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Standard Terms and Conditions of Carriage
On this page, you will find the latest (and most applicable) Terms and Conditions of Carriage. Please note that different terms and conditions may apply in certain countries.
TERMS AND CONDITIONS OF CARRIAGE ("Terms and Conditions")
IMPORTANT NOTICE
When ordering DHL's services you, as "Shipper", are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment, that the Terms and Conditions shall apply from the time that DHL accepts the Shipment unless otherwise agreed in writing by an authorised officer of DHL. Your statutory rights and entitlements under any defined service feature (for which additional payment has been made) are not affected.
"Shipment" means all documents or parcels that travel under one waybill and which may be carried by any means DHL chooses, including air, road or any other carrier. A "waybill" shall include any label produced by DHL automated systems, air waybill, or consignment note and shall incorporate these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then insurance may be arranged at an additional cost. (Please see below for further information). "DHL" means any member of the DHL Worldwide Express Network.
1 Transport Conditions
CARRIAGE CONTRACT CELEBRATED BETWEEN, AS THE CARRIER, D.H.L. INTERNACIONAL DE MÉXICO, S.A. de C.V., HENCEFORTH KNOWN AS "DHL", AND AS THE SENDER, "THE CLIENT", UNDER THE FOLLOWING AGREEMENT:
S T A T E M E N T :
1°.- "DHL" STATES:
a) The following data:
ADDRESS: Avenida Fuerza Aérea Mexicana No. 540, Colonia Federal, Código Postal 15700, México, Distrito Federal.
Escritura Constitutiva 22,979 de marzo 12 de 1980.- Notario Público 116 del D.F..- R.P.P.C. Folio Mercantil 21,739.- R.F.C. DHL880115QTO.- I.V.A. 963969.- Reg. CANACO 116362.
b) That among its social goals there is the providing of courier service and parcel delivery, within the country and to other countries.
c) That in such virtue, it cannot carry the following:
First Class Mail, currency, negotiable instruments in bearer form, jewelry, gold ingots, cashier check, antiques, pharmaceutical products, liquors, postal stamps, precious metals, firearms and parts thereof, ammunition, money orders, plants, drugs, cigars and cigarettes, works of fine art, archeological items, explosives, hazardous or toxic substances due to their own nature, food, perishable goods, obscene or pornographic material, traveler checks, industrial coal or diamonds, transportation equipment including fuels, items or goods or property prohibited or restricted by any law from any country, regardless of being the shipper or the recipient to whom the delivery is being sent, and any parcel that requires to state its value, importation permits or customs statement.
d) That acceptable cargo could have customs or postal restrictions issued in compliance with the legal guidelines enforced by any country, so that "DHL" can require from "THE CLIENT" with every and any shipment compliance with such requirements to fulfill delivery to the "CONSIGNEE". "DHL" can provide Information on requirements under request from "THE CLIENT".
2°.- BOTH PARTIES STATE, for better understanding of this instrument, the following
D E F I N I T I O N S :
"THE CLIENT", whose Information was submitted in the blank spaces provided in the "WAYBILL".
"COURIER SERVICE": Carriage service of business documents.
"PARCEL DELIVERY": Carriage service of goods and items not intended for sale or without commercial value.
WAYBILL: The numbered, non-negotiable document that "DHL" issues to "THE CLIENT" take in and document the shipment and allow "DHL" to exercise the rights stated in this contract and that will contain all the pertinent Information needed to identify and single out each service, it's tracking and tracing.
ACCEPTABLE CARGO: Refered to in "COURIER SERVICE" AND "PARCEL DELIVERY".
UNNACEPTABLE CARGO: Defined in Statement 1°, fraction c) of this contract.
STATION OF ORIGIN: The "DHL" installations where "THE CLIENT" delivers the shipment.
C L A U S E S :
FIRST.- "DHL" is compelled to provide its best and loyal insights to "THE CLIENT", and "THE CLIENT" agrees to pay for parcel delivery and courier services subject to subsequent modalities.
SECOND.- "DHL" is bound to transport the shipments and parcels from "THE CLIENT", as stated in the First Clause of this contract, with exception made of the documents and items listed in STATEMENT 1, fraction c) of this document, and with regard to the legal restrictions issued by foreign governments.
To this effect, "THE CLIENT" states in the WAYBILL the nature of the content of the shipment and (authorizes) (does not authorize) "DHL", if it considers it pertinent, to ensure that the stated items coincide with those found inside the shipment and that they are above the limitations previously stated.
Likewise, "THE CLIENT" or a third party under his request, will fill the appropriate blank spaces found on the WAYBILL which will be provided each time by "DHL" to facilitate the transportation of the shipment, or in defect, provide "DHL" with the elements to fill those blank spaces.
THIRD.- In those instances of delayed deliveries, delivery failure, collection delays, transportation or delivery issues, misplacement, stolen deliveries or total losses, the parties agree on the following clauses to establish liabilities:
a) "THE CLIENT" accepts that failure to comply truthfully and accurately with the statements referred to in the Segundo Clause of this contract, particularly with the issue regarding the content of the shipment, will absolve "DHL" of any liabilities resulting from damage and injuries incurred, except for those stated in the following Clause.
b) In those instances when ACCEPTABLE CARGO is being transported and that has a measurable value to "THE CLIENT" greater than the intrinsic value of the item, "DHL" will insure the shipment by request via a written submission by "THE CLIENT", and "THE CLIENT" will be able to determine the value of the shipment to be insured and pay the insurance charges incurred. Accordingly, if "THE CLIENT" does not request "DHL" to provide shipment insurance nor pays for it, "DHL" will limit its liabilities to those stated in the following clause.
On these cases, delivery time starts for "DHL" after the insurance policy is approved and signed.
c) "DHL" will be cleared of any liabilities originated by any circumstances out of its control.
FOURTH.- The liability to which "DHL" will submit according to fractions a) and b) from the previous clause will be limited to the payment of the following amounts:
a) The amount for the damage or loss suffered inherently by the cargo
b) In all other cases, the amount of the real value of the cargo, which will be calculated using the following rules:
1) If the compromised shipment consisted of DOCUMENTS WITHOUT COMMERCIAL VALUE, the amount will be fixed by taking into account the expenses incurred with restoration, replacement, reparation or reconstruction of said documents;
2) If the compromised shipment consisted of PARCELS WITHOUT CUANTIFIABLE COMMERCIAL VALUE, the amount will be fixed taking into account the expenses incurred with repairs, replacement or reparations.
3)If the compromised shipment consisted of PARCELS WITH COMMERCIAL VALUE, this will be covered by the THIRD clause, fraction b) of this contract, or in its absence, the amount will be fixed taking into account the expenses incurred with repairs, replacement, reparations and retail price.
For the cases to which this clause makes reference, the maximum liability of "DHL" will not exceed the equivalent of 30 days worth of the minimum wage in use in Mexico City during the original delivery date.
FIFTH.- "DHL" has put in place an administrative instance for claims submitted by "THE CLIENT", which will be optional, with the goal of establishing the liability incurred by "DHL" in compliance with the previous clause. This instance will comply with applicable legislation and non-infringement of the rights of "THE CLIENT", once "THE CLIENT" has been communicated the resolution issued by this instance, which will be conducted in the following manner:
a) "THE CLIENT" will submit to "DHL" within the next fifteen working days following the date of the shipment's delivery, a written letter in which "THE CLIENT" will describe the reasons for submitting his claim, along with "THE CLIENTS" estimate of the value of the liability incurred by "DHL", in accordance with Clause FOURHT of this contract, offering the proof "THE CLIENT" considers pertinent.
b) "DHL" will dismiss any claim for the following reasons:
1.- If the claim is submitted after deadline, or
2.-If "THE CLIENT" owes any amount of money for any reason to "DHL"
C) Previous to the administrative procedure that "DHL" considers to fulfill, it will communicate to "THE CLIENT" any pertinent resolutions, within the following thirty days after submission of the claim.
SIXTH.- For a better compliance of this contract as referred to by Clause FIRST, "THE CLIENT" acknowledges that "DHL" can outsource with a third party the transportation of the shipment.
In this event, "DHL" will maintain its obligations before "THE CLIENT" as the sole party responsible.
SEVENTH.- The amount that "THE CLIENT" will pay to "DHL" for its parcel delivery and courier services will be set according to the rates exhibited in each one of the SERVICE STATIONS and that is an integral part of this contract, and these rates will be in use until "DHL" issues new rates that include the date that they will come into effect.
These rates will in effect substitute those issued immediately before and will be considered part of this contract.
Transportation costs not considered within these rates, will be usually agreed upon by the parties of this contract on a case by case basis, particularly those costs incurred by trade tariffs or customs, or other as such.
a) Each time "DHL" will issue an invoice that covers the services provided to "THE CLIENT";
b) This invoice will be paid for in full by "THE CLIENT" every time he orders each service.
EIGHT.- The parties state that upon signature of this contract, the terms, conditions and requirements printed on the cover of this "AIRWAY BILL", covered by clause SEGUNDO of this instrument will be considered breached if opposed to.
NINTH.-For instances where there is a controversy regarding the interpretation, application or fulfillment of this contract, the parties acknowledge as competent within the attributes given by law, and depending on the case, the Federal Consumer Bureau and the Common Law Tribunals located in the Federal District (Mexico City), renouncing in this fashion to any set of law that could apply due to their present of future location.
FEDERAL CONSUMER BUREAU REGISTRY NUMBER 1025 BOOK 1o. VOL. 1o. PAGES 57 OF 6/IV/88.
TERMS AND CONDITIONS OF CARRIAGE ("Terms and Conditions")
IMPORTANT NOTICE
When ordering DHL's services you, as "Shipper", are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment, that the Terms and Conditions shall apply from the time that DHL accepts the Shipment unless otherwise agreed in writing by an authorised officer of DHL. Your statutory rights and entitlements under any defined service feature (for which additional payment has been made) are not affected.
"Shipment" means all documents or parcels that travel under one waybill and which may be carried by any means DHL chooses, including air, road or any other carrier. A "waybill" shall include any label produced by DHL automated systems, air waybill, or consignment note and shall incorporate these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then insurance may be arranged at an additional cost. (Please see below for further information). "DHL" means any member of the DHL Worldwide Express Network.
1 Transport Conditions
CARRIAGE CONTRACT CELEBRATED BETWEEN, AS THE CARRIER, D.H.L. INTERNACIONAL DE MÉXICO, S.A. de C.V., HENCEFORTH KNOWN AS "DHL", AND AS THE SENDER, "THE CLIENT", UNDER THE FOLLOWING AGREEMENT:
S T A T E M E N T :
1°.- "DHL" STATES:
a) The following data:
ADDRESS: Avenida Fuerza Aérea Mexicana No. 540, Colonia Federal, Código Postal 15700, México, Distrito Federal.
Escritura Constitutiva 22,979 de marzo 12 de 1980.- Notario Público 116 del D.F..- R.P.P.C. Folio Mercantil 21,739.- R.F.C. DHL880115QTO.- I.V.A. 963969.- Reg. CANACO 116362.
b) That among its social goals there is the providing of courier service and parcel delivery, within the country and to other countries.
c) That in such virtue, it cannot carry the following:
First Class Mail, currency, negotiable instruments in bearer form, jewelry, gold ingots, cashier check, antiques, pharmaceutical products, liquors, postal stamps, precious metals, firearms and parts thereof, ammunition, money orders, plants, drugs, cigars and cigarettes, works of fine art, archeological items, explosives, hazardous or toxic substances due to their own nature, food, perishable goods, obscene or pornographic material, traveler checks, industrial coal or diamonds, transportation equipment including fuels, items or goods or property prohibited or restricted by any law from any country, regardless of being the shipper or the recipient to whom the delivery is being sent, and any parcel that requires to state its value, importation permits or customs statement.
d) That acceptable cargo could have customs or postal restrictions issued in compliance with the legal guidelines enforced by any country, so that "DHL" can require from "THE CLIENT" with every and any shipment compliance with such requirements to fulfill delivery to the "CONSIGNEE". "DHL" can provide Information on requirements under request from "THE CLIENT".
2°.- BOTH PARTIES STATE, for better understanding of this instrument, the following
D E F I N I T I O N S :
"THE CLIENT", whose Information was submitted in the blank spaces provided in the "WAYBILL".
"COURIER SERVICE": Carriage service of business documents.
"PARCEL DELIVERY": Carriage service of goods and items not intended for sale or without commercial value.
WAYBILL: The numbered, non-negotiable document that "DHL" issues to "THE CLIENT" take in and document the shipment and allow "DHL" to exercise the rights stated in this contract and that will contain all the pertinent Information needed to identify and single out each service, it's tracking and tracing.
ACCEPTABLE CARGO: Refered to in "COURIER SERVICE" AND "PARCEL DELIVERY".
UNNACEPTABLE CARGO: Defined in Statement 1°, fraction c) of this contract.
STATION OF ORIGIN: The "DHL" installations where "THE CLIENT" delivers the shipment.
C L A U S E S :
FIRST.- "DHL" is compelled to provide its best and loyal insights to "THE CLIENT", and "THE CLIENT" agrees to pay for parcel delivery and courier services subject to subsequent modalities.
SECOND.- "DHL" is bound to transport the shipments and parcels from "THE CLIENT", as stated in the First Clause of this contract, with exception made of the documents and items listed in STATEMENT 1, fraction c) of this document, and with regard to the legal restrictions issued by foreign governments.
To this effect, "THE CLIENT" states in the WAYBILL the nature of the content of the shipment and (authorizes) (does not authorize) "DHL", if it considers it pertinent, to ensure that the stated items coincide with those found inside the shipment and that they are above the limitations previously stated.
Likewise, "THE CLIENT" or a third party under his request, will fill the appropriate blank spaces found on the WAYBILL which will be provided each time by "DHL" to facilitate the transportation of the shipment, or in defect, provide "DHL" with the elements to fill those blank spaces.
THIRD.- In those instances of delayed deliveries, delivery failure, collection delays, transportation or delivery issues, misplacement, stolen deliveries or total losses, the parties agree on the following clauses to establish liabilities:
a) "THE CLIENT" accepts that failure to comply truthfully and accurately with the statements referred to in the Segundo Clause of this contract, particularly with the issue regarding the content of the shipment, will absolve "DHL" of any liabilities resulting from damage and injuries incurred, except for those stated in the following Clause.
b) In those instances when ACCEPTABLE CARGO is being transported and that has a measurable value to "THE CLIENT" greater than the intrinsic value of the item, "DHL" will insure the shipment by request via a written submission by "THE CLIENT", and "THE CLIENT" will be able to determine the value of the shipment to be insured and pay the insurance charges incurred. Accordingly, if "THE CLIENT" does not request "DHL" to provide shipment insurance nor pays for it, "DHL" will limit its liabilities to those stated in the following clause.
On these cases, delivery time starts for "DHL" after the insurance policy is approved and signed.
c) "DHL" will be cleared of any liabilities originated by any circumstances out of its control.
FOURTH.- The liability to which "DHL" will submit according to fractions a) and b) from the previous clause will be limited to the payment of the following amounts:
a) The amount for the damage or loss suffered inherently by the cargo
b) In all other cases, the amount of the real value of the cargo, which will be calculated using the following rules:
1) If the compromised shipment consisted of DOCUMENTS WITHOUT COMMERCIAL VALUE, the amount will be fixed by taking into account the expenses incurred with restoration, replacement, reparation or reconstruction of said documents;
2) If the compromised shipment consisted of PARCELS WITHOUT CUANTIFIABLE COMMERCIAL VALUE, the amount will be fixed taking into account the expenses incurred with repairs, replacement or reparations.
3)If the compromised shipment consisted of PARCELS WITH COMMERCIAL VALUE, this will be covered by the THIRD clause, fraction b) of this contract, or in its absence, the amount will be fixed taking into account the expenses incurred with repairs, replacement, reparations and retail price.
For the cases to which this clause makes reference, the maximum liability of "DHL" will not exceed the equivalent of 30 days worth of the minimum wage in use in Mexico City during the original delivery date.
FIFTH.- "DHL" has put in place an administrative instance for claims submitted by "THE CLIENT", which will be optional, with the goal of establishing the liability incurred by "DHL" in compliance with the previous clause. This instance will comply with applicable legislation and non-infringement of the rights of "THE CLIENT", once "THE CLIENT" has been communicated the resolution issued by this instance, which will be conducted in the following manner:
a) "THE CLIENT" will submit to "DHL" within the next fifteen working days following the date of the shipment's delivery, a written letter in which "THE CLIENT" will describe the reasons for submitting his claim, along with "THE CLIENTS" estimate of the value of the liability incurred by "DHL", in accordance with Clause FOURHT of this contract, offering the proof "THE CLIENT" considers pertinent.
b) "DHL" will dismiss any claim for the following reasons:
1.- If the claim is submitted after deadline, or
2.-If "THE CLIENT" owes any amount of money for any reason to "DHL"
C) Previous to the administrative procedure that "DHL" considers to fulfill, it will communicate to "THE CLIENT" any pertinent resolutions, within the following thirty days after submission of the claim.
SIXTH.- For a better compliance of this contract as referred to by Clause FIRST, "THE CLIENT" acknowledges that "DHL" can outsource with a third party the transportation of the shipment.
In this event, "DHL" will maintain its obligations before "THE CLIENT" as the sole party responsible.
SEVENTH.- The amount that "THE CLIENT" will pay to "DHL" for its parcel delivery and courier services will be set according to the rates exhibited in each one of the SERVICE STATIONS and that is an integral part of this contract, and these rates will be in use until "DHL" issues new rates that include the date that they will come into effect.
These rates will in effect substitute those issued immediately before and will be considered part of this contract.
Transportation costs not considered within these rates, will be usually agreed upon by the parties of this contract on a case by case basis, particularly those costs incurred by trade tariffs or customs, or other as such.
a) Each time "DHL" will issue an invoice that covers the services provided to "THE CLIENT";
b) This invoice will be paid for in full by "THE CLIENT" every time he orders each service.
EIGHT.- The parties state that upon signature of this contract, the terms, conditions and requirements printed on the cover of this "AIRWAY BILL", covered by clause SEGUNDO of this instrument will be considered breached if opposed to.
NINTH.-For instances where there is a controversy regarding the interpretation, application or fulfillment of this contract, the parties acknowledge as competent within the attributes given by law, and depending on the case, the Federal Consumer Bureau and the Common Law Tribunals located in the Federal District (Mexico City), renouncing in this fashion to any set of law that could apply due to their present of future location.
FEDERAL CONSUMER BUREAU REGISTRY NUMBER 1025 BOOK 1o. VOL. 1o. PAGES 57 OF 6/IV/88.
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