General Terms and Conditions of DPD (Schweiz) AG

General Terms and Conditions of DPD (Schweiz) AG
1. Scope of application
1.1. These General Terms and Conditions (GTC) govern relations between the customers (‘customers’) and DPD (Schweiz) AG (‘DPD’),
and apply to the pick-up, shipment, sorting, storage and delivery of parcels as well as for all associated services. The range of
products and services available is described in the most recent brochures and product sheets.
1.2. The contracting parties are the customer commissioning the shipment (‘the customer’) and DPD. DPD can render its services itself or
contract these out to third parties. A contract between DPD and the customer becomes effective at the latest when a parcel is
accepted for shipment by DPD or by a third party engaged by DPD.
1.3. The customer acknowledges that the GTC apply for all methods of placing an order without it being necessary to again make explicit
reference to the GTC.
1.4. The conditions of carriage are based on the products and additional services, as well as on the originating country, country of transit
and destination country. The options for combining products and additional services are listed in the DPD service portfolio.
1.5. In the case of cross-border services, these GTC are additionally governed, to the extent applicable, by the provisions of the
Convention on the Contract for the International Carriage of Goods by Road (hereinafter referred to as CMR), the Convention for the
Unification of Certain Rules Relating to International Carriage By Air (hereinafter referred to as the Warsaw Convention), as well as
the Convention for the Unification of Certain Rules for International Carriage by Air (hereinafter referred to as the Montreal
Convention).
2. The parcel
2.1. Within Switzerland and for shipping with DPD CLASSIC (Road) within Europe DPD accepts Maxi parcels up to a maximum weight of
35 kg, a maximum combined dimension (circumference plus length) of 4 m and a maximum length of 2.20 m. For all other services,
the DPD standard maximum limits apply: weight up to 31.5 kg weight, combined dimension up to 3.00 m and length up to 1.75 m.
2.2. The parcel must be packed in accordance with DPD’s guidelines. The packaging must be appropriate to the goods being transported.
The selected external and internal packaging materials must able to withstand the stresses caused by automatic sorting equipment
and mechanical handling. The packing has to be able to withstand a drop height of 80 cm without damaging the goods.
2.3. The customer is responsible for addressing the parcel with a deliverable consignee address, identifying the parcel with a DPD parcel
label and presenting the customs documents. In the case of undeliverable consignee addresses, such as P.O. box addresses, the
procedure set out in Art 3.1.8 shall be followed, though without making the specified three attempts at delivery. If Express services
are used, the telephone number must be given in the delivery address. If customable goods are shipped, all documents must be fixed
to the outside of the parcel. The rules for addressing and labelling parcels are given in the DPD shipping guide. This is available for
download from www.dpd.ch.
2.4. The following articles will not be shipped:
2.4.1. Parcels that are inadequately packed and marked; bundled parcels in which two or more parcels are bundled together and marked
with only one parcel label; parcels that exceed the dimensions specified in Art. 2.1;
2.4.2. Packets with special value, particularly precious metals, jewellery, precious stones, money, coins, deeds and stamps, credit, cheque
and telephone cards, all types of securities as well as antiquities and art objects;
2.4.3. Parcels whose contents could cause damage to other goods, objects, animals or persons; parcels with living contents (organic
bodies, substances and/or compounds);
2.4.4. Parcels that contain dangerous goods (especially lighters and fireworks), parcels that do not meet the requirements of international
conventions or domestic laws; hazardous goods not covered by the regulations on limited quantities (LQ) pursuant to ADR; for
shipment by air freight and shipments to/from Ticino, hazardous goods (even LQ) are generally excluded from shipment; parcels that
contain weapons, explosives or ammunition; parcels whose contents are prohibited by law;
2.4.5. Parcels requiring the collection of delivery charges, the price of the goods or their equivalent value (exceptions require agreement in
writing); dutiable goods and carnet goods (unless agreed otherwise);
2.4.6. In the case of cross-border shipment:
- Goods whose import or export is forbidden or requires special permission in accordance with the regulations of the respective
country of dispatch, transit or destination;
- Goods that require a declaration of value pursuant to Art. 24 CMR or the declaration of special interest in delivery pursuant to
Art. 26 Paragraph 1 CMR; goods that require a declaration of value or a declaration of a special interest in delivery pursuant to
Art. 22 Warsaw Convention / Art. 22 Montreal Convention.
2.5. DPD is authorised to open all parcels without prior notice to the customer. DPD is not, however, required to review the contents of
parcels and carry out controls of weight and dimensions. It is not the responsibility of DPD to assess whether there is cause for
exclusion and DPD can refuse to accept a shipment or render any of its services if there is reason to assume that the parcel is
excluded from shipment.
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2.6. The customer must make sure there is no reason to exclude the parcel to be shipped. If the customer hands over parcels to DPD
containing goods that are excluded from shipment, the customer is to reimburse DPD for any damages that incur and DPD is entitled,
as the situation justifies, to use or otherwise dispose of or destroy such parcels and take any other appropriate measure for purposes
of avoiding risk. To the extent possible, the customer will be informed before such measures are taken.
3. Services of DPD and payment for services
3.1. The services of DPD include:
3.1.1. Pick-up, shipment, sorting, storage and delivery of parcels as well as all associated services, whereby the selection of DPD drivers is
to be made according to the principles of sound stewardship or shipment is effected in its own name.
3.1.2. At the customer’s request, a consignment list (pick-up list) or a copy of the DPD Service Label will be signed by the DPD driver. The
customer must make this request before acceptance of the parcel by the DPD driver and mark the consignment list or the copy of the
DPD Service Label with the parcel label number of the parcel. The consignment list becomes valid after it has been signed by the
DPD driver.
3.1.3. Delivery areas and excluded areas (postcodes) are defined for national Express services and DPD GUARANTEE. Express shipment
is based on these areas. If the service selected by the customer is not available for a specific delivery area, the parcel will be sent
and delivered as a DPD 18:00 shipment. The latest list of postcodes can be downloaded from www.dpd.ch.
3.1.4. DPD 8:30 deliveries are made by 8.30 a.m., and DPD 10:00 / 12:00 deliveries by 10 a.m. and 12 noon respectively. DPD 18:00
parcels are delivered by no later than 6 p.m. on the following working day. DPD GUARANTEE parcels are delivered no later than the
last working day within the defined delivery period, and always by the end of the business day. Should the end of the delivery period
fall on a Saturday or Sunday, or on a public holiday in the place of destination, the delivery will be effected on the next working day.
The same applies when the delivery time is subjected to delays due to a public holiday in a country of transit. Should it not be
possible to complete the delivery by the indicated time and date, DPD will notify the customer immediately and provide an
explanation as to the reasons for the delay and reach an agreement regarding the appropriate course of action. For all subsequent
attempts at delivery, the original service specifications with confirmation of delivery time no longer hold. If no further instructions are
received from the customer, the parcel will be treated from then on as a DPD CLASSIC.
3.1.5. With the exception of DPD 8:30, DPD 10:00 / 12:00, DPD 18:00 and DPD GUARANTEE (Art. 3.1.4), delivery times are indicative only
and cannot be guaranteed. The specification of the delivery time refers to working days (Monday to Friday).
3.1.6. The shipping of DPD EXPRESS, DPD GUARANTEE and DPD CLASSIC within the framework of a single shipment or collective
customs declaration is not possible. The risks of such are borne solely by the customer.
3.1.7. Parcels are handed over to the addressee or another person who is found present at the deliverable consignee address, whereby
DPD is not obligated to assess whether this person is actually entitled to receive the parcel. The customer has to ensure that the
delivery can be made at the given address from 7 a.m. for DPD 8.30 and from 8 a.m. for DPD 10:00 / 12:00 and DPD 18:00. Cash on
delivery parcels will only be delivered if the amount due is paid.
3.1.8. If the parcel recipient is not located during the first attempt at delivery, a second and, if requested by the addressee, third attempt at
delivery is made. Cash on delivery: If the recipient for a cash on delivery parcel is found present for the 1st and 2nd delivery attempts
but does not have the cash on delivery amount on either occasion, no 3rd delivery attempt will be made. After a third unsuccessful
attempt at delivery, DPD is entitled to send the parcel back to the customer. The customer bears all associated costs and shall have
no claim to reimbursement of the payment made to DPD. If neither delivery nor return is possible because of a faulty consignee
address or missing consignor data, DPD will be entitled to open the parcel in order to ascertain the intended recipient or the sender. If
such an examination is unsuccessful, the contents may be used or otherwise disposed of after an adequate period of time or
destroyed earlier, if necessary.
3.1.9. If details of the product are not given on the DPD Service Label, the parcel will be processed and invoiced nationally as DPD 18:00
and internationally as DPD GUARANTEE.
3.1.10. The return of undeliverable parcels or packages refused by the addressee (as DPD CLASSIC).
3.1.11. Upon successful delivery, the cash on delivery amount will be transferred to the bank account of the customer within 48 hours. The
transfer will be accompanied by the parcel label number and, if known, the intended purpose.
3.2. DPD shall receive the following payments for its services:
3.2.1. The amount of payment is the subject of a separate agreement between DPD and the customer. Price calculations are based on the
quantity information supplied by the customer. If there is no separate agreement, DPD standard price lists are used. The prices valid
on the day of collection apply. For cases in which the weight determines the price, the weight established by DPD at the shipping
depot is taken as the basis for calculating the price. The customer is responsible for taxes, customs duties, average contributions and
other charges in conjunction with the forwarding of its parcels and has to reimburse DPD for such amounts. DPD is entitled to levy a
surcharge if the parcel is not adequately packed or marked.
3.2.2. The fuel surcharge is published monthly on www.dpd.ch.
3.2.3. DPD calculates a surcharge for every parcel that exceeds the DPD standard dimensions (see Art. 2.1).
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3.2.4. Costs for return shipments are invoiced to the customer separately.
3.2.5. If forwarding charges, costs, expenses, taxes, customs duties or other charges are to be paid by a foreign addressee or if such ensue
because of the foreign addressee, the customer is liable if these amounts are not paid by foreign addressee upon the first request for
payment.
3.2.6. Unless otherwise agreed, the use of reusable containers (“Redbox”) is subject to the prices and conditions stipulated by DPD.
3.3. DPD is entitled to periodically adjust payments, costs and other expenses based on the consumer price index. In addition, DPD may
adjust the level of the agreed-upon payments for services with a 30-day notice period in the case of a substantial increase in fuel
prices or fees (especially the “LSVA”, Switzerland’s distance-related heavy vehicles fee) or other expenditures.
3.4. DPD issues invoices for its services periodically. The payment is considered in arrears if not paid within 10 days of receipt of the
invoice without the issuance of a reminder of payment. The customer owes interest of 7% per annum on the sum due.
3.5. DPD is entitled at any time to carry out a credit check, to require the customer to make an advance payment for its services or to
demand a guarantee. If the customer’s ability to pay is not guaranteed in the view of DPD, DPD is entitled to terminate the contract
and suspend collections and shipments of parcels immediately without prior notice.
3.6. In the absence of an agreement to the contrary, DPD is authorised to transmit data concerning the customer and the parcel recipient
(names, addresses, industries, volumes) to third parties as well as to its own organisations in Switzerland and abroad.
4. Liability
4.1. DPD is responsible for the careful execution of the order. When subcontractors such as DPD drivers, forwarders, customs agents and
warehouse keepers are brought in, DPD’s responsibility is limited to the careful selection and instruction of such agents.
4.2. In addition to cases covered by legal regulations, the liability of DPD is excluded:
- for perishable goods; for goods that are easily damaged or those that require special protection from the effects of vibration, heat,
cold, temperature fluctuations or moisture;
- when an article is excluded from shipment according to Art. 2.4;
- for parcels that do not meet DPD’s shipping conditions;
- when damage occurs due to circumstances that neither DPD nor its subcontractors could have avoided and whose consequences
could not have been averted;
- when the damage is caused by the actions or omissions of the customer, the parcel recipient or their respective agents;
- in the case of cash on delivery parcels when the customer has not submitted a written complaint to the service provider within a
period of 45 days after delivery detailing the non-receipt of the cash-on-delivery amount;
- in the case of damage that results from incorrect or incomplete details on the cash-on-delivery parcel and/or incorrect labelling
and/or illegible information on the cash-on-delivery parcel label;
- when non-collection of the cash-on-delivery amount is attributable to an error or negligence on the part of the customer;
- when delays occur in collecting or transferring the amounts for cash on delivery;
- when the value of the goods to be transported or the cash-on-delivery amount exceeds the maximum cash-on-delivery amount as
per Art. 5.1;
4.3. In case of loss or damage to the goods as well as damage caused by delay (for time-definite Express products only; DPD does not
assume any liability for damage caused by delay of products where the delivery times are only indicative) and damages connected
with other services, DPD shall be liable subject to the provisions of Art. 5.1 and 5.3.
4.4. The accuracy of the information provided by the customer needed to process the cash on delivery order is the sole responsibility of
the customer.
4.5. Damages and losses that can be identified on external inspection are to be brought to the attention of DPD immediately upon
delivery. Any damages and losses that cannot be identified on external inspection are to be promptly reported to DPD in writing upon
being detected (within a period of 7 calendar days or 21 days in the case of DPD EXPRESS). For losses and damages that cannot
be identified on external inspection (hidden defects), it is incumbent on the customer to prove that the loss or damage occurred
during transport and was present at the time of acceptance by the parcel recipient. The damaged goods must be kept in their original
packaging for 3 months. The customer must allow DPD to examine the damaged goods and the packaging and inform DPD before
destroying such goods and packaging or disposing of it.
4.6. For cross-border shipments, the liability and the limitation on liability are governed by the CMR regulations and the Warsaw
Convention / Montreal Convention. An increase of the maximum amounts as per Art. 24 CMR and special positive interest as per
Art. 26 CMR and as per Art. 22 Warsaw Convention / Art. 22 Montreal Convention are not covered by the GTC.
4.7. In all above specified cases, liability will only be assumed for parcels registered as follows:
- Parcels that are recorded in the consignment list according to Art. 3.1.2.
- Parcels that were scanned in the depot and thereby registered in the system.
4.8. Printing of parcel labels by the customer and a customer system connection via data transfer must be agreed with DPD in advance.
The customer has sole responsibility for the accuracy and completeness of the data.
4.9. User names and passwords supplied by DPD must be kept carefully and kept secret from third parties. If the customer needs several
passwords it is responsible for managing these and allocating them within its business.
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5. Compensation
5.1. DPD’s per-parcel liability for all of its services corresponds to the value of the goods (production costs or purchase price depending
on whether wholesale or retail, etc.) plus payment for services up to a maximum of CHF 1,000.–. For cash on delivery parcels –
provided there are no binding legal provisions to the contrary – DPD is liable in the case of loss or damage up to the level of the cash
on delivery amount indicated by the customer (maximum of CHF 3,500.–). If the value of the goods plus parcel price is less than the
indicated cash on delivery amount, however, the compensation payment is limited to the value of the goods plus parcel price.
5.2. The customer can take out supplementary insurance on a graduated scale up to CHF 5,000.– per parcel. Such supplementary
insurance can only be taken out for all the customer’s parcels and needs to have been arranged upon conclusion of the contract at
the latest.
5.3. The liability for failures to keep the delivery date (for time-definite Express products) is limited to a maximum of three times the
payment for services; for such liability, it is necessary to prove pecuniary damages caused by the delays in the delivery.
5.4. Amounts to be paid out under the auspices of other insurance coverage shall be deducted from the compensation as per Art. 5.1 and
5.2.
6. Right of retention and offsetting
6.1. For mature and unmatured claims against the customer, DPD has the right to retain the goods and other assets handed over to DPD
or which have otherwise come into DPD’s possession. If payment has not been effected within a time limit set by DPD with the
previously stated intention to use or otherwise dispose of the goods, DPD shall be free, without further formalities, to use or otherwise
dispose of the relevant goods.
6.2. The customer is not entitled to offset claims or exercise a right of retention against claims asserted by DPD, except for claims that a
court of law has judged legally valid or that DPD has acknowledged as justified.
6.3. Upon termination of the contract, the client has to return all DPD packaging and shipping materials to DPD immediately and without
the issuance of a reminder. If there is a delay in the return, DPD is entitled to levy a contractual penalty of twice the cost of the
material kept by the customer. DPD retains the right to pursue additional claims for damages.
7. Time limitation of compensation claims
Subject to compulsory provisions of the law, all claims against DPD shall lapse after a period of one year. The period of limitation will
run from the date on which the transported goods are delivered or, in the case of loss or delay, from the date on which the delivery
should have taken place. For other services, the period of limitation begins on the day when the service was provided or should have
been provided. In the case of cross-border shipments, the limitation on compensation follows the provisions of the CMR or the
Warsaw Convention / Montreal Convention.
8. Divergent agreements and changes to the General Terms and Conditions
8.1 Divergent agreements are only valid if made in writing.
8.2 DPD reserves the right to modify the General Terms and Conditions at any time. The latest edition of the GTC is always available to
download from www.dpd.ch.
9. Place of fulfilment, applicable law and place of jurisdiction
Place of fulfilment for all claims is the domicile of DPD. Cross-border shipments will be subject to the provisions of the CMR or the
Warsaw Convention / Montreal Convention.
9.1. Swiss law shall apply.
9.2. The place of jurisdiction is Zurich. DPD is entitled though not obligated to have claims against the customer considered in the courts
of the customer’s place of residence or domicile.
10. Original text
The GTC of DPD have been drawn up in German, French, Italian and English. In the event of contradiction, the German version shall
be deemed authoritative.
DPD (Schweiz) AG 4/4 December 2009 edition