When ordering eGlobalusa’s services you, as “Shipper”, are agreeing, on your behalf and on behalf of the receiver of the Shipment (“Receiver”) and anyone else with an interest in the Shipment that these Terms and Conditions shall apply. “Shipment” means all documents or parcels that travel under one waybill and which may be carried by any means eGlobalUSA chooses, including air, road, or any other carrier. A “waybill” shall include any Shipment identifier or document produced by eGlobalUSA or Shipper automated systems such as a label, barcode, waybill, or consignment note as well as any electronic version thereof. 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. (Please see below for further information). “eGlobalusa” means any member of the eGlobalusa team or network.
eGlobalusa may perform any of the following activities on Shipper’s or Receiver’s behalf to provide its services :
(1) complete any documents, amend product or service codes, and pay any duties, taxes, or penalties required under applicable laws and regulations (“Customs Duties”),
(2) act as Shipper’s forwarding agent for customs and export control purposes and as Receiver solely to designate a customs broker to perform customs clearance and
(3) redirect the Shipment to Receiver’s customs broker or other address upon request by any person who eGlobalusa believes in its reasonable opinion to be authorized.
- no customs declaration is made when required by applicable customs regulations,
- it contains counterfeit goods, animals, bullion, currency, gemstones; weapons, explosives, and ammunition; human remains;
illegal items, such as ivory and narcotics,
- it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods), or other relevant organization (“Dangerous Goods”),
- its address is incorrect or not properly marked or its packaging is defective or inadequate to ensure safe transportation with ordinary care in handling,
- it contains any other item which eGlobalusa decides cannot be carried safely or legally.
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.
eGlobalusa may notify the Receiver of an upcoming delivery or a missed delivery. The Receiver may be offered alternative delivery options such as delivery on another day, no signature required, redirection, or collection at a Service Point. Shipper may exclude some delivery options on request.
If the Shipment is deemed to be unacceptable as described in Section 2, or it has been undervalued for customs purposes, or the Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay Customs Duties or other Shipment charges, eGlobalusa shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against Customs Duties, Shipment charges and related administrative costs with the balance of the proceeds of a sale to be returned to Shipper. eGlobalusa shall have the right to destroy any Shipment which any law prevents eGlobalusa from returning to Shipper as well as any Shipment of Dangerous Goods.
eGlobalusa has the right to open and inspect a Shipment without notice for safety, security, customs, or other regulatory reasons.
eGlobalusa’s Shipment charges are calculated according to the higher actual or volumetric weight per piece and any piece may be reweighed and re-measured by eGlobalusa to confirm this calculation. The Shipper, or the Receiver when eGlobalusa acts on Receiver’s behalf, shall pay or reimburse eGlobalusa for all Shipment or other charges due, or Customs Duties owed for services provided by eGlobalusa or incurred by eGlobalusa on Shipper’s or Receiver’s behalf. Payment of Customs Duties may be requested before delivery. If eGlobalusa uses its credit with the Customs Authorities or advances any Customs Duties on behalf of a Receiver who does not have an account with eGlobalusa, eGlobalusa shall be entitled to assess a fee.
eGlobalusa’s liability in respect of any one Shipment transported by air (including ancillary road transport or stops en-route) is limited by the Montreal Convention or the Warsaw Convention as applicable, or in the absence of such Convention, to the lower of (i) the current market or declared value, or (ii) 22 Special Drawing Rights per kilogram (approximately $US 30.00 per kilogram). Such limits shall also apply to all other forms of transportation, except where Shipments are carried only by road when the limits below apply. For cross border Shipments transported by road, DHL’s liability is or shall be deemed to be limited by the Convention for the International Carriage of Goods by Road (CMR) to the lower of (i) current market value or declared value, or (ii) 8.33 Special Drawing Rights per kilogram (approximately $US 11.00 per kilogram). Such limits will also apply to national road transportation in the absence of any mandatory or lower liability limits in the applicable national transport law.
If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Section 8 or make their own insurance arrangements. eGlobalusa’s liability is strictly limited to direct loss and damage to a Shipment only and the per kilogram limits in this Section 6. 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 eGlobalusa’s attention.
eGlobalusa will make every reasonable effort to deliver the Shipment according to eGlobalusa’s regular delivery schedules, but these schedules are not binding and do not form part of the
contract. eGlobalusa is not liable for any damages or loss caused by delay, but for certain Shipments, the Shipper may be able to claim limited delay compensation.
All claims must be submitted in writing to eGlobalusa within thirty (30) days from the date that eGlobalusa accepted the Shipment, failing which eGlobalusa shall have no liability whatsoever. Claims are limited to one claim per Shipment, settlement of which will be a full and final settlement for all loss or damage in connection therewith.
eGlobalusa can arrange insurance covering the value in respect of loss of or damage to the Shipment, provided that the Shipper so instructs eGlobalusa in writing, including by completing the insurance section on the front of the waybill or by eGlobalusa’s automated systems and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.
eGlobalusa is not liable for any loss or damage arising out of circumstances beyond eGlobalusa’s control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic
related to the nature of the Shipment, even if known to eGlobalusa; any act or omission by a person not employed or contracted by eGlobalusa - e.g. Shipper, Receiver, third party, customs or other government officials; “Force Majeure” - e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, civil commotion, or industrial action.
Shipper shall indemnify and hold eGlobalusa harmless for any loss or damage arising out of Shipper’s failure to comply with the following warranties and representations:
- all information provided by Shipper or its representatives is complete and accurate;
- the Shipment is acceptable for transport under Section 2 above;
- the Shipment was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage, and any transportation to eGlobalusa;
- Shipper has complied with all applicable customs, import, export, data protection laws, sanctions, embargos, and other laws and regulations; and
- Shipper has obtained all necessary consents with personal data provided to eGlobalusa including the Receiver’s data as may be required for transport, customs clearance, and delivery, such as e-mail address and mobile phone number.
The Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of eGlobalusa, to the non-exclusive jurisdiction of the courts of, and governed by the law of the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.
If you have any questions, concerns, or need more information, please contact your eGlobalusa team member or submit your request here.