DSV Xpress standard terms conditions

DSV Xpress standard terms conditionsGeneral Terms and Conditions of DSV XPress § 1 Area of application 1.1 For the avoidance of doubt any reference in these Terms and Conditions to: “the Courier” shall mean DSV Road (Pty) Ltd t/a DSV Distribution or DSV Air & Sea (Pty) Ltd or DSV Solutions (Pty) Ltd. “Carriage” shall mean all forms of transport and related activities undertaken by the Courier on behalf of Customers in respect of the goods. “the Customer/ Shipper” shall mean the party on whose behalf the Courier took possession of the goods in good faith, whether that is the sender, the party billed, the consignee, the true owner or any other party with an interest in the goods or on whose behalf the carriage has taken place. 1.2 These DSV XPress Terms and Conditions apply to the transportation of consignments using the DSV XPress Product online booking portal or Client Zone wherein which the Customer will be issued with a dispatch order or a consignment note. 1.3 The DSV XPressTerms and Conditions are accessible on www.dsv.com or on request and the Customer is required to familiarize itself with with the Terms & Conditions including the limits and exclusions of liability. 1.4 The Courier reserves right to amend and supplement the DSV XPress Terms and Conditions without notice to the Customer. 1.5 All third party terms and conditions is expressly excluded. 1.6 Any amends or deviations of the DSV XPress Terms and Conditions shall not be valid unless expressed in writing and approved by the Customer and the Courier. 1.7 Unless otherwise stipulated in applicable statutory legislation or international conventions, the DSV XPress Terms and Conditions shall take precedence. In the case of air transport, the Montreal Convention may apply and in the case ofCross-border transport by road the CMR (the International Carriage of Goods by Road) Convention shall apply. § 2 Services 2.1 DSV XPress service portfolio includes: - DSV XPress: Delivery of documents and consignments worldwide in the shortest time possible. - DSV XPress Economy: National and international forwarding for non-urgent consignments. - DSV XPress Special Services: National and international forwarding for top-urgent consignments. 2.2. Return to origin shipments A return to origin consignment or undeliverable consignment arises where the nominated Courier has exhausted all commercially reasonable means to attempt delivery of a consignment for whatever reason (other than due to the fault or neglect of the nominated Courier) - Return to origin consignments will be at the Customer’s cost and charges will be based on the Couriers fees as per clause 3 below including any destination duties and taxes or any third party costs which may arise. § 3 Fee and Payment The fee is calculated according to the Couriers current price list, which is available upon request; unless, agreed otherwise in writing between the parties.The fees exclude any destination duties, taxes, levies, penalties, surcharges or any third party costs which may arise and which costs will be listed separately in the invoice. The Customer is obligated to pay the fee as well as other costs not included in the fee, such as customs duty and import turnover tax. In the case of “charges collect” consignments, DSV XPress issues the invoice to the recipient initially. The Shipper’s obligation to pay is not affected thereby unless specifically agreed to the contrary by the Parties in writing, all fees, costs and expenses shall be paid to the Courier in cash immediately upon presentation of statement without any payments being withheld/set off or deferred on account of any claim or counter claim. All overdue payment shall attract interest at the prime overdraft rate plus 3% from due date. The shipment and any documents relating thereto as well as all refunds and/or other recoveries made, shall be subject to a special and general lien and pledge either for money due in respect of such shipment or for other monies due to the Courier by the Customer/Shipper. The Courier reserves the right to impose emergency surcharges which may arise as a result of circumstances which are beyond its reasonable control. § 4 The Customer/Shippers warrants that : 4.1 All information provided by the Customer/Shipper or its representatives is complete and accurate; 4.2 The shipment is acceptable for transport and does not violate the conditions specified in Section 5 below; 4.3 The shipment was prepared in a secure environment and was protected against unauthorized interference during preparation, storage and any transportation to the Courier; 4.4 The Customer/Shipper has complied with all laws and requlations relating to customs, import, export, sanctions, embargoes and other laws and regulations that are applicable. 4.5 The Customer/Shipper shall indemnify and hold DSV XPress harmless from any claim, loss or damage arising out of Customers/Shipper's failure to comply with the warranties set in this clause. § 5 Excluded goods I. Unless otherwise expressly agreed, the following items are excluded from transportation: 1. Consignments with insufficient packaging. 2. Dangerous goods which require special handling (e.g., those for which a DGR statement is required). 3. Valuable consignments (e.g., precious metals, jewels, etc.) and works of art. 4. Perishable goods (e.g., foodstuffs). 5. All types of weapons as well as self-igniting and explosive goods. 6. All types of personal and household effects. 7. All types of pharmaceuticals. 8. Plants and animals. 9. Currency and securities including stamps. 10. Alcohol, tobacco and pornographic publications and articles. 11. All goods whose import and export is prohibited according to the applicable national regulations in each case. 12. Letter of credit consignments. 13. Cash on delivery consignments. 14. Jewellery and watch consignments with a value exceeding EUR 500. 15. Furs. 16. Computers, laptops, tablets, mobile phones above EUR 5,000. I. The Customer/Shipper shall be liable for any and losses suffered by the Courier if the Customer/Shipper sends excluded items contrary to § 5 II. The above mentioned items may only be shipped with the Courier according to prior written agreement and subject to any applicable additional terms and conditions § 6 Inspection The Courier may at its discretion or at the request of any authority open consignments for inspection and shall not be subject to any liability in this respect. § 7 Liability Unless otherwise stated in mandatory statutory regulations or international conventions regarding national or international carriage of cargo, the Couriers liability shall be limited to ZAR 1,000 per consignment in the event of losses or damages caused as a direct result of the Couriers negligence. The Couriers shall not be liable for indirect or consequential losses such as but not limited to loss of profit, loss of business arising indirectly out of a lost, damaged or delayed consignment. All risk liability cover can be obtained by declaring a Cargo liability value as per the comercial invoice on the DSV Xpress portal, up to a maximum value of ZAR 100 000 per consignment. Such cover will attract a Protect surcharge of: ZAR 250,00 for cover up to ZAR 50 000 (Standard Protect ) ZAR 500,00 for cover up to ZAR 100 000 ( Protect +) EXCLUSIONS OF LIABILITY COVER We will not indemnify you for:- - Loss, damage or expense attributable to your willful misconduct - Ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the cargo - Loss, damage or expense caused by insufficiency or unsuitability of packing or preparation of the cargo to withstand the ordinary incidents of the transit - Loss, damage or expense caused by inherent vice or nature of the cargo - Loss, damage or expense caused by delay - Damage or expense caused by insolvency or financial default of the owners, managers, charterers or operators of the vessel - Loss, damage or expense directly or indirectly caused by or arising from the use of any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter - Loss, damage or expense resulting from temperature variation directly attributable to mechanical breakdown unless the period of mechanical breakdown exceeds 12 consecutive hours - Loss, damage or expense directly or indirectly caused by or arising from any chemical, biological, bio- chemical, or electromagnetic weapon - Loss, damage or expense directly or indirectly caused by or arising from the use or operation, as a means for inflicting harm, of any computer, computer system, computer software programme, malicious code, computer virus or process or any other electronic system - Loss, damage or expense arising from a. unseaworthiness of vessel or craft or unfitness of vessel or craft for the safe carriage of the cargo, where you are privy to such unseaworthiness or unfitness, at the time the cargo is loaded b. unfitness of container or conveyance for the safe carriage of the cargo, where you are privy to such unfitness at the time of loading - Loss, damage or expense caused by a. war, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power b. capture, seizure, arrest, restraint or detainment (piracy excepted), and the consequences thereof or any attempt thereat c. derelict mines, torpedoes, bombs or other derelict weapons of war - Loss, damage or expense a. caused by strikers, locked-out workmen, or persons taking part in labor disturbances, riots or civil commotions b. resulting from strikes, lock-outs, labor disturbances, riots or civil commotions c. caused by any act of terrorism being an act of any person acting on behalf of, or in connection with, any organization which carries out activities directed towards the overthrowing or influencing, by force or violence, of any government whether or not legally constituted d. caused by any person acting from a political, ideological or religious motive Any claim related to loss, damage or delay of a consignment shall be made directly to DSV XPress immediately upon delivery in case of visible damage or no later than 7 days in writing in case of non-visible damage. In case of late reporting, the claim may be rejected and it will be the obligation of the customer to prove that damage happened while cargo was in our custody. § 8 Partial invalidity Should one of the provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected thereby. The invalid provision shall be replaced by a valid provision that comes closest to the economic content of the invalid provision. § 9 Choice of law / Place of jurisdiction The laws of The Republic of South Africa shall apply unless otherwise stipulated in the mandatory statutory legislation. Any disputes shall be settled by the court of law at the venue of THE Courier.