General Terms of Service

Express ehf., VAT no. 540478-0589, Fálkavelli 7, 235 Keflavik Airport, is the agent for UPS in Iceland. Express ehf., as an agent for UPS, offers its customers multimodal transport and port-to-port shipping subject to all the terms, conditions, and exceptions set forth in the UPS Tariff, which can be found, among other places, on its air waybills. Additionally, Express ehf. offers other services that do not fall under multimodal transport and port-to-port transport, for which the following general terms and conditions of Express ehf. shall apply.

1. Definitions
In these terms and conditions, the following terms shall have the following meanings:
“Subsidiary” is any other company that the company, Express ehf., owns in its entirety and/or holds a majority stake in, and/or controls a majority of the voting rights in, at any given time.
“Shipping document” is the company's bill of lading and/or waybill for multimodal and/or port-to-port transport.
„The Company“ Express Ltd., registration no. 540478-0589, Fálkavelli 7, 235 Keflavíkurflugvöllur, and its subsidiaries as they exist at any given time.
„SDR“ is an international unit of value used by the International Monetary Fund. The unit of value is to be calculated in terms of the currency of the country in question at the daily exchange rate prevailing at the time of payment.
“Subcontractors” are direct or indirect subcontractors as well as employees, agents, and their subcontractors.
“Product” is an article, cargo, or merchandise and includes any container or containerized unit in which goods are packed or collected, but a container means any kind of container, trailer, portable tank, flat, pallet, or any similar unit of transport, used to hold goods together. Goods are, for customs clearance purposes, any article or articles specified in a customs declaration and which may receive customs treatment in accordance with the tariff schedule.
“Client” is an individual and a legal entity and means the person who has ordered or requested that the company perform specific services and/or the person to whom the company provides services and/or the person who owns a product or has the right to own it, as well as any person acting as an employee- or agent, or otherwise acts for the benefit of the aforementioned parties and acts on their behalf.
“Service” means all work, or parts of work, that the company undertakes for a client, including, but not limited to, any advice and/or information, booking of transport, pre- and onward transport by ships, vehicles or any other means of transport as applicable, completion of bills of lading, counting, sorting and palletizing of goods, strapping of goods, loading and securing of goods in containers, warehousing, transfer of goods between containers, movement of goods and/or containers in ports or at storage areas, condition inspection of goods, transportation of goods from customer to customer, container rental, transport of ship's mail and other handling of documents, customs brokerage services, ship handling, unloading and loading of ships, onboard ship work, unloading of fishing vessels and all related work, and any other work that the company has agreed to undertake. The above list is an example of the work the company undertakes. If the company undertakes other works not mentioned above, they shall fall under this definition.

2. Scope

These terms shall apply to any service that the company or its subsidiaries provide for a customer, whether or not a charge is made for it, to the extent that such service does not fall under carriage pursuant to the company's bills of lading, mandatory laws, or other terms of the company that have been specifically agreed upon in writing to govern the legal relationship between the parties.

In the event of a conflict between these terms and the company's bills of lading, non-derogable laws, and/or other written terms, which have been expressly agreed to govern the legal relationship between the parties, these terms shall yield to such terms and laws.

These terms and conditions, including the disclaimers of liability, defenses, rights, and limitations of liability, shall apply in any legal action against the company, whether the claim is based on contract or tort, and even if liability has arisen from intent or gross negligence, breach of contract, or material breach.

These terms shall govern the legal relationship between the customer and the company, as well as the legal relationship between the owner of a product and the company, if its owner is not also a customer.

3. Service

The company commits to providing the services it undertakes for a client in a proper and diligent manner.

4. Company's Liability and Period of Liability

4.1. Liability
The Company shall be liable for damages under the general rules of tort law for a customer's direct loss attributable to the Company's or its affiliates' intent or gross negligence, with the exceptions set forth in these terms and conditions. The burden of proof for the company's liability rests with the party asserting that the company is liable.

4.2. Commencement of Liability
If the handling of a product or service involves a product, the start of liability under Section 4.1 shall be based on the time when the company has received the product into its possession. In all other cases, the start of liability shall be based on the time when the relevant service began.

4.3. Termination of Liability
If the handling of a product or service involves a product, the end of the warranty period under section 4.1 shall be determined by when the product has been delivered or when it was due to be delivered. In all other cases, the end of the warranty period shall be determined by when the relevant service is completed.

5. Amount of compensation and liability exclusions

5.1. Determination of the amount of damages
When the company is liable to pay compensation for loss of or damage to goods, the amount of such compensation shall be calculated based on the value of the goods as stated on the invoice. If the value of the goods according to the invoice is not provided, such compensation shall be calculated based on the value of goods of the same type and quality at the time of the loss. The burden of proof for the value of the goods as described above rests with the customer.

Compensation for partial damage shall be calculated proportionally, provided that such compensation can never exceed the amount that would be payable if the goods had been totally lost.

5.2. Delays and/or delay
Under no circumstances shall the company be liable for any direct, indirect, or consequential loss, cost, or damage resulting from delays or postponements. Furthermore, the company does not guarantee that products, documents, or other items will arrive at a specific location at a specific time or will be suitable for a particular market or use, unless specifically agreed upon in writing in advance.

5.3. Indirect or consequential damage
The Company shall under no circumstances be liable for indirect or consequential damages or loss of profits. The Company shall also not be liable for compensation for the value of antiques, sentimental value, or other special values.

5.4. Affirmative Defenses
The company shall under no circumstances be liable for any loss attributable to any of the following events, which are not, however, an exhaustive list of events for which the company is not liable:
1. Fire, explosion, or water damage, unless such is attributable to the gross negligence or intent of the company.
2. Insufficient or defective packaging or labeling on a product.
3. Negligence or intent of the customer or persons acting on their behalf.
4. Handling, loading, unloading, or stowing of goods, e.g., in a container or on a pallet, performed by the customer.
5. Breakdowns, operational malfunctions, power failures, or other issues that cause the company's cold storage facilities, refrigerated containers, cranes, vehicles, or other equipment to break down or not operate normally, unless such an issue is attributable to the company's gross negligence or intent.
6. Incorrect or insufficient information or data from a customer.
7. Data or information that a customer has concealed from the company.
8. Uncontrollable external events that are unforeseen and unavoidable (Force Majeure), or other external circumstances beyond the company's control.

5.5. Customer's Own Fault
Compensation to the merchant shall be reduced or canceled if it is proven that the merchant has been a contributor to the damage through intent or negligence. Furthermore, the merchant must in all cases limit their damages in accordance with the general rules of tort law.

5.6. Interest
Interest on claims against the company shall not be payable until the judgment is rendered.

6. Limitation of Liability

The amount of damages for which the company may be liable under Articles 5 to 6 of these terms and conditions shall under no circumstances be higher than as follows:

6.1. Individual Restriction
If the handling of goods or services relating to goods is involved, compensation for damage to or loss of goods shall not exceed 2 SDR per kilogram of the gross weight of the goods lost or damaged, or 667 SDR per piece or unit, whichever is higher. However, the compensation shall never exceed the value of the goods, in accordance with clause 5.1 of these terms and conditions.

For the purpose of determining what constitutes a single piece or unit, the receipt for the goods shall be the determining factor; if no such receipt is issued, the bill of lading for the transportation of the goods shall be the determining factor.

In all other cases, and when the weight and/or quantity of a product cannot be established, the compensation shall not exceed 7,500 SDR for any single loss or a series of losses with the same cause.

6.2. General limitation
The company's liability to all its customers shall be limited to 100,000 SDR for all claims arising from the same event. The right to limit under this article shall apply regardless of the basis on which the liability is founded.
Any amount subject to the limitation of liability under this article shall be distributed among the creditors in proportion to their claims. This provision shall not prevent the application of Article 6.1 of the terms for the purpose of limiting the company's liability to the relevant customer.

7. Compensation

The client shall pay the company a fee for the work and services the company provides to the client. In addition, the client shall reimburse the company for all costs the company has paid on the client's behalf. The fee and its payment shall be based on the company's applicable fee schedule at all times, unless otherwise agreed. If the fee and/or incurred costs have not been paid by the due date, the company is entitled to charge the client late fees from the due date and all collection costs that may be incurred.

8. Possessory Right and Contractual Pledge

The Company shall have a lien and a security interest on all goods in its possession for all its claims against the customer for the goods and for all other claims against him that are not connected with the goods in any way. If the company intends to exercise the foregoing lien or contractual pledge, it shall notify the customer in writing of such.

The notification shall provide a general description of the reason for the action, along with the amount of the claim or the total amount if there are multiple claims. Should the customer fail to pay the invoice following the above notification, the company is authorized to sell the product in any manner it deems most advantageous at that time, at the customer's expense and risk, and without providing the customer with separate notice.

If the proceeds from the sale of the goods are insufficient to settle the claim, the company is entitled to have the difference paid by the customer, together with interest and costs. However, if a surplus remains from the sale, after the claim has been settled along with interest and costs, it shall be paid to the customer.

9. Customer's Duties and Responsibilities

A trader is liable for damages to the company under the general rules of tort law. The trader warrants that he is the owner or rightful holder of the goods delivered to the company, or that he has full authority from the owner of the goods to request a specific service and to accept these terms on behalf of the owner of the goods.

The customer is responsible for ensuring that all applicable domestic and foreign laws, regulations, and any instructions from authorities regarding the product and the services requested from the company are complied with, as applicable.

The client warrants that all data and information that he provides to the company, and is required to provide, whether in electronic or written form, is correct and accurate. The client acknowledges that the company relies on this data and information when providing its services.

A merchant is responsible for making these terms known to its employees, agents, or others who act on its behalf.

In addition to the foregoing, the Client is obligated to indemnify and hold the Company harmless from all consequences of:
1. Information regarding the product and/or other information he/she provides to the company is incorrect, unclear, or insufficient.
2. Product packaging or labeling was poor or inadequate.
3. The loading or unloading of goods, e.g., on a pallet or in a container, by the customer or persons acting on their behalf was unsatisfactory.
4. The product has harmful or dangerous properties that were not specifically specified.
5. Any person other than a customer bases a right or authority on and/or acts upon information or advice that the company has provided to a customer.
6. The Association has become liable, without otherwise incurring liability, to pay import duties, taxes, or other public charges.
7. The customer defaults and/or violates the provisions of these terms.

10. Subcontractors

The company is authorized to hire subcontractors on any terms to perform the work and services it undertakes for a client. All employees of the company and its subcontractors shall have the right to invoke any provisions of these terms and conditions, as applicable, as the company enters into an agreement with the client for the relevant service both on its own behalf and as an agent and representative of such employees and subcontractors.

11. Sending notifications

If these terms provide that either party is to send the other party a notice, by whatever name it is called, it shall be sent by a verifiable means to the address that the parties have provided or their legal residence, as it is registered at the time the notice is sent. Provided that this procedure is followed, the notice shall have the meaning and legal effect intended for it, even if it is distorted, arrives late, or does not arrive at all.

12. Notices of Damage and Neglect

A merchant shall send the company written notification of any damage that he believes the company is responsible for, as soon as the damage is discovered and no later than ten (10) days after the shipment is delivered to the recipient.

The above notification must clearly state which product is involved, the amount of the compensation claim if possible, and the reason the company is being held liable for the incident, if applicable. Failure to report a loss as described above shall result in the customer's right to claim damages from the company for the incident being forfeited due to laches.

Notwithstanding the foregoing provisions regarding notice, all claims against the company shall be barred by laches within one year from the time as follows:

1. in the case of a claim for damage or defect in a product, from the delivery of the product or the day the company was required to deliver the product to the customer,
2. in the case of customs clearance pursuant to Article 4 of these terms and conditions, from the day the customs declaration was sent to the customs authorities, whether by SMT transmission or by other means, or
3. if neither applies, from the day the relevant service was rendered.
Otherwise, the general rules of the Law on Prescription of Claims, No. 150/2007, shall apply to the prescription of claims under these terms.

14. Jurisdiction

These terms shall be governed by Icelandic law. Disputes regarding these terms shall be brought before the Reykjavik District Court.

15. Insurance

The company does not insure products in the custody of the company, its subsidiaries, or subcontractors. For this reason, the customer is advised to insure all products against any damage that can be insured against.

16. Entry into force

These general terms of service of Express ehf. shall take effect as of November 1, 2022.
The association reserves the right to change these terms at any time. Changes shall take effect from the day the revised terms are posted on the association's website.