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CONDITIONS OF CARRIAGE

Conditions of Carriage


CONDITIONS OF CARRIAGE

Effective from September 15, 2023

Effective from September 15, 2023

Effective from September 15, 2023




FOR THE FEDEX UK ADDENDUM TO THE FEDEX EXPRESS TERMS AND CONDITIONS OF CARRIAGE
FOR EUROPE

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Click here

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IMPORTANT NOTICE

These Conditions of Carriage EXCLUDE LIABILITY on the part of FedEx and its
employees or agents for loss, damage and delay in certain circumstances; LIMIT
LIABILITY to stated amounts where liability is accepted and REQUIRE NOTICE OF
CLAIMS within strict time limits. Senders should note these Conditions carefully
and where necessary obtain insurance cover in order to protect their interests.

Shipments are subject to local tariffs and the conditions of the FedEx
subsidiary, branch or the independent contractor which accepted the Shipment.

 

Overview outdated Conditions of Carriage for Europe

January 1 2023 - September 14 2023 FedEx Express Terms and Conditions of
Carriage for Europe


1. Application
2. Definitions
3. Charges
4. Fuel and Other Surcharges
5. Invoice Adjustments & Dimensional Weight (Volumetric Weight)
6. Billing
7. Shipment Preparation
8. Refusal or Rejection of Shipments
9. Inspection of Shipments
10. Prohibited Items

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11. Export Controls
12. Dangerous Goods
13. Customs Clearance
14. Duties and Taxes
15. Routing
16. Delivery
17. Redelivery
18. Undeliverable Shipments
19. Money-Back Guarantee
20. Limits of Liability

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21. Liabilities Not Assumed
22. No Warranties
23. Claims
24. Subcontracting
25. Data Protection
26. Entire Agreement
27. Assignment
28. Non-Waiver
29. Mandatory Law
30. Governing Law and Jurisdiction

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FEDEX EXPRESS TERMS AND CONDITIONS OF CARRIAGE FOR EUROPE

(effective from September 15, 2023)

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Print

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1. APPLICATION

1.1    These Conditions apply to the carriage of Shipments originating from
Europe, and between and within countries and territories of Europe. These
Conditions do not apply to intra-France and intra-Poland Shipments, for which
separate domestic terms and conditions of carriage apply. In some markets, local
conditions or postal regulations may apply instead of or supplementary to these
Conditions (in each case, available on fedex.com in the applicable countries and
territories). Shipments originating from outside Europe are subject to local
tariffs and the terms and conditions of the FedEx affiliate, branch or
independent contractor that accepted the Shipment. Shipments returned are
governed by the terms and conditions applicable to the country or territory from
which the Shipment is returned. For further information on any part of FedEx’s
Services, see fedex.com.

1.2    The international carriage of a Shipment by air will be subject to the
Montreal Convention or the Warsaw Convention, as applicable. The international
carriage of a Shipment by road will be subject to the CMR, as applicable.
Shipments carried domestically (between specified locations within one country)
are subject to the laws of that country, these Conditions, and any applicable
FedEx domestic terms and conditions of carriage.

1.3    The latest online version of these Conditions published and maintained on
the applicable local fedex.com site prevails and supersedes any older or other
versions of the Conditions. The Sender, by tendering a Shipment to FedEx, agrees
to the Conditions in force at that time. FedEx reserves the right to
unilaterally amend or supplement these Conditions at any time.

1.4    In case of conflict between these Conditions and any other FedEx transit
documentation, including the terms and conditions on any FedEx Air Waybill,
manifest, or shipping label, these Conditions prevail to the extent that they do
not conflict with the applicable Convention(s), or other mandatorily applicable
laws, including applicable local postal regulations.

1.5    The Services available may be modified or suspended by FedEx from time to
time. Such modification or suspension applies to Shipments tendered to FedEx
after that date. Details of current Services are available on fedex.com.

1.6    In these Conditions, all decisions of FedEx are made at the sole
discretion of FedEx.

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2. DEFINITIONS

“Air Waybill” or “Waybill” means any shipping document, manifest, consignment
note, label, stamp, electronic entry or similar item used in the FedEx Express
transportation system to initiate movement of a Shipment.

“Ancillary Services” means all services not being Transportation Services.

“B2C Shipments” means Shipments pursuant to a commercial transaction between a
business-Sender (acting for professional purposes) and an individual
consumer-Recipient (acting outside of their professional purposes).

“Business Day” means any day on which businesses in the country, territory or
region of origin or in the country or region of destination are open for
business. Business days and holidays may vary by country, territory or region.
Contact FedEx for delivery commitments which may be affected.

“Business Delivery” means delivery made to commercial or business premises,
excluding (a) homes or private residences, (b) locations where a business is
operated from home or a residence that is designated by the Sender as
residential, and (c) B2C Shipments.

“Charges” means Transportation Charges and any other charges or surcharges
assessed or levied pursuant to these Conditions from time to time, including
fuel and other surcharges, clearance service fees, ancillary charges, Declared
Value for Carriage charges, return charges, special handling fees, duties and
taxes, import and export surcharges, and other costs reasonably incurred by
FedEx relating to transport of a Shipment. Details of any other charges or
surcharges are available on fedex.com. FedEx will charge value added taxes on
its Charges in line with applicable law and regulations.

“CMR” means the Convention on the Contract for the International Carriage of
Goods by Road 1956 as amended in 1978.

“Conditions” means these terms and conditions of carriage as updated on
fedex.com from time to time.

“Conventions” means the Warsaw Convention, the Montreal Convention, and the CMR
collectively.

“Declared Value for Carriage” means that value, if applicable, indicated by the
Sender on the Air Waybill, constituting the maximum amount of FedEx liability in
connection with the Shipment for which the Sender pays the required fee.

“Declared Value for Customs” means the selling price or replacement cost of the
Shipment’s contents as required for customs clearance purposes.

“Delivery Commitment Time” means the published delivery commitment time for the
FedEx service or the delivery commitment time quoted by FedEx customer service
for that Shipment, which takes into account the commodity being shipped, the
date, precise destination, weight and value of the Shipment.

“Europe” means Albania, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bosnia
Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia,
Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Israel,
Italy, Latvia, Lithuania, Luxembourg, Macedonia, Malta, Moldova, Montenegro,
Netherlands, Norway, Poland, Portugal, Romania, Russia, Serbia, Slovakia,
Slovenia, Spain, Sweden, Switzerland, Turkey, United Kingdom and Ukraine,
collectively.

“FedEx” or “FedEx Express” means Federal Express Corporation, its subsidiaries,
branches and affiliates, and their respective employees and agents (to the
extent applicable).

“FedEx Account Number” or “FedEx Account” means the number issued by FedEx to a
customer ensuring account activity is summarized by the FedEx system and the
payer is billed appropriately.

"FICP” means FedEx International Connect Plus, a service exclusively for the
transportation and delivery of Shipments containing items purchased by or for a
consumer-Recipient through a business-Sender’s website or other e-commerce
channels or online marketplaces.

“Freight” means any single piece, skid or freight handling unit with a
chargeable weight equal to or greater than 68 kilograms (any fraction of a
kilogram is rounded up to the next-higher kilogram), or longer than 274
centimetres, or greater than 330 centimetres length plus girth.  

“Leakage” has the meaning set out in Section 7 (Shipment Preparation).

“Montreal Convention” means the Montreal Convention of May 28, 1999 and all
subsequent applicable Protocols.

“Package” means any single parcel or piece that is tendered by Sender to FedEx
for transportation and is accepted by FedEx from Sender.

“Prohibited Items” means the items and types of Shipments set out in Section 10
(Prohibited Items) of these Conditions.

“Recipient” means the natural or legal person stated on the Air Waybill as the
recipient of the Shipment.

“Residential Delivery” means a delivery made to a home or private residence,
including locations where a business is operated from the home or private
residence, or a delivery in which the Sender has designated the delivery address
as residential.

“Sender” means the natural or legal person stated on the Air Waybill as the
sender of the Shipment.

“Service Failure” means a first attempted delivery of a Shipment that occurs 60
seconds or more after the applicable Delivery Commitment Time, except as
otherwise stated in these Conditions. Any transit time published online,
elsewhere, or quoted by FedEx customer service based on incomplete information
supplied by Sender is only an estimate and is not a stated Delivery Commitment
Time. FedEx records regarding quoted delivery times will constitute conclusive
proof of any such quotes.

“Services” means Ancillary Services and Transportation Services collectively.

“Shipment” means one or more Packages or Freight, moving on a single Air
Waybill.

“Transportation Charges” means the rates assessed for movement of a Shipment by
FedEx in accordance with these Conditions from time to time, excluding other
charges or surcharges which may be assessed or levied, such as fuel surcharges,
clearance service fees, ancillary charges, Declared Value for Carriage charges,
special handling fees, duties and taxes, import and export surcharges, and other
surcharges.

“Transportation Services” means the services for carriage of a Shipment offered
and performed by FedEx pursuant to a FedEx Express Air Waybill excluding TNT
waybills. Full details of all such services, including product names,
availability and transit times, are available on fedex.com or in a pricing or
transportation services agreement, as applicable.  

“Unique Items” means items to which additional conditions apply (see Section
20.4 (Unique Items)) due to their nature, including precious stones, precious
metals, jewellery, unprotected furniture, glass, china, objects of art,
antiques, furs, collector’s items, musical instruments, important documents
including passports, smart phones, smart watches, tablets, laptops, electronic
screens, plasma screens, films, tapes, discs, memory cards or any other data or
image carrying goods.

“Warsaw Convention” means the Warsaw Convention of October 12, 1929, as amended
by the Hague Protocol of September 28, 1955 and all subsequent applicable
Protocols, as well as the Guadalajara Convention of September 18, 1961.

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3. CHARGES

Transportation Charges applicable to the Shipment are as set out in the FedEx
list rates on fedex.com, or as expressly agreed otherwise in a relevant FedEx
transportation services agreement. Quotations provided by FedEx for Charges or
Services are estimates only, based upon information provided by the Sender.
Final Charges and Services may vary based upon the Shipment actually tendered
and the application of these Conditions. FedEx is not liable for, nor will any
adjustment, refund or credit of any kind be made, as a result of any discrepancy
in any Charge or Service quotation made prior to the tender of the Shipment and
the Charges invoiced to the payer. Charges applied are those Charges applicable
and in force at the time that a relevant FedEx transportation services agreement
is made, subject to the right of FedEx to revise the Charges, including the
Transportation Charges, set out in the FedEx list rates on fedex.com from time
to time and without notice.

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4. FUEL AND OTHER SURCHARGES

FedEx reserves the right to assess and revise its fuel surcharge and other
surcharges set out on fedex.com from time to time and without notice. The
duration and amount of such revisions will be determined by FedEx. The Sender,
by tendering a Shipment to FedEx, agrees to pay the surcharge(s) in force at
that time. Details of current surcharges are available on fedex.com.

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5. INVOICE ADJUSTMENTS & DIMENSIONAL WEIGHT (VOLUMETRIC WEIGHT)

5.1    Dimensional weight pricing is applicable to all Shipments, on a
per-Shipment basis. If the dimensional weight exceeds the actual weight, the
Shipment Charges will be recalculated based on the dimensional weight and
subject to additional Charges.

5.2    Dimensional weight is determined by multiplying a Package’s length x
height x width (all in centimetres) and dividing this by a standard dim-divisor
or such other number which applies at the time of tendering such Shipment to
FedEx, as specified by FedEx from time to time on fedex.com.

5.3    FedEx may audit each Air Waybill to verify the Transportation Service
selected, Shipment/Package actual and/or dimensional weight, or number of
Packages in a Shipment. If the Transportation Service selected, the declared or
dimensional weight, or the number of Packages stated on the Air Waybill is
incorrect, FedEx may make corrections to the Air Waybill.

5.4    FedEx may make adjustments to the invoice and will be entitled to charge
a special handling fee for having to make corrections and amendments to the Air
Waybill. The method(s) used and Charges applicable to make such corrections or
adjustments are available upon request.

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6. BILLING

6.1    Invoices for Transportation Charges and related Charges are in principle
payable without withholding or set off, within 30 days of the invoice date. For
certain countries, a different payment term may apply; details are available
upon request. Invoices for duties, taxes and other related Charges are payable
upon receipt. Notwithstanding, FedEx reserves the right to require payment of
any Charges in advance.

6.2    Where permitted by law, FedEx may provide electronic invoices as
standard, unless the payer expressly requests otherwise.

6.3    FedEx reserves the right to apply payments to the oldest invoices first,
in instances in which preferred remittance methods are not used or remittance
details are not provided with payment.

6.4    In the event of late payment, FedEx reserves the right to apply a late
payment fee, late payment interest and administrative costs for such late
payment. In such event, FedEx may apply the applicable fee(s), costs and/or
interest rate(s) as determined by FedEx and in accordance with any applicable EU
or local late payment laws.

6.5    If payment is to be made by way of charge to a FedEx Account, the party
that initiates the Shipment must enter a valid, current FedEx Account Number on
the Air Waybill in order for FedEx to accept the Shipment. Charges to a FedEx
Account may take the form of:

a. “Bill Sender” or “Bill Shipper”: FedEx will bill Charges to the Sender’s
FedEx Account.

b. “Bill Recipient” or “Bill Consignee”: FedEx will bill Charges to the
Recipient’s FedEx Account. Acceptable for carriage to specified locations only.

c. “Bill Third Party” means FedEx will bill Charges to someone’s FedEx Account
other than the Sender or Recipient.

6.6    Regardless of any payment instructions or provisions to the contrary, the
Sender (or the party initiating an import shipment transaction, as the case may
be) will always remain ultimately liable for the Charges, and in circumstances
where the Recipient or third party refuses to pay.

6.7    Disputes related to invoices should be submitted by the Sender or
Recipient respectively to FedEx no later than (a) 30 days from the date of
invoice or (b) the invoice due date, whichever is later. FedEx will only accept
the submission of such a dispute if the following is stated therein: the (a)
invoice number, (b) Air Waybill number and (c) reason of the dispute.

6.8    Duties and Taxes. If applicable, duties, taxes and other related Charges
may be assessed on the contents of Shipments. If FedEx disburses duties, taxes
or other fees to a customs agency on behalf of the payer, the payer will be
assessed a clearance service fee based on a flat rate or a percentage of the
total amount disbursed (whichever is greater). See
fedex.com/ancillary/go/service for a list of clearance service fees in the
destination country. FedEx is not required to disburse payment of duties, taxes
and other related Charges and may require the Sender, Recipient or liable third
party to pay FedEx prior to FedEx discharging any liability for duties, taxes or
other related Charges. The Recipient will be charged for such duties and taxes
unless the “Bill Sender Duties and Taxes” or “Bill Third Party Duties and Taxes”
box is marked on the Air Waybill and a valid FedEx Account Number is indicated
on the Air Waybill. Such options are available in select locations only. In
certain other circumstances the Sender may be charged for such duties and taxes,
including the event in which the Shipment is sent to a third party site where
the Recipient or billed third party is not a resident. Invoices for duties,
taxes and other related Charges are payable upon receipt. Further details
available in Section 13 (Customs Clearance) and upon request.

6.9    Currency Conversion. FedEx invoices must be paid in the currency stated
in the invoice or otherwise in the local currency against exchange rates
provided by FedEx from time to time.

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7. SHIPMENT PREPARATION

7.1    Size and Weight Limits. Package and Shipment size and weight restrictions
vary by country of origin and country of destination combination, and by
Service.

7.2    Multi-Piece Shipments. There is no limit on the aggregate weight of a
multiple piece Shipment provided each individual Package within the Shipment
does not exceed the per-Package weight limit specified for the destination.

7.3    Extra-Large Shipments. Shipments exceeding the Service specific weight
limits set out in the packaging guidelines on fedex.com require advance
arrangement with FedEx. FedEx reserves the right to refuse Packages or Shipments
that FedEx considers unsuitable or ‘extra-large’ as further detailed in the
packaging guidelines on fedex.com. FedEx may consider such unsuitable or
extra-large Packages or Shipments as Freight shipments at its discretion, and a
minimum chargeable weight of 68kg may therefore be applied regardless of actual
weight. Shipments tendered to FedEx as Freight have a minimum chargeable weight
of 68kg, regardless of actual weight.

7.4    No more than one type of Service may be indicated on a single Air Waybill
and no more than one FedEx Envelope, FedEx 10kg Box or FedEx 25kg Box may be
shipped on a single Air Waybill.

7.5    Packaging. All Packages must be prepared and packed by the Sender for
safe transportation, according to the nature and size of the goods, assuming
ordinary care in handling in a transportation and hub sortation environment and
in compliance with FedEx’ instructions and all applicable treaties, laws,
regulations and rules, including those governing packing, marking and labelling.

7.6    Any articles susceptible to damage as a result of any condition which may
be encountered in transportation, such as changes in temperature or atmospheric
pressure, must be adequately protected by appropriate packaging by the Sender.
FedEx will not be liable for any damage arising out of changes in temperature or
pressure.

7.7    FedEx does not provide temperature-controlled transport, unless expressly
agreed otherwise. Unless expressly agreed otherwise, FedEx is not obliged to add
dry ice to Shipments or to provide re-icing Services, notwithstanding any oral
or unilateral written statements from the customer or FedEx to the contrary. If
the Recipient refuses a Package or the Package leaks, is damaged, or emits an
odour (collectively “Leakage”) it will be returned to the Sender, if possible.
If the Package is refused by the Sender, or it cannot be returned because of
Leakage, the Sender will be liable for and agrees to reimburse and otherwise
indemnify FedEx for all costs, fees and expenses incurred in connection with the
clean-up and disposal of the Package. See further Section 8 (Refusal or
Rejection of Shipments).

7.8    Marking. It is the responsibility of the Sender to properly complete all
necessary particulars of the Air Waybill. Each Shipment must be legibly and
durably marked with, including the name, street-, city- and country address
including postal code of the Sender and the Recipient. For international
Shipments, the Sender’s address must state the country in which the Shipment is
tendered to FedEx. Sender must affix the Air Waybill and any other required
labels (e.g. heavy weight) in a prominent position on the outer surface of the
Shipment that can be clearly seen.

Further details on Shipment preparation are available on fedex.com or upon
request.

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8. REFUSAL OR REJECTION OF SHIPMENTS

FedEx reserves the right to refuse, block, cancel, postpone or return Shipments
at any time if so required by law (including export controls, sanctions, customs
laws and regulations), and/or if such Shipments would in the opinion of FedEx be
likely to cause damage or delay to other Shipments, goods or persons; if the
carriage of the Shipment is prohibited by law or is in violation of any of these
Conditions; if the FedEx Account of the person or entity responsible for payment
is not in good credit standing; if the volume or type of Shipment materially
deviates from the volume or type of Shipment that was initially indicated by the
Sender to FedEx; or for any other reason. The fact that FedEx accepts Shipments
does not mean that such Shipments, including their content and quality, conforms
to applicable laws and regulations or to these Conditions.

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9. INSPECTION OF SHIPMENTS

9.1    Upon the request of the competent authorities, or at FedEx’ discretion in
compliance with applicable laws and regulations, FedEx may open and inspect any
Shipment.

9.2    In accordance with applicable laws and regulations, FedEx may be required
to undertake various screening(s) of the Shipment(s). The Sender hereby waives
any possible claims for damages or delays (including the Money-Back Guarantee as
stated in Section 19) as a result of such screening.

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10. PROHIBITED ITEMS

10.1    FedEx prohibits the following items for shipment to any destination and
Sender agrees not to ship the same, unless expressly agreed otherwise by FedEx
(additional restrictions may apply depending on origin and destination):

a. Firearms, weaponry, ammunition and their parts. This includes, but is not
limited to, guns, flick knives, butterfly knives, swordsticks, knuckledusters,
and tasers;

b. 3-D printing machines designed, or that function exclusively, to manufacture
firearms;

c. Explosives (class 1.4 explosives may be acceptable to and from some
locations; further information available upon request), fireworks and other
items of an incendiary or flammable nature;

d. Items resembling a bomb, hand grenade, or other explosive device or weapon.
This includes, but is not limited to, inert products such as replicas, toy guns,
novelty items, training aids and works of art;

e. Military items originating from any country in which an export control
license is required;

f. Human corpses, human organs or body parts, human or animal embryos, cremated
or disinterred human remains;

g. Live animals, including insects and pets;

h. Animal carcasses, dead animals, or animals that have been mounted. This
includes, but is not limited to, animal furs, ivory and ivory related products,
and fauna;

i. Plants and plant material, including cut flowers (cut flowers are acceptable
to and from certain countries and territories including the Netherlands to the
US, and all Latin America; further information available upon request);

j. Perishable foodstuffs, and foods and beverages requiring refrigeration or
other environmental control;

k. Pornography and obscene material. This includes, but is not limited to,
manikins (including sex dolls);

l. Money, including cash and cash equivalents (e.g. negotiable instruments,
endorsed stocks, bonds and cash letters), collectible coins and stamps;

m. Lottery tickets and gambling devices, where prohibited by law;

n. Hazardous waste, including used hypodermic needles and syringes, or other
medical, organic and industrial waste;

o. Wet ice (frozen water);

p. Counterfeit goods, including goods under a trademark that is identical to or
substantially indistinguishable from a registered trademark, without the
approval or oversight of the registered trademark owner (also commonly referred
to as “fake goods” or “knock-offs”);

q. Marijuana, including marijuana intended for recreational or medicinal use,
and marijuana-derived cannabidiol (CBD), any product with any amount of
tetrahydrocannabinols (THC) and synthetic cannabinoids

r. Raw or unrefined hemp plants, or their subparts (including hemp stalks, hemp
leaves, hemp flowers and hemp seeds);

s. Tobacco and tobacco products, including but not limited to cigarettes,
cigars, loose tobacco, smokeless tobacco, hookah or shisha; and

t. Electronic cigarettes and their component parts, any other similar device
that relies on vaporization or aerosolization, and any non-combustible liquid or
gel, regardless of the presence of nicotine, that can be used with any such
device. 

10.2    FedEx prohibits the following types of Shipments to any destination and
Sender agrees not to ship the same (additional restrictions may apply depending
on origin and destination):

a. Shipments or commodities, the carriage, importation or exportation of which
is prohibited by any law, statute or regulation, including shipments for which
Sender or any of the parties involved in the Shipment are listed on any of the
lists of restricted parties published and maintained by: the U.S. Department of
the Treasury, Office of Foreign Assets Control; the U.S. Department of Commerce,
Bureau of Industry and Security; the U.S. Department of State, the United
Nations Sanctions Committees; the European Union Council; and any other relevant
authority, unless licensed or authorized by the relevant government agency or
otherwise permitted under applicable laws;

b. Unless expressly agreed otherwise by FedEx, Shipments that require FedEx to
obtain any special license or permit for transportation, importation or
exportation;

c. Undeclared, excisable shipments or commodities that require regulatory
approval and clearance; 

d. Shipments with a Declared Value for Customs in excess of that permitted for a
specific destination;

e. Dangerous goods, except as permitted under Section 12 (Dangerous Goods) of
these Conditions; and

f. Packages that are wet, leaking or emit an odour of any kind.  

10.3    FedEx excludes all liability for Prohibited Items howsoever accepted
(including acceptance by mistake or under notice). FedEx reserves the right to
reject Packages based upon these limitations or for reasons of security or
safety. FedEx may charge an administrative fee for Packages rejected and for the
cost of returning goods, where applicable, to the Sender. Further information is
available upon request.

10.4    Section 19 (Money-Back Guarantee) is not applicable to Shipments of
Prohibited Items.

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11. EXPORT CONTROLS

11.1    FedEx does not transport Shipments that violate export controls laws.
Sender is responsible for, and warrants, compliance with all applicable laws,
rules and regulations, including the U.S. Export Administration Regulations, the
U.S. International Traffic in Arms Regulations, the U.S. Foreign Assets Control
Regulations and applicable export laws and government regulations of any country
related to the transportation of the Shipment. Sender agrees and warrants that
with respect to the Shipments it will comply with all applicable U.S. government
territorial sanctions prohibiting the export or re-export of goods, services or
technology to or from countries and territories subject to territorial U.S.
sanctions. In addition, FedEx does not transport, and Sender agrees to not
tender for shipment, commodities for which trade is restricted or prohibited by
economic sanctions and embargoes laws. For a current list of FedEx countries and
territories not served go to fedex.com.

11.2    In addition, unless licensed or authorized by the relevant government
agency or otherwise permitted under applicable laws, FedEx does not transport
and Sender warrants that it will not tender any Shipments to FedEx if Sender or
any of the parties involved in the Shipment are listed on any of the lists of
restricted parties published and maintained by: the U.S. Department of the
Treasury, Office of Foreign Assets Control; the U.S. Department of Commerce,
Bureau of Industry and Security; the U.S. Department of State, the United
Nations Sanctions Committees; the European Union Council; and any other relevant
authority. Sender also agrees and warrants that it will not attempt to ship to
any entity owned by any party, in the common ownership interest determined by
the relevant listing authority, subject to economic sanctions.

11.3    Sender shall identify any Shipments requiring any export control
licenses, permits, or subject to other pre-export regulatory controls and
provide FedEx with information and all necessary documentation to comply with
the applicable laws and regulations. Sender is responsible at its own expense
for determining applicable export licensing or permitting requirements for a
Shipment, obtaining any required licenses and permits, and ensuring that the
Recipient is authorized as required by the applicable laws and regulations of
the origin country, destination country, and any country(s) asserting
jurisdiction over the goods. Further, Sender is responsible for ensuring that
the end-use or end-user of the items shipped does not violate any specific
control policies restricting certain types of exports, re-exports and transfers
of specifically enumerated items subject to the U.S. Export Administration
Regulations.

11.4    FedEx assumes no liability to Sender or any other person for any loss or
expense — including, but not limited to, fines, penalties and/or the rejection,
blocking or destruction of the Shipment — if Sender fails to comply with any
export controls, sanctions or customs laws, rules or regulations, or caused by
actions undertaken by FedEx to comply with applicable laws and regulations.
Sender also agrees to indemnify FedEx for any loss or expense – including, but
not limited to, fines, penalties and/or the rejection, blocking or destruction
of the Shipment – for Sender’s failure to comply with any export controls,
sanctions or customs laws, rules or regulations, or caused by actions undertaken
by FedEx to comply with applicable laws and regulations.

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12. DANGEROUS GOODS

12.1    Identifying Dangerous Goods. “Dangerous goods” are items that, when
transported, may endanger people, animals, the environment, or the carrier. It
is the Sender’s responsibility to identify whether its Shipment contains
dangerous goods as classified by the United Nations Recommendations on the
Transport of Dangerous Goods, the International Civil Aviation Organization
(ICAO), the European Agreement concerning the International Carriage of
Dangerous Goods by Road (ADR), the International Air Transport Association
(IATA), and applicable laws and regulations.

12.2    Destination Restrictions. There are limitations for dangerous goods
Shipments to many destinations. If Sender has questions regarding countries
served, commodity restrictions by country or service availability, contact FedEx
customer service.

12.3    Available Services. Certain dangerous goods Shipments must be accessible
during transit by flight and are categorized as “accessible dangerous goods”.
“Inaccessible dangerous goods” do not need to be loaded on a flight so they are
accessible during transit. The dangerous goods category may impact which Service
can be used for shipping. FedEx is also required to maintain proper segregation
of incompatible dangerous goods on all vehicles and aircraft. This necessity may
cause the Shipment to move on the next available truck route or flight on which
proper segregation can be maintained.

12.4    Additional Fees. There are special handling fees that apply to Shipments
containing dangerous goods. Surcharges are based on classification and type of
special handling required, including whether the items need to be accessible
during transit.

12.5    Dangerous Goods Regulations. All Packages containing dangerous goods
must comply with all applicable laws and regulations, including the ICAO
Technical Instructions for the Safe Transport of Dangerous Goods by Air and the
IATA Dangerous Goods Regulations. Senders of dangerous goods must comply with
all FedEx variations listed in the current edition of the IATA Dangerous Goods
Regulations. Dangerous goods Shipments subject to the ADR need special transport
arrangements and the Sender must contact FedEx to make arrangements prior to
shipping.

12.6    Lithium Batteries. FedEx does not accept UN 3090 and UN 3480 lithium
batteries tendered as IATA Section II shipments; they must be tendered as fully
regulated IATA Section IA or IB. In addition, FedEx Express does not accept
waste batteries or batteries being shipped for recycling or disposal, including
damaged or defective batteries (see IATA variation FX–04).

12.7    Shipment Preparation. The Sender is responsible for identifying,
classifying, packaging, marking, labelling and completing documentation for
dangerous goods Shipments, in compliance with all applicable international
treaties, laws and regulations. The Sender is also responsible for ensuring the
Recipient complies with all applicable treaties, laws and regulations. Each
Shipment must be accompanied by appropriate dangerous goods documentation (e.g.
the IATA Shipper’s Declaration for Dangerous Goods form) when required. As FedEx
does not provide pack-and-ship solutions for dangerous goods Shipments, FedEx
may require Sender to hire a trained pack-and-ship vendor to resolve a problem
with a dangerous goods Shipment, in order for FedEx to complete delivery safely.
Sender’s failure to prepare dangerous goods in accordance with this Section may
result in an undeliverable Shipment. The Sender must provide all required
information and complete all boxes pertaining to dangerous goods on the Air
Waybill. Senders utilizing electronic systems to ship dangerous goods must
select, as appropriate to the electronic system, the special services, handling
or flag to indicate that their Shipment contains dangerous goods. When using a
paper Air Waybill rather than an electronic shipping solution, dangerous goods
can only be shipped internationally using the FedEx expanded service
international Air Waybill.

12.8    Packaging. FedEx packaging may not be used to ship dangerous goods
(including dry ice), with the exception of (a) permitted IATA Section II lithium
batteries, which may be shipped in FedEx boxes and tubes, and (b) biological
substances, Category B (UN 3373), which may be shipped in a FedEx UN 3373 Pak,
the FedEx Clinical Box, or any FedEx TempAssure packaging.

12.9    Tender and Delivery of Dangerous Goods. Not all FedEx locations accept
dangerous goods. Certain FedEx locations do not accept specific classes of
dangerous goods and dangerous goods are not accepted to ship via all
Transportation Services. FedEx reserves the right to refuse dangerous goods at
any location where they cannot be accepted in accordance with applicable law or
at FedEx’s discretion. If not dropped off at a staffed location that accepts
dangerous goods, the Shipment must be tendered to FedEx via a scheduled pickup
at the customer location.  

12.10    No Rerouting. Dangerous goods may not be rerouted to an address other
than the original intended Recipient’s address provided by the Sender.

12.11      Potential Sender Liability. Applicable laws or regulations may
require FedEx to report improperly declared or undeclared Shipments of dangerous
goods to the appropriate regulatory or government authorities. The Sender may be
subject to fines and penalties under applicable law.

12.12    Section 19 (Money-Back Guarantee) is not applicable to Shipments of
dangerous goods.

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13. CUSTOMS CLEARANCE

13.1    Shipments that cross national borders may be cleared through customs.
The Sender is responsible for making sure goods are shipped in compliance with
all customs regulatory requirements, for providing all documentation and
information required for the clearance, and for representing and warrantying
that all statements and information it provides relating to the goods and the
clearance of the Shipment are and continue to be true, correct and complete,
including the appropriate Harmonized System Code. Shipments requiring
documentation in addition to an Air Waybill (e.g., a commercial invoice) may
require additional transit time. FedEx reserves the right at FedEx’s sole
discretion to charge Sender with any penalties, fines, damages or other costs or
expenses, including storage fees, resulting from an enforcement action by any
competent government authority, or by Sender’s failure to comply with the
obligations hereby laid out.

13.2    The Sender is responsible at its own expense for making sure goods
shipped internationally are acceptable for entry into the destination country
under the applicable laws and complying with all licensing or permitting
requirements when applicable.

13.3    The Sender may also be required to provide additional information to
obtain clearance from other regulatory agencies in the destination country prior
to delivery to the Recipient. Shipments that contain goods or products that are
regulated by multiple government agencies within other destination countries
(such as the national agencies responsible for food safety, public health
protection, pharmaceuticals, medical products, plant and animal, wild life
products, telecommunication and other electronic equipment standards, and
comparable agencies) may require additional time for clearance. All charges for
sending to and return from countries where entry is not permitted will be
charged to the Sender.

13.4    When Shipments are held by customs or other agencies due to incorrect or
missing documentation, FedEx may attempt to notify the Recipient. If local law
requires the correct information or documentation to be submitted by the
Recipient and the Recipient fails to do so within a reasonable time as FedEx may
determine, the Shipment may be considered undeliverable subject to applicable
laws (see Section 18 (Undeliverable Shipments)). If the Recipient fails to
supply the required information or documentation and local law allows the Sender
to provide the same, FedEx may attempt to notify the Sender. If the Sender also
fails to provide the information or documentation within a reasonable time as
FedEx may determine, the Shipment will be considered undeliverable subject to
applicable laws. FedEx assumes no responsibility for its inability to complete a
delivery due to incorrect or missing documentation, whether or not FedEx
attempts to notify the Recipient or Sender.

13.5    Where permissible by local law or unless instructed otherwise (e.g. via
“FedEx International Broker Select”, described below), FedEx will provide
customs clearance of international Shipments. FedEx will submit the Shipment
information to customs and other regulatory agencies for clearance. FedEx may
charge a clearance service fee, where applicable, on international Shipments for
clearance processing, for disbursing duties and taxes to a customs agency on
behalf of the payer, for Services requested by the Sender, Recipient or third
party, or to recover the costs passed to FedEx by the regulatory agency for
regulatory filing. The types and amounts of fees vary by country. See
https://www.fedex.com/en-nl/ancillary-clearance-service.html for a list of
clearance service fees in the destination country.

13.6    FedEx will act as agent for Sender or Recipient (as applicable) solely
for the purpose of clearing and entering the Shipment through customs. When
applicable and appropriate, Sender shall authorize FedEx, or the broker
designated by FedEx, to make and file customs declarations and all related
actions as a direct representative, in the name of and on behalf of and at the
risk of the Sender or Recipient. Sender shall ensure Recipient authorizes FedEx
in accordance with this provision, when applicable.

13.7    FedEx will not disburse or bill any duties and taxes if the Broker
Select Option has been selected at the time of booking. Commodity acceptability
and restrictions when using FedEx International Broker Select vary by country.

13.8    In some instances, at the discretion of FedEx, FedEx may accept
instructions to use a designated customs broker other than FedEx (or the broker
selected by FedEx) or the broker designated by the Sender. In any event, FedEx
(or the broker selected by FedEx) reserves the right to clear the Shipment if
the broker cannot be determined or will not perform clearance, or if complete
broker information is not provided to FedEx (including name, address, phone
number and postal code).

13.9    For Shipments that must be cleared through customs by the Recipient,
FedEx will deliver the customs paperwork to the Recipient, and delivery of
paperwork constitutes timely delivery.

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14. DUTIES AND TAXES

14.1    In order to complete clearance of certain items through customs, FedEx
may disburse duties and taxes as assessed by customs officials on behalf of the
payer and assess a surcharge for doing so. For all Shipments, FedEx may contact
the payer and require confirmation of reimbursement arrangements as a condition
to completion of clearance and delivery, and at the discretion of FedEx, require
payment of duties and taxes before release of the Shipment to the Recipient.
Contact FedEx customer service for further details.

14.2    FedEx only provides estimates of customs duties and taxes through the
estimate duties and taxes feature on fedex.com. Final duties and taxes may vary.

14.3    In the event the accuracy or propriety of duties and taxes assessed on a
Shipment is disputed, FedEx or its designated broker may review the shipping
documents tendered with the Shipment. If FedEx determines that the duties and
taxes were properly assessed, the Sender agrees to pay the duties and taxes or
the Sender undertakes that the Recipient pays, as applicable.

14.4    In the event FedEx disburse duties, taxes or other fees to a customs
agency, on behalf of the payer, the payer will be assessed a clearance service
fee based on a flat rate or a percentage of the total amount advanced. This
clearance service fee will vary depending upon the destination country. For more
information on the clearance service fee charged, see
fedex.com/ancillary/go/service.

14.5    If the Sender fails to designate a payer on the Air Waybill, duties and
taxes will automatically be billed to the Recipient where allowed. “Bill Sender
Duties and Taxes” and “Bill Third Party Duties and Taxes” are options available
only for deliveries to specified locations. Contact FedEx customer service for
further details.

14.6    Regardless of any payment instructions to the contrary, the Sender is
ultimately responsible for payment of duties and taxes and all fees and
surcharges related to FedEx’s disbursement of duties and taxes if payment is not
received. If a Recipient or a third party from which reimbursement confirmation
is required refuses to pay the duties and taxes upon request, FedEx may contact
the Sender, for the same. If the Sender refuses to make satisfactory
arrangements to reimburse FedEx, the Shipment may be returned to the Sender (in
which case, Sender will be responsible both for original and return charges) or
placed into a temporary storage, general order warehouse or a customs-bonded
warehouse or considered undeliverable. If Transportation Charges for a Shipment
are billed to a credit card, FedEx reserves the right to also settle uncollected
duties and taxes charges associated with that Shipment to the credit card
account.

14.7    Subject to the options available at specified locations, if FedEx cannot
obtain satisfactory confirmation of arrangements to reimburse it for amounts to
be disbursed for duties and taxes, a Shipment might be delayed. Such delays, or
any other failure to comply with these Conditions, constitute liabilities not
assumed and not Service Failures. Accordingly, they are not covered by the
Money-Back Guarantee (see Section 19 (Money-Back Guarantee) and Section 21
(Liabilities Not Assumed)).

14.8    Payment for duties and taxes will be made by one of the following means
at the sole discretion of FedEx: cash, check (personal or business, provided
valid identification is offered), credit card, money order, traveler’s check, or
debit or deferment account. FedEx does not accept prepayment of duties and
taxes.

14.9    FedEx assumes no responsibility for Shipments abandoned in customs, and
such Shipments may be considered undeliverable.

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15. ROUTING

FedEx determines the routing of all Shipments. The routing may change from time
to time without notice. FedEx cannot disclose its route details or detailed
network security measures, in order to protect the goods travelling therein.
Audits on FedEx network locations or vehicles are also therefore not allowed,
unless there is a statutory or legal requirement.

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16. DELIVERY

16.1 Except for the FICP Shipments referenced in Section 16.2 below, all
Shipments are delivered to the Recipient’s address subject to Sections 16.8,
16.9 and 16.10 below. There is no obligation to deliver a Shipment to the
Recipient personally. FedEx may deliver a Shipment to the Recipient or any other
person appearing to have authority to accept delivery of the Shipment on
Recipient’s behalf. Shipment addresses should always include the complete
address of the Recipient, their telephone number and email address.

16.2 Where permitted by applicable laws and regulations, FedEx reserves the
right to, at its sole discretion, redirect any FICP Shipment to a pick-up
location determined by FedEx, including prior to any delivery attempt. In case
of redirection, consumer-Recipient will be made aware of the pick-up location
and other relevant pick-up information through a door tag or an automated notice
sent to consumer-Recipient’s mobile device or email address (where such contact
information has been provided by Sender to FedEx in accordance with applicable
laws and regulations).

16.3 Post office box addresses may be used for certain international locations,
provided that the Sender provides FedEx with the Recipient’s telephone number in
order to facilitate delivery.

16.4 FedEx will not be liable in any circumstances for any claim, which relates
to seizure or detention of goods in the course of transit by Customs or other
government authorities.

16.5 Shipments to hotels, hospitals, government offices or installations,
university campuses or other facilities which have a mail room or central
receiving area may be delivered to the mail room or central receiving area,
unless stated or agreed otherwise by FedEx prior to shipping.

16.6 FedEx will treat any requested change to an address that is not a reroute
or an address correction as a new Shipment, and new Transportation Charges may
apply.

16.7 Saturday delivery, if available, will be subject to a special handling fee
in those countries where Saturday is not a regular Business Day.

16.8 FedEx may refuse to pick up or deliver a Shipment, or use alternative
pickup or delivery arrangements, to maintain the safety of its employees or in
cases in which FedEx believes that its Services may be used in violation of any
applicable laws, regulations or rules.

16.9    Delivery Instructions from Sender: Delivery Signature Options.

a. FedEx offers “Delivery Signature Options”, which may be selected by the
Sender at the time of completing the Air Waybill, from and to selected countries
and territories, and for certain Transportation Services (see fedex.com or
contact FedEx customer service for further details).

b. The Sender acknowledges that the Delivery Signature Options selected by the
Sender may relate, but are not limited, to: (i) release of a Shipment without a
signature for delivery; (ii) delivery to a neighbour, doorman, building manager
or similar; (iii) release of a Shipment only to a legal adult at the delivery
address; (iv) or any combination of the foregoing instructions. Selection of a
Delivery Signature Option by the Sender will take precedence over any additional
delivery instructions received from the Recipient.

c. Additional surcharges may apply in respect of Delivery Signature Options. See
Section 4 (Fuel and other Surcharges).

d. In the event the Sender does not select a Delivery Signature Option, FedEx
will follow its standard delivery procedures.

16.10    Delivery Instructions from Recipient: B2C Shipments.

a. At selected locations, FedEx may deliver B2C Shipments in accordance with
additional instructions received by FedEx from the Recipient. The Sender
expressly acknowledges and agrees that those instructions can alter the
originally agreed delivery instructions or Delivery Commitment Time originally
agreed between FedEx and Sender.

b. The Sender acknowledges and agrees that the instructions from the Recipient
may relate, but are not limited, to: (i) postponing the delivery time; (ii)
delivering to a neighbour, doorman or receptionist; (iii) delivering to another
address or another person, provided such other address is within the same
country as stated on the Air Waybill; (iv) providing instructions as to where to
leave the B2C Shipment without obtaining a signature for delivery; (v) leaving
the B2C Shipment at a pick-up point (e.g. a retail location); or (vi) any
combinations of the foregoing instructions. In case of annulment of (part of)
the carriage before delivery by Sender and / or Recipient all Charges remain due
and owed to FedEx.  

c. FedEx may change the availability of delivery options for B2C Shipments from
time to time, depending on geographical and other limitations. For further
information on delivery option availabilities and conditions see fedex.com.

d. Section 19 (Money-Back Guarantee) is not applicable to B2C Shipments for
which the Recipient has provided additional delivery instructions in accordance
with this provision.

e. Should a Recipient provide additional delivery instructions for other than
B2C shipments, then the Sender acknowledges and agrees to be bound by this
Section 16.

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17. REDELIVERY

17.1    Business Deliveries.  FedEx will re-attempt delivery either
automatically or upon request if: (a) no one at the Recipient address is
available to sign for the Shipment and there is no signature release on file;
(b) the Sender has selected a FedEx Delivery Signature Option and no eligible
Recipient is available to sign for the Shipment; or (c) FedEx determines that it
may hold the Shipment. If the Business Delivery has not been delivered after
three attempted deliveries and/or after being held for five Business Days from
the date of first delivery attempt and, where applicable, has cleared customs in
the destination country, it will be considered undeliverable (see Section 18
(Undeliverable Shipments)).

17.2    Residential Deliveries and B2C Shipments.  If a Residential Delivery
cannot be completed on the initial attempt at the Recipient address or a
neighboring address when the Sender or Recipient selected a FedEx Delivery
Signature Option, FedEx may, at its discretion, either re-attempt delivery, hold
the Shipment until receiving further delivery instructions from the Sender or
Recipient, or deliver to a location to be determined by FedEx. If a Residential
Delivery cannot be delivered through a re-attempt(s), the Sender or Recipient
does not provide further delivery instructions, or FedEx cannot facilitate
delivery to another location to be determined by FedEx, the Shipment may be
considered undeliverable (see Section 18 (Undeliverable Shipments)).

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18. UNDELIVERABLE SHIPMENTS

18.1    An undeliverable Shipment is one that cannot be delivered for reasons
that include, but are not limited to, any of the following: (a) the Recipient’s
address is incomplete, illegible, incorrect or cannot be located, (b) the
Recipient of a Shipment cannot be contacted or the Recipient fails to retrieve
the Shipment, (c) the Shipment was addressed to an area not served by FedEx, (d)
the Recipient's place of business is closed (e) delivery is impossible because
of the unavailability or refusal of an appropriate person to accept delivery or
sign for delivery of the Shipment, (f) the Shipment is unable to clear customs,
(g) the Shipment would likely cause damage or delay to other Shipments or
property, or injury to persons, (h) the Shipment contains Prohibited Items, (i)
the Recipient is unable or refuses to pay for a Bill Recipient Shipment, (j) the
Shipment was improperly packaged, (k) the Shipment’s contents or packaging are
damaged to the extent that re-wrapping is not possible, (l) the Shipment  is in
violation of U.S. or other applicable export control or sanctions laws or
regulations, including but not limited to, being sent from or addressed to a
restricted party or location, or (m) any of the reasons set forth in Sections 17
(Redelivery).

18.2    If a Shipment is undeliverable for any reason, FedEx shall attempt to
notify the Sender to arrange for the return of the Shipment, without prejudice
to any local regulatory constraints. If the Sender cannot be contacted within
five Business Days or fails to give instructions within a reasonable period of
time, FedEx may return the Shipment to the Sender; or place the Shipment in
temporary storage, a general order warehouse or customs-bonded warehouse or
dispose of the Shipment in accordance with local law. If a Shipment cannot be
delivered, cleared through customs or returned, the Shipment may be transferred
or disposed of by FedEx in accordance with local law. The Sender will be liable
for any and all costs, Charges and fees incurred in returning, storing or
disposing of an undeliverable Shipment, unless the Shipment was undeliverable
due to the fault of FedEx.

18.3    Shipments that cannot be returned due to local regulatory constraints
will either be placed in temporary storage, a general order warehouse or a
customs-bonded warehouse or disposed of in accordance with local law. The Sender
agrees to pay any costs incurred by FedEx in such placement or disposal.

18.4    Return Charges will be assessed to the Sender together with the original
Charges, unless the Shipment was undeliverable due to the fault of FedEx. Also
included will be any other Charges incurred by FedEx in the process of the
return. For return of undeliverable Shipments containing dangerous goods, the
Sender must supply a completed return Air Waybill and all other required
documents.

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19. MONEY-BACK GUARANTEE

FedEx offers a money-back guarantee for certain Transportation Services, subject
to these Conditions. This money-back guarantee can be suspended, modified or
revoked by FedEx at any time and without prior notice to either the Sender or
Recipient. Such suspension, modification or revocation applies to Shipments
tendered to FedEx after that date. Details on the current status of the
money-back guarantee are available on fedex.com.

19.1    Money-Back Guarantee.


a. In the event of a Service Failure and upon request, FedEx will, at FedEx’
option, either refund or credit to the applicable invoice the payer’s
Transportation Charges, subject to the limitations set out below. 

b. FedEx’s money-back guarantee applies to Transportation Services, excluding
Shipments sent as intra-Europe economy or FedEx International Connect Plus
(FICP).

c. If a Sender tenders Packages that exceed the number, type, size or weight of
Packages tendered on average for the location by the Sender throughout the year,
FedEx may accept such Packages but suspend the money-back guarantee or adjust
commitment times.

d. In the event of a Service Failure this money-back guarantee is Sender’s
exclusive remedy for the recovery of all or any portion of the Transportation
Charges for a Shipment. If the money-back guarantee is suspended, there are no
delivery commitments for affected Shipments and thus no remedy or recovery of
Transportation Charges for what otherwise would constitute a Service Failure.

19.2    Limitations. The following limitations apply:

a. Only one refund or credit is permitted per Package. In the case of
multiple-piece Shipments, this money-back guarantee applies to each Package in
the Shipment. If a Service Failure occurs for any Package within the Shipment, a
refund or credit will be given only for the portion of the Transportation
Charges applicable to that Package.

b. A credit or refund under the money-back guarantee policy will be applied only
against Transportation Charges for the Shipment giving rise to the credit. The
money-back guarantee does not apply to duties, taxes or any other Charges not
being Transportation Charges.

c. If a delivery later than the original Delivery Commitment Time is requested
by the Sender before the first delivery attempt is made, the Delivery Commitment
Time for application of the money-back guarantee policy will be adjusted to
account for the requested delivery date or time.

d. National or public holidays at the pickup location and at the destination
location may affect transit times. The delivery commitment for application of
the money-back guarantee will be extended for a period equal to the length of
the holiday. The FedEx International Holiday Schedule is available at fedex.com;
however, local or regional holidays of a country also can affect transit times.

e. For Shipments scheduled for delivery during the seven calendar days before
Christmas Day, the delivery commitment for application of the money-back
guarantee is extended to the end of the day on the published delivery commitment
date for the selected service and destination.

f. For FedEx Europe First Shipments (for which a delivery fee applies in
addition to the FedEx International Priority rate), FedEx will, upon request,
refund or credit to the applicable invoice:

i.    the FedEx Europe First delivery fee, but not the Transportation Charges,
in the event of a Service Failure for a FedEx Europe First Service; or

ii.    the Transportation Charges in addition to the FedEx Europe First delivery
fee, in the event of a Service Failure for a FedEx International Priority
Service.

All restrictions and limitations set out under this money-back guarantee Section
otherwise equally apply to the FedEx Europe First Service.

g. If the Sender chooses to leave a Shipment at either a ‘FedEx Authorized Ship
Center’ or a ‘FedEx Drop Box’ the Delivery Commitment Time will commence when
the Shipment is collected by FedEx from the FedEx Authorized Ship Center or
FedEx Drop Box as applicable. Details of the applicable cut off times in force
can be found at the FedEx Authorized Ship Center or FedEx Drop Box as
applicable.

19.3    Exclusions. This money-back guarantee does not apply, and FedEx will not
be obligated to refund or credit Transportation Charges, if:

a. FedEx furnishes proof of timely delivery, consisting of the date and time of
delivery and, if applicable, the name of the person who signed for the Shipment.

b. The Service Failure resulted, in whole or in part, from any of the
circumstances described in Section 14.7 (Duties and Taxes) or Section 21
(Liabilities not Assumed).

c. The payer’s FedEx Account Number was not in good credit standing, or payment
instructions were invalid.

d. Incorrect FedEx tracking numbers were applied to the subject Package or
Shipment by customers using FedEx electronic shipping devices.

e. The Shipment contained, even if such Shipment is expressly accepted by FedEx,
Prohibited Items, dangerous goods or dry ice.

f. The Shipment was delayed due to customs or other regulatory requirements.

g. The delay in delivery was caused by adherence to FedEx policies regarding the
payment of duties and taxes prior to customs clearance or at delivery.

h. The Shipment was sent to a post office box address acceptable for delivery.

i. The Recipient provided delivery instructions to FedEx, in accordance with
Section 16.9 (Delivery Instructions from Recipient: B2C Shipments).

j. The Shipment was delayed due to incorrect, incomplete or inaccurate Recipient
information, or the unavailability or refusal of an appropriate or eligible
person to accept delivery or sign for the Package.

k. The Shipment was undeliverable (see Section 18 (Undeliverable Shipments)) or
returned.

l. It regards a request for invoice adjustment based on overcharges.

m. The Sender or Recipient specifies a customs broker other than FedEx or the
FedEx designated broker in case of FedEx International Broker Select shipments.

19.4    Refund or Credit Requests. Failure to comply with any of the following
conditions, including providing notice in the manner and within the stated time
limits, will result in the denial of Sender’s refund or credit request, as a
consequence of which Sender cannot recover compensation for a Service Failure:

a. Time Limits for Notice of a Request. FedEx must receive notice of a request
for a refund or credit of Transportation Charges via one of the approved
channels within 15 days after the invoice date (or the ship date if paid for up
front).

b. Required Information. All notices of a Service Failure must include Sender’s
FedEx Account Number, if any; the Air Waybill or FedEx tracking number; the date
of the Shipment and complete and accurate Recipient information.

c. Methods of Request Submission. The payer may request a refund or credit of
Transportation Charges due to a Service Failure by email, fedex.com, or by
calling FedEx customer service. Methods may vary based on Shipment location. Any
deviation from these methods of request submission will not be considered valid.
For example, partial payment against an invoice is not considered a request for
an invoice adjustment or notice of a refund request.     

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20. LIMITS OF LIABILITY

20.1    Standard Limit of Liability for Transportation Services. FedEx’s
liability for loss, damage or delay in connection with the provision of
Transportation Services will be limited to the amount provided by the applicable
Convention (unless the Sender declares a higher value for carriage and pays the
required fee as per Section 20.3 and 20.4). FedEx will also apply such limit to
all claims arising out of the provision of domestic Transportation Services in
the absence of any mandatory or lower liability limits in the applicable
national transport laws (unless the Sender declares a higher value for carriage
and pays the required fee as per Section 20.3 and 20.4). FedEx’s liability for
proved loss, damage, delay or any other claim in connection with the Shipment
will in any event not exceed the Shipment’s repair cost, its depreciated value
or its replacement cost, whichever is less. FedEx is entitled to require
independent proof of the value of the contents of a Shipment for which a claim
is made.

20.2    Limits of Liability for Other Claims. If not governed by Section 20.1
(Standard Limit of Liability for Transportation Services), FedEx’s liability for
loss, damage, delay or any other claim in connection with the provision of
Ancillary Services, or other breach of contract is limited to 3.40 Euros per
kilogram, in all cases not exceeding a maximum liability of 10,000 Euros per
event or series of connected events.  

20.3    Maximum Liability: Declared Value for Carriage. FedEx does not provide
cargo liability or all-risk insurance, but the Sender may elect to pay an
additional charge to specify a Declared Value for Carriage on the Air Waybill,
above the limits stated in the preceding Sections 20.1 and 20.2. If the Sender
makes such an election, the following conditions apply: 

a. The Declared Value for Carriage represents FedEx’s maximum liability in
connection with the Shipment and cannot be greater than the Declared Value for
Customs stated on the Air Waybill.

b. Exposure to and risk of any loss in excess of the Declared Value of Carriage
is assumed by the Sender.

c. A fee will be assessed for each US$100 (or fraction thereof) by which the
Declared Value for Carriage exceeds the otherwise applicable standard limits of
liability, as set out above, up to the maximum amounts set out below. The Sender
should refer to the FedEx rate sheets in effect at the time of Shipment, or call
FedEx for more information on the additional charge.

d. Regardless the Declared Value for Carriage, FedEx’s liability for proved
loss, damage, delay or any other claim in connection with the Shipment will not
exceed the Shipment’s repair cost, its depreciated value or its replacement
cost, whichever is less. FedEx is entitled to require independent proof of the
value of the contents of a Shipment for which a claim is made.

e. The maximum Declared Value for Customs and Carriage is limited, may vary per
location, and is not offered in all countries and territories. The maximum
Declared Value for Customs for the contents of a FedEx Envelope or FedEx Pak,
regardless of destination, is US$500 per Shipment. The maximum Declared Value
for Carriage for the contents of a FedEx Envelope or FedEx Pak, regardless of
destination, is US$100 per Shipment. Goods with an actual or declared value
exceeding these amounts should not be shipped in a FedEx Envelope or FedEx Pak.

f. Unless otherwise specified by FedEx, the maximum Declared Value for Carriage
is US$50,000 per Shipment, except for Freight Transportation Services, which
have a maximum Declared Value for Carriage limit of US$100,000 per Shipment.

g. No compensation is available for (i) losses of a consequential nature, or
(ii) delays or loss arising as a result of the Sender’s breach of its
obligations under these Conditions.

h. No compensation is available for losses relating to Ancillary Services.

i. Any attempt to declare a value for carriage or customs in excess of the
maximum amounts allowed in these Conditions is null and void. Such declared
value automatically will be reduced to the authorized limits for the Shipment.
FedEx’s acceptance for carriage of any Shipment bearing a declared value in
excess of the maximum amounts allowed does not constitute a waiver of any
provision of these Conditions. FedEx cannot honor requests to change the
declared-value information on the Air Waybill after tender to FedEx.

j. When the Sender has not specified the Declared Value for Carriage of each
individual Package on the Air Waybill but has specified a total declared value
for the Shipment as a whole, the declared value of each Package will be
determined by dividing the total declared value by the number of Packages on the
Air Waybill. In no event may the declared value of any Package in a Shipment
exceed the declared value of the Shipment.

20.4    Unique Items. FedEx’s liability for Shipments containing Unique Items,
whether in whole or in part, is limited to a maximum Declared Value for Carriage
of US$1,000 per Shipment or the limit set by the relevant Convention for
carriage of goods, whichever is greater.

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21. LIABILITIES NOT ASSUMED

21.1    FedEx assumes no liability for:

a. Subject to further limitations set out in these Conditions, any damages in
excess of the Declared Value for Carriage (as limited by Section 20.3 (Maximum
Liability: Declared Value for Carriage)) or the limitation of liability as set
forth in the applicable Convention or, for Shipments from and between specified
locations within one country, by the applicable mandatory local law, whichever
is greater, whether or not FedEx knew or should have known that such damages
might be incurred;

b. Special, incidental, consequential or indirect loss or damage, including to
costs of alternative transport, loss of income, revenue, use or profits,
anticipated savings, goodwill or loss of opportunity; and

c. Losses or delays in certain circumstances set forth in Section 19.3
(Money-Back Guarantee – Exclusions).

21.2    Sender assumes all exposure to and risk of any loss, damage or delay
beyond that expressly assumed by FedEx in these Conditions. The Sender should
arrange for its own insurance cover if desired. FedEx does not provide insurance
cover.

21.3    FedEx assumes no liability, nor will FedEx make any adjustment, refund,
or credit of any kind for, any loss, damage, delay, mis-delivery, non-delivery,
misinformation or failure to provide information, caused by or resulting from
any of the following events (not an exhaustive list):

a. the act, default, or omission of the Sender, Recipient or any other party
with an interest in the Shipment;

b. the nature of the Shipment or any defect, characteristic or inherent vice or
fragility thereof;

c. violation of these Conditions, or other terms and conditions applicable to
the Shipment including shipping a Prohibited Item, dangerous goods, the
incorrect declaration of the cargo, securing, marking or addressing of
Shipments;

d. violation of U.S. or other applicable export control or sanctions laws and/or
regulations; 

e. fines, penalties, or other financial sums levied against Sender or Recipient
by any regulatory authority or third party;

f. any events beyond the control of FedEx including a pandemic or epidemic,
perils of the air, public enemies, public or regulatory authorities acting with
apparent or actual authority, acts or omissions of customs officials, riots,
strikes or anticipated strikes, or other local disputes, civil commotion,
hazards incident to a state of war or weather conditions, or national,
international or local disruptions in air or ground transportation networks,
criminal acts of any person(s) or entities including acts of terrorism, natural
disasters, disruption or failure of communication and information systems
(including FedEx systems), mechanical delay or conditions that present a danger
to FedEx personnel;

g. improper or insufficient packing, including the Sender’s failure to use
packaging approved by FedEx where such approval is sought, recommended or
required. In particular, computers, electronics, fragile items and alcohol must
be packaged in accordance with FedEx guidelines, available on fedex.com.
Provision of packaging, or advice, assistance or guidance on the appropriate
packaging of Shipments by FedEx does not constitute acceptance of liability by
FedEx, unless FedEx expressly states otherwise in writing;

h. compliance with verbal or written delivery instructions from the Sender,
Recipient or persons claiming to represent the Sender or Recipient;

i. delay in delivery caused by adherence to FedEx policies regarding the payment
of Charges;

j. the inability of FedEx to provide a copy of the delivery record or a copy of
the signature obtained at delivery;

k. the erasure of data from or the loss or irretrievability of data stored on
magnetic tapes, files or other storage media, or erasure or damage of
photographic images or soundtracks from exposed film;

l. FedEx’s failure to honor "package orientation" graphics (e.g., "UP" arrows,
"THIS END UP" markings);

m. FedEx’s failure or delay to notify the Sender or Recipient of any delay, loss
or damage to a Shipment, incomplete, incorrect or inaccurate Recipient’s or
customs broker’s address, incorrect, incomplete or missing documentation, or
non-payment of duties and taxes necessary to release a Shipment;

n. loss of or damage to any individual item for which FedEx has no verifiable
record of receipt, including in circumstances where, at the time of providing
the Shipment to FedEx, goods have been pre-loaded into a trailer, palletised or
packaged in such a way that the number of items or contents of the Shipment
cannot reasonably be checked;

o. the loss of any personal or financial information, including social security
numbers, dates of birth, driver’s license numbers, credit or debit card numbers
and financial account information;

p. the Sender’s failure to delete all Shipments entered into a FedEx shipping
system or device when the Shipment is not tendered to FedEx;

q. damages indicated by any shockwatch, tiltmeter or temperature instruments;
and  

r. failing to meet the Delivery Commitment Time for any Shipments with an
incomplete or incorrect address (see Section 18 (Undeliverable Shipments)).

21.4    If FedEx is not liable, including for any liability that exceeds the
liability expressly assumed by FedEx in these Conditions, the Sender will be
liable and agrees to indemnify FedEx and hold FedEx harmless for any damage
caused by the Shipment to FedEx or to a third party or from any claim by a third
party, notably the Recipient.

21.5    Any payment made by FedEx pursuant to a claim of the Sender or of a
third party will not be deemed to constitute an acceptance of liability, nor
constitute a waiver of the provisions contained in this Section 21.

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22. NO WARRANTIES

Save as expressly set out herein FedEx makes no warranties, express or implied.

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23. CLAIMS

FedEx will only accept submission of a claim relating to a Shipment, other than
a Service Failure (see Section 19 (Money-Back Guarantee)), if the claimant
complies with any applicable Convention and the following procedure, failing
which no claim may be brought against FedEx:

23.1    Providing Notice of a Claim. All claims must be notified to FedEx within
the following time limits:

a. Claims due to damage (visible or concealed), delay (including spoilage
claims) or missing contents, within 21 days after delivery of the Shipment.
Receipt of the Shipment by the Recipient without such notice of damage on the
delivery receipt is prima facie evidence that the Shipment was delivered in good
condition.

b. All other claims, including claims for loss, non-delivery or mis-delivery,
within nine months after the Shipment was handed over to FedEx.

All such claims must be notified either at the moment of delivery on the
applicable delivery record, via fedex.com or by contacting FedEx customer
service.

23.2    Required information. All notices of claim must include complete Sender
and Recipient information, as well as the FedEx tracking number, date of
Shipment, number of pieces, and Shipment weight.  Within nine months after the
Shipment was handed over to FedEx, the claim must be completely documented by
sending all relevant supporting documentation to FedEx (e.g. purchase invoices,
estimates for repair). As a pre-condition for FedEx considering any claim for
damage, the Recipient must make the contents, original shipping cartons and
packaging available for inspection by FedEx, either at the Recipient’s premises
or at a FedEx facility, until the claim is concluded.

23.3    Limitations. FedEx is not obligated to act on any claim until all
Charges have been paid; the claimant cannot deduct the claim amount from those
Charges. Only one claim can be filed in connection with a Shipment. Acceptance
of payment of a claim will extinguish any right to recover further damages or to
claim further compensation in connection with that Shipment. Senders or
Recipients whose Packages were tendered to FedEx through a package consolidator
do not have any right to legal or equitable relief against FedEx.

23.4    Legal Actions. The right to claim damages for an action arising out of
carriage from FedEx will be barred unless the claim is brought before an
authorized court within two years from the actual date of delivery (in case of
damage, shortage or delay) or the expected date for delivery (in case of loss,
non-delivery, or mis-delivery), or within any applicable statute of limitations,
whichever is shorter.

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24. SUBCONTRACTING

FedEx reserves the right to subcontract the whole or part of any of the
Services.

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25. DATA PROTECTION

25.1 Terms such as ‘controller’, ‘personal data’, ‘data subject’ and
‘processing’ shall have the meaning ascribed to them in the General Data
Protection Regulation (EU) 2016/679 (“GDPR”) and any other data protection laws
and regulations that apply to the processing of any personal data (“Personal
Data”) under these Conditions (collectively “Data Protection Law”).

25.2    FedEx and Sender acknowledge that they are both controllers in their own
right with respect to the processing of any Personal Data by or between parties
under these Conditions.

25.3    In relation to the processing of any Personal Data under these
Conditions, Sender represents to have complied with Data Protection Law,
including providing the data subjects with the information in accordance with
Data Protection Law, providing the information as contained in the FedEx Privacy
Notice at fedex.com and obtaining a legal ground in accordance with Data
Protection Law, such as the performance of the contract, legitimate interests or
consent.

25.4    Sender indemnifies FedEx in respect of all costs, claims, damages and
expenses suffered or incurred by FedEx in connection with Sender's failure to
comply with this Section 25.

25.5    Sender represents that the legal ground as set out under Section 25.3
(also) allows any transfer of Personal Data to FedEx, its affiliates, branches,
counsels, auditors or any third parties engaged by FedEx to perform its
obligations to Sender under these Conditions in any country both inside and
outside of the European Economic Area (“EEA”).

25.6    Any transfer of Personal Data from Sender to FedEx, or vice versa, from
the EEA or Switzerland to a country outside of the EEA or Switzerland is subject
to the standard contractual clauses controller-to-controller (Decision (EU)
2021/914 – Module I) (“SCCs”) as meant in article 46(2)(c) GDPR, which are
available here:
https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32021D0914&from=EN.
For this purpose, the SCCs are fully incorporated into these Conditions by
reference. By accepting these Conditions, parties (a) are deemed to have signed
the SCCs (b) agree to the full content of the SCCs and (c) shall comply with the
conditions therein and (d) agree that any change or subsequent Decision and/or
URL applies and replaces the Decision and/or URL as referred to in this Section
25.6. Under the SCCs, FedEx as controller will act as data exporter, also on
behalf of its affiliates, and Sender as controller will act as data importer, or
vice versa where applicable. The foregoing is without prejudice to the right of
FedEx to solely decide to use another appropriate transfer mechanism in
accordance with Data Protection Law. The Personal Data transferred may include
individual Senders’ and Recipients’ contact details, such as names and
addresses, necessary to enable the efficient provisioning of FedEx' Services,
such as the delivery of Packages and enabling track and trace functionalities,
as further or otherwise set out in these Conditions and in accordance with the
Annexes of the SCCs.

25.7    If the Court of Justice of the European Union, local supervisory
authority or similar governmental authority determines that any of the
Conditions under this Section 25 and/or the SCCs shall not or no longer be a
lawful method to facilitate transfers of Personal Data outside of the EEA or
Switzerland, parties shall negotiate in good faith an alternative method to
facilitate such transfers in a lawful manner.

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26. ENTIRE AGREEMENT

These Conditions represent the entire agreement between the parties and, subject
to Section 1 (Application), prevail over any other terms or conditions, oral or
written. These Conditions cannot be overridden except by express agreement in
writing between the parties.

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27. ASSIGNMENT

Neither the rights nor the duties of either party under these Conditions may be
assigned or delegated without the prior written consent of the other party,
except that FedEx may assign all or any part of its rights and delegate its
duties under these Conditions to any of its affiliates. Without limiting the
foregoing, these Conditions are binding upon and inure to the benefit of the
parties and their permitted successors and assigns.

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28. NON-WAIVER

Any failure by FedEx to enforce or apply a provision of these Conditions does
not constitute a waiver of that provision and does not otherwise impair FedEx’s
right to enforce such provision.

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29. MANDATORY LAW

These Conditions do not exclude any liability where the exclusion of that
liability is prohibited by law. Insofar as any provision contained or referred
to in these Conditions may be contrary to any applicable mandatory international
treaty, local law, government regulations, orders, or requirements, such
provision will be limited to the maximum extent permitted and, as limited, will
remain in effect as part of the agreement between FedEx and the Sender. The
invalidity or unenforceability of any provision will not affect any other part
of these Conditions.

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30. GOVERNING LAW AND JURISDICTION

Save as provided by any applicable Convention, these Conditions and any disputes
arising from or related to Services performed by FedEx pursuant thereto are
subject to the laws and the courts of the country or territory where the
Shipment is accepted by FedEx for performance of the Services.

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