SHIPVIA PACKAGE PROTECTION TERMS & CONDITIONS

Article 6 – Risks Covered by the Guarantee

6.1. The Guarantee covers risks of loss, theft (total or partial), and damage to Goods,

excluding the risks listed in article 6.2 below.

In order to be admissible, a Claim must relate to the following triggering events:

• Loss of the Parcel: Parcel not delivered to its Recipient and not located by the Carrier

who issues a certificate of loss of the Parcel.

• Theft of the Parcel: theft of a Parcel during its transport by force, violence, threat,

break-in, use of a false identity, with murder or attempted murder (theft in the hands

of the Carrier).

• Damage to the Parcel: the product is delivered damaged compared to its condition at

the time of dispatch.

• Non-delivery of the Parcel: the Parcel has not reached its recipient and has been

declared delivered by the carrier.

NO COMPENSATION WILL BE MADE IF:

- THE PACKAGE IS NOT UNDER THE RESPONSIBILITY AND CONTROL OF THE COMMON

CARRIER;

- OR THE TRIGGERING EVENT OCCURS BEFORE THE PACKAGE IS ENTRUSTED TO THE

COMMON CARRIER OR AFTER IT HAS BEEN DELIVERED TO THE DELIVERY ADDRESS;

6.2. The Guarantee does not cover:

• DAMAGES, COSTS, LOSSES, THIRD-PARTY CLAIMS AND THEFT RESULTING DIRECTLY OR

INDIRECTLY FROM THE ABSENCE, INADEQUACY OR UNSUITABILITY OF THE

PREPARATION, PACKAGING OR WRAPPING OF THE GOODS, IN PARTICULAR RUST,

OXIDATION AND VARIOUS SCRATCHES ETC.;

• FUNCTIONAL BREAKDOWNS AND DAMAGES CAUSED BY MECHANICAL, ELECTRICAL

OR ELECTRONIC FAULTS IN THE PRODUCTS COVERED BY THE GUARANTEE WHICH ARE

NOT RELATED TO TRANSPORT;

• RISKS OF RADIOACTIVE CONTAMINATION, CHEMICAL, BIOLOGICAL, BIOCHEMICAL

AND ELECTROMAGNETIC RISKS;

• DAMAGES, COSTS, LOSSES, THIRD PARTY CLAIMS AND THEFT RESULTING DIRECTLY OR

INDIRECTLY FROM IONISING RADIATION OR RADIOACTIVE CONTAMINATION CAUSED

BY NUCLEAR FUEL OR RADIOACTIVE WASTE OR BY NUCLEAR REACTION;

• DAMAGES, COSTS, LOSSES, RECOURSE BY THIRD PARTIES AND THEFT RESULTING

DIRECTLY OR INDIRECTLY FROM THE RADIOACTIVE, TOXIC, EXPLOSIVE, DANGEROUS

OR CONTAMINATING PROPERTIES OF ANY NUCLEAR INSTALLATION, REACTOR OR ANY

NUCLEAR EQUIPMENT OR COMPONENT ATTACHED THERETO;

• DAMAGES, COSTS, LOSSES, RECOURSE BY THIRD PARTIES AND THEFT RESULTING

DIRECTLY OR INDIRECTLY FROM ANY WEAPON, DEVICE USING NUCLEAR FISSION OR

FUSION OR ANY OTHER SIMILAR NUCLEAR REACTION, OR NUCLEAR ENERGY, OR ANY

RADIOACTIVE PHENOMENON OR EFFECT;

• DAMAGES, COSTS, LOSSES, RECOURSE BY THIRD PARTIES AND THEFT RESULTING

DIRECTLY OR INDIRECTLY FROM THE RADIOACTIVE, TOXIC, EXPLOSIVE, DANGEROUS

OR CONTAMINATING PROPERTIES OF ANY RADIOACTIVE MATERIAL. THIS LAST

EXCLUSION DOES NOT APPLY TO RADIOACTIVE ISOTOPES, OTHER THAN NUCLEAR

FUELS, WHEN THEY ARE BEING PREPARED, TRANSPORTED OR STORED, OR WHEN

THEY ARE USED FOR COMMERCIAL, AGRICULTURAL, MEDICAL, SCIENTIFIC OR OTHER

PEACEFUL PURPOSES;

• DAMAGES, COSTS, LOSSES, THIRD PARTY CLAIMS AND THEFT RESULTING DIRECTLY OR

INDIRECTLY FROM ANY CHEMICAL, BIOLOGICAL, BIOCHEMICAL OR

ELECTROMAGNETIC WEAPON;

• DAMAGES, COSTS, LOSSES, THIRD PARTY CLAIMS AND THEFT RESULTING DIRECTLY OR

INDIRECTLY FROM THE USE OR OPERATION, WITH INTENT TO CAUSE DAMAGE, OF

ANY COMPUTER OR COMPUTER EQUIPMENT, COMPUTER PROGRAM OR SOFTWARE,

COMPUTER VIRUS, FALSIFIED CODE OR DATA TRANSMISSION, OR ANY OTHER

ELECTRONIC SYSTEM;

• DAMAGES, COSTS, LOSSES, THIRD PARTY CLAIMS AND THEFT ARISING DIRECTLY OR

INDIRECTLY FROM WAR (CIVIL OR FOREIGN) INVASION, TERRORISM, HOSTILE ACTION,

REPRISAL OR SABOTAGE, PIRACY, REBELLION, REVOLUTION, INSURRECTION, RIOT,

MILITARY OR USURPED POWER;

• DAMAGES, LOSS, COSTS OR LIABILITY OF THE PARTNER CAUSED BY A COMMUNICABLE

HUMAN DISEASE PROCLAIMED OR CHARACTERISED AS AN EPIDEMIC BY A

GOVERNMENT OR OTHER COMPETENT AUTHORITY OF ANY COUNTRY;

• DAMAGES, LOSS, COSTS OR LIABILITY OF THE PARTNER CAUSED BY A COMMUNICABLE

HUMAN DISEASE PROCLAIMED OR CHARACTERIZED AS AN EPIDEMIC BY THE WORLD

HEALTH ORGANIZATION (WHO);

• DAMAGES, LOSS, COSTS OR LIABILITY OF THE PARTNER CAUSED BY ARTISTIC

DEPRECIATION;

• DAMAGES, LOSS, COSTS OR LIABILITY OF THE PARTNER RESULTING FROM LOSS OF

DATA RECORDED ON MAGNETIC MEDIA;

• DAMAGES, COSTS, LOSSES, THIRD PARTY CLAIMS AND THEFT RESULTING FROM

CAPTURE, ARREST, SEIZURE, RESTRAINT, MOLESTATION OR DETENTION BY ANY

GOVERNMENT OR AUTHORITY WHATSOEVER;

• DAMAGES, COSTS, LOSSES, RECOURSE BY THIRD PARTIES AND THEFT RESULTING

FROM CONFISCATION, SEQUESTRATION, REQUISITION, BREACH OF BLOCKADE,

SMUGGLING, SEIZURE, EXECUTION OR OTHER SEIZURES. THE PARTNER AND ANY

THIRD PARTY INVOLVED IN THE PROVISION OF THE SERVICE OR THE GUARANTEE

REMAIN UNAFFECTED BY ANY SECURITY THAT MAY BE PROVIDED TO RELEASE THE

GOODS COVERED BY THE GUARANTEE FROM SUCH SEIZURES;

• DAMAGES, COSTS, LOSSES, RECOURSE BY THIRD PARTIES AND THEFT RESULTING

FROM RIOTS, CIVIL COMMOTION, STRIKES, LOCK-OUTS AND OTHER SIMILAR EVENTS;

• DAMAGES, COSTS, LOSSES, THIRD-PARTY CLAIMS AND THEFT RESULTING FROM

INTENTIONAL OR INEXCUSABLE FAULT ON THE PART OF THE CUSTOMER AND ALL

OTHER BENEFICIARIES OF THE GUARANTEE, THEIR EMPLOYEES, REPRESENTATIVES OR

ASSIGNS;

• DAMAGES, LOSSES AND COSTS RESULTING FROM INHERENT DEFECTS IN THE GOODS

COVERED BY THE GUARANTEE;

• WORMS AND VERMIN, EXCEPT IN THE CASE OF CONTAMINATION THAT OCCURRED

DURING SHIPMENT;

• THE INFLUENCE OF ATMOSPHERIC TEMPERATURE;

• ROAD BRAKING IN USE.

It is also agreed that ShipVia Couriers shall not be bound by any Guarantee, shall not provide

any service and shall not be obliged to pay any sum under these Terms and Conditions if the

implementation of such Guarantee, the provision of such service or such payment would

expose it to any sanction, prohibition or restriction resulting from a resolution of the United

Nations Organisation, and/or the economic or commercial sanctions provided for by the laws

or regulations enacted by the European Union, France, the United Kingdom of Great Britain,

the United States of America or by any other applicable national law providing for such

measures.