Linking the World
Espace Client
G.T.S.
GENERAL TERMS OF SALES
 
 
 
By the conditions set out below, OVERNIGHT EURO EXPRESS (here after OEE), its servants and agents shall not be liable at all for certain losses and damages, and wherever they are deemed to be liable, the amount of liability is strictly limited to the amount stated in paragraph 5. Customers are therefore advised to purchase insurance cover to ensure that their interests are fully protected in all events.
 


 
1. The courier waybill

 The OCS courier waybill is non negotiable and the shipper acknowledges that it has been prepared by the shipper or by OEE on behalf of the shipper. The shipper warrants that it is the owner of the goods transported hereunder, or it is the authorised agent of the owner of the goods and that it hereby accepts OEE terms and conditions for itself and as agent for and on behalf of any other person having any interest in the shipment.  



2. Shipper obligations and acknowledgements

 The shipper warrants that each article in the shipment is properly described on the courier waybill and has not been declared by OEE to be unacceptable for transport and that the shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care and handling. The shipper hereby acknowledges that OEE may abandon and/or release any item consigned by the shipper which was declared to be unacceptable or which the shipper has undervalued for customs purposes or misdescribed, whether intentionally or otherwise, without incurring any liability whatsoever and the shipper will save and defend, indemnify and hold blameless OEE from all claims, fines and expenses arising therefrom. The shipper shall be solely liable for all costs and expenses (which dhrll without limitation include VAT, customs duties and any similar taxes or impost) related to the shipments and for costs incurred in either returning the shipment to the shipper or warehousing the shipment pending disposition.  
The shipper acknowledges that OEE is not a common carrier and that OEE reserves the right to refuse or abandon the carriage or transportation of any good for any person, firm or company and the carriage or transportation of any class of goods at its discretion.
 


3. Right of inspection of shipment

OEE has the right but not the obligation, to inspect any shipment including, without limitation, opening the shipment.  



4. Corrections / Volumetric weight

OEE has the right to check each courier waybill or package to verify the accuracy of the data. OEE has the right to correct this data and to charge special processing fees. This article applies to both manual and electronic courier waybill. 
In order to determine the volumetric weight of a package, the following international formula will be used:
 (Length x Width x Height in cm) / 5000 = Volumetric weight in kg 
When using this formula, a higher weight than the actual weight is obtained, the higher weight will be applied to the shipment.  

 

5. Lien of goods shipped

OEE shall have a lien on any goods shipped for all freight charges, customs duties, advanced or other charges of any kind arising out of transportation hereunder and may refuse to surrender possession of the goods until such charges are paid. 

 

6. Rejection or refusal of the shipment

OEE reserves the right to refuse, withhold, cancel or return a shipment at any time, if OEE believes that the shipment may compromise (in any way) the transportation of the other shipments. The fact that OEE agrees to take charge of the shipment from the customer does not imply that the shipment complies with applicable laws and regulations. 
  


7. Material not acceptable for transport

Except with the express agreement in writing of an authorised officer of OEE, OEE will not carry : 
Currency, stamps, works of art, jewellery, precious metals, precious stones, bullion, fire arms, explosives, cashiers, cheques, money orders, travellers cheques, antiques, plants, animals, pharmaceuticals, drugs, foodstuffs, liquor, tobacco, perishables, negotiable instruments in bear form, lewd, obscene or pornographic materials, industrial carbons and diamonds, lATA restricted articles, including hazardous or combustible materials statude of any federal state or local government of any country from, to or through which the shipment may be carried and any other items from time to time notified by OEE to be a prohibited item in accordance with this paragraph 7. 

No parcel or item requiring a customs declaration is acceptable for transport out of origin country via OEE's document service. 



 8. Warsaw Convention

 If the transportation of any consignement involves an ultimate destination or stop in a country other than the country of departure, the Warsaw convention may be applicable and the convention governs and in most cases further limits the liability of OEE in respect of loss or damage to such consignment. 



9. Liability

OEE's liability is limited to the following: 
A. Loss / Damage: OEE is liable for loss or damage to the package during transport or non-delivery, except in the event of fault on the part of the shipper or consignee, force majeure, inherent defect of the object, insufficient packaging and circumstances that the carrier could not avoid and the consequences of which he could not prevent (Article 17-2 of the CMR), these cases constituting non-exhaustive cases of exemption. 
If established, OEE is liable for the "ex-factory" value of the goods, with a maximum set at 8.33 SDRs (Special Drawing Rights) per kilogram (Article 23-3 of the CMR). Compensation shall also include the reimbursement of transport costs, customs duties and other costs incurred in connection with transport, in full in the event of total loss, on a pro rata basis if the loss or damage is only partial. 

B. Delay: When the claimant has been able to establish that the delay caused him damage, the compensation due is limited to the amount of the transport price (Article 23-5 of the CMR). 

C. Compensable damage: In no event shall OEE be liable for any non-material or indirect damage whatsoever, loss of market, profit, contract, customers, profit, loss of use and loss of data. 
 


10. Insurance 

OEE will arrange insurance on behalf of the shipper, if the shipper requests it. The amount of the insurance taken may be limited by the insurance company depending on goods and of the current risk situation. Please contact our customer service in case of doubt. 

Insurance coverage will be determined by the terms and conditions contained in the insurance policy issued by the carrier insurance. The insured value automatically replaces the compensation ceiling set out in Article 9. 
 
It does not cover immaterial damage, damage resulting from delay and indirect damage whatever the cause, loss of market, profit, contract, customers, profit, loss of use and loss of data. 
 
The fault of the sender or recipient, the defect of the thing, insufficient packaging, acts of terrorism, popular movements, riots, circumstances of war, any nuclear damage also remain excluded. 
As the insurance is contracted by OEE on behalf of the shipper, the latter has a direct claim against the insurer for compensation for its loss. 



11. Claims

 A : Any claim must be brought by the shipper and delivered in writing to the office of OEE, within 10 days of the date of acceptance. No claim may be made against OEE outside that limit. 

B : No claim for loss or damage will be entertained until all transportation charges have been paid. The amounts of any such claim may not be deducted from any transportation charges owed to OEE. 

  

12. Applicability

These terms and conditions shall apply to and for the benefit of Overnight Euro express S.à r.L, and its authorised agents and affiliated companies, and their offices, directors and employees. 
 
 

13. Rights and competent courts of applications

 These general conditions are regulated by Luxembourg law and in case of dispute only the courts of Luxembourg are competent. 
 


14. Data protection and privacy

In accordance with the law on the protection of privacy with regard to the processing of personal data, OEE is authorised to collect, process and store data concerning the sender. The sender has the right to access, modify, rectify and delete information concerning him/her. To exercise any of these rights, the sender must contact OEE by mail at the following address: Overnight Euro Express Sarl, 66 rue des Celtes, L-1318 Luxembourg. 

A: OEE guarantees that: 
a. it will comply with all applicable mandatory laws, regulations and mandatory regulations relating to data protection and privacy regarding personal data processed by it in the execution of a shipment. 
b. it will put in place appropriate protection systems regarding the data held in order to prevent illegal or unauthorised access to or use of data or accidental loss, destruction or damage to such data. 
c. it will process any personal data only to the extent necessary for the execution of the shipment. 
d. the data will be kept as long as reasonably necessary. 

B: By transmitting any personal data to OEE, the Shipper grants OEE the right to use such data for the purpose of enabling OEE (or its agents or subcontractors) to perform its obligations in accordance with the relevant (international) Courier Waybill and these Terms. In particular, the Shipper grants OEE the right to communicate to customs authorities the data of the shipment, including personal information if such communications are necessary for customs clearance, and customs authorities may record and use such data, for customs and security reasons, as part of the requirements of the customs clearance process. The Shipper also grants OEE the right to communicate its data to its agents or subcontractors, and confirms that OEE may do the same with the recipient's data.
 
C: With respect to any data provided by the sender about a recipient or a third party in connection with a shipment, the sender warrants that it has complied with applicable data protection laws, including obtaining all necessary authorizations and approvals for the provision of such data to OEE, as well as OEE's processing of such data for the purpose of completing the shipment and, where the sender has provided data concerning a recipient or third party in connection with a shipment, then the sender represents and warrants that, as agent on behalf of OEE, it has complied with all data protection laws, including the communication to the person concerned of all information relating to the collection, transfer and processing of such data including, without limitation: 
a. OEE's identity as a data controller; 
b. the purposes of the processing, which must be linked to the delivery of the consignment; 
c. the categories of data that the sender will transmit to OEE; 
d. confirmation that the data will be transmitted to OEE and to OEE agents/subcontractors located in and/or outside the European Economic Area, including the United States, in connection with the completion of the shipment, including alternative delivery instructions received from the recipient; 
e. the mandatory or optional nature of providing data and the consequences of refusing to provide data; 
f. the rights of the data subject to have access to the data and to demand the correction of erroneous data or to object to their processing for legitimate reasons, and the contact details that may be used to exercise such rights. 
Shipper shall indemnify OEE for all costs, claims, damages and expenses suffered or incurred by FedEx as a result of Shipper's failure to comply with this Condition 12.C. 

D: With respect to the execution of the shipment, OEE may use the services of subcontractors or agents and such data will be transferred to them only for the execution of the services in connection with the shipment and in accordance with these Conditions. 
E: OEE, its agents and subcontractors operate worldwide. As a result of the execution of a shipment, personal data concerning senders and recipients will be transferred to the United States and to other States outside the European Economic Area that may have different levels of personal data protection. By transmitting the shipment and signing/validating the (international) consignment note, the sender consents to the transfer of such personal data to these States.