Terms and Conditions
The following provisions are a complete example of the Terms and Conditions of Payam Dahi Ertebat Co. (PDE) set for all postal shipments sent via PDE with the purpose of preventing the violation of the rights of the Owners of shipments.
DEFINITIONS
- Package, Shipment or consignment: Goods that are shipped from one place to another in the transportation system.
- Prohibited Goods: Goods for which import and export have been completely banned as to maintain any national and/or international interest.
- Dangerous Goods: Commonly referred to all goods which are capable of causing explosions and fires and/or posing an unreasonable risk to health, safety, property or the environment during transportation, loading, unloading, and storage operations. For this reason, in order to carry Dangerous Goods, it is necessary to obtain necessary licenses and provide supporting documents. A list of these items is provided in Appendix 1 of this Agreement. (Click to download the File)
- Declaration of Goods: Declaration of Goods is a written or oral statement in accordance with the provisions of the Law, in which the Declarant specifies the desired customs procedure for the Goods and provides the information required to implement customs regulations and issue the required bill of lading.
- Declarant: Shipment Owner or the Owner’s duly authorized representative, who declares the Goods to the customs in accordance with the provisions of the Law.
- MSDS: Material Safety Data Sheet is a document that lists information relating to safety of the Goods for air delivery and includes various sections and information about the contents of the Goods that need to be checked for delivery.
- Net Weight: The weight of the product without the addition of the packaging or container on a calibrated scale.
- Gross Weight: The weight of the product along with the packaging on a calibrated scale.
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Volumetric Weight: The Volumetric Weight is equal to length (in centimeters) multiplied by width (in centimeters), multiplied by height (in centimeters), and divided by 5000 (the following formula):
- (Length(cm) x Width(cm) x Height(cm)) ÷ 5000 = Volumetric Weight (KG)
- Chargeable Weight: According to the International Law, after comparing the Gross Weight with the Volumetric Weight of the Goods, the greater number is considered as the Chargeable Weight of the Goods.
- Shipment Owner: The Owner of Goods is the entity in whose name the original copies of the purchase and shipping documents have been issued (and in the case of goods purchased by providing bank guarantees, such documents shall be sealed by the related Bank) and the related clearance certificate is in his/her name or the said documents have been endorsed in his name and the authenticity of the applicant’s signature has been certified by the competent authority.
- Bill of Lading: This document is issued by the International Transport Company and is considered as a kind of contract for transportation and a receipt for the delivery of Goods to the related freight forwarding and shipping company.
- Consignee: The entity, to which the consignment is to be delivered at the destination, provided that the shipping documents have been issued in his/her name. This entity may be the buyer of the Goods, his/her duly authorized representative or any other entity (in coordination with the Consignor), who has somehow settled the accounts with the Consignor (shipper or sender).
- Force Majeure: A force majeure event refers to the occurrence of an event, which is outside the reasonable control of a party and is simply a naturally occurring event, such as floods, earthquakes, frosts (bad weather conditions) and spread of infectious diseases (such as COVID-19), prevents that party from performing its obligations and duties and does not encompass human actions. On the other hand, domestic and international conflicts and wars, as well as armed conflicts, are also considered Force Majeure.
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Different ways to send shipments: Shipment Owner may choose one of the following shipping methods for sending shipments, each of which is available at different charges:
- Door-to-Door: This service consists of picking up the Goods from the Consignor’s place, obtaining export permits, sending out the shipment to the destination airport and last mile delivery (being asked for any permits and licenses by customs at destination, the Consignee will be responsible for providing them all to release the shipment in his/her own country based on local customs rules).
- Door-to-Airport: This service consists of picking up the Goods from the Consignor’s place, obtaining export permits, sending out the shipment to the destination airport. Therefore, customs clearance and last mile delivery is not included in this type of service.
- Airport-to-Door: This type of service involves sending shipment from the origin airport to destination and also last mile delivery (being askedfor any permits and licenses by customs at destination, the Consignee will be responsible for providing them all to release the shipment in his/her own country based on local customs rules). Picking up the shipment from the Consignor’s place and obtaining export permits are not included in this type of service.
- Airport-to-Airport: This type of transportation involves just sending the shipment from origin airport to destination airport. Therefore, picking up the shipment from the Consignor’s place and obtaining the related export permits, as well as last mile delivery, are not included in this type of service.
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Terms of Payment: The shipment Owners may choose one of the following methods to pay the freight charges:
- RP (Receiver Pay)or EXW: The Consignee shall pay all the shipping costs from the origin to the destination plus customs duty at the destination.
- SP (Sender Pay) or DDU: The Consignor shall pay all the shipping costs from the origin to the destination plus last mile delivery, and the Consignee shall only cover the customs duty at the destination.
- DDP (Delivery-Duty-Paid): The Consignor shall pay all the shipping costs from the origin to the destination plus customs duty at the destination.
- COD (Cash on Delivery): The Consignee shall pay all the costs (purchase costs together with freight fees and all shipping costs from the origin to the destination plus customs duty at the destination) after delivery of the Goods.
Obligations and Requirements:
- In order to maintain shipping security, the Shipment Owner shall submit the Declaration of Goods regarding the value, contents, weights and specifications of the owners of the consignment (Consignee and Consignor) correctly and accurately; otherwise, the Shipment Owners will be responsible for any damages and incidental expenses.
- The Sender/Consignor or Shipment Owner acknowledges that they have read the List of Prohibited Articles (available on the website or as specified by the related regulations) and admit that their statements are true; and PDE Company is not liable for any damages and penalties in connection with such Articles.
- The List of Prohibited Articles is updated periodically, and Shipment Owner shall study the List. Therefore, PDE Company accepts no responsibility for any quantitative or qualitative changes in the List and the List of Prohibited Articles.
- The Consignor (the sender or the Shipment Owner) shall announce the articles and consignments that are particularly sensitive in terms of quantity and quality (in such a way that their maintenance and transportation requires special measures or compliance with certain safety, health and security standards) when placing the related order and obtain the related insurance letter; otherwise, PDE Company bears no responsibility for any possible damages.
- The Client shall pay the related value added tax.
- By signing on PDE Bill or placeing any order with PDE Company, the sender/consignor is construed as accepting all PDE’s regulations.
- Insurance will be at client’s demand and the related costs and charges will be calculated separately which should be paid by sende/consignor or his/her duly authorized.
- Payments made under this Agreement in respect of any claims and actions will be made in Iranian Rials (the official currency of the country of residence of PDE Company).
- For special goods and Dangerous Goods on a case-by-case basis, the offer price will be set upon providing the documents of the Goods (MSDS and other required shipping documents). The cost of packaging certain goods may be added to the freight fees and shipping costs.
- The Consignor acknowledges that the Consignee has been informed for charges at destination regarding customs duties which shall be borne by the him/her. In case of any delay or payment refusion, PDE Company accepts no responsibility for the original goods and possible damages, destruction, corruption, penalties; and, consequently, the sender/consignor and the Consignee will be jointly responsible for such payments and compensation.
- Shipment Owner agrees that PDE Company, as well as any customs and/or security officers or any other government official, may inspect the consignments at any time and stage of shipping process, and to prevent government officials from inspecting and examining the consignments is beyond PDE Company's control.
- As regards the import charges and duties at the points of arrival and customs at the destination, the declared value of the Goods by the Consignor in the proforma or the invoice shall not be construed as a basis and criterion, and the declared value of the Goods may change based on the customs appraisals or other laws and regulations or at the request of other competent authorities. Therefore, the above-mentioned tariffs may vary accordingly under the laws of the country of destination.
- In the event that the Consignor (after agreement with the Consignee) bears the customs duties at the destination, the shipment shall be sent under the terms of DDP. In this case, any delay in payment or responding to customs for duty charges (which leads to imposition of ancillary costs in connection with warehousing, destruction, reimbursement and other possible penalties) is entirely the responsibility of the Consignor and PDE Company accepts no responsibility for such delays and consequential penalties.
- Any failure to pay the remaining part of the shipping charges or to make the final settlement with PDE Company and/or non-payment of the customs duties, etc., does not create any obligation for PDE Company to complete the process of shipping and forwarding the consignment.
- In case of any increase in the shipping rate (due to changes in the exchange rate or other reasons) up to 10%, Shipment Owner assumes no obligation. However, if the rate increases over 10%, the Consignor and Consignee will be jointly responsible to settle the balance.
- Signing the receipt of the Goods (POD receipt) will be construed as receiving the Goods intact and without defects and damage; therefore, the Consignee shall check the shipment by the time of receiving the consignments. Any claim made after signing the Proof-Of-Delivery (POD) receipt will be dismissed.
- The Services will be available in remote area and inaccessible locations in cooperation with the local postal services and upon payment of the related independent costs.
- The Parties are bound by the principles of confidentiality of negotiations and agreements and the information exchanged and will adhere to such principles. All documents are considered confidential as long as they are under the control of the Parties.
- Shipment Owner shall state the exact address of the Consignor and the Consignee accurately and completely, and in case of return of the consignment (due to wrong address information), the Owner shall pay the costs and charges of returning the consignment and PDE accepts no responsibility in this regard.
- In the event that the Client does not declare the value of the consignment, the consignment will be considered as NO-Value, and in case of any problem, PDE Company assumes no responsibility for possible damages.
- PDE Company is committed to sending the shipment and has no obligation in regards with the contents of the shipment which is conducted based on the information provided by the Client.
- After making the necessary arrangements for the shipment, if it is determined that the Consignor is subject to restrictions in connection with sending the shipment to Iran and the Consignee has not taken the necessary steps for indirect placement of the orders, and such failures cause any problem for the Consignee, PDE Company shall not be held liable for any incidental damages.
- The scope of PDE Company’s liability for the shipments under this terms and conditions is stated on the back of the financial receipt (Consignment Note) and is an integral part of this regulation.
- PDE is committed to providing access and making it possible to track the shipments on the website (www.pdexp.com).
- For export shipments from Iran, - at destination - the place by the time of delivery, the second attempt would be carried out according to the local laws of the country of destination.
- The Consignor is responsible for obtaining any license required for shipment of Dangerous Goods as well as preparing the related MSDS, and such license shall be approved by PDE Company.
- PDE bears no responsibility for damages resulting from administrative delays, air/land/ocean freight delays, sanctions, Owner’s negligence, force majeure events, the Consignor’s false statements, as well as damages resulting from any change in the regulations specified on the back of the bill of lading and discrepancies in terms of quantity and quality with the information stated in the related invoices.
- PDE has no responsibility for payment of damages resulting from shipment of Prohibited Goods (whether smuggled, unlawful, in violation of domestic or foreign regulations or in violation of IATA regulations).
- PDE has no responsibility for payment of damages resulting from the Consignee’s failure to fulfill the delivery obligation (whether delayed delivery or payment refusion of customs duties and failure to submit the required documents).
- PDE has no responsibility for payment of damages arising from inspection and customs laws and flight protection, warehousing, loading and unloading, other applicable judicial and governmental regulations.
Non-Deliverable Consignments
- For a complete list of the shipping restrictions, please Click here.
- It is not possible to ship the Goods if they are classified as hazardous materials, dangerous articles and prohibited items according to the rules of the International Air Transport Association (IATA) and the International Civil Aviation Organization (ICAO).
- Any Natural or legal person whose name is mentioned in the list of international sanctioned persons is not allowed to send or receive any shipments.
- Sanctioned goods are prohibited to be either sent or received.
- In the event that the required customs declaration is not issued and submitted in accordance with the customs regulations, it is not possible to send the shipment.
- It is not possible to send the shipment if the consignment contains items that are not periodically safe or legal based on PDE Experts’ opinion (the list of such items is attached to this document).
- In case the packaging of the consignment is incomplete or improper, it is not possible to ship the consignment.
- In the event that a prohibited shipment is shipped based on the Client’s negligence and/or failure, all costs and penalties shall be borne by the Client. PDE Company accepts no responsibility for such costs.
- In general, the rules for dealing with items, that have been accepted incorrectly, are specified in the regulations. Nevertheless, consignments, such as unethical items and products, narcotics, dummy and practice ammunition, explosives, flammable or other dangerous goods and explosive devices, under no circumstances will be shipped to the destination, delivered to the Consignee, or returned to the origin. In addition, if such items are detected during the transit process, such shipments will be dealt with in accordance with the national/local laws of the discoverer country.
Shipping Insurance Regulations
- Shipment Owner may insure their consignments under PDE by paying 3% of "the value of the shipment plus the freight charges", and in case of damage or loss of the Goods with insurance coverage with a deductible franchise of 20%, Shipment Owner may apply for compensation.
- By accepting PDE insurance regulations and provisions, the Owner gives PDE the right to change or modify the packaging in accordance with the international standards. Should the Owner not agree with granting such powers, it is not possible to insure the shipments.
- Damages for not-insured shipments shall be paid by the Owner; and PDE is not responsible for providing the required insurance coverage. In this regard, Shipment Owner may use the freight insurance services provided by PDE or any other insurance company to compensate part of their possible losses in case of damages. Note: PDE is not responsible for special insurances between the Owner and different insurance companies in case of damages or losses.
- In case of damages and availability of an appropriate insurance coverage, the Parties will approve the rules of the Insurer and the amount of damages paid by such company, and PDE has no responsibility for payment of the excess.
- Giving false and untrue statements to the related insurance company by the Owner shall not create any obligations on the part of PDE.
- Owner(s) of shipment shall report and announce the loss, discrepancy or quantitative or qualitative defects to PDE formally in written form within 1 day (24 hours); otherwise, PDE assumes no responsibility.
- Payment of any damages is subject to the submission of the related supporting documents and conducting inspection and returning the defective goods to the Company, and the damages will be paid only to Shipment Owner or its duly authorized representative.
- PDE Company’s issuance of confirmation for the loss of goods requires expiration of 45 working days from the date of notification of the loss (or the announcement of the last update of the shipment status), and carrying out all necessary inspections is part of the Company's scope of work.
- In the event that the packaging process is not conducted by PDE Company, the Company will not be responsible for any damage in connection with the packaging.
- PDE is not responsible for damages resulting from failure to provide insurance coverage at the request of the Owner of Goods.
- PDE bears no responsibility for one-day delay in declaring the goods missing or discrepancies in their quantity and quality.