Insurance

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-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 ITS Couriers.com in the applicable countries and territories).

Shipments originating from outside Europe are subject to local tariffs and the terms and conditions of the ITS Couriers 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 ITS Couriers’s Services, see ITS Couriers.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 ITS Couriers domestic terms and conditions of carriage.

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

ITS Couriers 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 ITS Couriers transit documentation, including the terms and conditions on any ITS Couriers 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 ITS Couriers from time to time. Such modification or suspension applies to Shipments tendered to ITS Couriers after that date. Details of current Services are available on ITS Couriers.com.

1.6 In these Conditions, all decisions of ITS Couriers are made at the sole discretion of ITS

Couriers.

2. Definitions

“Air Waybill” or “Waybill” means any shipping document, manifest, consignment note, label, stamp, electronic entry or similar item used in the ITS Couriers 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 ITS Couriers 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 ITS Couriers relating to transport of a Shipment. Details of any other charges or surcharges are available on ITS Couriers.com. ITS Couriers 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 ITS Couriers.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 ITS Couriers 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 ITS Couriers service or the delivery commitment time quoted by ITS Couriers 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.

“ITS” or “ITS Couriers” means International Timed Services Ltd, its subsidiaries, branches and

affiliates, and their respective employees and agents (to the extent applicable).

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

“FICP” means ITS Couriers 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 centimetre 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 ITS Couriers for transportation and is accepted by ITS Couriers 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 ITS Couriers customer service based on incomplete information supplied by Sender is only an estimate and is not a stated Delivery Commitment Time. ITS Couriers 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 ITS Couriers 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 ITS Couriers pursuant to a ITS Couriers Air Waybill. Full details of all such services, including

product names, availability and transit times, are available on ITS Couriers.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.

3. Charges

Transportation Charges applicable to the Shipment are as set out in the ITS Couriers list rates on ITS Couriers.com, or as expressly agreed otherwise in a relevant ITS Couriers transportation services agreement. Quotations provided by ITS Couriers 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. ITS Couriers 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 ITS Couriers transportation services agreement is made, subject to the right of ITS Couriers to revise the Charges, including the Transportation Charges, set out in the ITS Couriers list rates on ITS Couriers.com from time to time and without notice.

4. Fuel and Other Surcharges

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

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 ITS Couriers, as specified by ITS Couriers from time to time on ITS Couriers.com.

5.3 ITS Couriers 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, ITS Couriers may make corrections to the Air Waybill.

5.4 ITS Couriers 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.

6. Billing

6.1 Invoices for Transportation Charges and related Charges are in principle payable without withholding or set off, within 10 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, ITS Couriers reserves the right to require payment of any Charges in advance.

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

6.3 ITS Couriers 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, ITS Couriers reserves the right to apply a late payment fee,

late payment interest and administrative costs for such late payment. In such event, ITS Couriers may apply the applicable fee(s), costs and/or interest rate(s) as determined by ITS Couriers 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 an ITS Couriers Account, the party that initiates

the Shipment must enter a valid, current ITS Couriers Account Number on the Air Waybill in order for ITS Couriers to accept the Shipment. Charges to a ITS Couriers Account may take the form of:

1. “Bill Sender” or “Bill Shipper”: ITS Couriers will bill Charges to the Sender’s ITS Couriers

Account.

1. “Bill Recipient” or “Bill Consignee”: ITS Couriers will bill Charges to the Recipient’s ITS

Couriers Account. Acceptable for carriage to specified locations only.

1. “Bill Third Party” means ITS Couriers will bill Charges to someone’s ITS Couriers 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 ITS Couriers no later than (a) 30 days from the date of invoice or (b) the invoice due date, whichever is later. ITS Couriers 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 ITS Couriers 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 ITS Couriers.com/ancillary/ for a list of clearance service fees in the destination country.

ITS Couriers 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 ITS Couriers prior to ITS Couriers 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 ITS Couriers 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. ITS Couriers invoices must be paid in the currency stated in the invoice or otherwise in the local currency against exchange rates provided by ITS Couriers from time to time.

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 ITS Couriers.com require advance arrangement with ITS Couriers. ITS Couriers reserves the right to refuse Packages or Shipments that ITS Couriers considers unsuitable or ‘extra-large’ as further detailed in the packaging guidelines on ITS Couriers.com. ITS Couriers 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 ITS Couriers 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 ITS Couriers Envelope, ITS Couriers 10kg Box or ITS Couriers 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 ITS Couriers’s 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. ITS Couriers will not be liable for any damage arising out of changes in temperature or pressure.

7.7 ITS Couriers does not provide temperature-controlled transport, unless expressly agreed otherwise. Unless expressly agreed otherwise, ITS Couriers 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 ITS Couriers 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 ITS Couriers 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 ITS Couriers. 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 ITS Couriers.com or upon request.

8. Refusal or Rejection of Shipments

ITS Couriers reserves the right to refuse, hold, 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 ITS Couriers 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 ITS Couriers 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 ITS Couriers; or for any other reason. The fact that ITS Couriers accepts Shipments does not mean that such Shipments, including their content and quality, conforms to applicable laws and regulations or to these Conditions.

9. Inspection of Shipments

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

9.2 In accordance with applicable laws and regulations, ITS Couriers 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.

10. Prohibited Items

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

1. Firearms, weaponry, ammunition and their parts. This includes, but is not limited to, guns, flick knives, butterfly knives, swordsticks, knuckledusters, and tasers;
2. 3-D printing machines designed, or that function exclusively, to manufacture firearms;
3. 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;

1. 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;
2. Military items originating from any country in which an export control license is required;

1. Human corpses, human organs or body parts, human or animal embryos, cremated or disinterred human remains;
2. Live animals, including insects and pets;
3. 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;
4. 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);
5. Perishable foodstuffs, and foods and beverages requiring refrigeration or other environmental

control;

1. Pornography and obscene material. This includes, but is not limited to, manikins (including sex

dolls);

1. Money, including cash and cash equivalents (e.g. negotiable instruments, endorsed stocks, bonds

and cash letters), collectible coins and stamps;

1. Lottery tickets and gambling devices, where prohibited by law;
2. Waste as defined by applicable law and regulation. This includes, but is not limited to, garbage

for disposal, medical waste (such as hypodermic needles or syringes, contaminated medical

equipment, or articles being sent for sterilization, recycling or disposal), batteries that are

capable of posing a safety hazard (such as used or damaged batteries), or items that pose an

environmental hazard (such as used fluorescent bulbs);

1. Wet ice (frozen water);
2. 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”);

1. 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

1. Raw or unrefined hemp plants, or their subparts (including hemp stalks, hemp leaves, hemp

flowers and hemp seeds);

1. Tobacco and tobacco products, including but not limited to cigarettes, cigars, loose tobacco,

smokeless tobacco, hookah or shisha; and

1. Electronic cigarettes and their component parts, any other similar device that vaporizes or

aerosolizes any substance for inhalation, and any non-combustible substance, regardless of the

presence of nicotine, that can be used with any such device.

10.2 ITS Couriers 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):

1. 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;

1. Unless expressly agreed otherwise by ITS Couriers, Shipments that require ITS Couriers to obtain

any special license or permit for transportation, importation or exportation;

1. Undeclared, excisable shipments or commodities that require regulatory approval and clearance;
2. Shipments with a Declared Value for Customs in excess of that permitted for a specific

destination;

1. Dangerous goods, except as permitted under Section 12 (Dangerous Goods) of these Conditions; and
2. Packages that are wet, leaking or emit an odour of any kind.

10.3 ITS Couriers excludes all liability for Prohibited Items however accepted (including

acceptance by mistake or under notice). ITS Couriers reserves the right to reject Packages based

upon these limitations or for reasons of security or safety. ITS Couriers 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.

11. Export Controls

11.1 ITS Couriers 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, ITS Couriers

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 ITS

Couriers countries and territories not served go to ITS Couriers.com.

11.2 In addition, unless licensed or authorized by the relevant government agency or otherwise

permitted under applicable laws, ITS Couriers does not transport and Sender warrants that it will

not tender any Shipments to ITS Couriers 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 ITS Couriers 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 ITS Couriers 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, holding 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 ITS Couriers to comply with applicable laws and

regulations. Sender also agrees to indemnify ITS Couriers for any loss or expense – including, but

not limited to, fines, penalties and/or the rejection, holding 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 ITS Couriers to comply with applicable laws and

regulations.

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 ITS Couriers 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. ITS Couriers 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 ITS Couriers 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 ITS Couriers to make arrangements prior to shipping.

12.6 Lithium Batteries. ITS Couriers 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

1. In addition, ITS Couriers 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 ITS Couriers does not provide pack-and-ship

solutions for dangerous goods Shipments, ITS Couriers may require Sender to hire a trained

pack-and-ship vendor to resolve a problem with a dangerous goods Shipment, in order for ITS

Couriers 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 ITS Couriers expanded service international Air

Waybill.

12.8 Packaging. ITS Couriers 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 ITS Couriers boxes and tubes, and (b) biological substances, Category B (UN 3373), which may be

shipped in a ITS Couriers UN 3373 Pak, the ITS Couriers Clinical Box, or any ITS Couriers

TempAssure packaging.

12.9 Tender and Delivery of Dangerous Goods. Not all ITS Couriers locations accept dangerous

goods. Certain ITS Couriers locations do not accept specific classes of dangerous goods and

dangerous goods are not accepted to ship via all Transportation Services. ITS Couriers reserves the

right to refuse dangerous goods at any location where they cannot be accepted in accordance with

applicable law or at ITS Couriers’s discretion. If not dropped off at a staffed location that

accepts dangerous goods, the Shipment must be tendered to ITS Couriers 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 ITS Couriers 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.

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. ITS Couriers reserves the right

at ITS Couriers’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, ITS Couriers 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 ITS Couriers 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, ITS Couriers may attempt to notify the Sender. If the Sender also fails to

provide the information or documentation within a reasonable time as ITS Couriers may determine,

the Shipment will be considered undeliverable subject to applicable laws. ITS Couriers assumes no

responsibility for its inability to complete a delivery due to incorrect or missing documentation,

whether or not ITS Couriers attempts to notify the Recipient or Sender.

13.5 Where permissible by local law or unless instructed otherwise (e.g. via “ITS Couriers

International Broker Select”, described below), ITS Couriers will provide customs clearance of

international Shipments. ITS Couriers will submit the Shipment information to customs and other

regulatory agencies for clearance. ITS Couriers 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 ITS Couriers by the regulatory agency for regulatory

filing. The types and amounts of fees vary by country. See https://www.ITS

Couriers.com/en-nl/ancillary-clearance-service.html for a list of clearance service fees in the

destination country.

13.6 ITS Couriers 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 ITS Couriers, or the broker designated by ITS Couriers, 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 ITS Couriers in accordance with this provision, when applicable.

13.7 ITS Couriers 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 ITS

Couriers International Broker Select vary by country.

13.8 In some instances, at the discretion of ITS Couriers, ITS Couriers may accept instructions to

use a designated customs broker other than ITS Couriers (or the broker selected by ITS Couriers) or

the broker designated by the Sender. In any event, ITS Couriers (or the broker selected by ITS

Couriers) 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 ITS Couriers (including

name, address, phone number and postal code).

13.9 For Shipments that must be cleared through customs by the Recipient, ITS Couriers will

deliver the customs paperwork to the Recipient, and delivery of paperwork constitutes timely

delivery.

14. Duties and Taxes

14.1 In order to complete clearance of certain items through customs, ITS Couriers 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, ITS Couriers may contact the payer and require confirmation of

reimbursement arrangements as a condition to completion of clearance and delivery, and at the

discretion of ITS Couriers, require payment of duties and taxes before release of the Shipment to

the Recipient. Contact ITS Couriers customer service for further details.

14.2 ITS Couriers only provides estimates of customs duties and taxes through the estimate duties

and taxes feature on ITS Couriers.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, ITS Couriers or its designated broker may review the shipping documents tendered with the

Shipment. If ITS Couriers 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 ITS Couriers 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 advanced. This clearance service fee will vary depending upon the

destination country. For more information on the clearance service fee charged, see ITS

Couriers.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 ITS Couriers 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 ITS Couriers’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, ITS

Couriers may contact the Sender, for the same. If the Sender refuses to make satisfactory

arrangements to reimburse ITS Couriers, 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, ITS Couriers 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 ITS Couriers 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 ITS Couriers: cash, check (personal or business, provided valid identification is

offered), credit card, money order, traveler’s check, or debit or deferment account. ITS Couriers

does not accept prepayment of duties and taxes.

14.9 ITS Couriers assumes no responsibility for Shipments abandoned in customs, and such Shipments

may be considered undeliverable.

15. Routing

ITS Couriers determines the routing of all Shipments. The routing may change from time to time

without notice. ITS Couriers cannot disclose its route details or detailed network security

measures, in order to protect the goods travelling therein. Audits on ITS Couriers network

locations or vehicles are also therefore not allowed, unless there is a statutory or legal

requirement.

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. ITS Couriers 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, ITS Couriers reserves the right to, at its

sole discretion, redirect any FICP Shipment to a pick-up location determined by ITS Couriers,

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 ITS Couriers 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 ITS Couriers with the Recipient’s telephone number in order to facilitate delivery.

16.4 ITS Couriers 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 ITS Couriers prior to shipping.

16.6 ITS Couriers 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 ITS Couriers 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 ITS Couriers

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.

1. ITS Couriers 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 ITS Couriers.com or contact ITS Couriers customer service for further

details).

1. 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.

1. Additional surcharges may apply in respect of Delivery Signature Options. See Section 4 (Fuel

and other Surcharges).

1. In the event the Sender does not select a Delivery Signature Option, ITS Couriers will follow

its standard delivery procedures.

16.10 Delivery Instructions from Recipient: B2C Shipments.

1. At selected locations, ITS Couriers may deliver B2C Shipments in accordance with additional

instructions received by ITS Couriers 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 ITS Couriers and Sender.

1. 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 ITS Couriers.

1. ITS Couriers 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 ITS Couriers.com.

1. 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.

1. 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.

17. Redelivery

17.1 Business Deliveries. ITS Couriers 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 ITS Couriers Delivery Signature Option

and no eligible Recipient is available to sign for the Shipment; or (c) ITS Couriers 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 ITS Couriers Delivery Signature Option, ITS Couriers 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 ITS Couriers. If a Residential

Delivery cannot be delivered through a re-attempt(s), the Sender or Recipient does not provide

further delivery instructions, or ITS Couriers cannot facilitate delivery to another location to be

determined by ITS Couriers, the Shipment may be considered undeliverable (see Section 18

(Undeliverable Shipments)).

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

ITS Couriers, (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, ITS Couriers 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, ITS Couriers 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

ITS Couriers 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 ITS Couriers.

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 ITS Couriers 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 ITS Couriers. Also included will be any other

Charges incurred by ITS Couriers 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.

19. Money-Back Guarantee

ITS Couriers offers a money-back guarantee for certain Transportation Services, subject to these

Conditions. This money-back guarantee can be suspended, modified or revoked by ITS Couriers at any

time and without prior notice to either the Sender or Recipient. Such suspension, modification or

revocation applies to Shipments tendered to ITS Couriers after that date. Details on the current

status of the money-back guarantee are available on ITS Couriers.com.

19.1 Money-Back Guarantee.

1. In the event of a Service Failure and upon request, ITS Couriers will, at ITS Couriers’s option,

either refund or credit to the applicable invoice the payer’s Transportation Charges, subject to

the limitations set out below.

1. ITS Couriers’s money-back guarantee applies to selected Transportation Services. An overview of

the Transportation Services covered by ITS Couriers’s money-back guarantee from time to time is

available on ITS Couriers.com under “service news”.

1. 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, ITS Couriers may accept such

Packages but suspend the money-back guarantee or adjust commitment times.

1. 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:

1. 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.

1. 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.

1. 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.

1. 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 ITS Couriers International Holiday Schedule is

available at ITS Couriers.com; however, local or regional holidays of a country also can affect

transit times.

1. 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.

1. For ITS Couriers Europe First Shipments (for which a delivery fee applies in addition to the ITS

Couriers International Priority rate), ITS Couriers will, upon request, refund or credit to the

applicable invoice:

1. the ITS Couriers Europe First delivery fee, but not the Transportation Charges, in the event of

a Service Failure for a ITS Couriers Europe First Service; or

1. the Transportation Charges in addition to the ITS Couriers Europe First delivery fee, in the

event of a Service Failure for a ITS Couriers International Priority Service.

All restrictions and limitations set out under this money-back guarantee Section otherwise equally

apply to the ITS Couriers Europe First Service.

1. If the Sender chooses to leave a Shipment at either a ‘ITS Couriers Authorized Ship Center’ or a

‘ITS Couriers Drop Box’ the Delivery Commitment Time will commence when the Shipment is collected

by ITS Couriers from the ITS Couriers Authorized Ship Center or ITS Couriers Drop Box as

applicable. Details of the applicable cut off times in force can be found at the ITS Couriers

Authorized Ship Center or ITS Couriers Drop Box as applicable.

19.3 Exclusions. This money-back guarantee does not apply, and ITS Couriers will not be obligated

to refund or credit Transportation Charges, if:

1. ITS Couriers 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.

1. 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).

1. The payer’s ITS Couriers Account Number was not in good credit standing, or payment instructions

were invalid.

1. Incorrect ITS Couriers tracking numbers were applied to the subject Package or Shipment by

customers using ITS Couriers electronic shipping devices.

1. The Shipment contained, even if such Shipment is expressly accepted by ITS Couriers, dangerous

goods or dry ice.

1. The Shipment was delayed due to customs or other regulatory requirements, including but not

limited to, any delays resulting from compliance with advance notice or prior notice requirements.

1. The delay in delivery was caused by adherence to ITS Couriers policies regarding the payment of

duties and taxes prior to customs clearance or at delivery.

1. The Shipment was sent to a post office box address acceptable for delivery.
2. The Recipient provided delivery instructions to ITS Couriers, in accordance with Section 16.9

(Delivery Instructions from Recipient: B2C Shipments).

1. 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.

1. The Shipment was undeliverable (see Section 18 (Undeliverable Shipments)) or returned.
2. It regards a request for invoice adjustment based on overcharges.
3. The Sender or Recipient specifies a customs broker other than ITS Couriers or the ITS Couriers

designated broker in case of ITS Couriers 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:

1. Time Limits for Notice of a Request. ITS Couriers 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).

1. Required Information. All notices of a Service Failure must include Sender’s ITS Couriers

Account Number, if any; the Air Waybill or ITS Couriers tracking number; the date of the Shipment

and complete and accurate Recipient information.

1. Methods of Request Submission. The payer may request a refund or credit of Transportation

Charges due to a Service Failure by email, ITS Couriers.com, or by calling ITS Couriers 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.

20. Limits of Liability

20.1 Standard Limit of Liability for Transportation Services. ITS Couriers’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). ITS Couriers 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). ITS Couriers’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. ITS Couriers 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), ITS Couriers’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. ITS Couriers does not provide a cargo

all-risks 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:

1. The Declared Value for Carriage represents ITS Couriers’s maximum liability in connection with

the Shipment and cannot be greater than the Declared Value for Customs stated on the Air Waybill.

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

Sender.

1. 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 ITS Couriers rate sheets in effect at

the time of Shipment, or call ITS Couriers for more information on the additional charge.

1. Regardless the Declared Value for Carriage, ITS Couriers’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. ITS Couriers is entitled to

require independent proof of the value of the contents of a Shipment for which a claim is made.

1. 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 ITS Couriers Envelope or ITS Couriers Pak, regardless of destination, is US$500 per

Shipment. The maximum Declared Value for Carriage for the contents of a ITS Couriers Envelope or

ITS Couriers 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 ITS Couriers Envelope or ITS

Couriers Pak.

1. Unless otherwise specified by ITS Couriers, 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.

1. 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.

1. No compensation is available for losses relating to Ancillary Services.
2. 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. ITS Couriers’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. ITS Couriers cannot honor requests to change the declared-value

information on the Air Waybill after tender to ITS Couriers.

1. 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. ITS Couriers’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.

21. Liabilities Not Assumed

21.1 ITS Couriers assumes no liability for:

1. 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 ITS Couriers knew or should have known that such

damages might be incurred;

1. 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

19. 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 ITS Couriers in these Conditions. The Sender should arrange for its own insurance cover

if desired. ITS Couriers does not provide insurance cover.

21.3 ITS Couriers assumes no liability, nor will ITS Couriers 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):

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

the Shipment;

1. the nature of the Shipment or any defect, characteristic or inherent vice or fragility thereof;
2. 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;

1. violation of U.S. or other applicable export control or sanctions laws and/or regulations;
2. fines, penalties, or other financial sums levied against Sender or Recipient by any regulatory

authority or third party;

1. any events beyond the control of ITS Couriers 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 ITS Couriers systems), mechanical delay or

conditions that present a danger to ITS Couriers personnel;

1. improper or insufficient packing, including the Sender’s failure to use packaging approved by

ITS Couriers where such approval is sought, recommended or required. In particular, computers,

electronics, fragile items and alcohol must be packaged in accordance with ITS Couriers guidelines,

available on ITS Couriers.com. Provision of packaging, or advice, assistance or guidance on the

appropriate packaging of Shipments by ITS Couriers does not constitute acceptance of liability by

ITS Couriers, unless ITS Couriers expressly states otherwise in writing;

1. compliance with verbal or written delivery instructions from the Sender, Recipient or persons

claiming to represent the Sender or Recipient;

1. delay in delivery caused by adherence to ITS Couriers policies regarding the payment of Charges;
2. the inability of ITS Couriers to provide a copy of the delivery record or a copy of the

signature obtained at delivery;

1. 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;

1. ITS Couriers’s failure to honor “package orientation” graphics (e.g., “UP” arrows, “THIS END UP”

markings);

1. ITS Couriers’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;

1. loss of or damage to any individual item for which ITS Couriers has no verifiable record of

receipt, including in circumstances where, at the time of providing the Shipment to ITS Couriers,

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;

1. 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;

1. the Sender’s failure to delete all Shipments entered into a ITS Couriers shipping system or

device when the Shipment is not tendered to ITS Couriers;

1. damages indicated by any shockwatch, tiltmeter or temperature instruments; and
2. failing to meet the Delivery Commitment Time for any Shipments with an incomplete or incorrect

address (see Section 18 (Undeliverable Shipments)).

21.4 If ITS Couriers is not liable, including for any liability that exceeds the liability

expressly assumed by ITS Couriers in these Conditions, the Sender will be liable and agrees to

indemnify ITS Couriers and hold ITS Couriers harmless for any damage caused by the Shipment to ITS

Couriers or to a third party or from any claim by a third party, notably the Recipient.

21.5 Any payment made by ITS Couriers 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.

22. No Warranties

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

23. Claims

ITS Couriers 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 ITS Couriers:

23.1 Providing Notice of a Claim. All claims must be notified to ITS Couriers within the following

time limits:

1. Claims due to damage (visible or concealed), delay (including spoilage claims) or missing

contents, within 5 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.

1. All other claims, including claims for loss, non-delivery or mis-delivery, within nine months

after the Shipment was handed over to ITS Couriers.

All such claims must be notified either at the moment of delivery on the applicable delivery

record, via ITS Couriers.com or by contacting ITS Couriers customer service.

23.2 Required information. All notices of claim must include complete Sender and Recipient

information, as well as the ITS Couriers tracking number, date of Shipment, number of pieces, and

Shipment weight. Within nine months after the Shipment was handed over to ITS Couriers, the claim

must be completely documented by sending all relevant supporting documentation to ITS Couriers

(e.g. purchase invoices, estimates for repair). As a

pre-condition for ITS Couriers considering any claim for damage, the Recipient must make the

contents, original shipping cartons and packaging available for inspection by ITS Couriers, either

at the Recipient’s premises or at a ITS Couriers facility, until the claim is concluded.

23.3 Limitations. ITS Couriers 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 ITS Couriers through a package consolidator do not

have any right to legal or equitable relief against ITS Couriers.

23.4 Legal Actions. The right to claim damages for an action arising out of carriage from ITS

Couriers 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.

24. Subcontracting

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

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 ITS Couriers 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

ITS Couriers Privacy Notice at ITS Couriers.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 ITS Couriers in respect of all costs, claims, damages and expenses

suffered or incurred by ITS Couriers 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 ITS Couriers, its affiliates, branches, counsels, auditors or any

third parties engaged by ITS Couriers 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 ITS Couriers, 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, ITS Couriers 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 ITS Couriers 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 ITS Couriers’s 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.

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.

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 ITS Couriers 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.

28. Non-Waiver

Any failure by ITS Couriers to enforce or apply a provision of these Conditions does not constitute

a waiver of that provision and does not otherwise impair ITS Couriers’s right to enforce such

provision.

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 ITS Couriers and the Sender. The invalidity or

unenforceability of any provision will not affect any other part of these Conditions.

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 ITS Couriers pursuant thereto are subject to the laws and the

courts of the country or territory where the Shipment is accepted by ITS Couriers for

performance of the Services.