DHL Express US Domestic Terms and Conditions of Carriage

DHL EXPRESS U.S. DOMESTIC TERMS AND CONDITIONS

CARRIAGE

(“U.S. Domestic Terms

and

Conditions”)

IMPORTANT

NOTICE

When ordering DHL’s services you, as “Shipper”, are agreeing, on your behalf and on behalf of

the consignee of the Shipment (“Consignee”) and anyone else with an interest in the Shipment

that these Terms and Conditions shall apply.

“Shipment” means all documents or parcels that travel under one waybill and which may be

carried by any means DHL chooses, including air, road or any other carrier. A “waybill” shall

include any Shipment identifier or document produced by DHL or Shipper automated systems

such as a label, barcode, waybill or consignment note as well as any electronic version thereof.

Every Shipment is transported on a limited liability basis as provided herein. If Shipper

requires greater protection, then Shipment Value Protection may be arranged at an additional

cost. (Please see below for further

information). “DHL” means any member of the DHL Express

Network.

1 Unacceptable Shipments

A Shipment is deemed unacceptable if:

• it contains complete firearms, ammunition, explosives, explosive devices or test pieces, air guns,

replica or imitation firearms; counterfeit goods; cash; bullion (of any precious metal); live animals,

prohibited animal parts or remains, such as ivory; human remains or ashes; loose precious or

semi-precious stones; cannabis or its derivatives; or illegal goods, such as narcotics or other

illegal drugs,

•

it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA

(International

Air Transport Association), ICAO (International Civil Aviation Organization), ADR

(European Road Transport Regulation on dangerous goods) or other relevant organization

(“Dangerous Goods”),

• it contains any other item which DHL decides cannot be carried safely or legally,

• its address is incorrect or not properly marked or its packaging is defective or inadequate to

ensure safe transportation with ordinary care in handling.

2 Deliveries and Undeliverables

Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the

Consignee’s address given by Shipper but not necessarily to the named Consignee personally.

Shipments to addresses with a central receiving area will be delivered to that area.

DHL may notify Consignee of an upcoming delivery or a missed delivery. Consignee may be

offered alternative delivery options such as delivery on another day, no signature required,

redirection or collection at a DHL Service Point.

If the Shipment is deemed to be unacceptable as described in Section 1, Consignee cannot be

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reasonably identified or located, or Consignee refuses delivery or to pay other Shipment charges,

DHL shall use reasonable efforts to return the Shipment to Shipper. This shall be at Shipper’s

cost. If it is not possible to return the Shipment, it may be released, abandoned, disposed of or

sold without incurring any liability whatsoever to Shipper or anyone else. DHL shall have the right

to destroy any Shipment

if DHL is prevented by any law or law enforcement agency from returning

it in whole or in part to Shipper, as well as any Shipment of Dangerous Goods.

3 Inspection

DHL has the right to open and inspect a Shipment without notice for safety, security or other

regulatory reasons.

4 Shipment Charges and Fees

DHL’s Shipment charges are calculated according to the higher of actual or volumetric weight

per piece and any piece may be re-weighed and re-measured by DHL to confirm this calculation.

ayment of other charges due as indicated on DHL’s website in the receiving location may be

requested from Consignee prior to delivery. Shipper shall pay or reimburse DHL for all charges

due for services provided by DHL or incurred by DHL on Shipper’s or Consignee’s behalf if

Consignee has failed to pay.

5 DHL’s Liability

5.1 DHL’s liability in respect of any one Shipment shall be limited to the lesser of (a) $100.00, or (b)

the actual value of the Shipment. The “actual value” of a Shipment means the cost of replacing or

reconstructing the Shipment and does not include any commercial utility or special value to the

Shipper or any other person.

If Shipper regards these limits as insufficient it must make a special declaration of value

and request Shipment Value Protection as described in Section 7 or make its own insurance

arrangements.

DHL’s liability is strictly limited to direct loss and damage to a Shipment only and to

the limits in this Section 5. 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

DHL’s attention.

5.2 DHL will make every reasonable effort to deliver the Shipment according to DHL’s

regular delivery schedules, but these schedules are not binding and do not form part of

the contract. DHL is not liable for any damages or loss caused by delay.

6 Claims

All claims must be submitted in writing to DHL within thirty (30) days from the date that DHL

accepted the Shipment, failing which DHL shall have no liability whatsoever. 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.

7 Shipment Value Protection

DHL may be able to arrange shipment protection for loss of or damage to the Shipment,

covering the full value of the goods, provided that the Shipper so instructs DHL in writing,

including by completing the Shipment Value Protection section on the waybill or by using

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DHL’s automated systems and pays the applicable charge. Shipment Value Protection does not

cover indirect loss or damage, or loss or damage caused by delays.

8 Circumstances Beyond DHL’s Control

DHL is not liable for any loss or damage arising out of circumstances beyond DHL’s control.

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

DHL - e.g. Shipper, Consignee, third party, or government official;

third party cyber-attacks or other

information security related threats; “Force Majeure” - e.g. earthquake, cyclone, storm, flood, fog,

war, plane crash, embargo, riot, epidemic, pandemic, civil commotion, or industrial action.

9 Shipper’s Warranties and Indemnities

Shipper shall indemnify and hold DHL and its directors, officers, employees and agents harmless

from and against all and any liabilities, losses and damages arising out of Shipper’s failure to comply

with the following warranties and representations:

• the Shipment is acceptable for transport under Section 1 above,

• the Shipment was prepared in secure premises by reliable persons and was protected

against unauthorized interference during preparation, storage and any transportation to

DHL,

•

Shipper has provided all information, permits, licenses or other government authorizations and

documents, as required by applicable law or upon request from DHL, and all information,

permits, licenses or other government authorizations and documents provided by Shipper or

its representatives are true, complete and accurate, including the value and description of the

goods and Shipper and Consignee information,

• when providing personal data to DHL, Shipper has complied with its legal obligations to process and

share this data, including informing the affected individuals that personal data, including

Consignee’s email address and mobile phone number, is required for transport and delivery.

10 Routing

Shipper agrees to all routing and diversion, including the possibility that the Shipment may be

carried via intermediate stopping places.

11 Governing Law

Any dispute arising under or in any way connected with these Terms and Conditions shall be

subject to the jurisdiction of the courts of, and governed by the law of the state in which the

Shipment was tendered to DHL

without regard to conflict of law provisions.

12 Severability

The invalidity or unenforceability of any provision shall not affect any other part of these Terms

and Conditions.

Further information is available on the DHL website (https://mydhl.express.dhl/) or from DHL

Customer Service.

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