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TNT Express
Cijevna bb, Podgorica +382 (0)20 606 450
+382 (0)67 220 088

Terms & conditions


1. DEFINITIONS

The following definitions apply to the terms and conditions set out below that govern the contract of carriage and other services between you and us.
"we", "us","our" and TNT means TNT Express Worldwide N.V. and its group companies ("TNT") and TNT's employees, agents and independent contractors;
"you" and "your" means the sender or consignor;
"carriage" means and includes the whole of the operations and services undertaken by us in connection with the transportation of the shipment;
"prohibited items" means any goods or materials the carriage of which is prohibited by any law, rule or regulation of any country in or over which the shipment travels;

2. THE PARTY WITH WHOM YOU ARE CONTRACTING

Your contract of carriage and of other services is with the TNT company or the subsidiary or affiliate of TNT that accepts from you the shipment for carriage or, as the case may be, the performance of other services. You agree that we may subcontract the whole or any part of the contract of carriage or of other services on any terms and conditions we decide.

3. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS

By giving us your shipment you accept our terms and conditions set out in the consignment note and/or the contract of carriage and/or the contract for the performance of other services on behalf of yourself and/or anyone else who has an interest in the shipment or the performance of other services irrespective of whether you have signed the front of our consignment note or not. Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport, deliver your shipment or perform other services as well as our employees, directors and agents. Only our authorised officers may agree to a variation of these terms and conditions in writing. When you give us the shipment with oral or written instructions that conflict with our terms and conditions we shall not be bound by such instructions.

4. SCOPE OF THE CONTRACT

a) Even if the carriage of the shipment forms part of another type of contract between you and us, these terms and conditions apply to the contract agreed between you and us in respect of any carriage of goods pursuant to the contract.
b) By concluding any type of contract with us that involves the carriage of goods you agree that:
- the contract is a contract of carriage of goods by road if the carriage of the shipment actually takes place by road;
- the contract is a contract of carriage of goods by air if the carriage of the shipment actually takes place by air;

5. DANGEROUS GOODS & SECURITY

5.1. Except in the circumstances shown in Clauses 5.2 & 5.3, we do not carry, nor perform other services regarding, goods which are, or are in our sole opinion, dangerous goods including, but not limited to, those specified in the International Civil Aviation Organisation (ICAO) Technical Instructions, the International Air Transport Association (IATA) Dangerous Goods Regulations, the International Maritime Dangerous Goods (IMDG) code, the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) regulations or any other national or international rules applicable to the transport of, or the performance of other services regarding, dangerous goods.
5.2. We may at our discretion accept some dangerous goods for carriage, or for the performance of other services, in some countries if you have been accorded the status of an approved customer and this must be given by us in writing before your shipment can be accepted. Your dangerous goods will only be accepted if they comply with the applicable regulations (as referred to in Clause 5.1) and our requirements. Details of our requirements together with the procedure for applying for approved customer status are available from our nearest office and a dangerous goods surcharge will be invoiced to you upon acceptance of your shipment.
5.3. Certain dangerous goods are exempt from the above approved customer requirements. Details can be obtained from our nearest TNT office.

6. RIGHT OF INSPECTION

You agree that we or any governmental authority including customs and security may open and inspect your shipment at any time.

7. CALCULATION OF TRANSIT TIMES AND ROUTING OF SHIPMENTS

You warrant, represent and guarantee to us that:
Weekend days, public holidays,bank holidays, delays caused by customs, delays attributable to compliance with mandatory local security requirements or other events beyond our control are not included when we quote door to door delivery times in our published literature. The route and the method by which we transport your shipment shall be at our sole discretion.

8. CUSTOMS CLEARANCE

8.1. You appoint us as your agent solely for the purpose of clearing and entering the shipment through customs. If we subcontract this work, you certify that we are the consignee for the purpose of designating a customs broker to perform customs clearances and entries. If any customs authority requires additional documentation for the purpose of confirming the import/export declaration or our customs clearance status it is your responsibility to provide the required documentation at your expense.
8.2. You certify that all statements and information you provide relating to the exportation and importation of the shipment will be true and correct. You acknowledge that in the event that you make untrue or fraudulent statements about the shipment or any of its contents you risk a civil claim and/or criminal prosecution the penalties for which include forfeiture and sale of your shipment. To the extent that we may voluntarily assist you in completing the required customs and other formalities such assistance will be rendered at your sole risk. You agree to indemnify us and hold us harmless from any claims that may be brought against us arising from the information you provide to us and any costs we will incur regarding this, and pay any administration fee we may charge you for providing the services described in this condition.
8.3. Any customs duties, taxes (including but not limited to VAT if applicable), penalties, storage charges or other expenses we incur as a result of the actions of customs or other governmental authorities or your failure and/or the receiver's failure to provide proper documentation and/or to obtain the required licence or permit will be charged to you or the receiver of the shipment. In the event that we decide to charge the receiver and the receiver refuses to pay the incurred charges you agree to pay them to us together with our fee for the administration involved as well as any extra costs we will incur. Upon our first request you will provide a proper guarantee for any of the duties, taxes, penalties, storage charges or any other expenses set out in this condition.
8.4. We will endeavour to expedite all customs clearance formalities for your shipment but are not liable for any delays, losses or damage caused by interference from customs officers or other governmental authorities.

9. INCORRECT ADDRESS AND P.O. BOX NUMBERS

If we are unable to deliver a shipment because of an incorrect address we will make all reasonable efforts to find the correct address. We will notify you of the correction and deliver or attempt to deliver the shipment to the correct address although additional charges may apply.. Deliveries to post office box numbers are not accepted, except in a limited number of countries (the list of which is available from the subsidiary or affiliate or branch of TNT that accepts your shipment for carriage) and further provided that the telephone number of the consignee is provided. In the event we are unable to deliver the shipment at the first attempt then you agree that we may post the shipment to the consignee and proof of posting is sufficient proof of delivery.

10. DELIVERY OF YOUR SHIPMENT

Where we are unable to complete the delivery of a shipment for whatever reason we will try to leave a notice at the receiver's address stating that delivery has been attempted and the whereabouts of the shipment. If delivery has not been made after a second attempt by us, or the receiver refuses to accept delivery, we will try to contact you and agree the appropriate next action. You agree to pay us any costs we incur in forwarding, disposing of or returning the shipment and our charges (if any) for making a third or more delivery attempt and for the agreed appropriate next action. If we do not receive your or receiver's instructions within a reasonable period after our second attempt to deliver the shipment, then you agree that we may destroy or sell the content of the shipment without any further liability to you.


11. YOUR OBLIGATIONS

You warrant, represent and guarantee to us that:
a) the contents of the shipment (including but not limited to weight and number of items) have been properly described on our consignment note
b) the contents of the shipment have been correctly labelled and the label or labels have been securely fixed by you in a prominent position on the outer surface of the shipment that can be clearly seen by us;
c) the consignee's contact details have been fully, accurately and legibly entered on our consignment note
d) the consignee's address label securely fixed by you to a prominent position on the outer surface of the shipment that can be clearly seen by us;
e) the contents of the shipment have been prepared and packed safely and carefully by you to protect against the ordinary risks of transport, or the performance by us of other services, including any associated sortation and/or handling process;
f) you have declared the correct weight of the shipment and you will provide any special equipment we may need to load or unload the shipment on or off our vehicles;
g) you have securely fixed a heavy weight label in a prominent position on the outer surface of the shipment that can clearly be seen by us for any item weighing 30 kilos or more;
h) the contents of the shipment are not restricted by IATA, or ICAO
i) in the case of transport within the European Union, where the recipient pays our expenses, yours and tax identification number of the sender be exactly specified in writing;
j) if the request to change the recipient or a third party, and recipient or a third party refuses to pay the cost, you will immediately settle our account with administrative fee in full within 7 days of billing;
k) you are familiar with all laws and regulations relating to the transport of goods;
l) you will forward the correct invoice for shipments that will be transported for you over the border, stating the correct billing address with PIB, correct and legible description of the goods, tariff number and the exact weight of the item;
You agree to indemnify us and hold us harmless from any liabilities we may suffer or any costs, damages or expenses, including legal costs, we incur either to you or to anyone else arising out of you being in breach of any of these warranties, representations and guarantees, even if we inadvertently accept a shipment that contravenes any of your obligations.

12. EXTENT OF OUR LIABILITY

Subject to Clause 14 below, we limit our liability for any loss, damage or delay of your shipment or any part of it arising from carriage as follows:
a) Air freight
If the carriage of your shipment is solely or partly by air and involves an ultimate destination or a stop in a country other than the country of departure the Warsaw Convention (1929), or the Warsaw Convention as amended by the Hague Protocol (1955) and/or Montreal Protocol No. 4 (1975), or the Montreal Convention (1999), whichever is compulsorily applicable, will apply. These international treaties govern and limit our liability for loss, damage or delay to your shipment to 17 special drawing rights per kilo (approximately 20 euros, although the tariff ranges).
b) Road freight
If we carry your shipment by road within, to or from a country that is a party to the convention on the contract for the international carriage of goods by road 1956 (CMR) our liability for loss or damage to your shipment shall be governed by the CMR and thus limited to 8.33 special drawing rights per kilo. In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that shipment or the part which was delayed.
c) If we have a liability to you for whatever reason for transportation services performed by us, including without limitation breach of contract, negligence, wilful act or default:
- and none of Clauses above apply
- such responsibility is not regulated by any of the above-mentioned conventions pursuant to 13 a) or b), or by any law or convention which must be accepted;
- in connection with any services that do not include transport by road or air, our liability to you is limited to actual costs, which you have for acquireing or improving shipment or portion thereof that has been lost or damaged;
In each case an upper limit that does not exceed 17 Euros per kilo limited to a maximum of 10,000 Euros per shipment. In cases of delay where you can show you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that shipment or the part which was delayed.

13. EXCLUSIONS OF LIABILITY

13.1 We will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity even if we had knowledge that such damages or loss might arise or for any indirect, incidental, special or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, wilful act or default.
13.2 We are not liable if we do not fulfil any obligations towards you at all as a result of:
circumstances beyond our control such as (but not limited to):
- acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
- force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions;
- national or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
- latent defects or inherent vice in the contents of the shipment;
- criminal acts of third parties such as theft and arson;
b) Your acts or omissions or those of third parties such as:
- you being in breach of (or any other party claiming an interest in the shipment causing you to breach) your obligations under these terms and conditions and in particular those warranties set out in Clause 13;
c) The contents of the shipment consisting of any article that is a prohibited item even though we may have accepted the shipment by mistake.
13.3 We are not a common carrier and do not accept any liabilities of a common carrier. Under normal cricumstances, we do not accept shipments sent to and from residential addresses.

14. VALUABLE GOODS

Valuable goods such as precious stones, precious metals, jewellery, money, negotiable instruments, unprotected furniture, glass or china, objects of art, antiques and important documents that include passports, tenders, share and option certificates should not be sent through our network delivery system because it involves the use of mechanical handling and automated sortation equipment together with multiple transhipments on and off vehicles which could result in loss and/or damage. If you nevertheless send, or cause us to send, such goods through our network delivery system it shall be at your own risk.

15. INCREASED LIMITS OF LIABILITY FOR INTERNATIONAL SHIPMENTS

15.1 As greater protection from loss or damage of international shipments (non-dox) you can pay in an option known as "enlarged the boundaries of responsibility" ("ITLL") at the conclusion of certain contracts with us.
15.2 When you purchase ITLL, we will increase our limit of liability for loss or damage to your shipment 45 euros per kilo, for shipments of 10 pounds and more, as well as loss or damage to your shipments under 10 pounds at 450 euros per shipment, provided that the maximum obligation that we accept and 25,000 euros.
15.3 ITLL shall not apply when:
a) our responsibility is limited to the above-mentioned clauses;
b) there is no specific contract between you and TNT;
c) you did not purchase "enlarged limit of liability."
15.4 For the avoidance of doubt, ITLL will not cover losses due to the nature (see condition 15.1), delays in carriage or for the loss suffered as a result of your breach of the obligations under these conditions.
15.5 ITLL is not available for precious stones, precious metals, laptop computers, plasma screens, jewelery, money, glass, porcelain, objects of art, antiques, documents or any films, tapes, disks, memory cards or any other information that goods are carrying. If you send such goods we recommend that you purchase insurance.

16. INSURANCE

16.1 You may purchase insurance from us for the full value of your parcel and freight shipment (non document shipment) by completing the relevant box on the consignment note and paying the indicated charge to cover you against "all risks" of loss and damage during carriage up to a maximum of 25,000 Euros per shipment. Where the value of the shipment is in excess of 25,000 Euros our prior agreement is required before you can purchase such insurance from us. This insurance is not available for precious stones, precious metals, laptop computers, plasma and LCD screens, jewellery, money, glass, china, objects of art, antiques, documents (other than the reconstitution cost as provided for in Clause 17.2 below) or any films, tapes, discs, memory cards or any such other data or image carrying goods. If you do send such goods we recommend that you arrange insurance yourself.
16.2 You may purchase insurance from us for the reconstruction, reproducing, reissuing or re-printing cost (including the costs of the materials (e.g. paper) plus reasonable labor costs) of your document shipment by completing the relevant box on the consignment note and paying the indicated charge to cover you against "all risks" of loss and damage during carriage up to a maximum of 500 Euros per shipment. This insurance is only available for documents which are listed on the website of the subsidiary or affiliate or branch of TNT that accepts your shipment for carriage.
16.3 The insurance options provided by this Clause 16.1 do not cover losses of a consequential nature (see paragraph 13.1 above) or delays in carriage or where the loss has arisen as a result of your breach of your obligations under these terms and conditions, (ii) are not available for non-carriage services and (iii) are not available for a limited number of countries. For a list of these countries, and/or to obtain further details on the insurance conditions and coverage, please contact our customer service center or visit the website of the subsidiary or affiliate or branch of TNT that accepts your shipment for carriage.

17. CLAIMS BROUGHT BY THIRD PARTIES

You undertake to us that you shall not permit any other person who has an interest in the shipment to bring a claim or action against us even though we may have been negligent or in default and if a claim or action is made you will indemnify us against the consequences of the claim or action and the costs and expenses we incur in defending it.

18. CLAIMS PROCEDURE

If you wish to claim for a lost, damaged or delayed shipment, or for any other damages, you must comply with any applicable convention and with the following procedure otherwise we reserve the right to reject your claim:
a) you must notify us in writing about the loss, damage or delay within 21 days (i) after delivery of the shipment, (ii) from the date the shipment should have been delivered or (iii) from the date you reasonably should have become aware of the loss, damage or delay in the event the claim relates to other services. You must document your claim by sending us all relevant information about the shipment and/or the loss, damage or delay suffered within 21 days of notifying us of your claim. We are not obliged to act on any claim until our charges have been paid nor are you entitled to deduct the amount of your claim from our charges;
b) we will assume the shipment was delivered in good condition unless the receiver has noted any damage on our delivery record when he or she accepted the shipment. In order for us to consider a claim for damage, the contents of your shipment and the original packaging must be made available to us for inspection;
c) save as otherwise provided by any applicable convention and or law, your right to claim damages against us shall be extinguished unless an action is brought in a court of law within 1 year from the date of delivery of the shipment or from the date on which the shipment should have been delivered or from the date on which the carriage ended or if the claim relates to other services within 1 year from the date you ought reasonably to have become aware of the loss, damage or delay;

19. RATES AND PAYMENT

19.1 You agree to pay our charges (including applicable surcharges) for the carriage of the shipment between the locations specified on the consignment note/contract of carriage, or for the performance by us of other services, and any value added taxes within 7 days from the date of our invoice without withholding, deduction, counterclaim or set off. You waive all your rights to challenge our invoices if you do not contest our invoice in writing within 7 days from the date of the invoice. Our charges are calculated in accordance with the rates applicable to your shipment as set out in our current rate card or in the relevant contract. Our current rate card is available on request from any of our offices in the country from which the shipment is invoiced. We charge for either the actual weight of the shipment or the volumetric weight of the shipment whichever is the higher and the volumetric weight is calculated in accordance with the volumetric conversion equation set out in our rate card. We may check the weight and/or volume of and/or the number of items within your shipment and if we find that there is a discrepancy between your declared weight and/or volume and/or number of items you agree that the weight and/or volume and/or the number of items that we determine may be used for the purpose of our calculation. As a matter of course all import duties, value added taxes on goods and all other charges levied on the shipment in the destination country shall be payable to us by the receiver upon delivery of the shipment and if the receiver refuses to pay you agree to pay us these amounts in full within 7 days of us notifying you that the receiver has not paid. You agree that we may charge interest on all invoices not paid within 7 days from the invoice date at the rate of 6% above the European Central Bank base rate until full and final payment of the relevant invoice. You agree to pay our reasonable and proper cost of collection of invoices not paid within seven days from the invoice date.
19.2 Upon request, our current pricelist is available to you at any of our offices in the country in which the invoice is done. Costing is done according to the data on the weight of the shipment, whether actual or greater volumetric weight. The bulk density is calculated in accordance with the density conversion formula mentioned in price list.
19.3 The door to door delivery rates shown on our current rate card include provision for simple customs clearance formalities and we reserve the right to charge an extra administration fee where time-consuming excessive customs clearance work is needed to enable us to deliver your shipment to the receiver. Additional charges may therefore be applied in some countries for complex customs clearance activities and these include but are not limited to shipments that require:
(i) formal customs entries involving more than three different commodities;
(ii) customs bonds or the need to deliver goods under a customs bond;
(iii) temporary import facilities;
(iv) clearances involving a government department other than the customs authority.
We may in some countries make advance payments of import duty, taxes, penalties or have to post bond on behalf of the importer and where this additional service is provided a local administration fee will be charged to the receiver and you will be liable for this charge if the receiver does not pay us.
19.4 You may give us special invoicing instructions or agree with the receiver of the shipment or another third party that he or she will pay our charges and/or any duties, taxes, penalties, bonds, assessments, expenses, surcharges and fines levied or incurred by us in connection with the shipment. If the receiver or other third party refuses to pay our charges for the carriage or reimburse us for any of the above costs you agree to pay these amounts within 7 days of us notifying you of the refusal to pay.
19.5 Our invoice does not include a copy of the Proof of Delivery (POD), which you agree may be validly obtained or provided in a digital or electronic format, or any other additional documents.
19.6 Our invoices must be paid in the currency stated in the invoice.
19.7 With regard to the types of services with guaranteed delivery times that we can offer and you ordered, if we fail to deliver your shipment within the time specified, and if our failure was not caused by the conditions set out in Article 15.2 and you notify us of your appeal in accordance with Article 19 we will charge the service that we have done (ie. before noon) instead of services you ordered, and not for the price of the product of service you are looking for (eg. before 9 pm).
19.7 We have a general lien on all your shipments in our possession at any one time that gives us the right to sell the contents and retain the proceeds of sale in settlement of any amounts that you may owe us.

20. YOUR INDEMNITY IN RESPECT OF EMPLOYEES

You agree to indemnify us against and keep us harmless from all costs, claims, liabilities and demands of any nature arising directly or indirectly from the redundancy selective re-employment or transfer of any of our employees assigned or solely dedicated to the services we provide to you; or employee or former employee of yours; or any supplier or former supplier to you; or any third party which may in any way arise from the commercial relationship between us and you including but not limited to any liability arising under the European Community Acquired Rights Directive (77/187/EEC, as amended by Directive 2001/23/EC) or national implementing legislation thereof or under any other applicable employment legislation.


21. LAW AND JURISDICTION

21.1 In the event that any term or condition is declared invalid or unenforceable such a determination shall not affect the other provisions of this contract all of which remain in force.
21.2 Save as provided by any applicable convention, disputes arising from or related to this contract shall be subject to the laws and the courts of the country in which the subsidiary or affiliate or branch of TNT that accepts your shipment for carriage or performs other services is based.