed by the Consignment Note, which includes at least:
i. the name or first and last name and address of the Sender;
ii. the name or first and last name and address of the Recipient;
iii. the name or first and last name and address of the Payer;
iv. the declared weight of the Shipment;
v. the date of dispatching the Shipment;
vi. for Cash on Delivery Shipments (COD Shipments) – the collected payment and the bank account to which the collected payment is to be transferred;
vii. for Shipments delivered to the Partner Point - the email address and the telephone number of the Recipient;
viii. signature of the Sender (for paper Consignment Note);
ix. identification of the items, mass, number of Shipment items, method of packaging and marking.
3.3 The Consignment Note shall also include the contact details of the Sender or the Recipient, especially if this facilitates the Service provision, or a note to leave the Shipment at a safe location (such as, e.g., building reception desk) and general instructions regarding the Shipment, which remain within the scope of the Service and are in line with the nature of the Service and with the Rules. Any instructions which go against the Rules or the Price List shall be ignored.
3.4 The Shipment shall be delivered to the Recipient or a person authorized (also impliedly, e.g., household member) to collect the Shipment. If the Recipient is a legal person or an organizational unit without legal personality, the Shipment shall be handed to the person active in the premises of such legal person or organizational unit. FedEx reserves the right to verify the identity of the Recipient or the authorization issued by the Recipient. Where the Employer provides appropriate instruction, and upon the Recipient’s consent, the Shipment may be left at a safe location, at FedEx discretion, such as building reception desk, at a neighbor’s, etc. Unless the Sender provides otherwise in the Consignment Note, the Employer or the Payer acknowledges that the Recipient is entitled to instruct that (i) the Shipment be left at a different location than that specified in the Consignment Note; (ii) the Shipment be handed over to a person other than the Recipient identified in the Consignment Note; (iii) the Shipment be delivered on a date specified by the Recipient or any date other than the standard Shipment delivery date specified for the relevant Service. Such instructions shall be subject to restrictions specified by FedEx, resulting from, in particular, the use of automated dispatch tools, rules of use of the Alternative Delivery System, messages provided by FedEx, or terms and conditions specifying the point in time in the process of carriage by which providing instructions is allowed.
3.5 Delivery may be confirmed by the Recipient or another person collecting the Shipment in accordance with the Rules in a manner indicated by FedEx, in particular by a signature placed on a scanning device or a paper Consignment Note, subject to the special provisions in force at the time of Delivery. Delivery at the Partner Point is not subject to confirmation, and the Shipment is picked up on the basis of a one-time entry code sent in accordance with the instructions of the Employer by electronic means or by other means of authorization communicated.
3.6 In the event of refusal to accept a Shipment by the Recipient, FedEx shall contact the Employer and request instructions as to further handling of the Shipment, unless the Consignment Note includes the Sender’s instructions regarding further handling of the Shipment in the event of hindered transport or Delivery. Should the Employer fail to provide instructions to FedEx, FedEx shall take any action which it is obliged to take under the law, in particular:
a. in accordance with the Postal Law, FedEx shall return a Courier Shipment to the Employer at the latter’s expense or, should this prove impossible, shall proceed to eliminate the Shipment;
b. in accordance with the Postal Law, FedEx shall proceed to eliminate a Shipment of Goods.
3.7 Refusal to accept a Shipment by the Recipient, leaving the Shipment at the Partner Point or at a place indicated by the Recipient in accordance with the instruction, or absence of the Recipient confirmed with a missed delivery note, shall be tantamount to meeting the Delivery Time.
3.8 Opening the packaging of a Shipment or any other interference with the Shipment shall be acceptable only after signing for acknowledgement of Delivery on a courier device or at the terminal at the Partner Point. FedEx hereby informs that Shipments may be opened and their contents checked upon the demand of a competent authority. In such cases, FedEx shall not be responsible for the operations of such authorities connected with the opening of a Shipment, unless such Shipment was opened and its contents checked due to the fault of FedEx.
3.9 The Employer shall be responsible for any actions or omissions of the Sender as for its own actions and omissions. The Employer shall be obliged to ensure that all actions performed by the Sender are properly performed.
3.10 Neither the Employer nor the Recipient shall be entitled to assign the respective rights they may have against FedEx to any third parties without the prior written consent of FedEx, or such assignment shall be null and void. FedEx shall not be entitled to assign the respective rights it may have against the Employer to any third parties without the prior written consent of the Employer who is a Consumer or a Person to whom the rights of Consumer are granted by the Statute, or such assignment shall be null and void.
4.1 The Employer shall be obliged to ensure that the Shipment is prepared in a manner adequate to its contents to protect the Shipment against regular actions related to the provision of the Services and allowing for its proper processing without causing deficiency or damage. A Shipment shall be sent in a condition allowing for its correct carriage and delivery without causing any deficiency or damage. In particular, the packaging should secure its contents, ensure safety of persons and property involved in the transport, and, moreover, be sufficiently resistant, tightly closed and secured, prevent access to its contents, and be appropriately marked if this is required by its properties or contents. For certain Shipments, FedEx shall issue binding packaging instructions, available at www.fedex.com/pl and www.tnt.com.pl and from Branches.
4.2 In cases where the nature and properties of the Shipment require Shipment packaging, the Employer shall ensure that the Shipment is handed over packaged. Ensuring proper packaging involves ensuring appropriate package cushioning protecting the Shipment against movement inside the package. In particular, packaging shall meet the following requirements:
a. be tightly closed;
b. be sufficiently robust;
c. prevent access to the content of the Shipment without leaving visible trace;
d. if required by the properties or content of the Shipment, it should be labelled or marked in a manner that indicates the specific properties of the carried goods, such as: “do not turn,” “up/down,” etc.;
e. may not contain any protective materials which could damage other Shipments or hamper the logistics process by preventing Shipment storage.
4.3 The weight and the size of the package, including the pallet and protective materials added by the Employer or the Sender, shall be included in the Shipment weight. Wooden pallets and protective materials shall not be returned, unless the parties agree otherwise.
4.4 On the Shipment or on its packaging, the Employer or the Sender shall place the address and details of the Recipient, in accordance with the details included in the Consignment Note. The address shall be legible, without deletions or erasures. The address shall always contain the post code used by the designated operator within the meaning of the Postal Law.
4.5 FedEx reserves the right to refuse to provide the Service or withhold performance of the Service with respect to an accepted Shipment if the packaging is found to be in breach of the requirements specified in the Rules, or is inadequate or insufficient for the correct performance of the Service. FedEx may also make the performance of the Service with respect to such a Shipment conditional upon placement on the Consignment Note of an appropriate statement concerning the condition of the Shipment.
4.6 Prior to Shipment acceptance for the purpose of Service performance, FedEx may demand that the Sender open the Shipment in order to verify whether the Shipment is compliant with the Employer’s statements included in the Consignment Note, and to verify whether the protective materials inside the packaging are appropriate. Should the Sender refuse to open the Shipment, FedEx shall be entitled to refuse to perform the Service.
4.7 In the event of a reasonable suspicion that the Shipment may damage other shipments or FedEx property, FedEx shall be entitled to demand that the Sender open the Shipment. In cases where a request to the Sender for opening the shipment proves impossible or ineffective, FedEx shall be entitled to secure such Shipment at its own expense in a manner ensuring postal safety.
4.8 In the event of a justified suspicion that the Shipment is the subject of a crime or its contents pose a threat to people or the environment, FedEx shall immediately notify the relevant entities and shall detain and secure the Shipment until the inspection by these entities is performed.
4.9 FedEx reserves the right to verify the weight and dimensions of the Shipment, both upon its acceptance for carriage and at each and every stage of carriage. In the event of a discrepancy with the declared weight or dimensions, FedEx shall be entitled to adjust the price of the Service in accordance with the Price List. Verification of the Shipment's weight and dimensions shall not constitute any interference with the contents thereof. For Services provided by FedEx upon an order of the Employer or Payer who is a Consumer or a Person to whom the rights of Consumer are granted by the Statute, such adjustment of remuneration for Service shall require prior notice and express consent.
5.1 FedEx does not provide Services involving Dangerous Goods without prior arrangements and written consent. FedEx may decide to accept certain Dangerous Goods, however, subject to prior written agreement on the requirements related to the Dangerous Goods. In the event items excluded from carriage are found in a Shipment or in the event of a breach of the regulations applicable to items allowed for carriage, FedEx shall follow the provisions of item 3.6 above.
5.2 In the event of violation by the Sender or the Employer of the provisions of the Rules on items excluded from carriage, in particular, in respect of Dangerous Goods, FedEx:
a. reserves the right to withdraw from the performance of the Service;
b. reserves the right to charge a financial penalty to the Employer in the amount of one hundred times the Remuneration. Payment of the financial penalty shall not exclude FedEx’s right to seek compensation in excess of the value of the financial penalty in accordance with the general rules;
c. reserves the right to charge the Employer for the costs of disposal of the Shipment containing Dangerous Goods or the costs of dedicated transport arranged by FedEx;
d. reserves the right to charge the Employer for the costs of disposal of waste generated as a result of damage to an undeclared Shipment containing Dangerous Goods;
e. reserves the right to charge the Employer for the costs connected with damage to other Shipments;
f. FedEx does not offer a service consisting in return of undeclared Shipments containing Dangerous Goods which were damaged. FedEx allows personal collection of a Shipment identified by FedEx, however, no later than within 24 hours of notice to the Employer.
5.3 A detailed list of items excluded from Services is available at www.fedex.com/pl.
5.4 Services involving Shipments containing temperature-sensitive materials or otherwise prone to spoilage or explicitly excluded from carriage under the Rules or other regulations, may be performed only on condition that the Employer assumes the full risk related to the performance of the Service.
6.1 A COD Shipment shall be delivered upon payment by the Recipient of the COD amount specified in the Consignment Note.
6.2 The COD amount is entered into the relevant field of the Consignment Note and is expressed in Polish zlotys. The COD value must not exceed the relevant limits specified in the FedEx Guide to Domestic Services and the TNT Guide to Domestic Services, respectively, and, in any event, must not exceed the amount of PLN 15,000.00. An indispensable condition for performing the COD Shipment service is that the Consignment Note specify the bank account number into which the amounts collected from the Recipient are to be transferred, or - with respect to TNT Domestic Services - that that number is provided to FedEx in another form.
6.3 The COD amount specified in the Consignment Note shall not be equivalent to a declaration of Shipment value or insurance amount.
6.4 Where the Employer orders the COD Shipment service, the Employer shall obtain Shipment insurance in accordance with the rules offered by FedEx. A Shipment insurance fee as per the applicable FedEx Price List shall be automatically added to the amount due for the COD Shipment service. With respect to FedEx Domestic Services, an additional fee for the insurance equivalent to the COD amount shall be automatically added, unless the insurance value declared in the Consignment Note is higher than the COD amount. With respect to TNT Domestic Services, there is no possibility to insure the Shipment at an amount higher than the COD amount.
6.5 The COD amount is transferred to the specified bank account within: (a) 5 business days of the Delivery for FedEx Domestic Services; (b) 7 calendar days of the Delivery for TNT Domestic Services.
6.6 The Employer is bound by the Recipient’s choice of payment method among those supported by FedEx upon delivery of a COD Shipment.
6.7 If the Recipient who submitted the payment for a COD payment requests reimbursement from FedEx as per the chargeback procedure (if the claim regards the contents of a COD Shipment), the Employer shall indemnify FedEx against any liability related to such request. The Employer shall, in particular, cover all fees and expenses resulting from the cancellation of the transaction by the issuer of the electronic payment instrument as a result of recognizing the legitimacy of the complaint filed by the Recipient of the COD Shipment (chargeback).
7.1 Provision of the Services shall be subject to remuneration as per the applicable Price List, payable in advance. Should the remuneration not be paid upon Shipment acceptance for carriage, such remuneration shall be payable within 7 days of the VAT invoice issue date, unless the Employer, the Payer or the Recipient and FedEx agree another payment date in writing.
7.2 FedEx issues VAT invoices for the Services performed. Invoices are issued and sent electronically, unless FedEx is not provided with an e-mail address. By accepting an electronic invoice, the Client expresses his/her acceptance, referred to in the Goods and Services Tax Act. Should the Client refuse to receive an electronic invoice, he/she shall notify FedEx to this effect prior to the issue of the invoice.
7.3 Should the Employer demand a paper invoice or in cases where FedEx is obligated to use paper invoices, FedEx reserves the right to charge the Employer an administrative fee.
7.4 Invoices shall be issued upon the end of a settlement period, in accordance with the provisions of the Agreement executed with the Employer or the Payer. Invoices shall be payable in the currency specified in the relevant invoice. Invoices for individual Services are allowed.
7.5 FedEx reserves the right to charge statutory interest for late payment or statutory interest for late payment in commercial transactions, as appropriate, for any late payment, in relation to invoices not paid by the due date specified in the relevant invoices, until the date of full payment of the amounts indicated in the relevant invoices. The Employer agrees to pay FedEx reasonable and actual collection costs for invoices not paid on time.
8.1 FedEx shall be liable for non-performance or undue performance of a Service involving a Courier Shipment or for loss of Shipment in the course of performance of a Service involving a Courier Shipment, in line with the following rules:
a. A Service involving a Courier Shipment shall be considered not performed if it is lost, whereas a Courier Shipment shall be considered lost if it cannot be delivered within 30 days of the date of dispatch;
b. A Service involving a Courier Shipment shall be considered improperly performed if one of the following events occurs:
i. delay with respect to Delivery Time;
ii. deficiency in the Courier Shipment;
iii. damage to the Courier Shipment.
c. Non-performance or the improper performance of a Service involving a Courier Shipment shall be subject to compensation:
i. for loss of, deficiency in or damage to a Courier Shipment, which does not contain correspondence - in an amount no higher than the normal value of the lost or damaged items;
ii. for loss of, deficiency in or damage to a Courier Shipment with a declared value - in the amount requested by the Sender, no higher, however, than the declared value of the Courier Shipment;
iii. for loss of a Courier Shipment containing correspondence - in the amount equivalent to ten times the fee for the Service, no less, however, than fifty times the charges for handling a letter as registered, as specified in the price list of universal domestic services of the incumbent operator;
iv. for a delay in delivery of a Courier Shipment with respect to the Delivery Time - in an amount that does not exceed twice the charge for the Service.
d. If non-performance or undue performance of a Service involving a Courier Shipment:
i. results from tort;
ii. is due to willful misconduct of FedEx;
iii. results from gross negligence by FedEx,
FedEx shall be liable for damage to the Courier Shipment pursuant to the provisions of the Civil Code up to the full amount of the damage.
8.2 For loss of, deficiency in or damage to a Shipment of Goods caused after its pickup for carriage until its delivery, and for delay in the carriage of a Shipment of Goods, FedEx shall be liable in accordance with the principles and within the limits provided for in the Transportation Law.
8.3 Where the Service is performed by a subcontractor, FedEx shall not be liable for the actions or omissions of the subcontractor that are not related to the performance of the Service or not undertaken in order to perform it, in particular, for tort or acts prohibited by the law.
8.4 FedEx shall not be liable for any damage to a Shipment in cases specified in the applicable regulations of the Postal Law or the Transportation Law, or in cases where the damage to the Shipment is a result of:
a. dispatching a Shipment inadequately prepared or packed for carriage, as specified in the Rules or applicable legal regulations;
b. dispatching a Shipment excluded from carriage under these present Rules;
c. dispatching a Shipment of Goods containing an item of particular sensitivity due to its defects or natural properties;
d. loading, relocating or unloading the Shipment of Goods by the Sender or Recipient;
e. a Shipment of Goods which, in accordance with the regulations or agreement, ought to be supervised, if the damage results from circumstances which were to be prevented by the supervisor;
f. dispatching a Shipment which, due to its properties, requires application of special logistic procedures, without notifying FedEx thereof;
g. reasons attributable to the Employer, Sender or Recipient, not brought about through the fault of FedEx, or related to the properties of the goods or in the event of force majeure;
h. violation of the Rules or regulations indicated in item 1.1 of the Rules or of legal regulations by the Employer, the Sender or the Recipient.
8.5 FedEx shall be responsible for the collected amount from the moment of acknowledgment of its collection from the Recipient and up to the amount identified in the Consignment Note.
8.6 FedEx’s liability for a Shipment shall expire upon acceptance of the Shipment without reservations. The foregoing does not apply to claims based on invisible damage to the Shipment, if the Recipient notifies this to FedEx no later than within 7 days following acceptance of the Shipment and immediately after the discovery of the damage. In such cases, it is required that the claimant proves that the deficiency or damage to the Shipment occurred between its acceptance by FedEx to perform the Service and its delivery to the Recipient.
8.7 In the event of damage or delay in Delivery, a report shall be drawn up and signed by the Employer or the Recipient and a FedEx representative or transferred to FedEx via an online form. The report shall be drawn up using a FedEx form and shall contain all the required information (including, in particular, date and time of execution, date and time of Delivery, description of the damage and condition of the Shipment, information about the Shipment packaging). The report shall be drawn up upon Delivery. In the case of invisible damage, a report should be drawn up within 7 days from the date of Delivery, subject to delay in the running of this period upon the notification of damage to FedEx and the desire to determine the state of the Shipment.
8.8 To the fullest extent permitted by the applicable law, FedEx shall not be liable for lost profits or indirect or consequential damages, including, but not limited to, loss of economic or business opportunity, loss of earnings, loss of business value or reputation, losses caused by business interruption, additional costs.
9.1 Depending on the declared value of the Shipment, FedEx may insure it at the cost of the Employer up to the declared value as indicated in the Consignment Note.
9.2 FedEx reserves the right to verify the declared value of the Shipment with respect to FedEx Domestic Services. In the event the value of the Shipment is not declared in the Consignment Note, the Employer authorizes FedEx to assume that the declared value of the Shipment is PLN 50.00 (the provision does not apply to Consumers and Persons to whom the rights of Consumers are granted by the Statute).
9.3 Regarding TNT Domestic Services, if the value of a Shipment of Goods or of a Courier Shipment exceeds PLN 500, the Employer is required to insure the Shipment in accordance with the declared value. In the event that the Shipment is not insured by the Employer, the Parties agree that the declared value of this Parcel is 500 PLN.
9.4 Insurance shall cover any actual damage resulting from loss of, damage to or deficiency in the Shipment; however, the insurance shall not exceed the declared value of the Shipment.
9.5 Detailed information regarding the terms and conditions of insurance are laid down in the FedEx Guide to Domestic Services and the TNT Guide to Domestic Services.
9.6 Insurance certificates or excerpts from the insurance policy confirming FedEx’s insurance are available at (1) www.tnt.com/express/pl_pl/site/terms-conditions.html for TNT Domestic Services, and (2) www.fedex.com/en-pl/about/resources.html for FedEx Domestic Services.
9.7 The insurance value of a Shipment covered by a single Consignment Note cannot exceed PLN 100 000. If the value of the Shipment exceeds PLN 100 000, the insurance company must be informed and give consent for insurance coverage.
10.1 Complaints shall be filed and compensation claims shall be pursued on the basis and within the deadlines specified in: (1) the Postal Law – for Courier Shipment orders; (2) the Transportation Law – for Shipment of Goods orders.
10.2 Any claims, including Complaints related to the provision of Services involving Courier Shipments, should be submitted:
a. electronically, by filling a Complaint Form (available at: http://www.fedex.com/pl/domestic-services/claims.html for FedEx Domestic Services or at: https://www.tnt.com/express/pl_pl/site/support/contact.html for TNT Domestic Services), or
b. in writing; or
c. orally, subject to completion of the electronic Complaint form, if FedEx deems it necessary.
10.3 FedEx shall consider Complaints related to Courier Shipments filed electronically, in writing, or orally for the record, if those are accompanied with a full set of documents required under the applicable legal regulations and these Rules. A Complaint concerning a Courier Shipment shall include in particular:
a. the date of the Complaint;
b. the full name or business name and address for correspondence of the complainant;
c. the number of the Consignment Note or another proof of posting the Courier Shipment;
d. the Consignment Note;
e. the Damage Report, if made;
f. a justification, as precise as possible, describing the facts;
g. the amount of compensation in the event that the complainant demands compensation;
h. documents indicating and justifying the amount of the claim (receipt, VAT invoice, etc.) if the Complaint includes a demand for compensation;
i. the number of the bank account to which FedEx should transfer the compensation in the event of acceptance of the Complaint or address for compensation payment;
j. the signature of the complainant (except for electronic Complaints);
k. the date and place of Shipment posting;
l. a statement of the Sender on waiving the right to assert claims - if the Sender waives the right to assert claims for the benefit of the Recipient (in case of an electronic Complaint - a copy of such statement).
10.4 A Complaint filed otherwise than by electronic means of communication shall be accompanied by:
a. original document confirming Shipment posting or original confirmation of Shipment posting, if such document was issued to the Sender – for visual inspection;
b. copy of the damage or deficiency report made by FedEx immediately upon Shipment acceptance – where such shipment was accepted by the Recipient; or
c. statement describing discovered Shipment deficiencies or damages made immediately upon Shipment acceptance;
d. photographs of the Shipment packaging or contents or – depending on FedEx’s decision – original packaging of a damaged Shipment;
e. statement confirming discovery of invisible deficiencies or damage to the Shipment, made within 7 days of Shipment acceptance without reservation, including description of circumstances or evidence proving that such Shipment deficiencies or damage occurred during the period from Shipment acceptance by FedEx to Shipment delivery;
f. description of circumstances confirming Shipment posting or delivery and evidence confirming such fact.
10.5 Complaints filed by electronic means of communication shall be accompanied by copies of the documents listed in the preceding item above; should it prove necessary for proper Complaint examination, FedEx shall be entitled to request that original documents be provided.
10.6 Where a Complaint is examined regarding damage to or deficiency in the contents of the Shipment, both its contents and the original packaging shall be provided to FedEx upon each request (this does not apply to Consumers and Persons to whom the rights of Consumers are granted by the Statute).
10.7 FedEx shall respond to a Complaint within 30 days of receipt. In cases where formal deficiencies of a Complaint need to be supplemented, the period shall start running upon receipt of a completed Complaint by FedEx.
10.8 For Shipments of Goods, Complaints shall be filed and compensation claims shall be pursued pursuant to the provisions of the Transportation Law.
10.9 Any claims with respect to Services involving Shipments of Goods shall be filed:
a. electronically, by filing a Complaint Form (available at www.fedex.com/pl/domestic-services/claims.html); or
b. in writing.
10.10 Any Complaints with regard to Shipment of Goods filed electronically, in writing, as documents, or made orally for the record, shall be examined by FedEx if accompanied with a full set of documents required under the applicable legal regulations and these Rules. A Complaint concerning a Shipment of Goods shall include in particular:
a. FedEx business name and headquarters address;
b. First and last name or business name and correspondence address of the complainant;
c. Copy of the document confirming agreement execution or details required by FedEx for identification of contract of carriage;
d. Justification of the Complaint;
e. Compensation amount, if the complainant demands compensation;
f. Bank account number to which FedEx should transfer the compensation, if the Complaint is accepted;
g. Signature of the complainant (except for electronic Complaints).
10.11 If a Complaint is filed electronically, it shall be accompanied with documents in an electronic form. If a Complaint is filed orally, it shall be accompanied with paper or electronic documents.
10.12 For the avoidance of doubt, reported non-performance or undue performance of a Service without demand for compensation shall also be considered a Complaint.
10.13 Where a Complaint fails to meet the formal requirements specified in the Rules above and in legal regulations, FedEx shall request the complainant to remove the formal deficiencies within the deadline of:
• 14 days for Shipments of Goods;
• 7 days for Courier Shipments
from the day of delivery of the request. Until such formal deficiencies are removed, any deadlines applicable to the Complaint shall be suspended. In the event of failure to remove any formal deficiencies, the Complaint shall not be examined, which fact shall be notified by FedEx in writing or via email.
10.14 A Complaint reported by an unauthorized person, i.e., other than the Employer or the Recipient, shall be treated as not submitted, which shall be immediately notified by FedEx, stating the possibility of submitting a complaint by an authorized person.
10.15 FedEx shall respond to a Complaint in writing or via email. The response shall include, in particular:
a. FedEx name and contact details;
b. Legal basis;
c. Final decision, including the grounds therefor;
d. Where a compensation is granted – the amount of the compensation and information on the method and date of payment, which shall be no later than within 30 days;
e. Where the amount due is refunded – the relevant amount and information on the method and date of payment;
f. Note on the right to appeal and location where such appeal is to be filed;
g. Note on the right to take legal action in civil proceedings;
h. Signature of an authorized FedEx employee, including first and last name and official position.
10.16 Filing a Complaint shall not entitle the complainant to set off any amounts requested under the Complaint from any current, past or future liabilities towards FedEx (this shall not apply to Consumers and Persons to whom the rights of Consumers are granted by the Statute).
10.17 An Employer who is a Consumer or a Person to whom the rights of Consumer are granted by the Statute, who executes a distance Service agreement – where such agreement specifies the date or period of service performance – shall not be entitled to withdraw from the agreement, pursuant to Art. 38(12) of the Consumer Rights Act.
11.1 Data Controller
The Controller of your personal data is FedEx Express Poland sp. z o.o., with its registered office in Warsaw, at ul. Annopol 19, 03-236 Warsaw. You can contact the Controller at the above specified address, as well as by e-mail to: firstname.lastname@example.org, email@example.com or firstname.lastname@example.org.
1. A dispute between the Employer, Recipient and FedEx regarding Services involving Courier Shipments may be resolved by a settlement reached within the procedure of out-of-court settlement of consumer disputes (hereinafter “ADR Procedure”).
2. ADR Procedure shall be conducted by the President of the Office of Electronic Communications (PL – Urząd Komunikacji Elektronicznej – hereinafter “UKE”). The President of UKE may refuse to resolve a consumer dispute if the value in dispute is lower than the minimum amount (PLN 10.00) specified in the applicable implementing rules. ADR Procedure shall be conducted in paper or electronic form.
3. A request for initiation of an ADR Procedure shall be filed (1) on paper, to the address of UKE or UKE field organizational unit having jurisdiction over the requestor’s residence or registered office; or (2) in electronic form, via the electronic platform of public administration services or via the dedicated contact form published on the UKE Public Information Bulletin website.
4. Detailed scope and forms of ADR Procedure are specified in the Act on Out-of-Court Settlement of Consumer Disputes (Journal of Laws Dziennik Ustaw of 2016, item 1823).
5. Detailed regulation regarding the scope and forms of out-of-court settlement of consumer disputes is available at www.fedex.com/pl.
II. Special Part relative to FedEx Domestic Services
13.1 Unless a separate framework agreement or provisions of the Price List stipulate otherwise, a Shipment shall be delivered on the next business day following its acceptance by FedEx. For Shipments which are defined as a pallet or half pallet in the Price List, the Delivery date specified in the preceding sentence shall only apply to selected post codes (detailed list of post codes is a part of the Price List) in the territory of the Republic of Poland.
13.2 Using the FedEx Domestic Service to post a Shipment whose declared value exceeds PLN 2,500.00 shall require a consent on the part of FedEx.
13.3 The Employer consents to the fact that a confirmation of the Delivery may be made electronically, and the confirmation printout from the FedEx system, containing an image of the electronic signature registered on the scanning device, is a valid proof of Shipment Delivery.
13.4 In the event of absence of the Recipient, FedEx shall leave a missed delivery note, specifying the Branch and date when the Shipment may be collected. In such cases, a Shipment shall be collected at the relevant Branch, unless the Parties agree another location of Shipment collection. As regards Shipments subject to Delivery to a Residential Area, FedEx shall make two Delivery attempts; as regards other Shipments, FedEx shall make three Delivery attempts. The deadline for Shipment collection is five business days. This period starts running on the next day following the last Shipment Delivery attempt.
13.5 Unless this may cause excessive difficulties, FedEx may additionally perform the following activities upon the request of the Employer or Recipient:
a. deliver the Shipment to another address, to a Partner Point, or on another Delivery Time;
b. store the Shipment longer than for the period allowed under the rules;
c. change or cancel the COD Shipment status, solely and exclusively upon the Employer’s order.
14.1 Upon the Recipient’s or Employer’s instruction, a Shipment with a weight of up to 20 kg and dimensions of no more than 60 cm x 60 cm x 80 cm, which is not classified as Dangerous Goods, may be collected from a Partner Point or accepted for Service performance at a Partner Point. Should the Recipient or the Employer give such instructions, the Delivery Time shall be deemed observed at the time the Shipment is left at a Partner Point.
III. Special Part relative to TNT Domestic Services
15.1 Shipment shall be accepted upon a telephone order, an online booking, or based on a framework agreement.
15.2 The Employer consents to the fact that Delivery confirmation is only made in an electronic form, and a confirmation printout from the FedEx system, containing an image of the signature registered on the scanning device, is a valid proof of Shipment Delivery.
15.3 The rates specified in the Price List are subject to indexed fuel surcharge, and FedEx reserves the right to change the index and the fuel surcharge table upon notification to the Employer. More information regarding the fuel surcharge is available at https://www.tnt.com/express/pl_pl/site/shipping-services/fuel-surcharges-europe.html#cms-dt-1=1. The amount, duration and the type of the fuel surcharge shall be determined at FedEx’s discretion.
15.4 Employer ordering a TNT Domestic Service may issue specific invoicing instructions to FedEx, other than those resulting from item 7.4, or agree with the Recipient or with another third party that he/she shall pay the amount due for the performed TNT Domestic Service. However, the Employer, the Recipient or another third party shall be jointly and severally liable for the payment of the remuneration.
15.5 In the event of absence of the Recipient, a missed Delivery note shall be left, specifying the Branch and date when the Shipment may be collected. In such cases, a Shipment shall be collected at the relevant Branch, unless the Parties agree another location of Shipment collection. As regards Shipments subject to Delivery to a Residential Area, FedEx shall make two Delivery attempts; as regards other Shipments, FedEx shall make three Delivery attempts. The deadline for Shipment collection is five business days. This period starts running on the next day following the last Shipment Delivery attempt.
15.6 A TNT Domestic Service is subject to a fee based on either the declared actual weight of the Shipment or the declared volumetric weight of the Shipment, whichever is greater; the volumetric weight shall be calculated with the use of the formula specified in the Price List. FedEx shall be entitled to check the weight and/or volume of the Shipment and/or the number of items composing such Shipment, and the Employer and the Sender consents to the fact that the Shipment actual weight and/or its actual volumetric weight, whichever is greater, shall be adopted for the purposes of cost calculation. Should a Shipment be deemed by FedEx as unsortable with the use of an automatic device, FedEx reserves the right to charge a fee in addition to its applicable rates.