ELECTROBIT SA Terms and Conditions of Carriage

This is the current version as at the date of publication of this Guide. The latest version, which shall always be the applicable one for new shipments, may be found at www.ElectroBitSA.com or obtained from a ELECTROBIT SA Office.

  1. Introduction
  1. These terms and conditions (“terms”) set out the basis on which ELECTROBIT SA will transport packages, documents and envelopes (“packages”) and palletized goods (“pallets”; pallets and packages are together “shipments”). These terms are supplemented by the current applicable ELECTROBIT SA Service and Tariff Guides (“the Guides”). The Guides contain important details about the services of ELECTROBIT SA which the shipper should read and which form part of the agreement between ELECTROBIT SA and the shipper.
  2. The term “ELECTROBIT SA” will mean and the shipper’s contract will be with the ELECTROBIT SA authorized service contractor, or the ELECTROBIT SA entity if existing, in the country where the shipment is presented for carriage, who may be contacted c/o 5 Avenue Ariane, 1200 Brussels, Belgium (although this shall not be taken in itself as choosing domicile or conferring jurisdiction on any court). That company will also be the (first) carrier of the goods for the purposes of the Conventions referred to in paragraph C.
  3. Where carriage by air involves an ultimate destination or stop outside the country of origin the Warsaw Convention may apply. The Warsaw Convention governs and in most cases limits the liability of carriers in respect of loss of or damage or delay to cargo. (For the purpose of these terms the phrase “the Warsaw Convention” means (i) the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12th October 1929 or (ii) that Convention as amended or supplemented by any protocol or supplementary convention or (iii) the Montreal Convention 1999, whichever is applicable.) Notwithstanding any clause to the contrary, international carriage by road may be subject to the provisions of the Convention on the Contract for the International Carriage of Goods by Road signed at Geneva on 19th May 1956 (“the CMR Convention”).
  4. A shipment may be carried via any intermediate stopping places that ELECTROBIT SA deems appropriate. ELECTROBIT SA may engage sub-contractors to perform services and contracts both on its own behalf and on behalf of its servants, agents and sub-contractors each of whom shall have the benefit of these terms.
  5. In these terms, “Waybill” shall mean a single ELECTROBIT SA waybill/consignment note or the entries recorded against the same date, address and service level on a pick-up record. All packages or pallets covered under a Waybill shall be considered a single shipment.
  1. Scope of Service
    Unless any special services are agreed, and subject to these terms, the service to be provided by ELECTROBIT SA is limited to the pick up, transportation, customs clearance where applicable and delivery of the shipment. The shipper acknowledges that shipments will be consolidated with those of other shippers for transport and that ELECTROBIT SA may not monitor the inbound and outbound movement of individual shipments at all handling centres.

ELECTROBIT SA is not a common carrier and reserves the right in its absolute discretion to refuse carriage to any shipment tendered to it for transportation.

  1. Conditions of Carriage
    This section sets out various restrictions and conditions which apply to the carriage of shipments by ELECTROBIT SA. It also explains what the consequences are of the shipper presenting shipments for carriage which  do not meet these requirements.

3.1 Service Restrictions and Conditions

Shipments must comply with the restrictions in paragraphs (i) to (iv) below.

  1. (i)  Packages must not weigh more than 31.5 kilograms (or 70 lbs) or 70 kilograms (or 150 lbs) (depending on the country where the shipment is presented to ELECTROBIT SA for carriage and the country of destination, as specified in the Guides) or exceed 274 centimeters in length or a total of 400 centimeters in length and girth combined. Pallets are subject to maximum size and weight limits that vary by origin and destination, and that are set out at www.ElectroBitSA.com.
  2. (ii)  The value of any package may not exceed the local currency equivalent of USD 50,000. In addition the value of any jewellery and watches, other than costume jewellery or costume watches, in a package shall not exceed the local currency equivalent of USD 500. The value of any pallet may not exceed the local currency equivalent of USD 100,000.
  3. (iii)  Shipments must not contain any of the prohibited articles listed in the Guides including (but not limited to) articles of unusual value (such as works of art, antiques, precious stones, stamps, unique items, gold or silver), money or negotiable instruments (such as cheques, bills of exchange, bonds, savings books, pre-paid credit cards, share certificates or other securities), firearms and dangerous goods.
  4. (iv)  Shipments must not contain goods which might endanger human or animal life or any means of transportation, or which might otherwise taint or damage other goods being transported by ELECTROBIT SA, or the carriage, export or import of which is prohibited by applicable law.

The shipper shall be responsible for the accuracy and completeness of the particulars inserted in the Waybill and for ensuring that all shipments set out adequate contact details for the shipper and receiver of the shipment and that they are so packed, marked and labelled, their contents so described and classified and are accompanied by such documentation as may (in each case) be necessary to make them suitable for transportation and to comply with the requirements of the Guides and applicable law. Unless a different service level is clearly selected on the Waybill or other applicable ELECTROBIT SA shipping documentation, shipments will be carried under the Express (or Express Freight) service (where available to the selected destination) and all applicable charges will be calculated accordingly.

The shipper guarantees that all shipments presented for carriage under these terms comply with the restrictions in paragraphs (i) to (iv) above and have been prepared in secure premises, by him (in the case of an individual shipper) or by reliable staff employed by him or (where different) by the party tendering the shipment to ELECTROBIT SA and have been protected against unauthorized interference during their preparation, storage and transportation to ELECTROBIT SA. ELECTROBIT SA relies on this guarantee in accepting any shipment for carriage hereunder. Any other shipments are excluded from carriage.

  1. 3.2  Perishable and temperature sensitive goods will be transported provided that the shipper accepts that this is at its risk. ELECTROBIT SA does not provide special handling for such shipments.
  2. 3.3  Refusal and Suspension of Carriage
    1. (i)  If it comes to the attention of ELECTROBIT SA that any shipment does not meet any of the above restrictions or conditions or that any COD amount stated on a COD Waybill exceeds the limits specified in paragraph 8, ELECTROBIT SA may refuse to transport the relevant shipment (or any relevant part thereof) and, if carriage is in progress, ELECTROBIT SA may suspend carriage and hold the shipment (or any relevant part thereof) to the shipper’s order.
    2. (ii)  ELECTROBIT SA may also suspend carriage if it cannot effect delivery, if the receiver refuses to accept delivery, if it is unable to effect delivery because of an incorrect address (having used all reasonable means to find the correct address) or because the correct address is found to be in another country from that set out on the shipment or Waybill or if it cannot collect amounts due from the receiver on delivery.
    3. (iii)  Where ELECTROBIT SA is entitled to suspend carriage of shipment (or any relevant part thereof), it is 2 also entitled to return it to the shipper at its own discretion.

3.4 The shipper must pay and indemnify ELECTROBIT SA for any reasonable costs and expenses (including storage), incurred by ELECTROBIT SA, any losses, taxes and customs duties ELECTROBIT SA may incur and all claims made against ELECTROBIT SA because (i) a shipment does not meet any of the restrictions, conditions or representations in paragraph 3.1 above (ii) of any refusal or suspension of carriage or return of a shipment (or part thereof) by ELECTROBIT SA which is allowed by this paragraph 3., or (iii) of a failure by the shipper to comply with these terms. In the case of the return of a package or shipment (or part thereof), the shipper will also be responsible for paying all applicable charges calculated in accordance with the prevailing commercial rates of ELECTROBIT SA.

3.5 If the shipper tenders to ELECTROBIT SA a shipment which fails to comply with any of the restrictions or conditions in paragraph 3.1 above without ELECTROBIT SA’s express written consent, ELECTROBIT SA will not meet any loss howsoever arising which the shipper may suffer in connection with the carriage by ELECTROBIT SA of such shipment (regardless of whether that failure to comply has caused or contributed to the loss and notwithstanding any negligence, except willful misconduct, of ELECTROBIT SA or any negligence, including willful misconduct, of its employees, contractors or representatives) and, if ELECTROBIT SA does suspend carriage for a reason allowed by these terms, the shipper shall not be entitled to any refund on the carriage charges it has paid. ELECTROBIT SA may bring a claim in respect of such non-compliance.


3.6 If, having suspended carriage of a shipment (or any relevant part thereof) in accordance with these provisions, ELECTROBIT SA is unable within a reasonable time to obtain the shipper’s instructions on its disposition or to identify the shipper or any other person entitled to the goods (having if necessary opened the shipment), ELECTROBIT SA shall be entitled to destroy or sell the shipment (or any relevant part thereof), at its absolute discretion. The proceeds of any such sale shall first be applied to any charges, costs or expenses (including interest) outstanding in respect of shipment or otherwise from the shipper concerned. Any balance shall be held to the shipper’s order.

3.7 Unless prohibited by law, ELECTROBIT SA reserves the right, but is not obliged, to open and inspect or scan by means of x-ray any shipment tendered to it for transportation at any time.

  1. Customs Clearance
    When a shipment requires customs clearance, it is the shipper’s obligation to provide, or to ensure that the receiver will provide, ELECTROBIT SA with complete and accurate documentation for the purpose but ELECTROBIT SA will unless instructed otherwise act on behalf, at the expense and at the risk of the shipper or receiver in obtaining customs clearance.

Provided that, in the case of shipments whose points of dispatch and destination are both within the same customs area, ELECTROBIT SA only performs customs clearance if instructed to do so. The shipper also agrees that ELECTROBIT SA may be considered as being the receiver of package or the shipment for the sole purpose of appointing a customs broker to carry out any customs clearance, in so far as allowed by law.

  1. Payment

5.1 The rates for carriage and other services are set out in the Guides and unless paid before shipment, all charges must be paid within 7 days of receipt of invoice or within such other period as the shipper may have agreed in writing with ELECTROBIT SA. ELECTROBIT SA may verify the actual and/or dimensional weight of shipments and, if greater than the declared weight, invoice on such basis. Unless proved otherwise, an invoice shall be considered for this purpose to have been received three business days following the date of invoice.

5.2 If a) ELECTROBIT SA is required to pay any taxes, duties or levies on behalf of the shipper, receiver or a third party, b) the selected billing option indicates that the receiver or a third party should pay any charges, or (c) any taxes, duties, penalties, charges or expenses are imposed, rightly or wrongly by government authorities, or incurred by ELECTROBIT SA due to any circumstances, including any failure by the shipper or the receiver to provide correct information and documentation or any permits or licenses required in connection with carriage, the shipper shall be jointly and severally liable to ELECTROBIT SA with the receiver and such third parties for such amounts. In each case where the selected billing option indicates payment is to be charged, at first, to the receiver or any third party, ELECTROBIT SA will (without prejudice to the shipper’s contractual liability for payment), first demand payment of the relevant amount from the receiver and/or, where applicable, the third party. If the amount in question is not immediately paid to ELECTROBIT SA in full by any of the above parties, the amount will be payable by the shipper on first written demand. In any other cases, the shipper hereby undertakes to pay the mentioned amounts to ELECTROBIT SA at first request. ELECTROBIT SA shall not be obliged to separately file a claim against the receiver or any third party for payment. In case of doubt, the burden of proving that the amount has been paid lies on the shipper.

5.3 Any sum payable to ELECTROBIT SA which is overdue will bear interest at a rate of 2% above the interbank overnight lending rate applicable on the due date in the country where the package is presented to ELECTROBIT SA for carriage from the due date to the date ELECTROBIT SA receives payment whether before or after judgment. In addition, ELECTROBIT SA reserves the right to charge a late payment administration fee up to a maximum of the local currency equivalent of 40 EUR per invoice.

5.4 If any sum is not paid by the shipper, receiver or some other party under these terms, ELECTROBIT SA may hold any shipments it is carrying (or part thereof) until it receives payment in full or may sell them and use the proceeds to make good the debt to it in accordance with applicable local law. Any unpaid balance will remain payable.

5.5 ELECTROBIT SA’s rates for carriage set out in the Guide are calculated only for the carriage of shipments which do not exceed in value the amounts set out in paragraph 3.1(ii) (or other applicable value, if lower). In the event that ELECTROBIT SA becomes aware that it has carried a shipment which, without ELECTROBIT SA’s express written consent, exceeds this value, then, in addition to the otherwise applicable rates and charges and any other remedies under these


terms, an additional carriage charge equivalent to 5% of the value of the shipment in excess the relevant amount set out in paragraph 3.1(ii) is applicable.

  1. Interruption of Service

If ELECTROBIT SA is unable to start or continue with carriage of the shipper’s shipment for a reason beyond its control, ELECTROBIT SA will not be in breach of its agreement with the shipper but will take all steps that are reasonably practicable in the circumstances to commence or continue the carriage.
Examples of events beyond ELECTROBIT SA’s control are disruption to air or ground transportation due to bad weather, fire, flood, war, hostilities, civil disturbance, acts of government or other authorities (including, without limitation, customs), labor disputes or obligations affecting ELECTROBIT SA or some other party, delays in customs clearance and/or delays or other issues arising out of or otherwise related to the UK ceasing to be a member of the EU.

  1. Money Back Guarantee

For certain services and destinations, ELECTROBIT SA offers a money back guarantee on the shipping charges. Details of its applicability, terms and conditions and of the corresponding delivery and latest pick up time for the relevant service and destination are as set out in the Guides and on the ELECTROBIT SA website (www.ElectroBitSA.com) each as current at the time the goods are accepted for carriage and can also be confirmed by contacting the shipper’s local ELECTROBIT SA call centre. For the avoidance of doubt, the liability of ELECTROBIT SA under the money back guarantee is limited to the above and the guarantee does not otherwise constitute any form of undertaking or representation that the shipment will arrive by any particular time.

  1. Collect on Delivery (COD)

For certain destinations and services as advised by the local ELECTROBIT SA call centre, ELECTROBIT SA offers a COD service on payment of an additional charge as set out in the Guides. If the shipper makes use of this service, subject to the provisions set out below (including those relating to currency conversion) ELECTROBIT SA will collect on behalf of the shipper the COD amount stated on the Waybill. This service is not available for pallets.

COD amounts must be specified on the Waybill in either EUR or, if different, the currency of the country of destination. Where any of the COD amounts specified on the Waybill, collected from the receiver and/or paid to the shipper are in different currencies from each other, the conversion(s) will be made at such exchange rate(s) as ELECTROBIT SA may reasonably determine.

ELECTROBIT SA does not accept responsibility for any currency exchange risks.

8.1 Cash COD – Where ELECTROBIT SA is instructed on the Waybill in accordance with applicable ELECTROBIT SA guidelines to accept cash only, ELECTROBIT SA will collect only cash, in the currency of the country of destination. Where cash is collected, the maximum amount collectible in that form on behalf of a shipper shall be the local currency equivalent of USD 5,000 per receiver per day. Notwithstanding the previous rule, the amount collectible in cash on behalf of a shipper from receivers located in the following countries for COD shipments may not exceed the respective amounts per receiver per day: Austria: EUR 3,500; Belgium: EUR 3,000; Denmark: DKK 20,000; Germany: EUR 3,500; Spain: EUR 1,000; Greece: EUR 499; Portugal: EUR 1,000; Italy: EUR 999,99; France: EUR 1,000; Romania: RON 10,000 for individuals, RON 5,000 for legal entities; Sweden: SEK 3,000, Switzerland: CHF 3,500; Poland: 15,000 PLN. If the shipper specifies a COD amount that exceeds these limits, ELECTROBIT SA will automatically be entitled to accept cheques for the whole or any part of that amount.

Further limitations may apply in certain countries from time to time; details of such limitations will be set out either in the Guides or at the ELECTROBIT SA Website (www.ElectroBitSA.com).

8.2 Cheque COD – If the Waybill does not clearly (and in accordance with applicable ELECTROBIT SA guidelines) instruct ELECTROBIT SA to accept only cash, ELECTROBIT SA may accept payment either in cash (subject to the restrictions in paragraph 8.1) or by any kind of cheque made out to the shipper that is recognized in the country of destination of the shipment. Where ELECTROBIT SA accepts cheques the maximum amount collectible in any form shall not exceed the equivalent of USD 50,000 per package (or other applicable value, if lower). Where ELECTROBIT SA is permitted to accept a cheque, it may collect a cheque denominated in either EUR or, if different, the local currency of the country of destination.

8.3 Payment of Collected COD Amounts – Where ELECTROBIT SA collects cash, ELECTROBIT SA will pay to the shipper an 5 equivalent amount in the local currency of the country where the shipment was presented to ELECTROBIT SA for transportation. ELECTROBIT SA may make such payments of COD amounts by either wire transfer to any bank account notified to ELECTROBIT SA by the shipper or issuing a cheque in favour of the shipper.

Any cheques in favor of the shipper, issued either by ELECTROBIT SA as set out above or by the receiver and collected by ELECTROBIT SA pursuant to paragraph 8.2, may either be forwarded to the shipper by regular mail at the shipper’s risk or handed over to the shipper or to any other person appearing to have authority to accept the cheque on the shipper’s behalf. In the event of non-receipt by the shipper of COD amounts, the shipper must notify ELECTROBIT SA in writing within 45 days of the date of delivery of the shipment concerned.

8.4 The shipper will indemnify ELECTROBIT SA for all losses, expenses or any claims made against ELECTROBIT SA by the receiver or a third party, arising where ELECTROBIT SA does not deliver a shipment because the receiver does not pay the COD amount in the appropriate form or refuses to accept the shipment.

8.5 The liability of ELECTROBIT SA in respect of the amount to be collected shall not exceed either the applicable maximum amount collectible under these terms or the COD amount indicated on the Waybill, whichever is the lesser. Further, the COD amount shall not in any event exceed the value of the goods at their destination plus applicable carriage charges. For the avoidance of doubt, a COD amount does not constitute declaration of a value for the purpose of paragraph 9.4 or otherwise and therefore shall not affect the liability of ELECTROBIT SA for any loss, damage or delay to the goods themselves.

ELECTROBIT SA does not accept any responsibility for any dishonest or fraudulent acts on behalf of the receiver including, but not limited to, presenting a fraudulent cheque or one which is later dishonored, or for cheques incorrectly completed by the receiver.

  1. Liability

9.1 Where the Warsaw or CMR Conventions or any national laws implementing or adopting these conventions apply (for convenience referred to as Convention Rules) or where (and to the extent that) other mandatory national law applies, the liability of ELECTROBIT SA is governed by and will be limited according to the applicable rules.

9.2 Where Convention Rules or other mandatory national laws do not apply, ELECTROBIT SA will only be liable for failure to act with reasonable care and skill and its liability shall be exclusively governed by these terms and (save in the case of personal injury or death) limited to proven damages of the local currency equivalent of USD 100 per shipment, unless a higher value has been declared by the shipper under paragraph 9.4 below.

9.3 If the claimant (or any person from whom he derives his right to claim) has caused or contributed to any loss, damage or delay to a package or pallet, any liability ELECTROBIT SA may incur in respect thereof (limited as above) may be reduced or extinguished in accordance with the law applicable to such contributory negligence.

9.4 Subject to the provisions of paragraph 9.5, the shipper may obtain the benefit of a greater limit of liability than ELECTROBIT SA provides under paragraph 9.2 above or than may be provided by Convention Rules or other mandatory national law.

The shipper may do so by declaring a higher value on the Waybill and paying an additional charge as stated in the Guides. If the shipper declares a higher value for carriage and pays the applicable charge, then ELECTROBIT SA’s liability shall be limited to proven damages not exceeding the sum so declared. The value of the goods concerned shall not in any event exceed the limits specified in paragraph 3.1(ii).

9.5 Save where mandatory provisions of the applicable laws require otherwise, ELECTROBIT SA does not accept responsibility for lost profits (lucrum cessans) and indirect or consequential damages such as but not limited to purely economic losses, loss of business opportunities or loss of sales or loss of goodwill.

ELECTROBIT SA shall not be liable for any damage to or loss of any packaging. 10. Delivery

ELECTROBIT SA may deliver a shipment to the receiver or to any other person appearing to have authority to accept delivery of the shipment on the receiver’s behalf (such as persons at the same premises as the receiver). If no such person is available, the package may be left in the receiver’s letter box, if suitable, or delivered to a neighbor, unless the shipper has excluded such delivery options by using the applicable additional service. The receiver shall be informed of any alternate delivery arrangements (or redirection to a ELECTROBIT SA Access Point®) by note left at their premises.

Notwithstanding the previous paragraph, and unless otherwise agreed with the shipper, ELECTROBIT SA may apply any 6

alternative delivery methods chosen by the receiver in accordance with the ELECTROBIT SA My Choice® Service Terms or any other agreement between ELECTROBIT SA and the receiver. Such alternative delivery methods include, without limitation, redirecting delivery of a package to an alternate address (including a ELECTROBIT SA Access Point), authorizing the driver to leave a package at the receiver’s premises, modifying a service selected by the shipper or rescheduling delivery. The shipper also agrees the receiver may receive delivery information regarding a package. The shipper expressly waives any claim it may have against ELECTROBIT SA arising from ELECTROBIT SA following any such instructions provided by the receiver.

ELECTROBIT SA may use an electronic device to obtain proof of delivery and the shipper agrees that it will not object to ELECTROBIT SA relying on a printed copy of this as evidence merely on the grounds that the information concerned is obtained and stored in electronic form.

Save where Convention Rules or other mandatory national laws require otherwise, ELECTROBIT SA accepts no responsibility in any circumstances to suspend carriage, redirect delivery (whether to a different receiver or address from that named on the Waybill) or return a shipment to its shipper and, in the event that it should attempt but fail to do so, shall have no liability for any losses thereby occasioned.

  1. Data Protection

11.1 ELECTROBIT SA has the right to process data provided by the shipper or receiver in connection with carriage by ELECTROBIT SA, to transfer such data to other group companies and contractors of ELECTROBIT SA, including in other countries which may not have the same level of data protection as the country where the shipment is presented to ELECTROBIT SA, and to have it processed there if and to the extent the transfer and processing of the data in such countries is required for performing the agreed shipment services.

The shipper warrants that it (i) has obtained personal data the shipper provided to ELECTROBIT SA for the shipment lawfully, (ii) is authorized to provide such data to ELECTROBIT SA, including if and to the extent the transfer and processing of the data in such countries is required for performing the agreed shipment services, and (iii) has obtained informed and specific consent from such receiver that ELECTROBIT SA may send e-mail and other notifications related to the agreed shipment services to the receiver.

ELECTROBIT SA uses the shipper’s personal data provided by the shipper in accordance with the ELECTROBIT SA Privacy Notice.

11.2 Furthermore, the shipper warrants that he has duly informed the receiver that ELECTROBIT SA may use the receiver’s personal data in accordance with the above linked ELECTROBIT SA Privacy Notice in effect at the time of shipping with regard to uses other than those specified in subsection 11.1 above.

  1. Claims Procedure – Prescription

All claims against ELECTROBIT SA must be notified in writing as soon as reasonably practicable and in any event within 14 days of receipt in the case of damage (including partial loss of a shipment) and in the case of loss within 60 days of the goods being consigned with ELECTROBIT SA for carriage. In addition, all claims against ELECTROBIT SA in connection with any shipment shall be prescribed and barred by expiration of time, unless legal proceedings are brought and written notice of them is given to ELECTROBIT SA within eight months after delivery of the goods concerned or, in the case of non-delivery, within eight months from the scheduled date for delivery. This term shall not affect any rights the shipper may have under Convention Rules or other mandatory national laws.

  1. Entire Agreement & Severability

It is the intention of ELECTROBIT SA that all the terms of the contract between it and the shipper are contained in this document and in the Guides. If the shipper wishes to rely on any variation to these terms, it must ensure that that is recorded in writing and signed by the shipper and on behalf of ELECTROBIT SA before the shipment is accepted for carriage by ELECTROBIT SA. If any part of these terms are not enforceable, this will not affect the enforceability of any other part.

  1. Governing LawThese terms shall be governed by the laws of the country where the shipment is presented to ELECTROBIT SA for carriage.