Terms of Carriage
DHL EXPRESS TERMS AND CONDITIONS OF CARRIAGE (“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 insurance may be arranged at an additional cost. (Please see below for further information).
“DHL” means any member of the DHL Express Network.
“DHL Russia” means a legal entity member of DHL Express Network legally registered and acting in the Russian Federation.
1. Customs Clearance and Regulatory Compliance
DHL may perform any of the following activities on Shipper’s or Consignee’s behalf in order to provide services: (1) complete any documents, amend product or service codes and advance any duties, taxes or other regulatory charges required under applicable laws and regulations (“Customs Duties”), (2) act as Shipper’s or Consignee´s true and lawful agent or designate a customs broker to perform export control and customs clearance and (3) redirect the Shipment to Consignee’s customs broker or other address upon request by any person who DHL believes in its reasonable opinion to be authorized. Shipper or Consignee will provide any extra authorization required by applicable law for DHL to clear a Shipment.
2. 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 under ADR (European Road Transport Regulation on dangerous goods) or by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), or other relevant organization (“Dangerous Goods”),
- it contains any other item which DHL cannot carry safely or legally,
- the address is incorrect or not properly marked or its packaging is defective or inadequate to ensure safe transportation with ordinary care in handling.
3. 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 2, it has been undervalued for customs purposes, Consignee cannot be reasonably identified or located, or Consignee refuses delivery or to pay Customs Duties or 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.
4. Inspection
DHL has the right to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons.
5. Shipment Charges, Duties 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.
Payment of Customs Duties and other charges due as indicated on DHL’s website in the receiving country may be requested from Consignee prior to delivery.
This includes a fee if DHL uses its credit with the Customs Authorities or pays any Customs Duties on Consignee’s behalf. Shipper shall pay or reimburse DHL for all Customs Duties and other charges due for services provided by DHL or incurred by DHL on Shipper’s or Consignee’s behalf if Consignee has failed to pay.
6. DHL’s Liability
6.1. DHL’s liability in respect of any one Shipment transported by air (including ancillary road transport or stops en route) is limited by the Montreal Convention or the Warsaw Convention as applicable, or in the absence of such Convention, to the lower of (i) the current market or declared value, or (ii) 22 Special Drawing Rights per kilogram (approximately $US 30.00 per kilogram). Such limits shall also apply to all other forms of transportation, except where Shipments are carried only by road, when the limits below apply.
For cross border Shipments transported by road, DHL’s liability is or shall be deemed to be limited by the Convention for the International Carriage of Goods by Road (CMR) to the lower of (i) current market value or declared value, or (ii) 8.33 Special Drawing Rights per kilogram (approximately $US 11.00 per kilogram). Such limits will also apply to national road transportation in the absence of any mandatory or lower liability limits in the applicable national transport law.
If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Section 8 or make its own insurance arrangements.
DHL’s liability is strictly limited to direct loss and damage to a Shipment only and to the per kilogram 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 DHL’s attention.
6.2 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, but for certain Shipments, Shipper may be able to claim limited delay compensation under the Money Back Guarantee terms and conditions, which are available on the DHL website (https://mydhl.express.dhl/) or from DHL Customer Service.
7. 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.
8. Shipment Insurance
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 of the waybill or by using 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.
9. Circumstances Beyond DHL’s Control
9.1. 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, customs or other 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.
9.2. Shipper has been notified by DHL that international transportation and related services are provided partly outside Russia and may be beyond the control of DHL Russia. Such international services may involve natural and legal persons (such as DHL’s affiliates, sub-contractors or officers), who are not (i) legally established in Russia or (ii) nationals of Russia or (iii) residents of Russia (“Non-Russian persons”). The Shipper acknowledges and accepts that laws which apply outside of Russia prevent Non-Russian persons from performing certain services or accepting or processing certain transactions. The Shipper shall indemnify and hold DHL harmless in such events which are beyond the control of DHL Russia and its employees.
10. Shipper’s Representations, Warranties and Indemnities
- the Shipment is acceptable for transport under Section 2 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 complied with applicable export control, sanctions, customs laws and regulations or other applicable regulatory requirements and restrictions related to the import, export, transit or transfer of goods,
- Shipper has declared to DHL any controlled dual-use or military goods subject to government authorizations contained in the Shipment,
- 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, customs clearance and delivery.
11. Routing
12. Governing Law
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of, and governed by the law of the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
13. 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/) and the relevant country site or from local DHL Customer Service.
DHL EXPRESS MONEY-BACK GUARANTEE TERMS AND CONDITIONS
IMPORTANT NOTICE
DHL will, upon the customer's request and subject to the restrictions described below, provide a credit or a refund of the premium paid by the customer for a DHL Express shipment, that is delivered later than DHL's quoted delivery commitment.
DHL’s full money back guarantee (“the Guarantee”) is subject to the following conditions:
A. The Guarantee only applies to the services
- DHL EXPRESS 9:00
- DHL EXPRESS 10:30
- DHL EXPRESS 12:00
(each a "Service") and to shipments which comply fully with the restrictions which are described herein.
B. The Guarantee applies to the premium over and above the customer’s price for a standard end of day service (DHL EXPRESS WORLDWIDE) (the “Premium”). The Guarantee is exclusive of all other items, including, without limitation, fines, taxes or other charges or amounts (such as any fuel surcharge component), and transportation charges resulting from returned shipments.
C. In the case of multiple piece shipments, the Guarantee will apply to every piece in the shipment. If a late delivery occurs for any piece within the shipment, the credit or refund will be applicable to the entire shipment.
D. Customer must notify DHL of any claim for late delivery, in writing or by telephone, within 14 calendar days of the shipment date and provide DHL with the account number (if any), the waybill number, the date of shipment, and complete receiver information. Within 30 calendar days after customer so notifies DHL, DHL shall either:
- provide the customer with the credit or refund,
- provide the customer with information explaining the reason that the shipment is not eligible for the Guarantee under the applicable limitations or exclusions, or
- provide the customer with evidence of timely delivery.
E. Customer may not permit any other party to notify claims on its behalf nor assign claims to any other party. Payment by DHL of the Premium to the customer shall constitute a full release of DHL’s obligations for any delay under the Guarantee.
F. The Guarantee will not apply where late delivery or failure to deliver is due to circumstances beyond DHL’s control, as set out in the DHL Terms and Conditions of Carriage and including customs delays, inaccurate or incomplete shipment information, delivery instructions or information (such as P.O. Box for receiver address, missing or inaccurate receiver telephone number), or receiver’s request for delay, shipment diversion or non-standard clearance services; or unavailability or refusal of the receiver to accept delivery or to pay duties and taxes against delivery if requested.
G. All other provisions of the DHL Terms and Conditions of Carriage apply. The Guarantee is subject to modification or cancellation by DHL at any time.
H. If a customer has an extremely time-sensitive shipment, the loss or delay of which may result in consequential damages, the customer must contact his own insurance agent or broker to insure against such risks, as DHL does not assume such liabilities. DHL does not provide and will not arrange such shipment insurance.
I. The Guarantee does not apply to:
(i) shipments linked to clinical trials where temperature sensitive packaging is being used;
(ii) the extra charges applicable to any optional service sold with the shipment, e.g. packaging;
(iii) temporary exports;
(iv) shipments with high value contents that require formal customs clearance;
(v) shipments with over-weight pieces (more than 70kg/150lbs for pre-12:00 Services and more than 30kg/66lbs for other Services) or with over-sized pieces (more than 120cm /48 inches), or with pallets; and/or
(vi) shipments containing permitted Dangerous Goods.
DHL’s full money back guarantee (“the Guarantee”) is subject to the following conditions:
A. The Guarantee only applies to the services
- DHL EXPRESS 9:00
- DHL EXPRESS 10:30
- DHL EXPRESS 12:00
(each a "Service") and to shipments which comply fully with the restrictions which are described herein.
B. The Guarantee applies to the premium over and above the customer’s price for a standard end of day service (DHL EXPRESS WORLDWIDE) (the “Premium”). The Guarantee is exclusive of all other items, including, without limitation, fines, taxes or other charges or amounts (such as any fuel surcharge component), and transportation charges resulting from returned shipments.
C. In the case of multiple piece shipments, the Guarantee will apply to every piece in the shipment. If a late delivery occurs for any piece within the shipment, the credit or refund will be applicable to the entire shipment.
D. Customer must notify DHL of any claim for late delivery, in writing or by telephone, within 14 calendar days of the shipment date and provide DHL with the account number (if any), the waybill number, the date of shipment, and complete receiver information. Within 30 calendar days after customer so notifies DHL, DHL shall either:
- provide the customer with the credit or refund,
- provide the customer with information explaining the reason that the shipment is not eligible for the Guarantee under the applicable limitations or exclusions, or
- provide the customer with evidence of timely delivery.
- the pick-up address,
- the commodity being shipped,
- (if applicable) its value for customs purposes,
- the time and date the shipment is available to be picked-up,
- the exact destination, including post code,
- the shipment weight,
- the shipment dimensions,
- the number of pieces.
E. Customer may not permit any other party to notify claims on its behalf nor assign claims to any other party. Payment by DHL of the Premium to the customer shall constitute a full release of DHL’s obligations for any delay under the Guarantee.
F. The Guarantee will not apply where late delivery or failure to deliver is due to circumstances beyond DHL’s control, as set out in the DHL Terms and Conditions of Carriage and including customs delays, inaccurate or incomplete shipment information, delivery instructions or information (such as P.O. Box for receiver address, missing or inaccurate receiver telephone number), or receiver’s request for delay, shipment diversion or non-standard clearance services; or unavailability or refusal of the receiver to accept delivery or to pay duties and taxes against delivery if requested.
G. All other provisions of the DHL Terms and Conditions of Carriage apply. The Guarantee is subject to modification or cancellation by DHL at any time.
H. If a customer has an extremely time-sensitive shipment, the loss or delay of which may result in consequential damages, the customer must contact his own insurance agent or broker to insure against such risks, as DHL does not assume such liabilities. DHL does not provide and will not arrange such shipment insurance.
I. The Guarantee does not apply to:
(i) shipments linked to clinical trials where temperature sensitive packaging is being used;
(i) shipments linked to clinical trials where temperature sensitive packaging is being used;
(i) shipments linked to clinical trials where temperature sensitive packaging is being used;
(iv) shipments with high value contents that require formal customs clearance;
(v) shipments with over-weight pieces (more than 70kg/ 150lbs) or with over-sized pieces (more than 120cm /48 inches), or with pallets; and/or
(vi) shipments containing permitted Dangerous Goods.
Service Restrictions/Guidelines
A. The Services are available only from specified locations to specified post code destinations (or towns where no post codes are available).
B. The Services are not available for unacceptable shipments as defined in the DHL Terms and Conditions of Carriage or for shipments which do not meet any other restrictions on size, weight, commodity or value identified by DHL.
C. To establish whether a Service is available for a particular shipment, between a particular origin and destination, or in combination with a particular service option (such as Saturday Delivery), please consult DHL's website or contact DHL Customer Service and supply the following information:
D. The shipper must specify the requested Service on the waybill and must tender the shipment to DHL by the time agreed with DHL.
Valid from 01 July 2017
1. The present Terms and Conditions regulate the process of providing by DHL the service of arranging for the customs charges, customs VAT and other mandatory charges related to customs clearance of shipments when imported into the destination country (hereinafter referred to as “Charges”) as well as DHL’s services related to arranging for customs clearance in the destination country (hereinafter referred to as “Customs Clearance Services) to be paid by the Customer (hereinafter – Services).
2. The Service is provided only for the shipments sent from Russia or delivered between countries outside Russia. The Service is offered only to DHL account customers.
3. In order to receive the Service the Customer, when creating a DHL waybill via DHL’s electronic systems, chooses their account in the field in MyDHL+ application “Duties to be paid in the destination country”, the DD Service Code, whereas a DHL electronic waybill will reflect that the Customer has ordered the Service in the field “Service” as “Duties & Taxes Paid (DD)” and the DHL’s copy of the waybill which will accompany the shipment to the destination point will include the DTP Code.
4. The rates of providing the Service, due to be paid by the Customer to DHL, are posted on the website or are regulated by the Rates Appendix to the Agreement. In DHL’s invoices the service is referred to as “Customs charges payment arrangement”.
5. The list of payable Charges is stated in Clause 12. DHL bills to the Customer all the Charges levied in the destination country due to customs clearance in rubles based on the internal currency exchange rate fixed by DHL monthly (VAT exempt).
Customer may get scanned copies of the customs documents from the destination country in its local language for each waybill for the Service ordered by using MyBill application.
6. The list of Customs Clearance Services due to be paid by the Customer to DHL us stated in Clause 13. DHL bills to the Customer the sum of all the charges for Customs Clearance Services incurred in the destination country due to customs clearance in rubles based on the internal currency exchange rate fixed by DHL monthly (VAT exempt).
7. Payable charges for Customs Clearance Services and Customs Charges Payment Arrangement service may be billed with a delay of up to 180 days since the date DHL received the shipment for delivery.
The Customer shall pay for all the Charges and Customs Clearance Services billed daily within 7 calendar days since the invoice issue date regardless of the terms of the Agreement.
8. The Charges are not billed by DHL to the Customer in case the customs clearance of the Shipment in the destination country is dealt with by the receiver of the Shipment themselves or by the third party.
9. When the Customer places an order for the Service, DHL will take all the reasonable efforts to provide the Service in full, but not does guarantee that the Shipment receiver will be exempt from being required to pay any charges imposed by the customs authorities of the destination country which might be caused by the legislature applicable in the destination country or the requirements of the customs or any other authorized bodies.
10. Despite any other references, DHL’s liability by virtue of law is limited to the cost of the service. The present restriction applies to any damage incurred to the Customer due to the present service supply.
11. The terms used in the present Terms and Conditions and not specified herein are defined in line with the Agreement.
12. The list of payable Charges:
Surcharge name |
Definition |
Customs duties in the destination country |
Reimbursement of customs duties levied by the customs and any other authorized bodies in the destination country to DHL Express. |
Taxes in the destination country |
Reimbursement of taxes levied by the regulatory authorities in the destination country to DHL Express. |
Paperwork charges for controlled goods |
Reimbursement of mandatory charges levied by the state authorities in the destination country for control and inspection of food products, medicine, animal and plant products for their safety confirmation and import permit. |
Revenue charges for goods import |
Reimbursement of mandatory revenue charges levied by the customs authorities in the destination country for the goods import. The rates of the charges may be calculated as a percentage of the customs value of the goods or as a fixed fee. A combination of these calculation methods might also apply. |
Fines |
Fines imposed by the state authorities in the destination county in case the sender or the receiver fail to provide the required paperwork in time. The category includes all the possible potential fines. |
Handling in the special trade zone |
Mandatory charges levied by the customs authorities in the destination country in case the shipments are handled in special trade zones, e.g. free port, special economic zone, bonded warehouse, etc. |
Other mandatory charges |
Other mandatory charges levied by the customs authorities for licenses, import permits, control, inspection or any other actions required to complete customs clearance of the shipment in the destination country. |
12. The list of payable charges for customs clearance services:
Name of the customs service |
Definition |
Customs clearance |
Applies when the shipment requires for formal clearance in the destination country under an individual entry form. The service applies for shipping abroad. |
Customs clearance for multi-product shipments |
Applies for customs clearance in the destination country for multi-product shipments for each additional sheet or each additional commodity. The service applies for shipping abroad. |
Permits and licenses |
Applies, if at the importer/exporter’s request to accelerate customs clearance DHL is required to file controlled documents essential to declare a number of goods in the destination country, e.g. medical equipment, drugs, food products, groceries, etc. The service applies for shipping abroad. |
Bonded storage |
Applies when the shipment cannot be released by customs due to inaccurate or missing paperwork. Charges take effect three calendar days after the freight arrival date. The service applies for shipping abroad. |