1. In general
These General Terms ("Terms") shall apply to all activities, quotations, agreements and deliveries and services related to transport of goods and shipments and any related services performed by UBsend A/S ("UB") or UB's sub-suppliers, unless otherwise agreed between the parties in writing.
Unless otherwise specified in these Terms or in any other way agreed with the customer in writing, the rules in the General Conditions of the Nordic Association of Freight Forwarders (”NSAB 2015”) shall apply in addition to these Terms.
These Terms and NSAB 2015 include provisions limiting UB's liability for the performance of tasks in relation to the customer. These provisions limits UB's liability for loss, deterioration, damage of goods or delay to the freight amount as a maximum. For all other losses, UB's liability is limited to SDR 100,000 for each job. In case of storage, UB's total liability for damage for one and the same event is limited to SDR 500,000. Please note especially that claims against UB become obsolete after one (1) year and that UB has a lien on goods as regards both current and previous claims.
Pursuant to these Terms, "waybill" means an ordinary waybill, an approved label or a completed pick-up report. All shipments included in the same waybill are considered as one single shipment pursuant to these Terms.
2. UB's services
Unless otherwise agreed, UB's services are limited to transport, customs declarations, if relevant, and delivery of the shipment.
The shipment will be carried out by any means of transport of UB's or UB's sub-supplier's choice, including air, sea or land transport, as well as UB can unilaterally decide on all practical circumstances related to the planning and handling of the transport, e.g. in relation to the choice of routing, redirection and that the transport may be handled via intermediate locations.
In addition to the transport, the customer may order a number of additional services (pick-up, express, agreement regarding EDI customs declaration, redirection, storage and other services) pursuant to a special agreement with UB's customer service. If so, UB's liability for delivering such additional services will furthermore be regulated pursuant to these Terms and NSAB 2015.
3. Booking
Bookings are made under the customer's account number. The customer is responsible for the management of account numbers and for ensuring that relevant information is included in the booking for the purpose of internal accounting.
The use of the assigned customer numbers is the holder's liability only, and the holder of the customer number is liable towards UB for any shipment ordered under the customer number.
4. Delivery and return
UB does not deliver to PO addresses.
It is intended to deliver the shipment within the standard delivery time, but UB does not issue any guarantees in this regard.
The shipment can and will be considered delivered by UB or UB's sub-supplier to the recipient, when
The shipment is furthermore considered delivered when UB or UB's sub-suppliers has placed the shipment on the ground floor at the agreed address, which may be done without a specific agreement with the customer, unless there is a freight elevator. If no recipient is present at the address, the recipient is notified where to pick up the shipment (ParcelShop or Depot).
If the recipient cannot reasonably be identified or located, or if the recipient refuses to accept the shipment or to pay amounts due, UB aims to return the shipment to the customer at the customer's expense and risk.
The customer will be charged an additional fee in case of return freight, re-delivery and/or forwarding.
If it is not possible to return the shipment, the shipment may be released, destroyed or sold without liability towards the customer, the recipient or others. The proceeds may be used to set off freight, fees and administrative costs. Any surplus proceeds must be transferred to the customer.
5. Customer's obligations
If a shipment is subject to customs declaration, the customer must submit complete and accurate documentation in this regard.
UB is entitled to appoint an agent on behalf of the customer and the recipient, who can ensure a correct customs declaration, prepare documents and pay fees and taxes. Customs clearance is not handled on behalf of the customer without a prior written agreement.
The customer must ensure that all information in the waybill is correct and sufficient and that the shipment includes sufficient information about the sender and the receiver of the shipment.
The customer must ensure sufficient and proper packaging and labelling of the shipment and ensure that the contents have been described and classified and accompanied by the required documentation in order to make it suitable for transport. See UB's website for additional directions at ubsend.com.
Damage to or loss of a shipment due to customer's non-compliance with the customer's obligations in this regard will not be compensated.
Shipments cannot include goods that may expose humans, animals, means of transport or other goods transported to danger or damage, as well as they cannot include goods which cannot be transported pursuant to current legislation.
Unacceptable shipments include, among others:
In case of suspicion of unacceptable shipments, the shipment can be scanned with X-ray or opened and inspected without notice, and the distribution may be denied or cancelled without any liability to UB.
The customer must ensure that shipments meet the requirements specified in these Terms, and the customer must indemnify UB for any claim, including claim for damages and/or costs, arising due to the customer's non-performance of his obligations pursuant to this provision, including by surrendering unacceptable shipments to UB for the purpose of transport and/or as a result of non-compliance with current acts or provisions.
6. Prices and payment
UB's prices for the agreed services appear from UB's current price list in force from time to time or from a specific quotation. The freight price is calculated on the basis of the highest value of the actual or the volumetric weight. Any shipment may be weighed and measured by UB or its sub-supplier with a view to verify the calculation.
The customer must pay or repay to UB any VAT, duties, taxes, charges, fines, road taxes, storage costs and similar costs, which UB may be ordered to pay on behalf of the customer, the recipient or a third party. In addition, the customer must indemnify UB from any claim, damage, fines and expenses arising as a result of the customer's insufficient information, unacceptable shipments or insufficient packaging.
The due date for payments to be received is the date specified on the invoice as the final due date. As a general rule, payments are net cash.
If payment is made after the due date, UB is entitled to charge interest and reminder fees on the basis of the payment due pursuant to the rules of the Danish Interest Act (renteloven) until the amount due has been paid.
7. Insurance
By contacting UB's customer service and subject to additional payment, the customer may take out insurance to cover certain shipments.
The insurance does not cover indirect loss or damage caused by delay.
Supplemental insurance can be taken out when placing the order and will only provide coverage if the customer has received a confirmation.
Insurance cannot be taken out for goods of a special value, e.g. precious metals, real jewelry, antiques, paintings and works of art, as well as some countries are excluded from insurance cover.
In case of insurance claims, the customer must immediately notify UB in writing, and UB will then contact the insurance company.
8. Complaints and time limitation
Complaints must be submitted in writing to UB without undue delay, including information about the recipient's name and address, shipment date, weight of the package and tracing number, within the following deadlines, as a potential claim against UB will otherwise be forfeited.
The right to compensation in case of deterioration or damage is furthermore lost if the shipment is not made available and ready for pick-up at the delivery address in the original packaging, or if the damaged shipment is passed on for transport by others before UB's sub-supplier has been allowed to inspect the shipment.
Legal action against UB must be initiated within one (1) year; otherwise the claim will be forfeited. The deadline is calculated as follows:
9. Exclusion and limitation of liability
UB cannot be held liable for loss caused by incorrect labelling of shipments, regardless if such loss is caused by errors or omissions caused by UB or UB's sub-suppliers.
UB's liability for loss, deterioration or damage caused to shipments where the place of shipment and delivery are located in Denmark is limited to DKK 4,500.
UB's liability for loss, deterioration or damage caused to shipments where the place of delivery is located outside Denmark is limited to EUR 500.
UB's liability for loss, deterioration or damage can never exceed SDR 8.33 per kilo gross weight of the part of the goods that have been lost, deteriorated or damaged.
In case of delay related to pick-up, transport or delivery, UB's liability is always limited to the amount of freight.
For all other losses, UB's liability is limited to SDR 100,000 for each job.
If a special agreement has been made concerning a certain mode of transport, or if it may be documented that loss, deterioration or delay has occurred while the goods were transported with a specific means of transport, UB will instead be liable pursuant to the statutory provisions and general terms of transport applying to this mode of transport, to the extent they include deviations from the specifications laid down in these Terms and NSAB 2015.
In such cases, UB's liability may thus be limited pursuant to such rules.
UB cannot be held liable for damage or loss of temperature-sensitive goods caused by temperature variations or electric or magnetic damage or loss of electronic or photographic images, data or recordings.
UB shall not be liable for operational loss, loss of profits or any other indirect losses.
UB cannot be held liable if one of the following circumstances hinder the
performance of the agreement with the customer or makes the performance
unreasonable burdensome:
Industrial disputes or other circumstances, which UB or UB's sub-suppliers
cannot control, like war, system failure with UB or UB's sub-suppliers, lack of
means of transport, general scarcity of goods, restrictions, fire, storm,
flooding, fog, plane crash, Acts of God etc. and lack of and delays of
deliveries from sub-suppliers caused by some of the circumstances specified in
this clause or other circumstances, which have significantly obstructed UB's
performance of the agreement.
10. Product liability
To the extent not otherwise provided for in the mandatory rules of Danish law regarding product liability, UB can only be held liable for product liability claims to the extent it can be documented that the product liability damage has been caused by UB's error or omission.
UB shall not be liable for operational loss, loss of profits or any other indirect losses caused by product liability damage.
11. Data protection
The customer accepts that UB and its sub-suppliers can use all data submitted by the customer to UB for the purposes specified in UB's non-disclosure agreement, which may be requested from UB's website ubsend.com.
12. Transfer of rights and obligations
UB is entitled to assign all rights and obligations under the agreement with the customer to a third party.
13. Governing law and jurisdiction
Any dispute between UB and the customer shall be settled according to Danish law with the City Court in Aarhus/the Danish Western High Court as the agreed venue.
