TNT Express - long form version 06-2020
REPUBLIC OF IRELAND
TERMS AND CONDITIONS OF CARRIAGE AND OTHER SERVICES
The following definitions apply to the terms and conditions set out below that govern the contract of carriage and other services between you and us.
"we", "us","our" and TNT means TNT Express Worldwide N.V. and its group companies (“TNT”) and TNT’s employees, agents and independent contractors;
"you" and "your" means the sender or consignor;
"carriage" means and includes the whole of the operations and services undertaken by us in connection with the transportation of the shipment;
“consignment note” means information provided by you in paper or electronic form concerning the shipment;
“other services” means all services not being services for the carriage of shipments that are performed by us, including, but not limited to, storage, sorting, kitting, merging, packing, installation, value added- and transportation management services;
"shipment" means goods or documents of whatever nature (whether in bulk or in one or more packages) which we have accepted for carriage from one address to another or regarding which we have accepted to perform other services, whether under our consignment note or not;
“prohibited items” means the items and types of shipment set out in clause 7 (Prohibited Items) of these terms and conditions;
2. THE PARTY WITH WHOM YOU ARE CONTRACTING
Your contract of carriage and of other services is with the TNT company or the subsidiary or affiliate of TNT that accepts from you the shipment for carriage or, as the case may be, the performance of other services. You agree that we may subcontract the whole or any part of the contract of carriage or of other services on any terms and conditions we decide.
3. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS
By giving us your shipment you accept our terms and conditions set out in the consignment note and/or the contract of carriage and/or the contract for the performance of other services on behalf of yourself and/or anyone else who has an interest in the shipment or the performance of other services irrespective of whether you have signed the front of our consignment note or not. Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport, deliver your shipment or perform other services as well as our employees, directors and agents. Only our authorised officers may agree to a variation of these terms and conditions in writing. When you give us the shipment with oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions.
4. SCOPE OF THE CONTRACT
4.1. Even if the carriage of the shipment forms part of another type of contract between you and us, these terms and conditions apply to the contract agreed between you and us in respect of any carriage of goods pursuant to the contract.
4.2. By concluding any type of contract with us that involves the carriage of goods you agree that:
• the contract is a contract of carriage of goods by road if the carriage of the shipment actually takes place by road;
• the contract is a contract of carriage of goods by air if the carriage of the shipment actually takes place by air;
• the contract is a contract of carriage of goods by sea if the carriage of the shipment actually takes place by sea;
• the contract is a contract for the performance of other services if related to non-carriage services.
5. DANGEROUS GOODS & SECURITY
5.1. Except in the circumstances shown in Clauses 5.2 & 5.3, we do not carry, nor perform other services regarding, goods which are, or are in our sole opinion, dangerous goods including, but not limited to, those specified in the International Civil Aviation Organisation (ICAO) Technical Instructions, the International Air Transport Association (IATA) Dangerous Goods Regulations, the International Maritime Dangerous Goods (IMDG) code, the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) regulations or any other national or international rules applicable to the transport of, or the performance of other services regarding, dangerous goods.
5.2. We may at our discretion accept some dangerous goods for carriage, or for the performance of other services, in some countries if you have been accorded the status of an approved customer and this must be given by us in writing before your shipment can be accepted. Your dangerous goods will only be accepted if they comply with the applicable regulations (as referred to in Clause 5.1) and our requirements. Details of our requirements together with the procedure for applying for approved customer status are available from our nearest office and a dangerous goods surcharge will be invoiced to you upon acceptance of your shipment.
5.3. Certain dangerous goods are exempt from the above approved customer requirements. Details can be obtained from our nearest TNT office.
5.4. You must ensure and you certify by completing our consignment note or tendering a shipment to us that your shipment does not contain a prohibited item, a prohibited article as specified in ICAO Annex 17 or other national or international regulations that govern aviation security. You must give us a full description of the contents of the shipment on the consignment note, or other accompanying document, and your responsibilities and liabilities are not extinguished by providing this information.
5.5. Shipments carried, or handled, by us may be subject to security screening which could include the use of x-ray, explosive trace detection and other security screening methods and you accept that your shipment may be opened and the contents of your shipment may be examined in transit.
5.6. You declare that you have prepared the shipment for carriage, or for the performance by us of other services, in secure premises using reliable staff employed by you and that the shipment has been safeguarded against unauthorised interference during preparation, storage and transportation immediately prior to acceptance for carriage of the shipment by us or for the performance by us of other services.
5.7. We do not accept shipments that contain prohibited items.
5.8. We may be required to share information, including your personal data for your shipment with the shipment destination country authorities or transit country authorities for customs and / or security reasons.
6. EXPORT CONTROLS
6.1. We do not transport shipments that violate export controls laws. You are responsible for, and warrant, compliance with all applicable laws, rules and regulations, including, but not limited to, the U.S. Export Administration Regulations, the U.S. International Traffic in Arms Regulations, the U.S. Foreign Assets Control Regulations and applicable export laws and government regulations of any country related to the transportation of the shipment. You agree and warrant that you will comply with all applicable U.S. government sanctions prohibiting the export or re-export of goods, services or technology to countries and regions listed by the U.S. government unilaterally or in coordination with other countries’ sanctions. In addition, we do not transport, and you agree to not tender for shipment, commodities whose trade is restricted or prohibited by economic sanctions and embargoes laws. For a current list of TNT countries and territories not served go to tnt.com.
6.2. In addition, we do not transport and you warrant that you will not tender any shipments to TNT if you or any of the parties involved in the shipment are listed on the Denied Persons List maintained by the U.S. Department of Commerce or any of the export controls or sanctions lists published and maintained by: the U.S. Department of Treasury, Office of Foreign Assets Control; the U.S. Department of Commerce Department, Bureau of Industry and Security; the U.S. Department of State, Directorate of Defense Trade Controls; the United Nations Sanctions Committees; the European Union Council; and any other relevant authority. You also agree and warrant that you will not attempt to ship to any entity owned by any party, in the common ownership interest determined by the relevant listing authority, subject to economic sanctions.
6.3. You shall identify any shipments requiring any export control licenses, permits, or subject to other pre-export regulatory controls and provide TNT with information and all necessary documentation to comply with the applicable laws and regulations. You are responsible at their own expense for determining applicable export licensing or permitting requirements for a shipment, obtaining any required licenses and permits, and ensuring that the recipient is authorized as required by the applicable laws and regulations of the origin country, destination country, and any country(s) asserting jurisdiction over the goods. Further, you are responsible for ensuring that the end-use or end-user of the items shipped does not violate any specific control policies restricting certain types of exports, re-exports and transfers of specifically enumerated items subject to the U.S. Export Administration Regulations.
6.4. We assume no liability to you or any other person for any loss or expense — including, but not limited to, fines and penalties — if you fail to comply with any export laws, rules or regulations, or caused by actions undertaken by TNT to comply with applicable laws and regulations. You also agrees to indemnify TNT for any loss or expense – including, but not limited to, fines and penalties – for your failure to comply with any export laws, rules or regulations, or caused by actions undertaken by TNT to comply with applicable laws and regulations.
7. RIGHT OF INSPECTION
7.1. TNT prohibits the following items for shipment to any destination and you agree not to ship the same, unless expressly agreed otherwise by TNT (additional restrictions may apply depending on destination):
a. Firearms, weaponry, ammunition and their parts;
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. This includes but is not limited to inert products such as replicas, 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;
i. Plants and plant material, including cut flowers (cut flowers are acceptable to and from certain markets including the Netherlands to the US, and all of Latin America; further information available upon request);
j. Perishable foodstuffs, and foods and beverages requiring refrigeration or other environmental control;
k. Pornography and/or obscene material;
l. Money, including but not limited to cash and cash equivalents (e.g. negotiable instruments, endorsed stocks, bonds and cash letters), collectible coins and stamps;
m. Hazardous waste, including but not limited to, used hypodermic needles and/or syringes or other medical, organic and industrial waste);
n. Wet ice (frozen water);
o. Counterfeit goods, including, but not limited to, 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”);
p. Marijuana, including marijuana intended for recreational or medicinal use, and marijuana-derived cannabidiol (CBD), any product with a delta-9-tetrahydrocannabinol (THC) concentration of more than 0.3 percent on a dry weight basis, and synthetic cannabinoids
q. Raw or unrefined hemp plants, or their subparts (including, but not limited to, hemp stalks, hemp leaves, hemp flowers and hemp seeds).
r. Tobacco and tobacco products, including but not limited to cigarettes, cigars, loose tobacco, smokeless tobacco, hookah or shisha; and
s. Electronic cigarettes.
7.2. TNT prohibits the following types of shipments to any destinations and you agree not to ship the same (additional restrictions may apply depending on destination):
a. Shipments or commodities, the carriage, importation or exportation of which is prohibited by any law, statute or regulation;
b. 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 the Dangerous Goods & Security section of these terms and conditions; and
f. Packages that are wet, leaking or emit an odour of any kind.
7.3. TNT excludes all liability for Prohibited Items howsoever accepted (including acceptance by mistake or under notice). TNT reserves the right to reject shipments based upon these limitations or for reasons of security or safety. TNT shall be entitled to charge an administrative fee for shipments rejected and for the costs of returning goods, where applicable, to you. Further information is available upon request.
8. RIGHT OF INSPECTION
You agree that we or any governmental authority including customs and security may open and inspect your Shipment at any time.
9. CALCULATION OF TRANSIT TIMES AND ROUTING OF SHIPMENTS
Weekend days, public holidays, bank holidays, delays caused by customs, delays attributable to compliance with mandatory local security requirements or other events beyond our control are not included when we quote door to door delivery times in our published literature. The route and the method by which we transport your shipment shall be at our sole discretion.
10. CUSTOMS CLEARANCE
10.1. Shipments that cross national borders may be cleared through customs. You are responsible for making sure goods are shipped in compliance with all customs regulatory requirements, for providing all documentation and information required for the clearance, and for representing and warrantying that all statements and information it provides relating to the goods and the clearance of the shipment are and continue to be true, correct and complete, including the appropriate Harmonized System Code. Shipments requiring documentation in addition to a consignment note (e.g., a commercial invoice) may require additional transit time. WE RESERVE THE RIGHT AT OUR SOLE DISCRETION TO CHARGE YOU WITH ANY PENALTIES, FINES, DAMAGES OR OTHER COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO STORAGE FEES, RESULTING FROM AN ENFORCEMENT ACTION BY ANY COMPETENT GOVERNMENT AUTHORITY, OR BY YOUR FAILURE TO COMPLY WITH THE OBLIGATIONS HEREBY LAID OUT.
10.2. You are responsible at its own expense for making sure goods shipped internationally are acceptable for entry into the destination country under the applicable laws and complying with all licensing or permitting requirements when applicable.
10.3. You may also be required to provide additional information to obtain clearance from other regulatory agencies in the destination country prior to delivery to the receiver. Shipments that contain goods or products that are regulated by multiple government agencies within other destination countries (such as the national agencies responsible for food safety, public health protection, pharmaceuticals, medical products, plant and animal, telecommunication and other electronic equipment standards, and comparable agencies) may require additional time for clearance. All charges for sending to and return from countries where entry is not permitted will be charged to you.
10.4. When shipments are held by customs or other agencies due to incorrect or missing documentation, we may attempt to notify the receiver. If local law requires the correct information or documentation to be submitted by the receiver and the receiver fails to do so within a reasonable time as we may determine, the shipment may be considered undeliverable subject to applicable laws. If the receiver fails to supply the required information or documentation and local law allows you to provide the same, we may attempt to notify you. If you also fail to provide the information or documentation within a reasonable time as we may determine, the shipment will be considered undeliverable subject to applicable laws. we assume no responsibility for its inability to complete a delivery due to incorrect or missing documentation, whether or not we attempt to notify the receiver or you.
10.5. Where permissible by local law, we will provide customs clearance of international shipments. We will submit the shipment information to customs and other regulatory agencies for clearance. We may charge an ancillary clearance charges, where applicable, on international shipments for clearance processing, for services requested by you, receiver or third party, or to recover the costs passed to us by the regulatory agency for regulatory filing. The types and amounts of fees vary by country.
10.6. We will act as agent for you or receiver (as applicable) solely for the purpose of clearing and entering the shipment through customs. When applicable and appropriate, you shall authorize us, or the broker designated by us, to make and file customs declarations and all related actions as a direct representative, in the name of and on behalf of and at the risk of you or receiver. You shall ensure receiver authorizes us in accordance with this provision, when applicable.
10.7. In some instances, at our option, we may accept instructions to use a designated customs broker other than TNT (or the broker selected by us) or the broker designated by you. In any event, we (or the broker selected by us) reserves the right to clear the shipment if the broker cannot be determined or will not perform clearance, or if complete broker information is not provided to us (including name, address, phone number and postal code).
11. INCORRECT ADDRESS AND P.O. BOX NUMBERS
11.1. If we are unable to deliver a shipment because of an incorrect address we will make all reasonable efforts to find the correct address. We will notify you of the correction and deliver or attempt to deliver the shipment to the correct address although additional charges may apply.
11.2. Deliveries to post office box numbers are not accepted, except in a limited number of countries (the list of which is available from the subsidiary or affiliate or branch of TNT that accepts your shipment for carriage) and further provided that the telephone number of the consignee is provided. In the event we are unable to deliver the shipment at the first attempt then you agree that we may post the shipment to the consignee and proof of posting is sufficient proof of delivery.
12. DELIVERY OF YOUR SHIPMENT
12.1. Where we are unable to complete the delivery of a shipment for whatever reason we will try to leave a notice at the receiver’s address stating that delivery has been attempted and the whereabouts of the shipment. If delivery has not been made after a second attempt by us, or the receiver refuses to accept delivery, we will try to contact you and agree the appropriate next action. You agree to pay us any costs we incur in forwarding, disposing of or returning the shipment and our charges (if any) for making a third or more delivery attempt and for the agreed appropriate next action. If we do not receive your or receiver’s instructions within a reasonable period after our second attempt to deliver the shipment, then you agree that we may destroy or sell the content of the shipment without any further liability to you.
Special Delivery Instructions
12.2. You or the receiver of a shipment may give special instructions to us (by means of a TNT website or any other medium) to deliver the shipment to another location/person (being for example a neighbour and/or neighbouring address) or the receiver may indicate its wish to collect the shipment from a location approved by us. Where you request and we agree to enable this special delivery instructions service, the following provisions shall apply:
12.2.1. our furnishing of any delivery receipt upon which is listed the alternative person and/or delivery location shall constitute proof of delivery of the shipment;
12.2.2. we shall not be liable for any loss or damage in any way as a result of our performance of special delivery instructions;
12.2.3. you shall indemnify us and hold us harmless from and against all claims, costs, liability and expenses (including reasonable lawyers fees and expenses) arising by reason of loss or damage to any shipments as a result of providing this special delivery instructions service. We also reserve the right to charge you an administration fee for providing this special delivery instructions service.
12.3 Where appropriate we may deliver the shipment to an address close to the delivery address if the receiver of the shipment is not available, at your risk.
13. YOUR OBLIGATIONS
You warrant, represent and guarantee to us that:
13.1. the contents of the shipment (including but not limited to weight and number of items) have been properly described on our consignment note, have been correctly labelled and the label or labels have been securely fixed by you in a prominent position on the outer surface of the shipment that can be clearly seen by us;
13.2. the consignee’s full address including postcode and contact details have been fully, accurately and legibly entered on our consignment note and on an address label securely fixed by you to a prominent position on the outer surface of the shipment that can be clearly seen by us;
13.3. the contents of the shipment have been prepared and packed safely and carefully by you to protect against the ordinary risks of transport, or the performance by us of other services, including any associated sortation and/or handling process;
13.4. you have declared the correct weight of the shipment and you will provide any special equipment we may need to load or unload the shipment on or off our vehicles;
13.5. you have securely fixed a heavy weight label in a prominent position on the outer surface of the shipment that can clearly be seen by us for any item weighing 30 kilos or more;
13.6. the contents of the shipment are not restricted by IATA, ICAO, IMDG or ADR and are not prohibited items, and neither you nor the consignee is a person or organisation with whom we or you may not legally trade under any applicable laws or regulations;
13.7. when you have asked us to charge the receiver or a third party and the receiver or third party does not pay us you will promptly settle our invoice together with an administration fee in full within 7 days of us sending you the invoice;
13.8. all applicable laws and regulations have been complied with;
13.9. you have included with the shipment the correct commercial invoice related to the shipment (mentioning correct “bill to” address with applicable VAT number, correct and clear description of the commodity, and the first 6 digits of the Harmonised System (“HS”) code;
13.10. that you have taken all reasonable precautions to comply with all conventions, directives and legislation relating to the protection of personal data including if practicable encryption of the personal data to ensure the safety of the personal data in the event of loss or misdelivery of a shipment;
13.11. the value of any shipment does not exceed €25,000.
You agree to indemnify us and hold us harmless from any liabilities we may suffer or any costs, damages or expenses, including legal costs, we incur either to you or to anyone else arising out of you being in breach of any of these warranties, representations and guarantees, even if we inadvertently accept a shipment that contravenes any of your obligations.
14. EXTENT OF OUR LIABILITY
Liability for Transportation Services
14.1. Subject to Clause 15 below, we limit our liability for any loss, damage or delay of your shipment or any part of it arising from carriage as follows:
14.1.1. If the carriage of your shipment is solely or partly by air and involves an ultimate destination or a stop in a country other than the country of departure the Warsaw Convention (1929), or the Warsaw Convention as amended by the Hague Protocol (1955) and/or Montreal Protocol No. 4 (1975), or the Montreal Convention (1999), whichever is compulsorily applicable, will apply. These international treaties govern and limit our liability for loss, damage or delay to your shipment to 19 special drawing rights per kilo.
14.1.2. If we carry your shipment by road within, to or from a country that is a party to the convention on the contract for the international carriage of goods by road 1956 (CMR) our liability for loss or damage to your shipment shall be governed by the CMR and thus limited to 8.33 special drawing rights per kilo. In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that shipment or the part which was delayed.
14.1.3. If none of Clauses 14.1.1 – 14.1.2 above apply and we have a liability to you for whatever reason for transportation services performed by us, including without limitation breach of contract, negligence, wilful act or default, our liability to you for loss, damage, misdelivery or non-delivery of your shipment or the part affected is at all times limited to the lower of the market value of the shipment at the time of carriage or the cost of repairing the shipment or the part affected with in each case an upper limit that does not exceed €2 per kilo limited to a maximum of €25,000 per shipment. In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that shipment or the part which was delayed.
Liability for Other Services
14.2. Subject to Clause 15 below, if we have a liability relating to other services for whatever reason, including without limitation breach of contract, negligence, wilful act or default, our liability to you is at all times limited to €25,000 per event or series of events with one and the same cause of damage or, in case of the loss of or damage to a shipment, to the lower of the market value of the shipment or the cost of repairing the shipment or the part affected with in every case an upper limit that does not exceed €2 per kilo with a maximum of €25,000 per event or series of connected events.
15. EXCLUSIONS OF LIABILITY
15.1. We will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity even if we had knowledge that such damages or loss might arise or for any indirect, incidental, special or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, wilful act or default.
15.2. We are not liable if we do not fulfil any obligations towards you at all as a result of:
15.2.1. circumstances beyond our control such as (but not limited to):
• acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
• force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions;
• national or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
• latent defects or inherent vice in the contents of the shipment;
• criminal acts of third parties such as theft and arson.
15.2.2. Your acts or omissions or those of third parties such as:
• you being in breach of (or any other party claiming an interest in the shipment causing you to breach) your obligations under these terms and conditions and in particular those warranties set out in Clause 13;
• an act or omission of any customs, security, airline, airport or government official.
15.2.3. The contents of the shipment consisting of any article that is a prohibited item even though we may have accepted the shipment by mistake.
15.2.4. Our refusal to make any illegal payments on your behalf.
15.3. We are not a common carrier and do not accept any liabilities of a common carrier.
16. DATA PROTECTION
16.1. Terms such as ‘controller’, ‘personal data’ and ‘processing’ shall have the meaning ascribed to them in the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and any applicable (local) data protection laws and regulations (collectively “Data Protection Law”).
16.2. TNT and you 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 terms and conditions.
16.3. In relation to the processing of any Personal Data under these terms and conditions, you represent to have complied with Data Protection Law, including obtaining a legal ground in accordance with article 6 GDPR and providing the individuals with the information in accordance with articles 12 – 14 GDPR, including the information as contained in the TNT Privacy Notice at tnt.com.
16.4. You indemnify TNT in respect of all costs, claims, damages and expenses suffered or incurred by TNT in connection with your failure to comply with this Clause 16.
16.5. Any transfer of Personal Data from you to TNT, or vice versa, from the European Economic Area (“EEA”) or Switzerland to a country outside of the EEA or Switzerland is subject to the standard contractual clauses controller-to-controller (“SCC-CCs”) as meant in article 46(2)(c) GDPR, which can be found here: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en. For this purpose, the SCC-CCs are fully incorporated into these terms and conditions by reference. By accepting these terms and conditions, parties (a) are deemed to have signed the SCC-CCs (b) agree to the full content of the SCC-CCs and (c) shall comply with the conditions therein. Under the SCC-CCs, TNT as controller will act as data exporter, also on behalf of its affiliates, and you 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 set out in these terms and conditions and in accordance with Annex B of the SCC-CCs.
16.6. If the Court of Justice of the European Union, local supervisory authority or similar governmental authority determines that these terms and conditions and/or the SCC-CCs shall not or no longer be a lawful method to facilitate transfers of Personal Data outside of the EEA, parties shall negotiate in good faith an alternative method to facilitate such transfers in a lawful manner.
17. TIME GUARANTEED PRODUCTS
If we fail to deliver time guaranteed products (that we may offer and that you order) within the time specified and if our failure was not caused by any events set out in Clause 15.2 and if you notify us of your claim in compliance with Clause 21.2, we will charge you for the actual delivery service provided (e.g. before noon) rather than charging the price we quoted for the service you asked for (e.g. before 9 am), within the same product category as the service you ordered.
18. VALUABLE GOODS
Valuable goods such as precious stones, precious metals, jewellery, money, negotiable instruments, unprotected furniture, glass or china, objects of art, antiques and important documents that include passports, tenders, share and option certificates should not be sent through our network delivery system because it involves the use of mechanical handling and automated sortation equipment together with multiple transhipments on and off vehicles which could result in loss and/or damage. If you nevertheless send, or cause us to send, such goods through our network delivery system it shall be at your own risk.
19. ENHANCED LIABILITY
19.1. You may, against payment of the indicated charge, make a declaration on the consignment note of the value of the shipment (non document shipment) exceeding the limits laid down in Clause 14 up to a maximum of €25,000 per shipment (“Enhanced Liability”). Declaration must be made by completing the relevant box on the consignment note and paying the indicated charge. Compensation for proved loss or damage to your shipment may be claimed up to the total amount of the above declared value. Enhanced Liability is not available for precious stones, precious metals, laptop computers, plasma and LCD screens, jewellery, money, glass, china, objects of art, antiques, documents (other than the reconstitution cost as provided for in Clause 19.2 below) or any films, tapes, discs, memory cards or any such other data or image carrying goods. If you do send such goods we recommend that you arrange insurance yourself.
19.2. You may opt for Enhanced Liability for the reconstruction, reproducing, reissuing or re-printing cost (including the costs of the materials (e.g. paper) plus reasonable labour costs) of your document shipment by completing the relevant box on the consignment note and paying the indicated charge. Compensation for proved loss or damage to your document shipment may be claimed up to a maximum €500 per shipment. This Enhanced Liability option is only available for documents which are listed on the website of the subsidiary or affiliate or branch of TNT that accepts your shipment for carriage.
19.3. The Enhanced Liability options provided by this Clause 19, (i) do not provide compensation for losses of a consequential nature (see Clause 15.1) or delays in carriage or where the loss has arisen as a result of your breach of your obligations under these terms and conditions, (ii) are not available for non-carriage services and (iii) are not available for a limited number of countries. For a list of these countries, and/or to obtain further details on the conditions of Enhanced Liability, please contact our customer service centre or visit the website of the subsidiary or affiliate or branch of TNT that accepts your shipment for carriage.
20. CLAIMS BROUGHT BY THIRD PARTIES
You undertake to us that you shall not permit any other person who has an interest in the shipment to bring a claim or action against us even though we may have been negligent or in default and if a claim or action is made you will indemnify us against the consequences of the claim or action and the costs and expenses we incur in defending it.
21. CLAIMS PROCEDURE
If you wish to claim for a lost, damaged or delayed shipment, or for any other damages, you must comply with any applicable convention and with the following procedure otherwise we reserve the right to reject your claim:
21.1. you must notify us about the loss, damage or delay within 7 days after delivery of the shipment or within 7 days from the date the shipment should have been delivered or if the claim relates to other services within 21 days from the date you ought reasonably to have become aware of the loss, damage or delay. If we send you a claim form you must return it within 21 days from the date of issue fully completed together with all relevant documentation in support of your claim;
21.2. we are not obliged to act on any claim until our charges have been paid nor are you entitled to deduct the amount of your claim from our charges;
21.3. we will assume the shipment was delivered in good condition unless the receiver has noted any damage on our delivery record when he or she accepted the shipment. In order for us to consider a claim for damage, the contents of your shipment and the original packaging must be made available to us for inspection;
21.4. save as otherwise provided by any applicable convention and or law, your right to claim damages against us shall be extinguished unless an action is brought in a court of law within 1 year from the date of delivery of the shipment or from the date on which the shipment should have been delivered or from the date on which the carriage ended or if the claim relates to other services within 1 year from the date you ought reasonably to have become aware of the loss, damage or delay;
21.5. in case of acceptance by us of part or all of your claim, you warrant to us that your insurers or any other third party having an interest in the shipment shall have waived any rights, remedies or relief to which they might become entitled by subrogation or otherwise;
21.6. the shipment shall not be deemed to be lost until at least 30 days have elapsed since the date you notified us of the non delivery. We may agree with you in writing to shorten this period.
22. RATES AND PAYMENT
22.1. You agree to pay our charges (including applicable surcharges) for the carriage of the shipment between the locations specified on the consignment note/contract of carriage, or for the performance by us of other services, and any value added taxes within 30 days from the date of invoice without withholding, deduction, counterclaim or set off. We reserve the right to revise the charges set out in our rate card from time to time and without notice.
22.2. You waive all your rights to challenge our invoices if you do not contest our invoice in writing within 7 days from the date of the invoice.
22.3. Our charges are calculated in accordance with the rates applicable to your shipment as set out in our current rate card or in the relevant contract. Our current rate card is available on request from any of our offices in the country from which the shipment is invoiced.
22.4. We charge for either the actual weight of the shipment or the volumetric weight of the shipment whichever is the higher and the volumetric weight is calculated in accordance with the volumetric conversion equation set out in our rate card. We may check the weight and/or volume of and/or the number of items within your shipment and if we find that there is a discrepancy between your declared weight and/or volume and/or number of items you agree that the weight and/or volume and/or the number of items that we determine may be used for the purpose of our calculation.
22.5. As a matter of course all import duties, value added taxes on goods and all other charges levied on the shipment in the destination country shall be payable to us by the receiver upon delivery of the shipment and if the receiver refuses to pay you agree to pay us these amounts in full within 7 days of us notifying you that the receiver has not paid.
22.6. You agree that we may charge interest on all invoices not paid within 30 days from the date of invoice at the rate of 6% above the European Central Bank base rate until full and final payment of the relevant invoice. You agree to pay our reasonable and proper cost of collection of invoices not paid within seven days from the invoice date.
22.7. The door to door delivery rates shown on our current rate card include provision for simple customs clearance formalities and we reserve the right to charge an extra administration fee where time-consuming excessive customs clearance work is needed to enable us to deliver your shipment to the receiver. Additional charges may therefore be applied in some countries for complex customs clearance activities and these include but are not limited to shipments that require:
22.7.1. formal customs entries involving more than three different commodities;
22.7.2. customs bonds or the need to deliver goods under a customs bond;
22.7.3. temporary import facilities;
22.7.4. clearances involving a government department other than the customs authority.
We may in some countries make advance payments of import duty, taxes, penalties or have to post bond on behalf of the importer and where this additional service is provided a local administration fee will be charged to the receiver and you will be liable for this charge if the receiver does not pay us.
22.8. You may give us special invoicing instructions or agree with the receiver of the shipment or another third party that he or she will pay our charges and/or any duties, taxes, penalties, bonds, assessments, expenses, surcharges and fines levied or incurred by us in connection with the shipment. If the receiver or other third party refuses to pay our charges for the carriage or reimburse us for any of the above costs you agree to pay these amounts within 7 days of us notifying you of the refusal to pay.
22.9. Our invoice does not include a copy of the Proof of Delivery (POD), which you agree may be validly obtained or provided in a digital or electronic format, or any other additional documents.
22.10. Where permitted by law, our standard invoice presentation method is electronic invoicing. Where you request, or we are required, to use paper invoicing we reserve the right to charge you an administration fee for providing this service.
22.11. Our invoices must be paid in the currency stated in the invoice or otherwise in a local currency against exchange rates provided by us.
22.12. We have a general lien on all your shipments in our possession at any one time that gives us the right to sell the contents and retain the proceeds of sale in settlement of any amounts that you may owe us.
22.13. You shall be liable for the payment of all duties, taxes and charges including stamp duties as applicable on the carriage and other services as well as on all documents including the consignment note.
23. YOUR INDEMNITY IN RESPECT OF EMPLOYEES
23.1. You agree to indemnify us against and keep us harmless from all costs, claims, liabilities and demands of any nature arising directly or indirectly from the redundancy selective re-employment or transfer of any of:
23.1.1. our employees assigned or primarily dedicated to the services we provide to you; or
23.1.2. employee or former employee of yours; or
23.1.3. any supplier or former supplier to you; or
23.1.4. any third party
which may in any way arise from the commercial relationship between us and you including but not limited to any liability arising under the European Community Acquired Rights Directive (77/187/EEC, as amended by Directive 2001/23/EC) or national implementing legislation thereof or under any other applicable employment legislation.
24. LAW AND JURISDICTION
24.1. In the event that any term or condition is declared invalid or unenforceable such a determination shall not affect the other provisions of this contract all of which remain in force.
24.2. Save as provided by any applicable convention, disputes arising from or related to this contract shall be subject to the laws and the courts of the country in which the subsidiary or affiliate or branch of TNT that accepts your shipment for carriage or performs other services is based.