GERNERAL TERMS AND CONDITIONS of Carriage
By placing an order for Export 3000 CO. LTD., you as the sender declare, on your behalf and on the behalf of anyone else with an interest in the shipment, that you are agreeing that the present General Transport Terms and conditions shall apply for any shipment provided by Export 3000 CO.,LTD., deviations are not permitted unless otherwiese agreed in writing by the management of Export 3000 CO.LTD.
"Shipment" in the sense of the present General Transport Terms and conditions means all goods or parcels that travel under one waybill and which may be carried by any means Export 3000 CO.,LTD chooses, including air, road or any other carrier. A "waybill" in the sense of these General Transport Terms shall include any label, airway bill or other waybill produced by Export 3000 CO.LTD.
The present General Transport Terms and Conditions apply always and to each single waybill. Every shipment is transported on a limited liability bases as described hereinafter. If the shipper requires larger protection, then insurance may be arranged at an additional cost. Please see below for further information. These General Transport Terms apply to any other company belonging to the worldwide Export 3000 CO.LTD Network.
1. Customs, exports and imports
In the event of export articles which are subject to prior authorisation, the sender has to enclose the export permit to the shipment and to inform Export 3000 CO.LTD about that export authorisation as well as about its content, if relevant for Export 3000 CO.,LTD. On the base information provided bny the sender or obvious facts, Export 3000 CO. LTD is authorised to perform any of the following activities on senders` behalf in order to provide its shipping services: (1) complete the waybill, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations, (2) act as Shipper’s forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and (3) redirect the Shipment to Receiver’s import broker or other address upon request by any person who DHL believes in its reasonable opinion to be authorised.
2. Unacceptable shipments
Shipper agrees that the shipment is acceptable for transportation and is deemed unacceptable if
- it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), ADR (European Road Transport Regulation on dangerous goods), any applicable government department or other relevant organisation;
- no customs declaration is maded when required by applicable customs regulations;
- it contains couterfeit goods, animals, Gold and silver bullions or other precious metals and stones, currency, banderols/tax stickers, bearer from negotiable instruments, real or imitation firearms and parts thereof, weapons, explosives and ammunition; human remains, pornography or illegal narcotics/drugs),
- it contains any other item which Export 3000 CO.LTD. which decides cannot be carried safely or legally or
- its packaging is defective or inadequate.
3. Deliveries and Undeliverables
Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the receivers`s address given by the sender (which in the case of mail services shall be deemed to be the first receiving postal service) but not necessarily to the named receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. If the shipment is deemed to be unacceptable, or it has been undervalued for customs purposes, or the receiver cannot be reasonnably identified or located, or the receiver refuses delivery or to pay for delivery, Export 3000 CO.LTD. is obliged to use all reasonable efforts to return the shipment to the sender. The return fees will be on sender`s cost. If return efforts are failing, the shipment may be released, disposed of or sold by Export 3000 CO.LTD.without encurring any liability whatsever to the sender or anyone else. with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to the sender.
Export 3000 CO.LTD. has the right to open and inspect a Shipment without notice.
5. Shipment charges
The Shipment charges of Export 3000 CO.LTD. are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by Export 3000 CO.LTD. to confirm this calculation. The sender shall pay or reimburse Export 3000 CO.LTD. for all shipment charges, ancillary charges, duties and taxes owed for services provided by Export 3000 CO.LTD. or incurred by Export 3000 CO.LTD. on Shipper’s or Receiver’s or any third party’s behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport as described in Section 2.
6. Liability of Export 3000 CO. LTD
The liability of Export 3000 CO.LTD. is strictly limited to direct loss and damage only and to the per kilo/Ib limits in this Section 6. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to Export 3000 CO.LTD.’s attention before or after acceptance of the Shipment. If a Shipment combines carriage by air, road or other mode of transport, it shall be deemed to have been carried by air. The liabiliy of Export 3000 CO.LTD. in respect of any one Shipment transported, without prejudice to Sections 7-11, is limited to its actual cash value and shall not exceed:
- $US 25.00/kilogram or $US 11.34/lb for Shipments transported by air or other non-road mode of transportation; or
- $US 12.00/kilogram or $US 5.44 /lb for Shipments transported by road.
Claims are limited to one claim per Shipment settlement of which will be full and final settlement for all loss or damage in connection therewith. If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Section 8 (Shipment Insurance) or make its own insurance arrangements, failing which Shipper assumes all risks of loss or damage.
7. Time limits for claims
All claims must be submitted in writing to Export 3000 CO.LTD. within thirty (30) days from the date that Export 3000 CO.LTD. accepted the Shipment, failing which Export 3000 CO.LTD. shall have no liability whatsoever.
8. Shipment insurance
Export 3000 CO.LTD can arrange insurance for the sender covering the actual cash value in respect of loss of or physical damage to the Shipment, provided the sender completes the insurance section on the front of the waybill or requests it via Export 3000 CO.LTD.’s automated systems and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.
9. Delayed Shipments and Money-Back Guarantee
Export 3000 CO. LTD will make every reasonable effort to deliver the Shipment according to Export 3000 CO.LTD.`s regular delivery schedules, but these schedules are not binding and do not form part of the contract. Export 3000 CO.LTD. is not liable for any damages or loss caused by delays.
10. Circumstances Beyond the control of Export 3000 CO. LTD
Export 3000 CO. LTD. is not liable for any loss or damage arising out of circumstances beyond the control of Export 3000 CO.LTD. These include but are not limited to:- electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to DHL; any act or omission by a person not employed or contracted by Export 3000 CO.LTD. - e.g. Shipper, Receiver, third party, customs or other government official; “Force Majeure” - e.g. earthquake, cyclone, storm, flood, fog, war, plane crash or embargo, riot or civil commotion, industrial action.
11. Internationale Conventions
If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Montreal Convention, or the Warsaw Convention as applicable, governs. For international road transportation, the Convention for the International Carriage of Goods by Road (CMR) may apply. These conventions limit the Export 3000 CO.LTD.`s liability for loss or damage.
12. Sender`s Warranties and Indemnity
The sender shall indemnify and hold Export 3000 CO.LTD. harmless for any loss or damage arising out of Sender`s failure to comply with any applicable laws or regulations and for Sender’s breach of the following warranties and representations:
- all information provided by the Sender or its representatives is complete and accurate;
- the Shipment was prepared in secure premises by Sender’s employees;
- the Sender employed reliable staff to prepare the Shipment;
- the Sender protected the Shipment against unauthorised interference during preparation, storage and transportation to Export 3000 CO.LTD.;
- the Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling;
- all applicable customs, import, export and other laws and regulations have been complied with; and
- the waybill has been signed by Sender’s authorised representative and the Terms and Conditions constitute binding and enforceable obligations of the Sender.
The Sender agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
14. Governing Law
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of Export 3000 CO.LTD., to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment and Sender irrevocably submits to such jurisdiction, unless contrary to applicable law.
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.