TNT Terms and Conditions of Carriage for Europe

2. Definitions. 

“Air Waybill” or “Waybill” means any shipping document, manifest, consignment note, label, stamp, electronic entry or similar item used in the TNT transportation system to initiate movement of a Shipment. 

“Ancillary Services” means all services not being Transportation Services.

“B2C Shipments” means Shipments pursuant to a commercial transaction between a business-Sender (acting for professional purposes) and an individual consumer-Recipient (acting outside of their professional purposes).

“Business Day” means any day on which businesses in the country, territory or region of origin or in the country or region of destination are open for business. Business days and holidays may vary by country, territory or region. Contact TNT for delivery commitments which may be affected.

“Business Delivery” means delivery made to commercial or business premises, excluding (a) homes or private residences, (b) locations where a business is operated from home or a residence that is designated by the Sender as residential, and (c) B2C Shipments.

“Charges” means Transportation Charges and any other charges or surcharges assessed or levied pursuant to these Conditions from time to time, including fuel and other surcharges, clearance service fees, ancillary charges, Enhanced Liability or Insurance charges, return charges, special handling fees, duties and taxes, import and export surcharges, and other costs reasonably incurred by TNT relating to transport of a Shipment. Details of any other surcharges are available on tnt.com. TNT will charge value added taxes on its Charges in line with applicable law and regulations.

“CMR” means the Convention on the Contract for the International Carriage of Goods by Road 1956 as amended in 1978. 

“Conditions” means these terms and conditions of carriage as updated on tnt.com from time to time. 

“Conventions” means the Warsaw Convention, the Montreal Convention, and the CMR collectively.

“Declared Value for Customs” means the selling price or replacement cost of the Shipment’s contents as required for customs clearance purposes.

“Delivery Commitment Time” means the published delivery commitment time for the TNT service or the delivery commitment time quoted by TNT customer service for that Shipment, which takes into account the commodity being shipped, the date, precise destination, weight and value of the Shipment.

“Enhanced Liability” means that value, if applicable, indicated by the Sender on the Waybill, constituting the maximum amount of TNT liability in circumstances where TNT is liable under an applicable Convention or local law, in connection with the Shipment for which the Sender pays the required fee. 

“Europe” means Albania, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bosnia Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Latvia, Lithuania, Luxembourg, Macedonia, Malta, Moldova, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russia, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, United Kingdom and Ukraine, collectively. 

“Insurance” means that value indicated by the Sender on the Waybill, constituting the maximum amount for which TNT assumes the risk in connection with the Shipment, and for which the Sender pays the required fee.

“Leakage” has the meaning set out in Section 7 (Shipment Preparation).

“Montreal Convention” means the Montreal Convention of May 28, 1999 and all subsequent applicable Protocols. 

“Package” means any single parcel or piece that is tendered by Sender to TNT for transportation and is accepted by TNT from Sender.

“Prohibited Items” means the items and types of Shipments set out in Section 10 (Prohibited Items) of these Conditions.

“Recipient” means the natural or legal person stated on the Waybill as the recipient of the Shipment.

“Residential Delivery” means a delivery made to a home or private residence, including locations where a business is operated from the home or private residence, or a delivery in which the Sender has designated the delivery address as residential.

“Sender” means the natural or legal person stated on the Waybill as the sender of the Shipment.

“Services” means Ancillary Services and Transportation Services collectively. 

“Shipment” means one or more Packages moving on a single Waybill.

“TNT” means Federal Express Corporation, its subsidiaries, branches and affiliates, their respective employees and agents (to the extent applicable).

“TNT Account Number” or “TNT Account” means the number issued by TNT to a customer ensuring account activity is summarized by the TNT system and the payer is billed appropriately.

“Transportation Charges” means the rates assessed for movement of a Shipment by TNT in accordance with these Conditions from time to time, excluding other charges or surcharges which may be assessed or levied, such as fuel surcharges, clearance service fees, ancillary charges, Enhanced Liability or Insurance charges, special handling fees, duties and taxes, import and export surcharges, and other surcharges.

“Transportation Services” means the services for carriage of a Shipment offered and performed by TNT pursuant to a TNT Waybill excluding FedEx air waybills.  

“Unique Items” means items to which Enhanced Liability or Insurance cannot apply due to their nature, including precious stones, precious metals, jewellery, unprotected furniture, glass, china, objects of art, antiques, furs, collector’s items, musical instruments, important documents including passports, smart phones, smart watches, tablets, laptops, electronic screens, plasma screens, films, tapes, discs, memory cards or any other data or image carrying goods.

“Warsaw Convention” means the Warsaw Convention of October 12, 1929, as amended by the Hague Protocol of September 28, 1955 and all subsequent applicable Protocols, as well as the Guadalajara Convention of September 18, 1961. 

4. Fuel and Other Surcharges.

TNT reserves the right to assess and revise its fuel surcharge and other surcharges set out on tnt.com from time to time and without notice. The duration and amount of such revisions will be determined by TNT. The Sender, by tendering a Shipment to TNT, agrees to pay the surcharge(s) in force at that time. Details of current surcharges are available on tnt.com.

6. Billing. 

6.1 Invoices for Transportation Charges and related Charges are in principle payable without withholding or set off, within 30 days of the invoice date. For certain countries, a different payment term may apply; details are available upon request. Invoices for duties, taxes and other related Charges are payable upon receipt. Notwithstanding, TNT reserves the right to require payment of any Charges in advance. TNT will in principle invoice all Shipments weekly in arrears from the collection date, unless agreed otherwise. TNT’s invoices do not include a copy of the proof of delivery.

6.2 Where permitted by law, TNT may provide electronic invoices as standard, unless the payer expressly requests otherwise. 

6.3 TNT reserves the right to apply payments to the oldest invoices first, in instances in which preferred remittance methods are not used or remittance details are not provided with payment.

6.4 In the event of late payment, TNT reserves the right to apply a late payment fee, late payment interest and administrative costs for such late payment. In such event, TNT may apply the applicable fee(s), costs and/or interest rate(s) as determined by TNT and in accordance with any applicable EU or local late payment laws. 

6.5 If payment is to be made by way of charge to a TNT Account, the party that initiates the Shipment must enter a valid, current TNT Account Number on the Waybill in order for TNT to accept the Shipment. Charges to a TNT Account may take the form of: 

a. “Bill Sender” or “Bill Shipper”: TNT will bill Charges to the Sender’s TNT Account. 

b. “Bill Recipient” or “Bill Consignee”: TNT will bill Charges to the Recipient’s TNT Account. Acceptable for carriage to specified locations only.

6.6 Regardless of any payment instructions or provisions to the contrary, the Sender (or the party initiating an import shipment transaction, as the case may be) will always remain ultimately liable for the Charges, and in circumstances where the Recipient refuses to pay.

6.7 Disputes related to invoices should be submitted by the Sender or Recipient respectively to TNT no later than (a) 30 days from the date of invoice or (b) the invoice due date, whichever is later. TNT will only accept the submission of such a dispute if the following is stated therein: the (a) invoice number, (b) Waybill number and (c) reason of the dispute.

6.8 Duties and Taxes. If applicable, duties, taxes and other related Charges may be assessed on the contents of Shipments. If TNT disburses duties, taxes or other fees to a customs agency on behalf of the payer, the payer will be assessed a clearance service fee based on a flat rate or a percentage of the total amount disbursed (whichever is greater). TNT is not required to disburse payment of duties, taxes and other related Charges and may require the Sender or Recipient to pay TNT prior to TNT discharging any liability for duties, taxes or other related Charges. The Recipient will be charged for such duties and taxes unless TNT determines otherwise. In certain other circumstances the Sender may be charged for such duties and taxes, including the event in which the Shipment is sent to a third party site where the Recipient is not a resident. Invoices for duties, taxes and other related Charges are payable upon receipt. Further details available in Section 13 (Customs Clearance) and upon request.

6.9 Currency Conversion. TNT invoices must be paid in the currency stated in the invoice or otherwise in the local currency against exchange rates provided by TNT from time to time.

8. Refusal or Rejection of Shipments.

TNT reserves the right to refuse, hold, cancel, postpone or return Shipments at any time if so required by law (including export control, sanctions, customs laws and regulations), and/or if such Shipments would in the opinion of TNT be likely to cause damage or delay to other Shipments, goods or persons; if the carriage of the Shipment is prohibited by law or is in violation of any of these Conditions; if the TNT Account of the person or entity responsible for payment is not in good credit standing; if the volume or type of Shipment materially deviates from the volume or type of Shipment that was initially indicated by the Sender to TNT; or for any other reason. The fact that TNT accepts Shipments does not mean that such Shipments, including their content and quality, conforms to applicable laws and regulations or to these Conditions. 

10. Prohibited Items.

10.1 TNT prohibits the following items for shipment to any destination and Sender agrees not to ship the same, unless expressly agreed otherwise by TNT (additional restrictions may apply depending on origin and destination):

a. Firearms, weaponry, ammunition and their parts. This includes, but is not limited to, guns, flick knives, butterfly knives, swordsticks, knuckledusters, and tasers; 

b. 3-D printing machines designed, or that function exclusively, to manufacture firearms;

c. Explosives (class 1.4 explosives may be acceptable to and from some locations; further information available upon request), fireworks and other items of an incendiary or flammable nature;

d. Items resembling a bomb, hand grenade, or other explosive device or weapon. This includes, but is not limited to, inert products such as replicas, toy guns, novelty items, training aids and works of art; 

e. Military items originating from any country in which an export control license is required; 

f. Human corpses, human organs or body parts, human or animal embryos, cremated or disinterred human remains; 

g. Live animals, including insects and pets;  

h. Animal carcasses, dead animals, or animals that have been mounted. This includes, but is not limited to, animal furs, ivory and ivory related products, and fauna;  

i. Plants and plant material, including cut flowers (cut flowers are acceptable to and from certain countries and territories including the Netherlands to the US, and all Latin America; further information available upon request);  

j. Perishable foodstuffs, and foods and beverages requiring refrigeration or other environmental control; 

k. Pornography and obscene material. This includes, but is not limited to, manikins (including sex dolls); 

l. Money, including cash and cash equivalents (e.g. negotiable instruments, endorsed stocks, bonds and cash letters), collectible coins and stamps; 

m. Lottery tickets and gambling devices where prohibited by law; 

n. Waste as defined by applicable law and regulation. This includes, but is not limited to, garbage for disposal, medical waste (such as hypodermic needles or syringes, contaminated medical equipment, or articles being sent for sterilization, recycling or disposal), batteries that are capable of posing a safety hazard (such as used or damaged batteries), or items that pose an environmental hazard (such as used fluorescent bulbs); 

o. Wet ice (frozen water); 

p. Counterfeit goods, including goods under a trademark that is identical to or substantially indistinguishable from a registered trademark, without the approval or oversight of the registered trademark owner (also commonly referred to as “fake goods” or “knock-offs”); 

q. Marijuana, including marijuana intended for recreational or medicinal use, and marijuana-derived cannabidiol (CBD), any product with any amount of tetrahydrocannabinols (THC) and synthetic cannabinoids

r. Raw or unrefined hemp plants, or their subparts (including hemp stalks, hemp leaves, hemp flowers and hemp seeds); 

s. Tobacco and tobacco products, including but not limited to cigarettes, cigars, loose tobacco, smokeless tobacco, hookah or shisha; and

t.Electronic cigarettes and their component parts, any other similar device that vaporizes or aerosolizes any substance for inhalation, and any non-combustible substance, regardless of the presence of nicotine, that can be used with any such device. 

10.2 TNT prohibits the following types of Shipments to any destination and Sender agrees not to ship the same (additional restrictions may apply depending on origin and destination):

a. Shipments or commodities, the carriage, importation or exportation of which is prohibited by any law, statute or regulation, including shipments for which Sender or any of the parties involved in the Shipment are listed on any of the lists of restricted parties published and maintained by: the U.S. Department of the Treasury, Office of Foreign Assets Control; the U.S. Department of Commerce, Bureau of Industry and Security; the U.S. Department of State, the United Nations Sanctions Committees; the European Union Council; and any other relevant authority, unless licensed or authorized by the relevant government agency or otherwise permitted under applicable laws;

b. Unless expressly agreed otherwise by TNT, Shipments that require TNT to obtain any special license or permit for transportation, importation or exportation; 

c. Undeclared, excisable shipments or commodities that require regulatory approval and clearance;   

d. Shipments with a Declared Value for Customs in excess of that permitted for a specific destination; 

e. Dangerous goods, except as permitted under Section 12 (Dangerous Goods) of these Conditions; and 

f. Packages that are wet, leaking or emit an odour of any kind.  

10.3 TNT excludes all liability for Prohibited Items howsoever accepted (including acceptance by mistake or under notice). TNT reserves the right to reject Packages based upon these limitations or for reasons of security or safety. TNT may charge an administrative fee for Packages rejected and for the cost of returning goods, where applicable, to the Sender. Further information is available upon request.

12. Dangerous Goods. 

12.1 Identifying Dangerous Goods. “Dangerous goods” are items that, when transported, may endanger people, animals, the environment, or the carrier. It is the Sender’s responsibility to identify whether its Shipment contains dangerous goods as classified by the United Nations Recommendations on the Transport of Dangerous Goods, the International Civil Aviation Organization (ICAO), the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), the International Air Transport Association (IATA), and applicable laws and regulations.

12.2 Restricted Service. Except in the circumstances stated in this Section 12, TNT does not perform services regarding dangerous goods. TNT may, at its discretion, accept specific dangerous goods, but only after TNT and Sender/Recipient have agreed on specific dangerous goods related requirements. Details for TNT’s specific requirements, together with the procedure for applying for ‘approved customer status’ are available from TNT customer service. 

12.3 Additional Fees. A dangerous goods surcharge will apply to Shipments containing dangerous goods. Surcharges are based on classification and type of special handling required, including whether the items need to be accessible during transit.

12.4 Dangerous Goods Regulations. All Packages containing dangerous goods must comply with all applicable laws and regulations, including the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air and the IATA Dangerous Goods Regulations. Dangerous goods Shipments subject to the ADR need special transport arrangements and Senders with approved customer status must contact TNT to make arrangements prior to shipping. 

12.5 Shipment Preparation. Senders with approved customer status are responsible for identifying, classifying, packaging, marking, labelling and completing documentation for dangerous goods Shipments, in compliance with all applicable international treaties, laws and regulations. The Sender is also responsible for ensuring the Recipient complies with all applicable treaties, laws and regulations. Each Shipment must be accompanied by appropriate dangerous goods documentation (e.g. the IATA Shipper’s Declaration for Dangerous Goods form) when required. TNT may require Sender to hire a trained pack-and-ship vendor to resolve a problem with an undeliverable dangerous goods Shipment. The Sender must provide all required information and complete all boxes pertaining to dangerous goods on the Waybill. Senders utilizing electronic systems to ship dangerous goods must select, as appropriate to the electronic system, the special services, handling or flag to indicate that their Shipment contains dangerous goods. 

12.6 Packaging. TNT packaging may not be used to ship dangerous goods (including dry ice), with the exception of biological substances, Category B (UN 3373), which may be shipped in TNT Medpak packaging.

12.7 Tender and Delivery of Dangerous Goods. Not all TNT locations accept dangerous goods. Certain TNT locations do not accept specific classes of dangerous goods and dangerous goods are not accepted to ship via all Transportation Services. TNT reserves the right to refuse dangerous goods at any location where they cannot be accepted in accordance with applicable law or at TNT ’s discretion. If not dropped off at a staffed location that accepts dangerous goods, the Shipment must be tendered to TNT via a scheduled pickup at the customer location.  

12.8 No Rerouting. Dangerous goods may not be rerouted to an address other than the original intended Recipient’s address provided by the Sender. 

12.9 Potential Sender Liability. Applicable laws or regulations may require TNT to report improperly declared or undeclared Shipments of dangerous goods to the appropriate regulatory or government authorities. The Sender may be subject to fines and penalties under applicable law. 

14. Duties and Taxes.

14.1 In order to complete clearance of certain items through customs, TNT may disburse duties and taxes as assessed by customs officials on behalf of the payer and assess a surcharge for doing so. For all Shipments, TNT may contact the payer and require confirmation of reimbursement arrangements as a condition to completion of clearance and delivery, and at the discretion of TNT, require payment of duties and taxes before release of the Shipment to the Recipient. Contact TNT customer service for further details. 

14.2 In the event the accuracy or propriety of duties and taxes assessed on a Shipment is disputed, TNT or its designated broker may review the shipping documents tendered with the Shipment. If TNT determines that the duties and taxes were properly assessed, the Sender agrees to pay the duties and taxes or the Sender undertakes that the Recipient pays, as applicable.

14.3 In the event TNT disburses duties, taxes or other fees to a customs agency, on behalf of the payer, the payer will be assessed a clearance service fee based on a flat rate or a percentage of the total amount advanced. This clearance service fee will vary depending upon the destination country. For more information on the clearance service fee charged, see the ‘additional services and surcharges’ page on tnt.com.

14.4 If the Sender fails to designate a payer on the Waybill, duties and taxes will automatically be billed to the Recipient where allowed.

14.5 Regardless of any payment instructions to the contrary, the Sender is ultimately responsible for payment of duties and taxes and all fees and surcharges related to TNT’s disbursement of duties and taxes if payment is not received. If a Recipient or a third party from which reimbursement confirmation is required refuses to pay the duties and taxes upon request, TNT may contact the Sender, for the same. If the Sender refuses to make satisfactory arrangements to reimburse TNT, the Shipment may be returned to the Sender (in which case, Sender will be responsible both for original and return charges) or placed into a temporary storage, general order warehouse or a customs-bonded warehouse or considered undeliverable. If Transportation Charges for a Shipment are billed to a credit card, TNT reserves the right to also settle uncollected duties and taxes charges associated with that Shipment to the credit card account. 

14.6 Subject to the options available at specified locations, if TNT cannot obtain satisfactory confirmation of arrangements to reimburse it for amounts to be disbursed for duties and taxes, a Shipment might be delayed. Such delays, or any other failure to comply with these Conditions, constitute liabilities not assumed. 

14.7 Payment for duties and taxes will be made by one of the following means at the sole discretion of TNT: cash, check (personal or business, provided valid identification is offered), credit card, money order, traveler’s check, or debit or deferment account. TNT does not accept prepayment of duties and taxes. 

14.8 TNT assumes no responsibility for Shipments abandoned in customs, and such Shipments may be considered undeliverable. 

18. Undeliverable Shipments.

18.1 An undeliverable Shipment is one that cannot be delivered for reasons that include, but are not limited to, any of the following: (a) the Recipient’s address is incomplete, illegible, incorrect or cannot be located, (b) the Recipient of a Shipment cannot be contacted or the Recipient fails to retrieve the Shipment, (c) the Shipment was addressed to an area not served by TNT, (d) the Recipient's place of business is closed (e) delivery is impossible because of the unavailability or refusal of an appropriate person to accept delivery or sign for delivery of the Shipment, (f) the Shipment is unable to clear customs, (g) the Shipment would likely cause damage or delay to other Shipments or property, or injury to persons, (h) the Shipment contains Prohibited Items, (i) the Recipient is unable or refuses to pay for a Bill Recipient Shipment, (j) the Shipment was improperly packaged, (k) the Shipment’s contents or packaging are damaged to the extent that re-wrapping is not possible, (l) the Shipment is in violation of U.S. or other applicable export control or sanctions laws or regulations, including but not limited to, being sent from or addressed to a restricted party or location,  or (m) any of the reasons set forth in Section 17 (Redelivery).

18.2 If a Shipment is undeliverable for any reason, TNT shall attempt to notify the Sender to arrange for the return of the Shipment, without prejudice to any local regulatory constraints. If the Sender cannot be contacted within five Business Days or fails to give instructions within a reasonable period of time, TNT may return the Shipment to the Sender; or place the Shipment in temporary storage, a general order warehouse or customs-bonded warehouse or dispose of the Shipment in accordance with local law. If a Shipment cannot be delivered, cleared through customs or returned, the Shipment may be transferred or disposed of by TNT in accordance with local law. The Sender will be liable for any and all costs, Charges and fees incurred in returning, storing or disposing of an undeliverable Shipment, unless the Shipment was undeliverable due to the fault of TNT.

18.3 Shipments that cannot be returned due to local regulatory constraints will either be placed in temporary storage, a general order warehouse or a customs-bonded warehouse or disposed of in accordance with local law. The Sender agrees to pay any costs incurred by TNT in such placement or disposal.

18.4 Return Charges will be assessed to the Sender together with the original Charges, unless the Shipment was undeliverable due to the fault of TNT. Also included will be any other Charges incurred by TNT in the process of the return. For return of undeliverable Shipments containing dangerous goods, the Sender must supply a completed return Waybill and all other required documents.

19. Limits of Liability. 

19.1 Standard Limit of Liability for Transportation Services. TNT’s liability for loss, damage or delay in connection with the provision of Transportation Services will be limited to the amount provided by the applicable Convention (unless the Sender elects to pay an additional charge to specify Enhanced Liability or Insurance as described per Section 19.3 and 19.4). TNT will also apply  such limit to all claims arising out of the provision of domestic Transportation Services in the absence of any mandatory or lower liability limits in the applicable national transport laws (unless the Sender elects to pay an additional charge to specify Enhanced Liability or Insurance as described per Section 19.3 and 19.4). TNT’s liability for proved loss, damage, delay or any other claim in connection with the Shipment will not exceed the Shipment’s repair cost, its depreciated value or its replacement cost, whichever is less. TNT is entitled to require independent proof of the value of the contents of a Shipment for which a claim is made.

19.2 Limits of Liability for Other Claims. If not governed by Section 19.1 (Standard Limit of Liability for Transportation Services), TNT’s liability for loss, damage, delay or any other claim in connection with the provision of Ancillary Services, or other breach of contract is limited to 3.40 Euros per kilogram, in all cases not exceeding a maximum liability of 10,000 Euros per event or series of connected events.

19.3 Maximum Liability: Enhanced Liability (not offered in all locations – contact TNT customer service for details).

a. In locations where TNT offers Enhanced Liability, the Sender may elect to pay an additional charge to specify an Enhanced Liability Waybill, above the limits stated in the preceding Sections 19.1 and 19.2. 

b. The Enhanced Liability specified represents TNT’s maximum liability in connection with the Shipment. The Enhanced Liability only applies in case TNT is liable pursuant to the Conventions or the national transport laws mandatorily applicable to a Shipment.

c. Unless otherwise specified by TNT, the maximum Enhanced Liability is 25,000 Euro per Shipment (excluding document shipments – see below). 

d. TNT’s liability for proved loss or damage or any other claim in connection with document Shipments will not exceed the Shipment’s reconstruction value, with a maximum of 500 Euros per document Shipment unless specified otherwise by TNT. Enhanced Liability is not available for all document Shipments. See tnt.com or contact TNT customer service for further information on eligibility.

19.4 Insurance (not offered in all locations – contact TNT customer service for details).

a. In locations where TNT offers Insurance, the Sender may elect to pay an additional charge to select Insurance on the Waybill, above the limits stated in the preceding Sections 19.1 and 19.2.

b. The Insurance specified represents the maximum amount for which TNT assumes risk in connection with the Shipment. 

c. Unless otherwise specified by TNT, the maximum Insurance is 25,000 Euros per Shipment. 

d. TNT’s Insurance coverage is limited as provided under Institute Cargo Clause A.

e. TNT’s liability for proved loss or damage or any other claim in connection with document Shipments will not exceed the Shipment’s reconstruction value, with a maximum of 500 Euros per document Shipment unless specified otherwise by TNT. Insurance is not available for all document Shipments. See tnt.com or contact TNT customer service for further information on eligibility.

19.5 If the Sender elects Enhanced Liability or Insurance, the following conditions apply:  

a. Exposure to and risk of any loss in excess of the declared value is assumed by the Sender.

b. A fee will be assessed based on the declared value and may differ per Shipment origin. Contact TNT customer service for details. 

c. TNT’s liability for proved loss, damage, delay or any other claim in connection with the Shipment will not exceed the Shipment’s repair cost, its depreciated value or its replacement cost, whichever is less. TNT is entitled to require independent proof of the value of the contents of a Shipment for which a claim is made. 

d. No compensation is available for (i) losses of a consequential nature, or (ii) delays or loss arising as a result of the Sender’s breach of its obligations under these Conditions.

e. No compensation is available for losses relating to Ancillary Services. 

f. Any attempt to declare a value for Enhanced Liability, Insurance or customs in excess of the maximum amounts allowed in these Conditions is null and void. Such declared value automatically will be reduced to the authorized limits for the Shipment. TNT’s acceptance for carriage of any Shipment bearing a declared value in excess of the maximum amounts allowed does not constitute a waiver of any provision of these Conditions. TNT cannot honor requests to change the declared-value information on the Waybill after tender to TNT. 

g. When the Sender has not specified the Enhanced Liability or Insurance of each individual Package on the Waybill but has specified a total declared value for the Shipment as a whole, the declared value of each Package will be determined by dividing the total declared value by the number of Packages on the Waybill. In no event may the declared value of any Package in a Shipment exceed the declared value of the Shipment.

19.6 Unique Items. TNT’s liability for Shipments containing Unique Items, whether in whole or in part is limited to the relevant Convention limit or mandatorily applicable local laws. Enhanced Liability and Insurance are not applicable to Shipments containing Unique Items.

20. Liabilities Not Assumed. 

20.1 TNT assumes no liability for:

a. Subject to further limitations set out in these Conditions, any damages in excess of the Enhanced Liability or Insurance (as limited by Section 19.3 (Maximum Liability: Enhanced Liability) and Section 19.4 (Insurance)) or the limitation of liability as set forth in the applicable Convention or, for Shipments from and between specified locations within one country, by the applicable mandatory local law, whichever is greater, whether or not TNT knew or should have known that such damages might be incurred; 

b. Special, incidental, consequential or indirect loss or damage, including to costs of alternative transport, loss of income, revenue, use or profits, anticipated savings, goodwill or loss of opportunity; and 

20.2 Sender assumes all exposure to and risk of any loss, damage or delay beyond that expressly assumed by TNT in these Conditions. The Sender should arrange for its own insurance cover if desired. TNT does not provide insurance cover.

20.3 TNT assumes no liability, nor will TNT make any adjustment, refund, or credit of any kind for, any loss, damage, delay, mis-delivery, non-delivery, misinformation or failure to provide information, caused by or resulting from any of the following events (not an exhaustive list):

a. the act, default, or omission of the Sender, Recipient or any other party with an interest in the Shipment;

b. the nature of the Shipment or any defect, characteristic or inherent vice or fragility thereof;

c. violation of these Conditions, or other terms and conditions applicable to the Shipment including shipping a Prohibited Item, dangerous goods, the incorrect declaration of the cargo, securing, marking or addressing of Shipments;

d. violation of U.S. or other applicable export control or sanctions laws and/or regulations;

e. fines, penalties, or other financial sums levied against Sender or Recipient by any regulatory authority or third party;

f. any events beyond the control of TNT including a pandemic or epidemic, perils of the air, public enemies, public or regulatory authorities acting with apparent or actual authority, acts or omissions of customs officials, riots, strikes or anticipated strikes, or other local disputes, civil commotion, hazards incident to a state of war or weather conditions, or national, international or local disruptions in air or ground transportation networks, criminal acts of any person(s) or entities including acts of terrorism, natural disasters, disruption or failure of communication and information systems (including TNT systems), mechanical delay or conditions that present a danger to TNT personnel;

g. improper or insufficient packing, including the Sender’s failure to use packaging approved by TNT where such approval is sought, recommended or required. In particular, computers, electronics, fragile items and alcohol must be packaged in accordance with TNT guidelines, available on tnt.com. Provision of packaging, or advice, assistance or guidance on the appropriate packaging of Shipments by TNT does not constitute acceptance of liability by TNT, unless TNT expressly states otherwise in writing;

h. compliance with verbal or written delivery instructions from the Sender, Recipient or persons claiming to represent the Sender or Recipient;

i. delay in delivery caused by adherence to TNT policies regarding the payment of Charges; 

j. the inability of TNT to provide a copy of the delivery record or a copy of the signature obtained at delivery;

k. the erasure of data from or the loss or irretrievability of data stored on magnetic tapes, files or other storage media, or erasure or damage of photographic images or soundtracks from exposed film;

l. TNT’s failure to honor "package orientation" graphics (e.g., "UP" arrows, "THIS END UP" markings);

m. TNT’s failure or delay to notify the Sender or Recipient of any delay, loss or damage to a Shipment, incomplete, incorrect or inaccurate Recipient’s or customs broker’s address, incorrect, incomplete or missing documentation, or non-payment of duties and taxes necessary to release a Shipment;

n. loss of or damage to any individual item for which TNT has no verifiable record of receipt, including in circumstances where, at the time of providing the Shipment to TNT, goods have been pre-loaded into a trailer, palletised or packaged in such a way that the number of items or contents of the Shipment cannot reasonably be checked;

o. the loss of any personal or financial information, including social security numbers, dates of birth, driver’s license numbers, credit or debit card numbers and financial account information;

p. the Sender’s failure to delete all Shipments entered into a TNT shipping system or device when the Shipment is not tendered to TNT;

q. damages indicated by any shockwatch, tiltmeter or temperature instruments; and  

r. failing to meet the Delivery Commitment Time for any Shipments with an incomplete or incorrect address (see Section 18 (Undeliverable Shipments)).

20.4 If TNT is not liable, including for any liability that exceeds the liability expressly assumed by TNT in these Conditions, the Sender will be liable and agrees to indemnify TNT and hold TNT harmless for any damage caused by the Shipment to TNT or to a third party or from any claim by a third party, notably the Recipient. 

Any payment made by TNT pursuant to a claim of the Sender or of a third party will not be deemed to constitute an acceptance of liability, nor constitute a waiver of the provisions contained in this Section 20.

22. Claims. 

TNT will only accept submission of a claim relating to a Shipment, if the claimant complies with any applicable Convention and the following procedure, failing which no claim may be brought against TNT: 

22.1 Providing Notice of a Claim. 
a. All claims due to loss, damage (visible or concealed) or delay (including spoilage claims) or missing contents, must be notified to TNT within 21 days after (i) delivery of the Shipment (in the case of damage or delay), or (ii) the expected date for delivery (in the case of loss, non-delivery or mis-delivery). 

b. Receipt of the Shipment by the Recipient without such notice of damage on the delivery receipt is prima facie evidence that the Shipment was delivered in good condition. 

c. All such claims must be notified via tnt.com or by contacting TNT customer service. 

22.2 Required information. All notices of claim must include complete Sender and Recipient information, as well as the TNT tracking number, date of Shipment, number of pieces, and Shipment weight. As a pre-condition for TNT considering any claim for damage, the Recipient must make the contents, original shipping cartons and packaging available for inspection by TNT, either at the Recipient’s premises or at a TNT facility, until the claim is concluded. 

22.3 Limitations. TNT is not obligated to act on any claim until all Charges have been paid; the claimant cannot deduct the claim amount from those Charges. Only one claim can be filed in connection with a Shipment. Acceptance of payment of a claim will extinguish any right to recover further damages or to claim further compensation in connection with that Shipment. Senders or Recipients whose Packages were tendered to TNT through a package consolidator do not have any right to legal or equitable relief against TNT. 

22.4 Legal Actions. The right to claim damages for an action arising out of carriage from TNT will be barred unless the claim is brought before an authorized court within two years from the actual date of delivery (in case of damage, shortage or delay) or the expected date for delivery (in case of loss, non-delivery, or mis-delivery), or within any applicable statute of limitations, whichever is shorter.

24. Data Protection. 

24.1 Terms such as ‘controller’, ‘personal data’, ‘data subject’ and ‘processing’ shall have the meaning ascribed to them in the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and any other data protection laws and regulations that apply to the processing of any personal data (“Personal Data”) under these Conditions (collectively “Data Protection Law”).

24.2 TNT and Sender acknowledge that they are both controllers in their own right with respect to the processing of any Personal Data by or between parties under these Conditions.

24.3 In relation to the processing of any Personal Data under these Conditions, Sender represents to have complied with Data Protection Law, including providing the data subjects with the information in accordance with Data Protection Law, providing the information as contained in the TNT Privacy Notice at tnt.com and obtaining a legal ground in accordance with Data Protection Law, such as the performance of the contract, legitimate interests or consent.

24.4 Sender indemnifies TNT in respect of all costs, claims, damages and expenses suffered or incurred by TNT in connection with Sender's failure to comply with this Section 24.

24.5 Sender represents that the legal ground as set out under Section 24.3 (also) allows any transfer of Personal Data to TNT, its affiliates, branches, counsels, auditors or any third parties engaged by TNT to perform its obligations to Sender under these Conditions in any country both inside and outside of the European Economic Area (“EEA”).

24.6 Any transfer of Personal Data from Sender to TNT, or vice versa, from the EEA or Switzerland to a country outside of the EEA or Switzerland is subject to the standard contractual clauses controller-to-controller (Decision (EU) 2021/914 – Module I)  (“SCCs”) as meant in article 46(2)(c) GDPR, which are available here: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32021D0914&from=EN. For this purpose, the SCCs are fully incorporated into these Conditions by reference. By accepting these Conditions, parties (a) are deemed to have signed the SCCs (b) agree to the full content of the SCCs and (c) shall comply with the conditions therein and (d) agree that any change or subsequent Decision and/or URL applies and replaces the Decision and/or URL as referred to in this Section 24.6. Under the SCCs, TNT as controller will act as data exporter, also on behalf of its affiliates, and Sender as controller will act as data importer, or vice versa where applicable. The foregoing is without prejudice to the right of TNT to solely decide to use another appropriate transfer mechanism in accordance with Data Protection Law. The Personal Data transferred may include individual Senders’ and Recipients’ contact details, such as names and addresses, necessary to enable the efficient provisioning of TNT's Services, such as the delivery of Packages and enabling track and trace functionalities, as further or otherwise set out in these Conditions and in accordance with the Annexes of the SCCs.

24.7 If the Court of Justice of the European Union, local supervisory authority or similar governmental authority determines that any of the Conditions under this Section 24 and/or the SCCs shall not or no longer be a lawful method to facilitate transfers of Personal Data outside of the EEA or Switzerland, parties shall negotiate in good faith an alternative method to facilitate such transfers in a lawful manner.

26. Assignment.

Neither the rights nor the duties of either party under these Conditions may be assigned or delegated without the prior written consent of the other party, except that TNT may assign all or any part of its rights and delegate its duties under these Conditions to any of its affiliates. Without limiting the foregoing, these Conditions are binding upon and inure to the benefit of the parties and their permitted successors and assigns.

28. Mandatory Law.

These Conditions do not exclude any liability where the exclusion of that liability is prohibited by law. Insofar as any provision contained or referred to in these Conditions may be contrary to any applicable mandatory international treaty, local law, government regulations, orders, or requirements, such provision will be limited to the maximum extent permitted and, as limited, will remain in effect as part of the agreement between TNT and the Sender. The invalidity or unenforceability of any provision will not affect any other part of these Conditions.