Prohibited Goods
Shipwise does not accept the following: certain classes of dangerous goods, weapons and ammunition, wastes, living botanicals, livestock, animals, derivatives of endangered species (e.g.: skin, fur, teeth, shell, feathers or blood and parts of some plants, e.g. seeds), bulk material, removal goods, money and/or valuables, cheques, ready to use credit-cards, coins, fiscal stamps, valid telephone cards, any means of payment, securities (guarantees), precious metals, precious stones, jewelry, art, antiques or tobacco products.
Applicable Law
The services are governed by the laws of the country where the billing Shipwise entity has its domicile and the courts of such country shall have exclusive jurisdiction to settle claims. Any local freight forwarding conditions of that country shall also apply. For the international transportation of goods by road, the provisions of CMR (Convention on the Contract for the International Carriage of Goods by Road) shall apply, except for articles 24 and 26. Particular attention is drawn to the paragraphs below on Cash on Delivery and Delivery Against Documents, for which Shipwise’s liability follows exactly articles 11 and 21 of the CMR also for national transports. For intermodal transport using rail, the General Terms and Conditions of Carriage for International Freight Traffic by Rail (GTC-CIM) apply, Appendix B to the Convention concerning International Carriage by Rail (COTIF 1999). For transport contracts for dangerous goods, the applicable rules and conditions of all involved countries apply.
Claims & Claim Deadlines
Apparent damage, loss or shortage must be notified upon delivery. Any non-apparent damage, loss or shortage must be notified latest within 7 days after the delivery date, Sundays and public holidays excluded.
Collection & Delivery
Shipments may not be sent from private households to private households (C2C). No access restriction to pick-up or delivery point is permitted. Special equipment, booking in and time-window deliveries are not included in the basic freight rates.
Packaging
All goods must be adequately packed for transport, and able to be dispatched if it is groupage cargo. Liability for damage resulting from inadequate packaging rests with the Customer. If goods are not stackable due to improper packaging or otherwise, the paying weight will be calculated on the basis of the number of loading meters occupied in the truck.
Termination of Agreement
If an agreement is reached both parties shall be entitled to terminate this agreement at any time with 5 days written notice.
Temperature Sensitive & Perishable Goods
Such shipments can be accepted only by prior arrangement and at a surcharge.
Pandemics or Unforeseen Situations
In view of the aforesaid situation, Shipwise reserves the right to modify all or part of its services, to change its working procedures and the agreed rates, to charge surcharges or otherwise to take measures to adjust its business operations and obligations towards customers to the then prevailing circumstances arising as a a consequence of the spread of the Coronavirus (COVID -19). Shipwise shall be relieved of any liability under any agreement for services if, and to the extent that, such liability is caused by the consequences of the spread of the Coronavirus (COVID-19). If Shipwise is prevented from performing its obligations (as modified, changed or adjusted in accordance with the above) in such circumstances for more than 30 consecutive days, either party has the right to terminate the agreement forthwith by giving written notice to the other.
Cargo Insurance
To secure the value of your shipments during transport, we offer you the possibility to insure your goods. This Cargo Insurance will cover for the lesser of the actual repair or replacement costs, up to the insured value, in the event of any physical loss or damage to the shipment. Actual and verifiable Receipts/Invoices and shipment copies shall be provided to evaluate the value of contents, thereof, if requested by Shipwise. Customer will inform Shipwise of any special routing or other conditions for Controlled Goods that apply prior to shipment. Customer has a duty to disclose any and all information
required to handle Customer’s shipments in compliance with applicable Trade Laws. Customer will timely provide all information and documents in the format specified by Shipwise to enable Shipwise to provide services. Any and all information provided by Customer to Shipwise shall be true, complete and accurate, and Customer is responsible for the authenticity of any documents provided to Shipwise. If Customer identifies errors or inaccuracies, customer shall promptly notify Shipwise of the error/inaccuracy.
Data Protection
Shipwise is entitled to process data transmitted by the Customer insofar as this is required for the fulfilment of the contract or to ensure compliance with its own legal obligations. Furthermore, Shipwise points out that it may be legally obliged to notify personal data or shipment data to courts and authorities. Customer permits Shipwise to use its email address in order to provide it with information on new offers. The Customer may at any time withdraw such permission free of charge by email to the following address freightservices@dhl.com. The Customer ensures that it has complied with its legal obligations in relation to personal data provided to Shipwise including consignee data as may be required for transport, delivery and logistics services, such as e.g. name, address, email and phone number. In case of unauthorized disclosure of personal data by the Customer to Shipwise, the Customer indemnifies Shipwise upon first written demand from all claims asserted by third parties, in particular by recipients, as far as Shipwise processes the data in accordance with the contract. Shipwise will maintain data protection in accordance with applicable laws.
Compliance
Customer will comply fully with all applicable export control, sanctions, customs laws and regulations and other applicable regulatory requirements and restrictions related to the import, export, transfer or transit of goods (“Trade Laws”). Customer will not request Shipwise to provide services that would cause, directly or indirectly, a violation of any applicable Trade Laws. If Shipwise has reason to believe that providing such services will cause a violation of applicable Trade Laws, Shipwise has the right to refuse services.
Customer is responsible to export classify the goods contained in Customer’s shipments and for determining whether the delivery of the shipment to its final destination, any known end-user and end-use complies with all applicable Trade Laws.
Validity of Tarrifs
Once an agreement is reached, the validity of the tariffs will be extended to the expiry date stated on the tariff sheet of the proposal. Shipwise, however, retains the right of increasing the tariffs at any time by ten days advanced notice.