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National Express 365 Terms and Conditions of Carriage

1.Introduction

A. These terms and conditions (“terms”) set out the basis on which National Express 365 will transport packages, documents
and envelopes (“packages”) and palletised goods (“pallets”; pallets and packages are together “shipments”).
These terms are supplemented by the current applicable National Express 365 Service and Tariff Guides (“the Guide”). The
Guide contains important details about the services of National Express 365 which the shipper should read and which form
part of the agreement between National Express 365 and the shipper.
B. Depending on the country where the shipment is presented to National Express 365 for carriage, the term “National Express 365 ” will mean
and the shipper’s contract will be with whichever of the following companies is applicable. That company will
also be the (first) carrier of the goods for the purposes of the Conventions referred to in paragraph C.
UK – National Express 365 Limited; Eire – United Parcel Service of Ireland Limited; Denmark – National Express 365 Denmark A/S; Finland –
United Parcel Service Finland Oy; Norway – National Express 365 of Norway, Inc.; Sweden – United Parcel Service Sweden
AB, all of whom can be contacted c/o Avenue Ariane 5, 1200 Brussels, Belgium (although this shall not be
taken in itself as conferring jurisdiction on any court).
C. Where carriage by air involves an ultimate destination or stop outside the country of origin the Warsaw
Convention may apply. The Warsaw Convention governs and in most cases limits the liability of carriers in
respect of loss of or damage or delay to cargo. (For the purpose of these terms the phrase “the Warsaw
Convention” means (i) the Convention for the Unification of Certain Rules Relating to International Carriage
by Air signed at Warsaw on 12th October 1929 or (ii) that Convention as amended or supplemented by any
protocol or supplementary convention or (iii) the Montreal Convention 1999, whichever is applicable.)
Notwithstanding any clause to the contrary, international carriage by road may be subject to the provisions of
the Convention on the Contract for the International Carriage of Goods by Road signed at Geneva on 19th
May 1956 (“the CMR Convention”).
D. A shipment may be carried via any intermediate stopping places that National Express 365 deems appropriate. National Express 365 may
engage sub-contractors to perform services and contracts both on its own behalf and on behalf of its
servants, agents and sub- contractors each of whom shall have the benefit of these terms.
E. In these terms, “Waybill” shall mean a single National Express 365 waybill/consignment note or the entries recorded
against the same date, address and service level on a collection record. All packages or pallets covered
under a Waybill shall be considered a single shipment. 

2. Scope of Service

Unless any special services are agreed, and subject to these terms, the service to be provided by National Express 365 is
limited to the collection, transportation, customs clearance where applicable, and delivery of the shipment.
The shipper acknowledges that shipments will be consolidated with those of other shippers for transport and
that National Express 365 may not monitor the inbound and outbound movement of individual shipments at all handling
centres.
National Express 365 is not a common carrier and reserves the right in its absolute discretion to refuse carriage to any
shipment tendered to it for transportation.
3. Conditions of Carriage

This section sets out various restrictions and conditions which apply to the carriage of shipments by
National Express 365. It also explains what the consequences are of the shipper presenting shipments for carriage which
do not meet these requirements.
3.1 Service Restrictions and Conditions
Shipments must comply with the restrictions in paragraphs (i) to (iv) below.
(i) Packages must not weigh more than 31.5 kilograms (or 70 lbs) or 70 kilograms (or 150 lbs)
(depending on the country where the shipment is presented to National Express 365 for carriage and the country of
destination, as specified in the Guides) or exceed 274 centimetres in length or a total of 400 centimetres in
length and girth combined.
(ii) The value of any package may not exceed the local currency equivalent of USD 50,000. In addition
the value of any jewellery or watches, other than costume jewellery or costume watches, in a package shall
not exceed the local currency equivalent of USD 500 unless such a shipment is tendered from eligible origins
to eligible destinations, with applicable services, set forth at ups.com/jewelry. The value of any pallet may not
exceed the local currency equivalent of USD 100,000.
(iii) Packages must not contain any of the prohibited articles listed in the Guides including (but not limited
to) articles of unusual value (such as works of art, antiques, precious stones, stamps, unique items, gold or
silver), money or negotiable instruments (such as cheques, bills of exchange, bonds, savings books, pre-paid
credit cards, share certificates or other securities), firearms and dangerous goods.
(iv) Packages must not contain goods which might endanger human or animal life or any means of
transportation, or which might otherwise taint or damage other goods being transported by National Express 365 , or the
carriage, export or import of which is prohibited by applicable law.
The shipper shall be responsible for the accuracy and completeness of the particulars inserted in the Waybill
and for ensuring that all packages set out adequate contact details for the shipper and receiver of the package
and that they are so packed, marked and labelled, their contents so described and classified and are
accompanied by such documentation as may (in each case) be necessary to make them suitable for
transportation and to comply with the requirements of the Guides and applicable law. Unless a different
service level is clearly selected on the Waybill or other applicable National Express 365 shipping documentation, shipments will
be carried under the Express service (where available to the selected destination) and all applicable charges
will be calculated accordingly.
The shipper guarantees that all packages presented for carriage under these terms comply with the
restrictions in paragraphs (i) to (iv) above and have been prepared in secure premises, by him (in the case of
an individual shipper) or by reliable staff employed by him or (where different) by the party tendering the
shipment to National Express 365 and have been protected against unauthorised interference during their preparation,
storage and transportation to National Express 365 . National Express 365 relies on this guarantee in accepting any package for carriage
hereunder. Any other packages are excluded from carriage.
3.2 Perishable and temperature sensitive goods will be transported provided that the shipper accepts that
this is at its risk. National Express 365 does not provide special handling for such shipments.
3.3 Refusal and Suspension of Carriage

(i) If it comes to the attention of National Express 365 that any shipment does not meet any of the above restrictions or
conditions or that any COD amount stated on a COD Waybill exceeds the limits specified in paragraph 8,
National Express 365 may refuse to transport the relevant shipment (or any relevant part thereof) and, if carriage is in
progress, National Express 365 may suspend carriage and hold the shipment (or any relevant part thereof) to the shipper’s
order.
(ii) National Express 365 may also suspend carriage if it cannot effect delivery, if the receiver refuses to accept delivery, if
it is unable to effect delivery because of an incorrect address (having used all reasonable means to find the
correct address) or because the correct address is found to be in another country from that set out on the
shipment or on the Waybill or if it cannot collect amounts due from the receiver on delivery.
(iii) Where National Express 365 is entitled to suspend carriage of a shipment (or any relevant part thereof), it is also
entitled to return it to the shipper at its own discretion.
3.4 The shipper must pay and indemnify National Express 365 for any reasonable costs and expenses (including storage),
incurred by National Express 365 , any losses, taxes and customs duties National Express 365 may incur and all claims made against National Express 365
because (i) a shipment does not meet any of the restrictions, conditions or representations in paragraph 3.1
above, (ii) of any refusal or suspension of carriage or return of a shipment (or part thereof) by National Express 365 which is
allowed by this paragraph 3, or (iii) of a failure by the shipper to comply with these terms. In the case of the
return of a shipment (or part thereof), the shipper will also be responsible for paying all applicable charges
calculated in accordance with the prevailing commercial rates of National Express 365 .
3.5 If the shipper tenders to National Express 365 a shipment which fails to comply with any of the restrictions or conditions in
paragraph 3.1 above without National Express 365 written consent, National Express 365 will not meet any loss howsoever arising
which the shipper may suffer in connection with the carriage by National Express 365 of such shipment (regardless of whether
that failure to comply has caused or contributed to the loss and notwithstanding any negligence on the part of
National Express 365 or its employees, contractors or representatives) and, if National Express 365 does suspend carriage for a reason
allowed by these terms, the shipper shall not be entitled to any refund on the carriage charges it has paid.
National Express 365 may bring a claim in respect of such non-compliance.
3.6 If, having suspended carriage of a shipment (or any relevant part thereof) in accordance with these
provisions, National Express 365 is unable within a reasonable time to obtain the shipper’s instructions on its disposition or to
identify the shipper or any other person entitled to the goods (having if necessary opened the shipment), National Express 365
shall be entitled to destroy or sell the shipment (or any relevant part thereof), at its absolute discretion. The
proceeds of any such sale shall first be applied to any charges, costs or expenses (including interest)
outstanding in respect of the shipment or otherwise from the shipper concerned. Any balance shall be held to
the shipper’s order.
3.7 Unless prohibited by law, National Express 365 reserves the right, but is not obliged, to open and inspect, or scan by
means of X-ray, any shipment tendered to it for transportation at any time.
4. Customs Clearance
When a shipment requires customs clearance, it is the shipper’s obligation to provide, or to ensure that the
receiver will provide, National Express 365 with complete and accurate documentation for the purpose but National Express 365 will, unless
instructed otherwise, act on behalf, at the expense and at the risk of the shipper or receiver in obtaining
customs clearance. Provided that, in the case of shipments whose points of dispatch and destination are both
within the same customs area, National Express 365 only performs customs clearance if instructed to do so. The shipper also
agrees that National Express 365 may be considered as being the receiver of the package or the shipment for the sole
purpose of appointing a customs broker to carry out any customs clearance insofar as is allowed by law.
5.  Payment
2023 National Express 365 TARIFF GUIDE REFERENCE INFORMATION

5.1 The rates for carriage and other services are set out in the Guide and, unless paid before shipment, all
charges must be paid within 7 days of receipt of invoice or within such other period as the shipper may have
agreed in writing with National Express 365 . National Express 365 may verify the actual and/or dimensional weight of shipments and, if greater
than the declared weight, invoice on such basis. Unless proved otherwise, an invoice shall be considered for
this purpose to have been received three business days following the date of invoice.
5.2 If (a) National Express 365 is required to pay any taxes, duties or levies on behalf of the shipper, receiver or a third party,
(b) the selected billing option indicates that the receiver or a third party should pay any charges, or (c) any
taxes, duties, penalties, charges or expenses are imposed, rightly or wrongly by government authorities, or
incurred by National Express 365 due to any circumstances, including any failure by the shipper or the receiver to provide
correct information and documentation or any permits or licences required in connection with carriage, the
shipper shall be jointly and severally liable to National Express 365 with the receiver and such third parties for such amounts.
In each case where the selected billing option indicates payment is to be charged, at first, to the receiver or
any third party, National Express 365 will (without prejudice to the shipper’s contractual liability for payment), first demand
payment of the relevant amount from the receiver and/or the third party. If the amount in question is not
immediately paid to National Express 365 in full by any of the above parties, the amount will be payable by the shipper on first
written demand. In any other cases, the shipper hereby undertakes to pay the mentioned amounts to National Express 365 at
first request. National Express 365 shall not be obliged to separately file a claim against the receiver or any third party for
payment. In case of doubt, the burden of proving that the amount has been paid lies on the shipper.
5.3 Any sum payable to National Express 365 which is overdue will bear interest at the rate specified on the invoice from the
due date to the date National Express 365 receives payment whether before or after judgment. In addition, National Express 365 reserves the
right to charge a late payment administration fee up to a maximum of GBP 40 (EUR 40 in Eire and Finland,
DKK 100 in Denmark, NOK 35 in Norway and SEK 50 in Sweden) per invoice.
5.4 If any sum is not paid by the shipper, receiver or some other party under these terms, National Express 365 may hold any
shipments it is carrying (or part thereof) until it receives payment in full or may sell them and use the
proceeds to make good the debt to it in accordance with applicable local law. Any unpaid balance will remain
payable.
5.5 National Express 365 S’s rates for carriage set out in the Guide are calculated only for the carriage of shipments which do
not exceed in value the amounts set out in paragraph 3.1(ii) (or other applicable value, if lower). In the event
that National Express 365 becomes aware that it has carried a shipment which, without National Express 365 express written consent,
exceeds this value, then, in addition to the otherwise applicable rates and charges and any other remedies
under these terms, an additional carriage charge equivalent to 5% of the value of the shipment in excess of
the relevant amount set out in paragraph 3.1(ii) is applicable
5.  Interruption of Service

If National Express 365 is unable to start or continue with carriage of the shipper’s shipment for a reason beyond its control,
National Express 365 will not be in breach of its agreement with the shipper but will take all steps that are reasonably
practicable in the circumstances to commence or continue the carriage. Examples of events beyond National Express 365
control are disruption to air or ground transportation due to bad weather, fire, flood, war, hostilities, civil
disturbance, acts of government or other authorities (including, without limitation, customs), labour disputes or
obligations affecting National Express 365 or some other party, delays in customs clearance and/or delays or other issues
arising out of or otherwise related to the UK ceasing to be a member of the EU.
6.  Collect on Delivery (COD)

For certain destinations and services as advised by the local UPS call centre, UPS offers a COD service on
payment of an additional charge as set out in the Guide. If the shipper makes use of this service, subject to
the provisions set out below (including those relating to currency conversion) National Express 365 will collect on behalf of the
shipper the COD amount stated on the Waybill. This service is not available for pallets.
COD amounts must be specified on the Waybill in either EUR or, if different, the currency of the country of
destination. Where any of the COD amounts specified on the Waybill, collected from the receiver and/or paid
to the shipper are in different currencies from each other, the conversion(s) will be made at such exchange
rate(s) as National Express 365 may reasonably determine.
National Express 365 does not accept responsibility for any currency exchange risks.
8.1 Cash COD – Where UPS is instructed on the Waybill in accordance with applicable National Express 365 guidelines to
accept cash only, National Express 365 will collect only cash, in the currency of the country of destination. Where cash is
collected, the maximum amount collectible in that form on behalf of a shipper shall be the local currency
equivalent of USD 5,000 per receiver per day. Notwithstanding the previous rule, the amount collectible in
cash on behalf of a shipper from receivers located in the following countries for COD shipments may not
exceed the respective amounts per receiver per day: Austria: EUR 3,500; Belgium: EUR 3,000; Denmark:
DKK 20,000; Germany: EUR 3,500; Spain: EUR 1,000; Greece: EUR 499; Portugal: EUR 1,000; Italy: EUR
999,99; France: EUR 1,000; Romania: RON 10,000 for individuals, RON 5,000 for legal entities; Sweden:
SEK 3,000, Switzerland: CHF 3,500; Poland: 15,000 PLN. If the shipper specifies a COD amount that
exceeds these limits, UPS will automatically be entitled to accept cheques for the whole or any part of that
amount. Further limitations may apply in certain countries from time to time; details of such limitations will be
set out either in the Guides or at the National Express 365 Website 
If the shipper specifies a COD amount that exceeds these limits, National Express 365 will automatically be entitled to accept
cheques for the whole or any part of that amount.
8.2 Cheque COD – If the Waybill does not clearly (and in accordance with applicable National Express 365 guidelines) instruct
National Express 365 to accept only cash, National Express 365 may accept payment either in cash (subject to the restrictions in paragraph
8.1) or by any kind of cheque made out to the shipper that is recognised in the country of destination of the
shipment. Where National Express 365 accepts cheques the maximum amount collectible in any form shall not exceed the
equivalent of National Express 365 50,000 per package (or other applicable value, if lower). Where National Express 365 is permitted to accept
a cheque, it may collect a cheque denominated in either EUR or, if different, the local currency of the country
of destination.
8.3 Payment of Collected COD Amounts – Where National Express 365 collects cash, National Express 365 will pay to the shipper an
equivalent amount in the local currency of the country where the shipment was presented to National Express 365 for
transportation. National Express 365 may make such payments of COD amounts by either wire transfer to any bank account
notified to National Express 365 by the shipper or issuing a cheque in favour of the shipper.
Any cheques in favour of the shipper, issued either by National Express 365 as set out above or by the receiver and collected
by National Express 365 pursuant to paragraph 8.2, may either be forwarded to the shipper by regular mail at the shipper’s risk
or handed over to the shipper or to any other person appearing to have authority to accept the cheque on the
shipper’s behalf.
7. Liability

9.1 Where the Warsaw or CMR Conventions or any national laws implementing or adopting these
conventions apply (for convenience referred to as Convention Rules) or where (and to the extent that) other
mandatory national law applies, the liability of National Express 365 is governed by and will be limited according to the
applicable rules.
9.2 Where Convention Rules or other mandatory national laws do not apply, National Express 365 will only be liable for failure
to act with reasonable care and skill and its liability shall be exclusively governed by these terms and (save in
the case of personal injury or death) limited to proven damages not exceeding the greater of either:
(a) GBP 60 per shipment in the case of goods presented in the UK to National Express 365 for carriage (EUR 85 in Eire
and Finland, DKK 635 in Denmark, NOK 655 in Norway, SEK 785 in Sweden); or
(b) 8.33 Special Drawing Rights (“SDRs”) per kilo of the goods affected, unless a higher value has been
declared by the shipper under paragraph 9.4 below. An SDR is a unit of account adopted by the
International Monetary Fund and its current value is regularly published in major financial newspapers. As at
the date of publication of these terms 8.33 SDRs was equal to approximately GBP 9.
9.3 If the claimant (or any person from whom he derives his right to claim) has caused or contributed to any
loss, damage or delay to a package or pallet, any liability National Express 365 may incur in respect thereof (limited as above)
may be reduced or extinguished in accordance with the law applicable to such contributory negligence.
9.4 Subject to the provisions of paragraph 9.5, the shipper may obtain the benefit of a greater limit of liability
than National Express 365 provides under paragraph 9.2 above or than may be provided by Convention Rules or other
mandatory national law. The shipper may do so by declaring a higher value on the Waybill and paying an
additional charge as stated in the Guide. If the shipper declares a higher value for carriage and pays the
applicable charge, then National Express 365 liability shall be limited to proven damages not exceeding the sum so declared.
The value of the goods concerned shall not in any event exceed the limits specified in paragraph 3.1(ii) and
the Guide.
9.5 National Express 365 shall not be liable to any party for any actual or alleged: indirect or consequential damage or loss
arising from breach of contract, tort or otherwise; or any loss of profits, anticipated profits, anticipated
savings, loss of goodwill or loss of business or opportunity, whether such losses are direct or indirect.
8. Delivery

National Express 365 may deliver a shipment to the receiver or to any other person appearing to have authority to accept
delivery of the shipment on the receiver’s behalf (such as persons at the same premises as the receiver). If
no such person is available the package may be left in the receiver’s letterbox (if suitable), delivered to the
neighbour, unless the shipper has excluded such delivery options by using the applicable additional service.
The receiver shall be informed of any alternate delivery arrangements (or redirection to a National Express 365 Access
Point®) by note left at their premises.
Notwithstanding the previous paragraph, and unless otherwise agreed with the shipper, National Express 365 may apply any
alternative delivery methods chosen by the receiver in accordance with the National Express 365 My Choice® Service Terms
or any other agreement between National Express 365 and the receiver. Such alternative delivery methods include, without
limitation, redirecting delivery of a package to an alternate address (including a National Express 365 Access Point),
authorizing the driver to leave a package at the receiver’s premises, modifying a service selected by the
shipper or, rescheduling delivery. The shipper also agrees the receiver may receive delivery information
regarding a package. The shipper expressly waives any claim it may have against National Express 365 arising from National Express 365
following any such instructions provided by the receiver.
National Express 365 may use an electronic device to obtain proof of delivery and the shipper agrees that it will not object to
UPS relying on a printed copy of this as evidence merely on the grounds that the information concerned is
obtained and stored in electronic form.
Save where Convention Rules or other mandatory national laws require otherwise, National Express 365 accepts no
responsibility in any circumstances to suspend carriage, redirect delivery (whether to a different receiver or
address from that named on the Waybill) or return a shipment to its shipper and, in the event that it should
attempt but fail to do so, shall have no liability for any losses thereby occasioned
9. Data Protection

National Express 365 has the right to process data provided by the shipper or receiver in connection with carriage by
National Express 365 , to transfer such data to other group companies and contractors of National Express 365 , including in other countries
which may not have the same level of data protection as the country where the shipment is presented to
National Express 365 , and to have it processed there if and to the extent the transfer and processing of the data in such
countries is required for performing the agreed shipment services. The shipper warrants that it (i) has
obtained personal data the shipper provided to National Express 365 for the shipment lawfully, (ii) is authorized to provide
such data to National Express 365 , including if and to the extent the transfer and processing of the data in such countries is
required for performing the agreed shipment services, and (iii) has obtained informed and specific consent
from such receiver that National Express 365 may send e-mail and other notifications related to the agreed shipment services
to the receiver. National Express 365 uses the shipper’s personal data provided by the shipper in accordance with the National Express 365.
10.Entire Agreement & Severability

It is the intention of National Express 365 that all the terms of the contract between it and the shipper are contained in this
document and in the Guide. If the shipper wishes to rely on any variation to these terms, it must ensure that
that is recorded in writing and signed by the shipper and on behalf of National Express 365 before the shipment is accepted
for carriage by National Express 365. If any part of these terms is not enforceable, this will not affect the enforceability of any
other part.
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