Terms and Conditions: Shipping By DHL Express

Paragraph 1
1. The present regulations define the rules of providing express national transport and postal services provided by DHL Express (Poland) Sp. z o.o. (basis of activity: act of 15 November 1984 Transport law - uniform text Journal of Laws of 2000 No. 50 item 601 as amended, hereinafter referred to as transport law including regulation of the Ministry of Transport and Building on definition of the state of postal matters and complaint procedure dated 24 February 2006 Journal of Laws of 2006 No. 38.266 and act of 12 June 2003 postal law Journal of Laws No. 130 item 1188 as amended hereinafter referred to as postal law).
2. The principles of providing international services by DHL Express (Poland) Sp. z o.o. are specified in the Regulations of Services Provision by DHL Express under Europlus.
3. The principles of providing freight services by DHL Express (Poland) Sp. z o.o. are specified in the DHL Express (Poland) Sp. z o.o. General Freight Terms and Conditions.

Paragraph 2
For the purposes of the present Regulations, the following expressions are defined:

Courier - DHL Express subcontractor who receives the shipment into the DHL Express system from the Consigner and delivering it to the Consignee.

Bill of Lading - a document which constitutes the proof of conclusion of a contract for transport or postal services and of shipment delivery.

Receipt Point – facility where authorised person receives the shipment from the Consigner in order to execute the service. The tasks and functions of a courier are applied to the receipt point as appropriate.

Consigner – natural, legal person or organisational unit without legal personality who delivers the shipment to the Courier in order to execute the service.

Consignee – natural, legal person or organisational unit without legal personality who accepts the shipment delivered by the DHL Express Courier as part of the executed service.

DHL Express - DHL Express (Poland) Sp. z o.o, a limited liability company, with its registered office in Warsaw, entered into the register of entrepreneurs of the National Court Register maintained by the District Court for the capital city of Warsaw, 13th Economic Division of the National Court Register, under the number KRS 47237, equity capital PLN 21,892,500, NIP 527-00-22-391, which provides shipment freight services, including postal services.

Pricelist - document which specifies the weight and sizes of shipments broken down to price categories of DHL Express services and specified the time-limits within which they may be completed.

Ordering Party – natural, legal person or organisational unit without legal personality who commissions to DHL Express the execution of the freight service or postal service. The Ordering Party may be the Consigner, Consignee or a third party.

Transport service – a service performed by DHL Express and consisting in collection, transport and delivery of shipments.

Postal service – a service consisting in collection, transport and delivery of shipments, which does not form a Transport service (correspondence).

Consumer - a natural person who concludes a Contract for transport service or Postal service with DHL Express for a purpose not related to the business activity.

Paragraph 3
1. The scope of DHL Express activity includes the collection, freight and delivery of shipments up to the value of PLN 100,000 throughout Poland.
2. Services which relate to shipments of value exceeding PLN 100,000 may be performed upon conclusion of a separate agreement with DHL Express.

Paragraph 4
The current Pricelist is available for any customer in all Receipt Points and with each Courier. DHL Express reserves the right to amend the Pricelist at any time.

Paragraph 5
The shipment may be accepted for transport as follows: at the Receipt Point - the Consigner delivers the shipment in person; at the Consigner - the shipment is collected by the Courier on the basis of an earlier request.

Paragraph 6
1. The Consigner is responsible for packing the shipment appropriately to its contents.
2. The sender shall package the shipment properly and submit it to the Courier in a condition allowing its proper dispatch and ensuring no damage to other shipments during transportation, as well as its delivery without damages. In particular, the packaging shall be: closed properly, preventing unauthorized persons from access to the shipment; be suitably resilient with respect to weight and content of the shipment; have internal protection preventing movement of the content; be provided with marks testifying to special character of the shipment, such as “ATTENTION NST” and “UP” (the marking may be done by the Courier or at the Acceptance Point).
3. DHL Express may refuse to accept for transport some objects which show a defective conditions or are insufficiently packaged or are without package. DHL Express shall not be held liable for losses resulting from lack, insufficiency or defectiveness of the package..
4. In case the consigner uses, for general cargo shipments, palettes owned by DHL Express, and the Consignee refuses to return them, the related costs shall be borne by the shipment Consigner.

Paragraph 7
1. The Consigner must place on the shipment package his address and the Consignee’s address, which must be compliant with the data entered in the Bill of Lading. If it is impossible, the shipment should have other marks that allow for its identification (e.g. company tapes).
2. The Consignee/consignor address must include the name, name of the street, house number and flat number, telephone number, postal address code, name of the locality.

Paragraph 8
1. DHL Express does not accept for transport shipments which contain: cash, securities, other payment documents; valuables (jewellery products, works of art, antiques, numismatic pieces, etc.); guns and ammunitions; fast spoiling goods, which require special transport conditions; chemically and biologically active goods; animals, animal and human remains; drugs and psychotropic substances; drugs which require special transport conditions; other goods which by their properties may cause a hazards fro the health of persons who handle them, or which may damage or destroy other shipments; other goods the transport of which is prohibited based on the applicable provisions of law. DHL Express does not accept for transport shipments, if this would violate the postal law regulations (in particular the violation of restricted area).
2. In case a shipment is dispatched, which pursuant to item 1 is not accepted for transport by DHL Express, the Consigner undertakes to remedy the damage occurred in this respect (in particular related to the environmental pollution) in its full amount.

Paragraph 9
1. The proof of concluding a freight contract, including for postal services and delivery of shipment is the Bill of Lading used by DHL Express.
2. The value of the shipment on the Bill of Lading is stated by the Consigner pursuant to the documents attached (e.g. invoices, bills, etc.). If the value of the shipment does not directly result from the documents attached, the Consignor must declare the value of the shipment.
3. The Courier accepting the shipment confirms by his personal signature on the Bill of lading that DHL Express accepted the shipment for freight and delivery.
4. The Consigner issues the Bill of Lading. The Consigner must sign the Bill of Lading, thus confirming the compliance of declared data relating to the shipment and the knowledge of these Regulations, an expresses his consent to the service price proposed by DHL Express.

Paragraph 10
1. According to the disposition of the Ordering Party; the services provides by DHL Express are paid for by the Consigner, Consignee of the Ordering Party, who may not be the Consigner or the Consignee.
2. In case when the Ordering Party is neither the Consigner nor the Consignee, the order must be obligatorily made in writing. The Ordering Party may be the payer for the service only when it signed with DHL Express a contract for services provision together with an authorisation to make payments by bank transfer.
3. In cases referred to in item 2 above, if the service of cash on delivery was additionally ordered, the amount of cash at delivery is transferred to the bank account of the Ordering Party indicated in the contract. The above cannot be amended by an instruction in the bill of lading.

Paragraph 11
1. The shipment contents may be checked by DHL Express at any time, from the moment of its acceptance for transport until its delivery to the Consignee, in order to verify the compliance of its actual contents with the data included in the Bill of Lading.
2. The check is made in the presence of the consigner, and if this is impossible, in the presence of persons invited by DHL Express to this action pursuant to the provisions of the act - Transport law and act - Postal law as well as execution regulations issued on their basis.
3. The irregularities referred to in item 1 are the basis for refusal to accept the shipment by DHL Express, as well as to change the freight contract terms and conditions.
4. DHL Express has the right to verify the payments calculated for the services provided. In particular, DHL Express has the right to verify the weight and sizes of the shipment. The discrepancy between these data with information provided by the Consigner is a basis for appropriate amendment of price of the service provided.

Paragraph 12
1. The DHL Express by principle delivers Consigner’s shipments to the address indicated in the Bill of Lading.
2. The Ordering Party, when ordering the performance of the service, may give the order included in the Bill of Lading, defining that the Consignee must collect the shipment at the DHL Express representative office - the so-called personal collection.
3. In case the Consignee is absent, the Courier leaves the advice of delivery with the indicated date of next attempt to deliver the shipment and with indication where and when the Consignee may collect the shipment in person, if the date indicated by the Courier does not suit the Consignee.
4. The period of storing a shipment for which an advice of delivery was given at the DHL Express representative office is 7 working days, counted from the second attempt to deliver the shipment.
5. After the expiry of the period specified in item 4 and lack of response from the Consignee, DHL Express returns the shipment to the Consigner.
6. The shipment is also returned if the Consignee refused to accept the shipment or the Consignee's address was incorrect.
7. If the Consignee is obligated to pay for the services provided by DHL Express, and the shipment was returned to the Consigner, the Consigner pays for the service executed.
8. DHL Express reserves the right to charge a fee for return of an undelivered shipment to the Consigner.

Paragraph 13
1. The delivery of the shipment shall be delivered by the Consignee by own legible signature on the Bill of Lading, thus confirming the correctness of the service performance. In case the Consignee is a legal person or an organisational unit without legal personality, the shipment delivery is confirmed by the person authorised to collect the shipment.
2. Any reservations as to the service provision or the condition of the shipment should be entered on the Bill of Lading by the Consignee at the moment of shipment acceptance.
3. The Consignee may not open the shipment before confirming the delivery of the shipment on the Bill of Lading and paying the resulting fees.

Paragraph 14
1. In case a damage or loss in the shipment is found, the Courier who delivered the shipment immediately prepares the loss report.
2. Also the Consignee may demand that the report is prepared, if he discovers that the shipment is broken. The report is created in the presence of the DHL Express representative. The report shall be signed by the Consignee and the DHL Express representative. The Consignee has the right to demand that the report is created within 7 days from the receipt date.
3. The postal service is considered as unduly performed, if from the fault of DHL Express, there was a delay in delivery of the shipment or a decrement or damage to the shipment. The postal service is deemed as not completed in case the postal matters are lost. A postal matter is deemed as lost, if it did not reach the destination indicated in the Bill of Lading within 30 days from the expiry of the shipment date.

Paragraph 15
1. The DHL Express liability towards the Consumers for loss, damage or decrements in the shipment, and delay in performance of the service is in conformity with the regulations of the transport law or the postal law.
2. DHL Express liability towards other clients for loss, decrement or damage to the shipment is limited to the amount of PLN 500.
3. DHL Express shall not be held liable for loss, decrement or damage of the shipment excluded from transport, listed in § 8.
4. DHL Express recommends and offers the shipment insurance, the cost of which is borne by the service payer, according to the current Pricelist.
5. Main provisions of the insurance agreement for the benefit of a third person concluded between DHL Express and the Insurer are available upon request.
6. The Consignor, by signing the Bill of Lading with a declared value of the shipment and appropriate insurance fee calculated, confirms that he acknowledges the insurance terms and conditions and accepts them as applicable in the transport of shipments.
7. If the Consigner did not declare the value of the shipment, it is assumed that the declared value is PLN 500, although DHL Express is held liable up to the actual, ordinary value of the shipment or loss resulting from the damage of the shipment, taking into consideration the fact that the DHL Express liability is limited as in item 1 and 2.
8. Subject to the provisions of the following sentence, if as a result of delay in delivery, a damage other than to the shipment occurred, DHL Express, upon examination of the complaint, undertakes to pay the compensation up to the equivalent of 50% of the freight charges, i.e. basic charge for transport, as results from the Pricelist valid for the date of shipment despatch or the contract concluded with DHL Express. In case of the services DHL Domestic Express 9:00 and DHL Domestic Express 12:00, in case of delay in shipment delivery, DHL Express upon examination of the complaint of the service payer, shall pay a compensation for a damage other than in shipment, amounting to 100% of the amount of the freight charges paid, i.e. the basic charge. Item 1 applies to Consumers.
9. For loss occurred as a result of non-performance of a time-related service of additional service, DHL Express, upon examination of the complaint, undertakes to pay the compensation up to the equivalent of 100% of additional payment for the said service.
10. DHL Express shall not be held liable for loss occurred due to non-performance or undue performance of the service, consisting in the loss of benefits, profits or revenues, both with regard to the Consigner, Consignee and any third parties. Item 1 applies to Consumers.
11. Subject to item 1, DHL Express shall not be held liable for packages as parts of objects of which the shipment consists, if the package is the only package of the shipment and the loss occurred as the normal consequence of unloading activities and other actions performed by the carrier and related to the service performance.
12. DHL Express shall not be held liable for entries in customer documents which are returned to consignee as part of the service “document return”.
13. In case the Consigner orders the cash on delivery (COD) service, the Consigner must insure the shipment as offered by DHL Express. In case the shipment is not insured, DHL Express shall not execute the cash on delivery (COD) service.
14. Subject to the provisions of item 1 above, the liability of DHL Express for other reasons than damage, loss or decrement in shipment or delay in delivery is limited to the actual value of loss or to the amount of the basic charge, or to the amount of PLN 500, depending on which of these sums is smaller.

Paragraph 16
1. The basis to initiate the complaint procedure is the submission of a written complaint by the authorised person, which must contain the amount of the claim against DHL Express and attached documents, including: original of the Bill of Lading, loss report signed by both parties to the transport contract and documents related with the amount and type of claim (original of the VAT invoice or copy certified for conformity with the original, calculation of production costs, other documents proving the loss suffered).
2. The time-limits and terms of compliant submission and specific mode of complaint examination are regulated by the Regulation of the Minister of Transport and Building of 24 February 2006 on definition of the condition of shipments and complaint procedure (Journal of Laws of 2006, No. 38, item 266).

Paragraph 17
1. The Consigner, Consignee or the Ordering Party who are not Consumers shall not be entitled to deduct the amounts of claims from past, current or future liabilities towards DHL Express.
2. The Consigner, Consignee or the Ordering Party who are not Consumers may not transfer the due liabilities towards DHL Express to a third party without the written consent of DHL Express.

Paragraph 18
1. The administrator of personal data of natural persons ordering the performance of services covered by these Regulations is DHL Express (Poland) Sp. z o.o. with its registered office in Warsaw, at ul. Osmańska 2, 02 – 823 Warszawa. The data are processed in order to conclude the contract and perform the services. These persons are entitled to access the contents of their data and correct them. The provision of these data is voluntary, but without the specified data it is impossible to conclude the contract and perform the service.
2. Provisions of the act of 15 November 1984 Transport law (uniform text Journal of Laws of 2000, NO. 50, item 601, as amended) shall apply in matters not regulated by the present Regulations, unless the act of 12 June 2003 Postal Law (Journal of Laws No. 130 item 1188 as amended) and the provisions of the Civil Code apply.
3. The present regulation becomes applicable as of May 1st, 2009.

DHL Express (Poland) Sp. z o. o.

Art. 1.
These General Forwarding Terms of DHL Express (Poland) Sp. z o.o. (OWS) shall lay down the rules for rendering national and foreign forwarding services by DHL Express (Poland) Sp. z o.o. (the Forwarder).

Art. 2.
The Client shall be every person who places orders with the Forwarder, even in the event that it acts through representatives, employees, subcontractors etc.

Art. 3.
The forwarding agreement shall be deemed entered into as of the date when the Forwarder receives a written order, except that the Forwarder notifies the Client of its refusal to accept the order without undue delay.

Art. 4.

1. A forwarding order should specify: the name and the accurate address of the sender and the addressee and the name and address of the Client provided that the Client is neither the sender nor the addressee, the scope of the service to be provided, type and content of the consignment, value of the consignment, symbols and numbers of particular pieces, their number, weight, dimensions and cubic capacity. Furthermore, the Client should attach to the order all documents necessary for the due fulfilment of the order.
2. The Client shall be responsible for the accuracy and completeness of the data included in the order form. The Client shall be held liable for any damage that may result from inclusion of inaccurate, incomplete data or documents, as well as for improper packaging of the consignment, even in the event that the fault does not lie with the Client.
3. The Client shall be responsible for proper packaging and protection of consignments in the manner that they are protected from damage during transportation.

Art. 5.
The Forwarder shall have the right to verify the accuracy of the data included in the forwarding order.

Art. 6.
The Forwarder undertakes to carry out the commissioned tasks with due diligence, to the Client’s benefit.

Art. 7.
The Forwarder shall reserve the right to entrust individual tasks to third parties, who professionally deal with such activities and who have been selected by the Forwarder with due diligence.

Art. 8.

1. The Forwarder shall receive remuneration from the Client pursuant to the agreement entered into.
2. The Forwarder shall receive relevant remuneration for performing services that are not covered by the agreement. Furthermore, the costs borne by the Forwarder shall be reimbursed to it.

Art. 9.

1. The Forwarder shall offer services related to transportation, such as: examination of the condition of the consignment, drawing up bills of lading, entering into the transportation agreement, delivering the consignment to the carrier, completion of customs formalities, insurance of the goods. The detailed scope of the service shall be specified by the Client in the written order.
2. In the event when sufficient or executable instructions are not available from the Client, the Forwarder may perform the agreement – protecting the Client’s benefit – at its own discretion; in particular, the Forwarder may specify the manner, way or means of transportation etc. at its own discretion, of which it should notify the Client in advance if possible.

Art. 10.
In the event that any defect or damage has been discovered in the consignment, the Forwarder shall secure the goods and notify the Client of this fact.

Art. 11.

1. The Forwarder may refuse to provide a service concerning goods that may pose a risk for other articles or persons, as well as fast deteriorating goods or goods that easily lose their properties.
2. The Forwarder shall not collect consignments that: a) contain written correspondence, mailings except non-addressed mailings and surveys, cash, securities and other documents used for making payments; valuables (jewellery, art objects, antiques, numismatics etc.) firearms and cartridges; fast deteriorating goods or other articles requiring special transportation conditions; chemical or biologically active substances, animals, human remains and animal carcasses, drugs and psychotropic substances; medicines requiring special transportation conditions; articles whose properties may jeopardize health of persons coming in contact with them, other consignments whose transportation is prohibited pursuant to the applicable provisions of law, b) improperly packaged goods, c) goods that may damage or destroy other consignments.
3. The Forwarder may refuse to perform a service in the event when the Client is in arrears with payment of any liabilities concerning the previously performed services.

Art. 12.
The Forwarder shall have the right to sell, tender harmless or destroy goods whose properties may cause a risk of damage to a person, property or natural environment and in the event that the Client has not taken, irrespective of receiving the proper notification, actions that shall prevent the damage. Furthermore, the Forwarder shall have the right to sell, tender harmless or destroy the abovementioned goods in the event that they directly jeopardise other goods, persons and natural environment and also in the event when it is required by the Client’s benefit.

Art. 13.

1. The Forwarder shall be held liable for any loss, defect or damage to the consignment from its collection to the delivery to the carrier, a further forwarder, the Client or a person specified by it.
2. In particular, the Forwarder shall not be held liable for losses that resulted from: a) improper packaging or marking of the goods by the Client or a third party, b) warehousing in the open air, which has been agreed previously or is carried out according to the good practice, c) theft or a burglary, d) force majeure (regulations of the relevant authorities, weather conditions, war action, riots etc.), e) natural properties of the goods, f) activities of third parties that could not have been prevented by the Forwarder.
3. The Forwarder shall be held responsible for any loss, defect or damage that arose by fault of it to the consignment within a normal value of the consignment, however not exceeding: a) material damage (loss, defect or damage) – EUR 4 for each kg of the gross weight of the goods lost, defected or damaged, b) material damage (loss, defect or damage) caused during the transportation carried out by various means of transportation, excluding sea transport – EUR 2 for each gross kg of the goods lost, defected or damaged.
4. In the event of damage concerning a part of things the damages shall be established according to the weight of a given part or according to the proportional remuneration for forwarding.
5. The upper limit of the Forwarder’s responsibility for the loss, defect or damage to the consignment shall amount to EUR 50 000.
6. The Forwarder's responsibility for losses by fault of it other that loss, defect or damage shall be reduced to the double value of the Forwarder’s remuneration.
7. The Forwarder shall not be held responsible for any losses, caused due to the non-performance or undue performance of the service, which involves loss of profits, income or sales of the Forwarder as well as third parties.
8. The abovementioned limitations of the liability shall not refer to the cases when the damage was caused through voluntary fault or grave negligence of the Forwarder.

Art. 14.
In the event that any damage, loss or other defects that are visible from the outside, any complaints shall be submitted to the Forwarder in writing upon reception of the goods. Defects that are not visible from the outside should be notified in writing to the Forwarder within 7 calendar days from the reception of the goods. In the event that the complaints concerning the condition of goods shall be notified at a later date, it shall be deemed that the goods have been delivered in untouched condition.

Art. 15.
The Forwarder shall hold the lien upon the consignment pursuant to the provisions of the Civil Code i.e. claims for transport charges, claims for refund of costs and other liabilities that arise from the forwarding orders, also in the event that they result from previous forwarding orders. The Forwarder shall exercise the lien as long as the consignment is available in the Forwarder's office or in the office of the person that holds this consignment on the Forwarder’s behalf or as long as the Forwarder may administer the consignment by means of documents.

Art. 16.
In the event that goods that are subject to the Forwarder’s lien shall be lost or damaged, the Client shall abandon its claim for damages towards the insurer to the benefit of the Forwarder.

Art. 17.

1. Any complaints related to the non-performance or undue performance of the Forwarder's duties laid down in these General Terms of Forwarding shall be examined by the Complaints Department of DHL Express (Poland) Sp. z o.o.
2. The basis for resuming a complaint procedure is submitting by the Client a written complaint containing the amount of the complaint, as well as sending the following documents: original of the forwarding order, certified copy of the damage certificate drawn up in respect of the damage, as well as a certified copy of financial and accounting documents confirming the amount of the claim for damages (such as VAT invoices, calculation of manufacturing costs).
3. The Forwarder shall reserve a right to demand other documents that may be necessary to close the complaint procedure.

Art. 18.
Any claims towards the Forwarder shall expire after one year. The deadline for this expiration shall begin: a) In the event of partial loss or damage from the date of delivery of the goods to the Addressee, b) in the event of loss of the consignment or its delayed delivery from the day when the consignment should have been delivered, c) in all other cases – from the day of the order's fulfilment.

Art. 19.
The Client shall have no right to deduce amounts of liabilities that arise from the forwarding agreement from past, current or future liabilities towards the Forwarder. The Client shall not transfer the receivables due to it to a third party without a written consent of the Forwarder.

Art. 20.
The Parties shall seek to resolve any dispute or controversy in connection with this agreement on an amicable basis. In the event that the Parties are not able to reach resolution by amicable means, the matters shall be referred to the court that is materially and territorially competent for the parties.

Art. 21.
In matters not regulated by these General Forwarding Terms (OWS) the provisions of the international agreements and the civil code shall apply.