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These Terms and Conditions apply to the provision of all DHL services when shipping between points in Canada, or between points in Canada and various international points. In the event of any conflict or inconsistency between these Terms and Conditions and any other written or oral statement (including any DHL Bill of Lading or other transit documentation), these Terms and Conditions shall govern. These Terms and Conditions together with the applicable Bill of Lading constitute the entire agreement with respect to DHL's services and set out all covenants, promises, warranties, representations, conditions, understandings and agreements with respect to DHL's services, and supersede all previous terms and conditions and any other prior documentation concerning DHL services. DHL reserves the right from time to time to unilaterally modify, amend or change these Terms and Conditions without notice. Only the Vice President of Sales of DHL has the authority to do so; no other DHL employee or agent, nor any other person or party, is authorized to do so.DHL DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS. DHL does not guarantee any delivery times except for DHL 9am Express Delivery Service (subject to certain terms and conditions; call 1-800-CALL-DHL for details).
- Services. DHL agrees to provide, at DHL's specified rates courier services in accordance with the terms and conditions set out in these Terms and Conditions and those set out in the applicable Bill of Lading. In these Terms and Conditions, "Bill of Lading" includes any DHL shipping document, label, waybill, manifest or similar document. DHL does not deliver to P.O. Boxes.
- Terms of Payment. Customers shall pay DHL within seven (7) days from date of invoice. In the event the customer fails to pay an invoice in full, when due, interest calculated at the rate of 1.8% per month (with an effective rate of 26.95% per annum) shall accrue and be payable to DHL, on all outstanding amounts.
- Right to Refuse Shipments. DHL reserves the right to refuse to accept (in whole or in part) any shipment which DHL determines, in its sole discretion, may result in damage or delay to other shipments, equipment or personnel, or when the carriage of the shipment is prohibited by law or is contrary to any of these Terms and Conditions (including DHL's Package Acceptance Policy).
- C.O.D. Shipments and Third Party Billing. DHL does not accept C.O.D. shipments. If the customer requests DHL to bill the receiver or a third party, the customer agrees that it will ultimately be liable for and agrees to pay all charges relating to such shipment (including without limitation all taxes and duties) if the receiver or third party does not pay.
- Reweighing of Shipments: At any time during the shipment and notwithstanding that a weight may be declared on the Bill of Lading, DHL may reweigh or cube any shipments and assess additional transportation charges based on the IATA volumetric standard. Reweighing is done utilizing scales approved by Weights & Measures Canada.
- Volumetric Weight Calculation: To calculate the cubed imperial weight for all Canadian and International shipments, use: l x w x h (in Inches) / 1,728 (1 cubic foot) x 15 (cubing factor in Lbs) = volumetric weight in pounds. To calculate the metric weight for all Canadian and International shipments, in centimetres: l x w x h (in Centimeters) / 28,317 (1 cubic foot) x 6.804 (cubing factor in Kg) = volumetric weight in Kgs.
- Size and Weight Restrictions. (a) Domestic: For shipments within Canada, DHL will accept individual pieces for shipment provided they do not exceed 150 lbs and are within 36"x 24"x 72" dimensions.
(b) International: For shipments between Canada and any foreign destination or between foreign jurisdictions, size restrictions and weight limits vary by country of destination. Call 1-800-CALL-DHL for further information.
- Dangerous goods: DHL will accept for shipment certain classes of Dangerous Goods subject to compliance with all applicable legislation, including without limitation the International Air Transport Association ("IATA") Regulations and the Transportation of Dangerous Goods Act. In no event will DHL accept any of the following Dangerous Goods:
- Explosives
- Radioactives which are pyrophoric or explosive
- Infectious substances packed with other goods
- Unsecured cylinders
- Loaded firearms
- Wastes
Dangerous Goods may NOT be packaged in a DHL branded envelope, flyer or box. DHL does not accept any Dangerous Goods shipments to be sent "via air". An additional fee will apply to each Dangerous Goods shipment. DHL may change its policies in connection with Dangerous Goods without notice. Certain exceptions and restrictions apply. Call 1-800-CALL-DHL for further information.
- Prohibited Items. In addition to the restrictions and prohibitions set out in paragraph 8, DHL imposes the following additional restrictions on shipments:
(a) Domestic Destinations: Items which DHL will not accept for shipment within or to Canada include, without limitation, the following:
- Shipments containing in excess of 30% glass content
- Live animals, insects, plants or fish
- Toxic gases (Class 2.3)
- Human remains
- Drugs prohibited by law
- Jewellery or original artwork
- Explosives, except Class 1.4S or exempted items
- Seafood, meat, poultry or fish
- Water Reactive substances (Class 4.3) Packing Group 1
- Cash, bonds, stocks or other negotiable instruments
- Radioactives (Class 7), other than exempted items
- Tobacco (in excess of 50 cartons and/or in excess of 10 kg, unless under contract to dealer)
- Pornography
- Items restricted by IATA or ICAO (International Civil Aviation Organization)
- Items which DHL determines, in its sole discretion, that it cannot transport safely or legally.
(b) US Destinations: In addition to those set out above under "Prohibited Items: Domestic Destinations", items which DHL will not accept for shipping to, from or within the US include, without limitation, the following:
- Cuban cigars
- Coins of any kind
- Furs and fur clothing
- Alcohol
- Weapons and ammunition
(c) International Destinations (other than the US): Restricted items vary by country.
- DHL may change its policies in connection with restricted and prohibited shipments without notice. For further information on domestic, US and international restrictions, please contact 1-800-CALL-DHL.
Note: Any marine transport shipments must conform to International Marine Dangerous Goods Code (MDC) except for travel on roll on/off ferry. Refer to Special Provisions in Dangerous Goods Regulations.
- Inspection of Shipments. Without notice, DHL may, at its sole discretion, open and inspect any shipment and its contents at any time. Customs authorities, or other governmental authorities, may also open and inspect any shipment and its contents at any time.
- Routing. Customer agrees to all routing and diversion, including the possibility that the shipment may be carried via intermediate stopping places which DHL deems appropriate. DHL reserves the right to substitute alternate methods of transport for those selected by the customer. DHL also reserves the right to substitute non-courier carriers to complete shipment deliveries to remote or non-DHL serviced destinations. DHL's exercise of any of its rights under this paragraph shall in no way affect DHL's maximum liability as provided in these Terms and Conditions (see "Maximum Liability").
- Re-Attempted Deliveries and Undeliverable Shipments. Undeliverable shipments and re-attempts at deliveries shall be dealt with in accordance with DHL's then current policies and procedures. Additional charges may apply. Call 1-800-CALL-DHL for details.
- Warsaw Convention. In these Terms and Conditions, references to the Convention mean the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, October 12, 1929, or that Convention as amended by the Hague Protocol 1955, the Montreal Protocol No. 4 and/or the Convention Supplementary to the Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier, or at that Convention as may otherwise be amended, as applicable. When a shipment involves a destination or stop in a country other than the country of departure, the Convention may apply and, in most cases, will limit DHL's liability with respect to loss or damage to, or in delay in carriage of, such shipments.
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Maximum Liability.
Where the Convention does not apply to a shipment, the maximum amount of any losses or damages, howsoever caused, for which DHL may be liable is $4.41 Cdn. per kilogram (or $2.00 Cdn. per pound) computed on the total weight of such shipment, unless a higher value is declared on the Bill of Lading at the time of pickup and the sender has paid any applicable surcharge.
Notwithstanding the weight of any shipment, in no event shall DHL's liability in respect of any shipment be greater than the allowable maximum declared value provided in paragraph 15.
In no event, however, will DHL be liable for consequential, incidental, or indirect damages, including loss of profits or income, whether or not DHL had knowledge that such damages might be incurred.
Where the Convention applies to the shipment, DHL's maximum liability will be subject to the rules of liability established by the Convention.
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Shipment Value Protection.
"Declared value for carriage" is required by DHL to determine transport liability limits, while "declared value for customs" is required by customs officials for possible assessment of duties and taxes. The declared value for carriage of any shipment represents DHL's maximum liability in connection with a shipment, subject to the rules of liability established by the Convention where the Convention applies. In no event, however, shall there be a declared value in excess of $99,999.99 and any value declared in excess of same will be deemed to be invalid. The shipment value must be declared on the Bill of lading at the time of pickup. All shipments with a declared value exceeding $1,000 must have a pre-authorization number obtained from the local DHL branch Customer Service (1-800-CALL-DHL) prior to shipping. The number is to appear in the Special Agreement box on the waybill. Additional charges may apply.
Notwithstanding any disclosure of the nature or value of any shipment, the amount of any loss or damage (including, without limitation, loss of earnings or profits) in any manner resulting whether or not from negligence or gross negligence, from loss of or damage to the goods and/or misdelivery, failure to deliver the shipment, for which DHL may be liable to the sender, owner, receiver and/or any third party whether in contract, tort or otherwise, shall in no event exceed an amount equal to DHL's maximum liability as provided in paragraph 14 or 15. It is the shipper's responsibility to prove actual damages. Exposure to, and risk of, any loss in excess of the declared value for carriage (or in excess of the maximum declared value) is assumed by the shipper. The shipper may transfer this risk to an insurance carrier of its choice through the purchase of an insurance policy. Contact an insurance agent or broker for insurance coverage. DHL DOES NOT PROVIDE INSURANCE COVERAGE OF ANY KIND.
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Notice of Claim for Loss or Damage.
In case of damage, please call 1-800-CALL-DHL within 48 hours and request an immediate inspection. With respect to any claim, including a claim for loss, delay or damage where the Convention does not apply, the customer must submit a written notice of claim (along with the Bill of Lading and other supporting documentation) within 60 days from the date of delivery or, in the event that DHL failed to make delivery, within nine (9) months after the date of shipment. In the event of a claim for concealed damage not discovered at the time of delivery, customer must promptly provide DHL with written notice after discovery of the damage, and in any event not later than 48 hours after the date of delivery. The filing of a lawsuit does not constitute compliance with the above notice provisions. Further, subject to any applicable statutory provisions providing otherwise, a statement of claim instituting an action must be filed within nine (9) months from the date of shipment, together with a copy of the paid freight bill.
In the case of shipments where the Convention does apply, written claims for loss of or damage to the shipment must be received by DHL within fourteen (14) days from the date of receipt of the shipment; for damages or losses of any kind resulting from delay, within twenty-one (21) days from the date of receipt of the shipment; and for damages or losses of any kind due to non-delivery or misdelivery, within ninety (90) days after DHL's acceptance of the shipment for carriage. Further, any action must be brought within two (2) years 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 carriage stopped.
Failure to comply with any of these conditions in this paragraph, including time limits, will result in the denial of customer's claim, and DHL will have no liability or obligation to pay the claim.
No claims will be considered until all freight charges have been paid.
- Shipper's Risk. Shipments containing glass, liquids, ceramics, items requiring temperature control, privately packaged personal items or prohibited items accepted by DHL will travel at the shipper's risk on a no-value basis and DHL's maximum liability as provided in paragraph 14 cannot be increased by the customer (even if a higher value has been declared on the Bill of Lading). For a list of prohibited items, please refer to paragraph 9. Shipment Value Protection does not apply to these shipments.
- No Liability. DHL assumes no liability for any loss, damage or delay due to improper packing or marking of shipments.
- Delayed Shipments. DHL will make every reasonable effort to deliver customers' shipments according to DHL's regular delivery schedules; these are not, however guaranteed and do not form part of these Terms and Conditions. DHL is not liable for any delays and is not responsible for the consequences of a failure to deliver by a stipulated time.
- Circumstances beyond DHL's Control. DHL is not liable if a shipment is lost, damaged or misdelivered because of circumstances beyond DHL's control. These include, without limitation:
- "Act of God" (e.g. earthquake, cyclone, storm, flood)
- "Force majeure" (e.g. war, terrorism, plane crash or embargo)
- Strikes or labour disruptions
- Any defect of characteristic to do with the nature of the shipment, even if known to us when we accepted it.
- Any action or omission by anyone outside DHL. For example:
- The sender of the shipment
- The receiver of the shipment
- An interested third party
- Any public authority (including Customs and other Government officials)
- The Postal Service, other carrier or other third party who DHL contracts to serve locations that it does not serve directly. DHL is not liable even if the sender did not ask for or know about a third party arrangement.
- DHL is also not liable for electrical or magnetic damage to, or erasure of, electronic or photographic images or recordings.
- No Warranties. DHL Express makes no warranties, expressed or implied, and expressly disclaims any and all representations, warranties and conditions.
- Customer Warranty. Shippers warrant that each item in a shipment to be carried under these Terms and Conditions are properly described on the Bill of Lading and that such items are acceptable for transport by DHL, and that the shipment is properly marked, addressed and packed, and in accordance with these Terms and Conditions and all applicable law (including, without limitation, Dangerous Goods legislation and IATA and ICAO regulations). The shipper indemnifies DHL for any and all claims arising out of the shipper's breach of such warranty.
- 9am Express. DHL will refund or credit the transportation surcharges to the payor, at DHL's option, and upon request, if DHL delivers the shipment more than 60 seconds after 9:00 a.m. (in the destination time zone) on the next business day, provided the delay is not beyond DHL's control. The guarantee only applies to qualified overnight shipments to selected centres within Canada. Call 1-800-CALL-DHL for a complete summary of the 9am Express Guarantee and points of service.
- Privacy. By sending or receiving a shipment, or being identified as a third party for billing purposes, customers consent to the collection, use, or disclosure of their personal information by DHL for the purposes of providing the carrier services. In particular, with respect to a shipment, customers consent to DHL's disclosure of personal information to the shipper, the recipient and, if applicable, the third party identified for billing purposes. For the complete DHL privacy policy, please call 1-800-CALL-DHL
- Governing Law. The Bill of Lading and these Terms and Conditions shall be governed by the laws of the jurisdiction where the shipment originates, and the customer irrevocably submits to the non-exclusive jurisdiction of the courts of such jurisdiction, unless contrary to applicable law.
- Severability. If, in any jurisdiction, any provision of these Terms and Conditions or its application to any party or circumstance is restricted, prohibited or unenforceable, such provision shall, as to such jurisdiction, we ineffective only to the extent of such restriction, prohibition or unenforceability without invalidating the remaining provisions of these Terms and Conditions and without affecting the validity or enforceability of such provision in any other jurisdiction or without affecting its application to other parties or circumstances.
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Customs Clearance.
Shipper authorizes DHL (however, DHL is under no obligation) to complete on shipper's behalf any documents required to comply with applicable laws and regulations, and to act as shipper's forwarding agent for customs and export control purposes.
Shipper agrees that DHL may abandon and/or release any item which DHL declares to be unacceptable or which shipper has undervalued for Customs purposes or misdescribed, whether intentionally or otherwise, without incurring any liability whatsoever to shipper, receiver or any other third party and shipper will reimburse DHL upon demand all claims, damages, fines and expenses arising there from and for costs incurred in returning the shipment to the shipper or warehousing the shipment pending disposition.
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