Terms and Conditions of use of the CNEU EXPRESS Website
The Terms and Conditions of use of the CNEU EXPRESS Website are as follows.
Please note that different terms and conditions may apply in certain countries.
1.Copyright
The copyright in this publication is owned by EURPER Tech China Corporation.
2.Authorization to Reproduce
Any person may reproduce any portion of the material in these web pages subject to the following conditions:
- The material may be used for information and non-commercial purposes only.
- It may not be modified in any way.
- No unauthorized copy is made of any CNEU EXPRESS trademark.
- Any copy of any portion of the material must include the following copyright notice:
Copyright © EURPER Tech China Corporation. All Rights Reserved.
3.CNEU EXPRESS Trademarks
‘CNEU EXPRESS’, ‘CLS Express’, ‘CLS eCommerce’, ‘CLS Supply Chain’ are trademarks of CNEU EXPRESS Ltd or any other company of CNEU EXPRESS (EURPER Tech China Corporation), registered in at least one jurisdiction. No license to use any of these trademarks is given or implied. These trademarks may not be copied, downloaded, reproduced, used, modified or distributed in any way (except as an integral part of an authorized copy of material appearing in these web pages, as set forth in the previous section paragraph) without prior written permission.
4.Other Trademarks and Trade names
All other trademarks or trade names referred to in these materials are the property of their respective owners.
5.Your Comments
CNEU EXPRESS wants your feedback and appreciates your ideas and suggestions but is unable to answer every comment individually. CNEU EXPRESS will be free to use and act on any information you submit.
6.Use of interactive features on this site
For your convenience, CNEU EXPRESS may provide interactive features on this site, such as access to tracking and user comments. You are authorized to use these features solely for the purposes specified and for no other purposes.
7.Accuracy of this site
These web pages may contain inadvertent inaccuracies or typographical errors. These will be corrected at CNEU EXPRESS’ discretion, as they are found. The information on these web pages is updated regularly, but inaccuracies may remain or occur where changes occur between updates. The Internet is maintained independently at multiple sites around the world and some of the information accessed through these web pages may originate outside of CNEU EXPRESS. CNEU EXPRESS excludes any obligation or responsibility for this content.
8.Viruses
CNEU EXPRESS makes all reasonable attempts to exclude viruses from these web pages, but it cannot ensure this exclusion and no liability is accepted for viruses. Please take all appropriate safeguards before downloading information from these web pages.
9.Disclaimer of Warranties
The services, the content and the information on this website are provided on an “as is” basis. CNEU EXPRESS, to the fullest extent permitted by law, disclaims all warranties, whether express, implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties rights and fitness for a particular purpose. CNEU EXPRESS, its affiliates and licensors make no representations or warranties about the accuracy, completeness, security or timeliness of the services, content or information provided on or through the CNEU EXPRESS web site or systems. No information obtained via the CNEU EXPRESS systems or website shall create any warranty not expressly stated by CNEU EXPRESS in these terms and conditions.
Some jurisdictions do not allow limitations of implied warranties, so the limitations and exclusions in this section may not apply to you. If you are dealing as a consumer, these provisions do not affect your statutory rights that cannot be waived, if any. You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these terms and conditions are fair and reasonable.
10.Limitation of Liability
To the extent permitted by law, in no event shall CNEU EXPRESS, its affiliates or licensors or any third parties mentioned at the CNEU EXPRESS website be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the CNEU EXPRESS website and CNEU EXPRESS systems, services, content or information whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not CNEU EXPRESS is advised of the possibility of such damages. Without limiting the foregoing, to the extent permitted by applicable law, you agree that in no event shall CNEU EXPRESS’ total liability for any damages (direct or otherwise) or loss regardless of the form of action or claim, whether in contract, tort or otherwise, exceed EUR 100.00. To the extent permitted by law, the remedies stated for you in these terms and conditions are exclusive and are limited to those expressly provided for in these terms and conditions.
11.Products and Services
Unless otherwise agreed in writing, the transportation products and services mentioned in these web pages are subject to CNEU EXPRESS’ Terms and Conditions of carriage. Since these may vary depending on location of the country of origin of the shipment, please contact the nearest CNEU EXPRESS service center to obtain a copy of the local terms and conditions. Not all of CNEU EXPRESS’ products and services may be available in every country.
12.Disclosure of Information
All information provided to CNEU EXPRESS by visitors to these web pages is considered to be confidential and will not be disclosed by CNEU EXPRESS to any third party except as may be required for the provision of the services.
CNEU EXPRESS Terms and Conditions of Carriage
(“Terms and Conditions”)
When ordering CNEU EXPRESS’s services you, as “Shipper”, are agreeing, on your behalf and on behalf of the receiver of the Shipment (“Receiver”) and anyone else with an interest in the Shipment that these Terms and Conditions shall apply.
“Shipment” means all documents or parcels that travel under one waybill and which may be carried by any means CNEU EXPRESS chooses, including air, road or any other carrier. A “waybill” shall include any Shipment identifier or document produced by CNEU EXPRESS or Shipper automated systems such as a label, barcode, waybill or consignment note as well as any electronic version thereof. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then insurance may be arranged at an additional cost. (Please see below for further information). “CNEU EXPRESS” means any member of the CNEU EXPRESS Express Network.
1. Customs Clearance
CNEU EXPRESS may perform any of the following activities on Shipper’s or Receiver’s behalf in order to provide its services: (1) complete any documents, amend product or service codes, and pay any duties, taxes or penalties required under applicable laws and regulations (“Customs Duties”), (2) act as Shipper’s forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and (3) redirect the Shipment to Receiver’s customs broker or other address upon request by any person who CNEU EXPRESS believes in its reasonable opinion to be authorized.
2. Unacceptable Shipments
A Shipment is deemed unacceptable if:
- no customs declaration is made when required by applicable customs regulations,
- it contains counterfeit goods, animals, bullion, currency, gem stones; weapons, explosives and ammunition; human remains; illegal items, such as ivory and narcotics,
- it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods) or other relevant organization (“Dangerous Goods”),
- its address is incorrect or not properly marked or its packaging is defective or inadequate to ensure safe transportation with ordinary care in handling,
- it contains any other item which CNEU EXPRESS decides cannot be carried safely or legally.
3. Deliveries and Undeliverables
Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver’s address given by Shipper but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area.
CNEU EXPRESS may notify Receiver of an upcoming delivery or a missed delivery. Receiver may be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at a CNEU EXPRESS Service Point. Shipper may exclude some delivery options on request.
If the Shipment is deemed to be unacceptable as described in Section 2, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay Customs Duties or other Shipment charges, CNEU EXPRESS shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against Customs Duties, Shipment charges and related administrative costs with the balance of the proceeds of a sale to be returned to Shipper.
CNEU EXPRESS shall have the right to destroy any Shipment which any law prevents CNEU EXPRESS from returning to Shipper as well as any Shipment of Dangerous Goods.
4. Inspection
CNEU EXPRESS has the right to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons.
5. Shipment Charges and Fees
CNEU EXPRESS’s Shipment charges are calculated according to the higher of actual or volumetric weight per piece and any piece may be re-weighed and re-measured by CNEU EXPRESS to confirm this calculation.
Shipper, or the Receiver when CNEU EXPRESS acts on Receiver’s behalf, shall pay or reimburse CNEU EXPRESS for all Shipment or other charges due, or Customs Duties owed for services provided by CNEU EXPRESS or incurred by CNEU EXPRESS on Shipper’s or Receiver’s behalf. Payment of Customs Duties may be requested prior to delivery.
If CNEU EXPRESS uses its credit with the Customs Authorities or advances any Customs Duties on behalf of a Receiver who does not have an account with CNEU EXPRESS, CNEU EXPRESS shall be entitled to assess a fee.
6. CNEU EXPRESS’s Liability
CNEU EXPRESS’s liability in respect of any one Shipment transported by air (including ancillary road transport or stops en route) is limited by the Montreal Convention or the Warsaw Convention as applicable, or in the absence of such Convention, to the lower of (i) the current market or declared value, or (ii) EUR 65 per parcel. Such limits shall also apply to all other forms of transportation.
If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Section 8 or make its own insurance arrangements.
CNEU EXPRESS’s liability is strictly limited to direct loss and damage to a Shipment only and to the per kilogram limits in this Section 6. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to CNEU EXPRESS’s attention.
CNEU EXPRESS will make every reasonable effort to deliver the Shipment according to CNEU EXPRESS’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. CNEU EXPRESS is not liable for any damages or loss caused by delay.
7. Claims
All claims must be submitted in writing to CNEU EXPRESS within thirty (30) days from the date that CNEU EXPRESS accepted the Shipment, failing which CNEU EXPRESS shall have no liability whatsoever. Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith.
8. Shipment Insurance
CNEU EXPRESS may be able to arrange insurance covering the value in respect of loss of or damage to the Shipment, provided that the Shipper so instructs CNEU EXPRESS in writing, including by completing the insurance section on the front of the waybill or by CNEU EXPRESS’s automated systems and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.
9. Circumstances Beyond CNEU EXPRESS’s Control
CNEU EXPRESS is not liable for any loss or damage arising out of circumstances beyond CNEU EXPRESS’s control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to CNEU EXPRESS; any act or omission by a person not employed or contracted by CNEU EXPRESS – e.g. Shipper, Receiver, third party, customs or other government official; “Force Majeure” – e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, civil commotion, or industrial action.
10. Shipper’s Warranties and Indemnities
Shipper shall indemnify and hold CNEU EXPRESS harmless for any loss or damage arising out of Shipper’s failure to comply with the following warranties and representations:
- all information provided by Shipper or its representatives is complete and accurate;
- the Shipment is acceptable for transport under Section 2 above;
- the Shipment was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation to CNEU EXPRESS;
- Shipper has complied with all applicable customs, import, export, data protection laws, sanctions, embargos and other laws and regulations; and
- Shipper has obtained all necessary consents in relation to personal data provided to CNEU EXPRESS including Receiver’s data as may be required for transport, customs clearance and delivery, such as e-mail address and mobile phone number.
11. Routing
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
12. Governing Law
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of CNEU EXPRESS, to the non-exclusive jurisdiction of the courts of, and governed by the law of the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
13. Severability
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.