Amazon Inbound Transportation Services Terms and Conditions

TERMS APPLICABLE TO AMAZON & PARTNERED CARRIER PROGRAMME
(Shipments from Germany to Amazon Fulfilment Centres in Germany, Poland or Czech Republic)

The terms set out below apply only to your use of transportation services offered by Amazon or its affiliates (the “Services”) in connection with the Amazon & Partnered Carrier Programme (the “Programme”). Your use of the Services in connection with the Programme is subject to these terms (the “Terms”) in addition to the terms of the Amazon Services Europe Business Solutions Agreement (the “BSA”), including the FBA Service Terms, which you have agreed with Amazon and govern your participation in FBA. Unless defined here, all capitalised terms are as defined in the BSA and the FBA Service Terms. Unless otherwise indicated references to sections refer to sections of the FBA Service Terms.

The version of these Terms in English is the definitive legal version. Translations into any other languages are available for your ease of reference only.

Amazon may amend these Terms at any time. Any changes to these Terms will be effective upon the posting of such changes on Seller Central or on the applicable Amazon Site, and you are responsible for reviewing these locations and informing yourself of all applicable changes or notices. You should refer regularly to Your Account or Seller Central respectively to understand the current Terms. YOUR CONTINUED USE OF THE SERVICES AFTER AMAZON'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THE TERMS, YOU MUST NOT CONTINUE TO USE THE SERVICES.

The Terms are as follows:

P.1. If you have registered Units on the Amazon.de site, Amazon may, at Amazon's option, offer you the choice (on a Shipment by Shipment basis) to ship Units from within Germany at your expense (as described in Section P.2 of these Terms) to Amazon's fulfilment centres in Germany, Poland, or Czech Republic, using shipping rates offered by Amazon for the Services. Amazon may subcontract or delegate performance of the Services or any of our obligations under these Terms to a third-party carrier, and may transport and deliver Shipments by any route using any means of transport, in Amazon’s discretion. You agree that for each Shipment that you make:

• You are the owner of or authorised to act on behalf of the owner of each Shipment, and that you and the consignor of the Shipment (if you are not the consignor) have complied and will comply with all applicable rules, laws and regulations with respect to the Shipment;
• Each Shipment is adequately packaged, labelled and documented to comply with applicable laws and Amazon’s requirements from time to time, and to ensure safe transportation;
• You will provide the information Amazon requests in relation to each Shipment, including without limitation its contents, weight and dimensions;
• The information you provide in relation to each Shipment, including without limitation in Seller Central, on the shipping label or in any shipping document, is true, correct and complete in all respects, and you will present all shipping documents and related information that you are required to provide at the time you tender the Shipment to us or the third-party carrier we subcontract;
• At the point of tender to us, the Shipment complies with these Terms and has not been interfered with since being packed;
• You will not ship or attempt to ship any products that are prohibited under Amazon policies applicable to the Fulfillment by Amazon programme;
• You will not use the Programme to transport dangerous goods and/or hazardous materials. Transporting dangerous goods and/or hazardous material using the Programme is strictly prohibited;
• You will not use the Programme to transport goods where this would result in a breach of EU or national customs, import controls or export controls rules;

• You will comply with any eligibility requirements as communicated to you and amended from time to time; and
• You will use the order processes Amazon requires.

Amazon may exercise any of the following rights to verify your compliance with these Terms or pursuant to your breach of these Terms or at the request of the relevant authority, as applicable:

• Refuse on pick-up or side-line on receipt any Shipment;
• Inspect, open, unpack, weigh, measure or scan any Shipment by any means at any time;
• Repackage any Shipment for delivery or return;
• Return or dispose of any undeliverable Shipment. Unless return of the Shipment is likely to cause damage to any property, injury to any person or breach any applicable law, Amazon will make commercially reasonable efforts to return any undeliverable Shipment to you at your cost; and
• Limit the number of shipping labels you are able to print, or pause or suspend access to the Services.

By taking possession of a Shipment, we do not accept that such Shipment conforms to applicable laws or these Terms. On Amazon’s request, you will provide such additional information to us as we consider necessary to meet or demonstrate your compliance with these Terms.
If Amazon chooses to make the Services available to you for a given Shipment, Amazon will provide you with the estimated shipping cost for that Shipment. The estimated shipping costs will be calculated using the information you have supplied to Amazon about the Shipment and will be made up of both:

• The Inbound Transportation Fee, and
• The Inbound Transportation Programme Fee.

You acknowledge and accept that the actual shipping cost payable by you under Section P.2 of these Terms may be different from the estimated shipping cost if:

• Amazon or any third-party carrier that we subcontract determines that the Shipment information you have provided is incorrect; or
• Additional accessorial charges apply to your Shipment. Please refer to the Seller Central page Provide Details (Amazon & Partnered Carrier Programme) for an explanation of the accessorial charges that may apply to a Shipment from time to time.

By accepting the estimated shipping cost you agree to use the Services on the basis of the information you have provided to Amazon on the Shipment. After you accept the estimated shipping cost Amazon will provide you a downloadable settlement report (a “Settlement Report”) (available at the end of each settlement period through Seller Central). Such Settlement Report will include the Inbound Transportation Fee and Inbound Transportation Programme Fee breakdown. This contractual process will apply each time you place an order for the Services under the Programme.

For every order you place under the Programme, you will be the shipper of record. You will comply with your obligations as well as all conditions of carriage or restrictions under these Terms and applicable laws. You hereby authorise any third-party carrier that we subcontract to perform the Services, to provide Amazon with all shipment tracking information relating to your orders.

Notwithstanding Section F.4, if there is a loss of or damage to any Units while in transit under the Programme, Amazon will, upon your completion of the request process Amazon requires, pay you the applicable reimbursement value (as described, and subject to the conditions set out, in the FBA inventory reimbursement policy for the relevant Amazon Site, the “Reimbursement Value”). Amazon chooses to make the Reimbursement Value available to you as an additional benefit offered in recognition of your participation in FBA. The Reimbursement Value may not be available to you where Amazon determines that you or any of your employees, contractors or agents (other than Amazon) are responsible for the loss or damage complained of. If Amazon reimburses you for a Unit, Amazon will be entitled to dispose of that Unit under Section F.7.2 and to claim and retain any compensation in respect of that Unit due to Amazon under any contract between Amazon and a third party.

You will not use any carrier account information (e.g., carrier account number, amount of shipping rates, etc.) obtained by using the Programme for any purpose, nor disclose such information to any third party, and you will protect such information as Amazon’s confidential information in accordance with Section 11 of the BSA.

The FBA Service Terms will be amended by replacing the current definition of “Units” with the following: “Unit” means a unit of your Product that is delivered to Amazon in connection with the FBA Programme in connection with a particular Amazon Site.

P.2. If you ship Units to Amazon using the Services under the Programme (made available under Section P.1 of these Terms), you will, when Amazon requires, pay Amazon both the Inbound Transportation Fee and the Inbound Transportation Programme Fee.

Definitions:

"Inbound Transportation Fee" means the amount indicated in the applicable Settlement Report downloadable in Seller Central and due from you to Amazon for a Shipment. This amount is subject to adjustment if:

• Amazon or the third-party carrier that we subcontract determines that the actual number of parcels (and/or pallets for Less than Truckload) within a Shipment or the weight and/or dimensions of any one parcel (and/or pallet for Less than Truckload) within a Shipment are different from the information about that Shipment provided by you; or
• Additional accessorial charges apply to your Shipment.

"Inbound Transportation Programme Fee" means the amount indicated in the applicable Settlement Report downloadable in Seller Central and due from you to Amazon for participation in the Programme. This amount is subject to adjustment if Amazon or the third-party carrier that we subcontract determines that the actual number of parcels (and/or pallets for Less than Truckload) within a Shipment or the weight and/or dimensions of any one parcel (and/or pallet for Less than Truckload) within a Shipment are different from the information about that Shipment provided by you.

“Shipment” means a shipment by you using the Services under the Programme.

The terms “we”, “us”, or “our” refer to Amazon.

Acknowledgement of Terms and Conditions

By making use of the Services for any Shipment transaction, you accept these Terms as applicable to the transaction.