1. SCOPE OF APPLICATION

These terms and conditions apply to transportation services delivered in relation to the E-commerce logistics operations of Åland Post Ab (“Axla”) at and from Axla’s terminal in Vantaa.

2. AXLA’S LIABILITY

The liability of Axla for damage caused by a shipment being delayed, lost or damaged or due to some other error for which Axla is responsible is stated below and in Appendix 1 (Appendix: Letter Services). The regulation below shall not be applied if mandatory provisions in the Postal Act, Provincial Law of on postal services, the Road Transport Contracts Act, the Montreal Convention or the agreements of the Universal Postal Union prevail.

Axla shall only be liable for shipments which can be tracked. Shipments that can be tracked include registered letters, cash on delivery and parcel post. Transportation of regular letters in the postal network is not tracked and consequently the item’s progress and possible damage to it cannot usually be verified afterwards. To obtain better protection, the Customer is advised to use shipment services including tracking.

Axla shall not be liable for damage due to latent defects in the goods. Neither is compensation payable for collectible, sentimental or other corresponding value of the goods. Insurance companies provide special transport insurance to cover such valuables.

In case a shipment cannot be delivered to the recipient in accordance with the given instructions, Axla shall not be liable for damage caused by the delay or other damage caused due to defective information received by Axla for the shipment concerned.

Axla shall not be liable for delays or other damage caused to the shipments due to customs operations.

In the event that Axla is held liable for property damage, also the charges collected by Axla for transportation or some other service connected to the shipment shall be returned. If it is possible to compensate the shipments only partly, the corresponding portion of transportation charges shall be paid back.

The prerequisite for Axla’s liability for damage to a shipment is that a representative of Axla has had the opportunity to verify the damage and that the shipments have signs of external damage or that it can be ensured that Axla is liable for the damage.

With regard to all types of shipments, Axla’s liability shall not exceed the maximum compensation laid down in applicable law. Axla and persons, the acts of which Axla is responsible, may invoke rules on limitation of and exemption from liability pursuant to the Postal Act, Provincial Law of postal services, agreements of the Universal Postal Union, Road Transport Contracts Act, Montreal Convention and these terms and conditions even where the claim for compensation is not based on any of mentioned regulations. This condition shall however only apply to damages that could have been claimed on the basis of these regulations. The Customer is responsible for taking out an insurance which covers any damage exceeding said maximum compensation.

Axla is entitled to select the means of transportation.

2.1. Axla’s liability as prescribed by the Provincial Law (ÅFS 2007:60) on postal services and Postal Act (FFS 2011:415)

The party that suffered the damage shall be paid compensation amounting to the demonstrated amount of loss. However, Axla’s liability for damages is limited to the amount of compensation as prescribed in section 17 of the Provincial Law on postal services and section 51 of the Postal Act.

2.2. Axla’s liability under the agreements of the Universal Postal Union

In international traffic, Axla’s liability is limited to the maximum compensation as defined in the agreements of the Universal Postal Union.

According to the agreements of the Universal Postal Union, compensation shall not be paid for regular letters, Express letters, maxi letters or delayed items in international mail traffic. Subject to country-specific exceptions, compensation shall only be paid for registered and insured letters as well as for the loss or theft of and damage to parcels.

2.3 Axla’s liability as prescribed by the Act on Road Transport Contracts (345/1979)

The maximum compensation payable to the party that suffered the damage due to a damaged, lost or reduced shipment shall be determined according to the maximum compensation in the Road Transport Contracts Act. This is only valid if the Road Transport Contracts Act is applicable to the current damage. The maximum compensation for delayed shipment shall according to the law be limited to the transportation charge (freight) for the delayed shipment.

2.4. Axla’s liability under applicable agreements for international carriage by air

All carriage by air, excluding carriage of mail and carriage of goods under the Road Transport Contracts Act, fall under the scope of the Montreal Convention (1999). Consequently, Axla’s liability shall be regulated and limited in accordance to the Convention.

3. THE CUSTOMER’S RESPONSIBILITIES

In addition to what is agreed upon in the Service Agreement, the Customer shall be responsible for the following:

The Customer is liable for the direct documented costs and damages caused to Axla due to incorrect or incomplete information and inscriptions and insufficient wrapping of the shipment or due to another Customer’s obligation being neglected.

3.1. Liquids

Shipments to be transported by air that include containers filled with liquids or solids shall be returned to the sender if information regarding the contents of the shipment is missing. The sender shall add detailed information in English about the contents of the shipment to the outside of the packages.

3.2. Fragile goods

Fragile goods shall always be packed taking the requirements of the contents into account. Fragile goods shall be packed so that the content does not move, stain or leak. The contents shall endure normal handling and be packed so that it will not cause any hazard or damage to people or property. In case of damage caused by the Customer, the Customer shall be liable for all damage to other shipments and all damage caused to Axla.

The Customer and Axla shall always agree separately on shipments that require a certain temperature or other similar special conditions. Axla shall not transport e.g. live or dead animals, live plants or perishable food items without separate agreement on the terms and conditions on the transportation with the Customer.

3.3. Dangerous goods

Axla shall not transport goods that are prohibited by law or are clearly hazardous. The Customer shall ensure that the selected mode of shipment is suitable and allowed for the contents of the shipment.

4. COMPLAINTS AND STATUTORY LIMITATION

4.1. Complaint and statutory limitation concerning damaged shipments

A complaint concerning damage to a shipment shall be made to Axla within a reasonable period from the time the damage was detected or should have been detected. A reasonable period is usually considered to be 14 days from the date on which the shipment was handed over to the recipient.

The right to compensation is forfeited if the damaged shipment is not reported as prescribed above.

4.2. Complaint and statutory limitation concerning delayed or lost shipments and incorrect payments of cash-on-delivery sums

A complaint concerning a delayed or lost shipment and incorrect payments of cash-on-delivery sums shall be presented to Axla within a reasonable period from the time the Customer was informed about the delay, loss or incorrect payment. A reasonable period, however, is considered to be no later than 30 days from the date on which the shipment was handed over for transportation or three calendar months from the date on which the cash-on-delivery shipment was handed over for transportation at the latest.

The right to compensation is forfeited if the delayed or lost shipments and incorrect payments of cash-on-delivery sums are not reported as prescribed above.

4.3. Presenting the claim for compensation

The right to compensation is forfeited if a written claim for compensation is not presented to Axla within a year after:

1. Axla’s liability for the transportation has expired, if the claim is based on damage of the shipment or partial loss of its contents or delayed delivery;

2. The Customer has submitted or should have submitted an objection concerning the loss of the shipment;

3. Axla has informed that the shipment has been lost, if the claim is based on the loss of the shipment;

4. The Customer has submitted or should have submitted an objection concerning incorrect payment or non-payment of a cash-on-delivery shipment;

5. Three months have passed from the dispatch or other details related thereto, if the claim is based on conditions other than those presented above.

According to the agreements of the Universal Postal Union, the sender shall make an inquiry about the shipment within six months from the dispatch. The right to compensation is forfeited if a written claim is not submitted to Axla within one year from the date on which Axla answered such an inquiry. This provision applies to the extent the shipment falls under the scope of the agreement of the Universal Postal Union.

5. TERMS AND CONDITIONS FOR LETTER AND PARCEL SERVICES

5.1. Joint regulations

Transportation documents

Regarding all shipments that require an address card or a shipment label with a barcode, the Customer shall use the address card and shipment labels with a bar code as approved by Axla and intended for each individual service, as well as other necessary labels and forms required by the post or customs authorities.

Packing

Items shall be packed and wrapped so that the contents do not bend, break, stain, leak, damage the package or other shipments.

Dimensions and weight

The minimum and maximum sizes and maximum weights of the services shall follow the rules and regulations of the receiving postal operator or other supplier. If the shipment does not fulfil the requirements (dimensions and weight) of the product, it shall be sent as a letter or parcel product closest to the product.

Parcel and letter services and additional services thereto

Information on available additional services to the letter and parcel products is provided on request and these shall be agreed on separately. The Customer can make a customer return agreement with Axla, which means that the company is responsible for the costs of shipments returned by the company’s customers.

5.2. Parcel and letter services within Finland

Applicable provisions and delivery times

Letters and parcels within Finland are distributed in accordance with the terms of delivery and delivery times for letter and parcel services of the receiving postal operator or other supplier.

5.3. International letter and parcel services

Applicable provisions

For international post traffic, the contractual provisions of the Universal Postal Union (UPU) shall be applied.

Letters and parcels are distributed in accordance with the terms of delivery and delivery times for letter and parcel services of the receiving postal operator or other supplier.

SDR

The currency according to Universal Postal Convention and used for invoicing international traffic services and insured shipments is SDR (IMF Special Drawing Right).

Country-specific terms and restrictions

The receiving countries can, within the framework of the contractual provisions of the Universal Postal Union and their own legislation regulate the post traffic arriving in and sent from the country. The customs and tax laws and other provisions of the receiving country can also cause country-specific prohibitions and restrictions. The rules in Finland and the EU can set restrictions on shipments to be sent from Finland to countries outside the EU.

Axla aims at providing up-to-date information about the country-specific restrictions and prohibitions. The sender shall, however, find out about the prohibitions and import regulations valid in the country of destination. Axla shall not be responsible for shipments which are prohibited or restricted in a country of destination.

As for questions about import licences and other questions related to import, the sender is recommended to contact the nearest commercial representative of the country of destination.

Custom clearance for postal items

Shipments containing items and destined to countries outside the EU and to special areas outside the EU excise and VAT area, shall be equipped with a green customs declaration (CN22) or a large customs declaration (CN23) if the maximum value of the contents is SDR 300 (approx. EUR 300). In case the value of the contents exceeds SDR 300, the shipment shall be equipped with the large customs declaration form (CN23) in as many copies as required in the country of destination. The customs declaration forms shall be filled out according to the instructions, and the nature of the shipment shall be specified (present/document/commercial samples/other). Moreover, the declaration shall specify the items contained in the shipment as well as giving their value and country of origin (the country of origin of every individual item). As for items sent for commercial purposes, the names shall be entered in accordance with the Harmonized Commodity Description and Coding System (HS). The markings shall be made in a language which is understood in the country of destination or in English or French. This shall be done in such a detailed manner that any import customs clearance can be performed without difficulty in the country of destination. A shipment sent for commercial purposes shall also have a duly signed commercial or proforma invoice in as many copies as required in the country of destination. Moreover, the sender shall be responsible for any other necessary documents or procedures related to the export of the shipment.

According to the Universal Postal Union agreements, postal operators are neither responsible for customs declarations nor for decisions made by authorities relating to customs declarations.

The customer shall see to it that all the necessary customs documents are available and correct. In mail forwarding, the general rules of the Nordic Association of Freight Forwarders shall be applied (NSAB 2015 or a more recent version of the rules).