DOMESTIC EXPRESS SERVICE – HONG KONG

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 road or other carrier. A “waybill” shall include any label produced by DHL automated systems, 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. “DHL” means any member of the DHL Express Network.

1. Unacceptable Shipments
Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if:

• It is classified as hazardous material, dangerous goods, prohibited or restricted articles by any applicable government department or other relevant organisation.
• DHL decides it cannot transport an item safely or legally (such items include but are not limited to: animals, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs).

2. Deliveries & Undeliverables
Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver’s address given by Shipper but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. If Receiver refuses delivery, or the Shipment is deemed to be unacceptable, or Receiver cannot be reasonably identified or located, DHL shall as soon as practicable return the Shipment to Shipper without further charge unless otherwise specified by DHL in advance, failing which the Shipment may be released, disposed or sold by DHL without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to Shipper.

3. Inspection
DHL has the right to open and inspect a Shipment without prior notice to Shipper.

4. Shipment Charges & Billing
DHL’s Shipment charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by DHL to confirm this calculation. Shipper shall pay or reimburse DHL for all Shipment charges, and storage charge for services provided by DHL or incurred by DHL on Shipper’s or Receiver’s or any third party’s behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport as described in Section 1.

5. DHL’s Liability
DHL contracts with Shipper on the basis that DHL’s liability is strictly limited to direct loss only and to the per kilo limits in this Section 5. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to DHL’s attention before or after acceptance of the Shipment since special risks can be insured by Shipper. DHL’s liability in respect of any one Shipment transported, without prejudice to Section 6-8, is limited to its actual cash value and shall not exceed the greater of HK$800 or HK$10.00/kilogram for Shipments transported by road. Claims are limited to one claim per Shipment settlement of which will be full and final settlement for all loss or damage in connection therewith. If Shipper regards these limits as insufficient it must make its own insurance arrangements, failing which Shipper assumes all risks of loss or damage.

6. Time Limits for Claims
All claims must be submitted in writing to DHL within thirty (30) days from the date that DHL accepted the Shipment, failing which DHL shall have no liability whatsoever.

7. Delayed Shipments
DHL will make every reasonable effort to deliver the Shipment according to DHL’s regular delivery schedules, but these are not guaranteed and do not form part of the contract. DHL is not liable for any damages or loss caused by delays.

8. Circumstances beyond DHL’s Control
DHL is not liable for any loss or damage arising out of circumstances beyond DHL’s control. These include but are not limited to:- “Act of God” - e.g. earthquake, cyclone, storm, flood, fog; “Force Majeure” - e.g. war, plane crash or embargo; any defect or characteristic related to the nature of the Shipment, even if known to DHL; riot or civil commotion; any act or omission by a person not employed or contracted by DHL e.g. Shipper, Receiver, third party, customs or other government official; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.

9. Shipper’s Warranties and Indemnity
Shipper shall indemify and hold DHL harmless for any loss or damage arising out of Shipper’s failure to comply with any applicable laws or regulations and for Shipper’s breach of the following warranties and representations:

• all information provided by Shipper or its representatives is complete and accurate;
• the Shipment was prepared in secure premises by Shipper’s employees;
• Shipper employed reliable staff to prepare the Shipment;
• Shipper protected the Shipment against unauthorised interference during preparation, storage and transportation to DHL;
• the Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling;
• all applicable laws and regulations have been complied with; and
• the waybill has been signed by Shipper’s and/or Receiver’s authorised representative and/or DHL has accepted Shipment order from Shipper and/or Receiver and the Terms and Conditions are deemed to constitute binding and enforceable obligations of Shipper.

10. Routing
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.

11. Government Law
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of DHL, to the non-exclusive jurisdiction of the courts of, and governed by the laws of the Hong Kong SAR, and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.

12. Severability
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.