2020 UPS® Tariff/Terms & Conditions of Service – United States Effective July 12, 2020 2 ups.com 1-800-PICK-UPSups.com
Effective July 12, 2020 (unless otherwise noted) UPS® Tariff/Terms and Conditions of Service – United States
TABLE OF CONTENTS
1. Introduction...... 4 13. ZIP Code/Postal Code Information...... 14 2. Definitions Used...... 4 14. P.O. Boxes...... 14 3. Commodities Handled 15. UPS Customer Center and and Restrictions on Service...... 5 UPS Worldwide Express Freight® Center...... 14 3 1. Items Not Accepted for Transportation...... 5 16. Third-Party Retailer...... 14 3 .2 Maximum Values...... 6 17. UPS Access Point® Locations...... 14 3 .3 Prohibited by Law ...... 6 17 1. Ship to a UPS Access Point Location Service...... 14 3 .4 Alcoholic Beverages...... 7 3 .5 Marijuana and Hemp ...... 7 17 .2 Ship to a UPS Access Point Location Service – Deliver to Addressee Only ...... 15 3 .6 Biological Materials...... 7 17 .3 Ship to a UPS Access Point Location Service – 3 .7 Firearms and Ammunition...... 7 Package Release Code...... 15 3 .7 1. Firearms ...... 7 18. Pickup Services – Scheduled...... 15 3 .7 .2 Ammunition...... 7 ® ...... 15 3 .8 Food Transport; 19. UPS On-Call Pickup Service Assumption of Legal Responsibility...... 8 20. Saturday Air Processing Fee; Saturday Export 3 .9 Hazardous Materials Service...... 8 Processing Fee; Saturday Stop Charge ...... 15 3 10. Dry Ice...... 9 21. Drop Shipment ...... 16 3 11. Limited Quantity/ORM-D Packages...... 9 22. Delivery...... 16 3 12. Hazardous Waste, Mercury, and Mercury-Containing Waste...... 9 23. Direct Delivery Only Surcharge ...... 16 3 13. Live Animals...... 9 24. Residential Surcharge...... 16 3 14. Perishable Commodities...... 9 25. Delivery Area Surcharge...... 16 3 15. Pharmaceuticals...... 10 26. Delivery Attempts; UPS Access Point® Locations. . . .. 16 3 16. Portable Electronic Devices...... 10 ...... 17 3 17. Tobacco Products...... 10 27. Hold for Pickup and Hold at Location Services 3 18. Prohibited Item Fee ...... 10 28. Shipper Release...... 17 4. Provisions for Export and Customs Clearance 29. UPS carbon neutral...... 17 of International Shipments...... 10 30. UPS Delivery Intercept® Service...... 17 4 1. Electronic Export Information...... 11 31. Delivery Change Requests...... 17 4 .2 Certificate of Origin...... 11 4 .3 UPS Paperless® Invoice Service ...... 11 32. Correction of Addresses...... 18 4 .4 Pre-Release Notification for Import Shipments...... 12 33. Saturday Delivery...... 18 4 .5 Record-Keeping ...... 12 34. Delivery Confirmation Services...... 18 5. UPS Import Control® Service...... 12 34 1. Delivery Confirmation (domestic only)...... 18 34 .2 Delivery Confirmation Signature Required 6. Right of Inspection...... 12 (domestic and international) ...... 18 7. Refusal of Service...... 12 34 .3 Delivery Confirmation Adult Signature Required 8. Packaging...... 13 (domestic and international) ...... 18 9. Use of UPS-Provided Materials and Services. . . . . 13 35. UPS Next Day Air® Early Verbal Confirmation of Delivery...... 19 10. Use of UPS Accounts...... 13 36. Proof of Delivery (P.O.D.)...... 19 11. Use of UPS Electronic Information Systems ...... 13 37. Tracking/Tracing and Refund Request Charge...... 19 12. Timely Upload of PLD; Missing PLD Fee...... 13 12 1. Use of PLD Obtained Email Addresses 38. Special Handling of Undeliverable Shipments; and Telephone Numbers...... 13 Refused Shipments Returned...... 19 ups.com UPS Tariff/Terms and Conditions of Service – United States 3
UPS® Tariff/Terms and Conditions of Service – United States
TABLE OF CONTENTS (continued)
39. C.O.D. Service...... 19 54. UPS Service Guarantee...... 26 39 1. Preparation and Listing of C .O .D . Packages...... 19 54 1. Conditions ...... 26 39 .2 Responsibility for C .O .D .s...... 19 54 .2 Exclusions...... 27 39 .3 Consignee’s Checks in Payment of C .O .D .s...... 19 55. Claims and Legal Actions: 39 .4 C .O .D . Package of $10,000 or More...... 20 Individual Binding Arbitration of Claims...... 27 39 .5 Acceptance of Personal Check...... 20 55 1. Making Claims for Loss or Damage to Property. . . . . 29 39 .6 C .O .D . Remittance Verification...... 20 55 .2 Acknowledgment of Claims for Loss 39 .7 Restrictions ...... 20 or Damage to Property...... 29 39 .8 Charges for C .O .D . Collections...... 20 55 .3 Time Limit for Notice and Filing of Claims 39 .9 Remittance of C .O .D .s...... 20 for Loss or Damage to Property...... 29 55 .4 Investigation of Claims for Loss ® ...... 20 40. UPS Returns Services or Damage to Property...... 29 41. UPS Rates...... 21 55 .5 Salvage...... 30 41 1. Daily Rates and Retail Rates...... 21 55 .6 Disposition of Claims for Loss 41. 2 UPS® Simple Rate...... 21 or Damage to Property...... 30 41 .3 Letter Rates ...... 21 56. Responsibility for Loss or Damage...... 30 41 .4 Pak Rates...... 21 56 1. Maximum Declared Values...... 30 41 .5 UPS 10 KG Box and UPS 25 KG Box Rates...... 22 56 .2 Liability Limits...... 31 41 .6 Private Express Statutes...... 22 56 .3 Exclusions from Liability...... 32 41 .7 Rates for Large Packages; ...... 33 Large Package Surcharge...... 22 57. Data Handling 41 .8 Over Maximum Limits Charge...... 22 58. Incorporation of Documents; Waiver; 41 .9 Additional Handling Charge...... 22 Future Changes...... 33 41 10. Oversize Pallet Handling Surcharge ...... 22 42. Peak Surcharges...... 22 43. Fuel Surcharges...... 22 44. Manual Processing Charges ...... 22 45. Third Party Billing Service...... 23 46. Billing Options for Domestic Shipments...... 23 47. Billing Options for International Shipments...... 23 48. Bill My Account...... 23 49. Disbursement Fee...... 23 50. Currency Conversion Rate...... 23 51. Missing/Invalid Account Number or Refusal Fee. . . . . 23 52. Shipping Charge Corrections; Audit Fee...... 23 53. Payment of Charges ...... 23 53 1. Invoice Adjustment...... 24 53 .2 Alternative Payment Plans...... 24 53 .3 Late Payment Fee...... 26 53 .4 Lien on Shipments...... 26 4 ups.com 1-800-PICK-UPSups.com
Effective July 12, 2020 (unless otherwise noted) UPS® Tariff/Terms and Conditions of Service – United States
1. Introduction – UPS Hundredweight Service® UPS Next – “Claimant” means any person asserting The following contains the general terms Day Air Saver® any claim in any forum for legal or equi and conditions of contract under which – UPS Hundredweight Service® UPS 2nd table relief – including, but not limited to, United Parcel Service (“UPS”) is engaged in Day Air A.M®. any claim for damages, refunds, credits, injunctive relief, and declaratory relief – the transportation of Package shipments – UPS Hundredweight Service® UPS 2nd arising out of or related to the provision itself and jointly through interchange with Day Air® its affiliates via the services described below. of services by UPS. The Terms apply to the following interna – “C.O.D.” means for all purposes Collect The UPS Tariff/Terms and Conditions of tional services: Service (“Terms”) are effective on the date on Delivery. – UPS Worldwide Express Plus® set forth above and are subject to change – “Commercial” refers to any address that without prior notice. The Terms are pub – UPS Worldwide Express NA1® is not Residential. lished electronically on the UPS website – UPS Worldwide Express® (ups.com). The most current and control – “Daily Rates” and “Retail Rates” refer – UPS Worldwide Express Freight® Midday ling version of the Terms is published to the effective UPS Rates for Shipments at www.ups.com/terms. In tendering a – UPS Worldwide Express Freight® originating in the 48 contiguous United Shipment for service, the Shipper agrees – UPS Worldwide Saver® States established by UPS for the service selected by the Shipper that apply to the that the version of the Terms and the – UPS Worldwide Expedited® applicable UPS Rate and Service Guide Shipper and the Package, and are in effect – UPS 3 Day Select® from Canada (“Service Guide”) in effect at the time of at the time of shipping, plus any addi shipping will apply to the Shipment and its – UPS® Standard services tional charges or rates for nonstandard service, or additional or nonstandard transportation (however, the binding arbi “UPS Worldwide Express Freight Service” usage, and any other additional charges tration requirement in Section 55 applies includes: to all disputes within its scope, even as to referenced within the Terms or the shipments tendered before the effective – UPS Worldwide Express Freight Midday Service Guide, or those applicable date of these Terms). The Terms apply to – UPS Worldwide Express Freight additional rates set out in any custom the following services:1 ized contracts. Effective December 28, – UPS Air Services 2. Definitions Used 2015, “Daily Rates” is deemed to mean – “Alaska and Hawaii Rates” refer to the “Standard List Rates.” – UPS Hundredweight Service® Air Services effective UPS Rates for Shipments origi – “Delivery” shall be deemed to include, – UPS 3 Day Select® nating in Alaska and Hawaii published but not be limited to any of the follow – UPS Hundredweight Service® UPS 3 in the effective Service Guide for Alaska ing: (1) delivery to the Consignee or Day Select® and Hawaii, or Retail Rates established by UPS for the service selected by the the Consignee’s actual or apparent – UPS® Ground Shipper that apply to the Shipper and the agent or representative, or pursuant to – UPS® Ground with Freight Pricing Package, and are in effect at the time of Consignee’s instructions, (2) delivery to – UPS Hundredweight Service® Ground shipping, plus any additional charges or the address or location specified in the UPS Shipping System or, to any person – UPS Returns® Services rates for nonstandard service, additional or nonstandard usage, and any other present at such address, (3) delivery to “UPS Air Services” includes: additional charges referenced within an alternate address or location, includ – UPS Next Day Air® Early the Terms or the Service Guide, or those ing to a UPS Access Point® location, (4) applicable additional rates set out in any delivery in accordance with trade custom – UPS Next Day Air® customized contracts. or usage, (5) delivery pursuant to UPS’s – UPS Next Day Air Saver® driver release procedures, (6) delivery – “Business day” means Monday – UPS 2nd Day Air A.M.® pursuant to UPS’s Shipper Release proce- through Friday except the following dures, or (7) delivery otherwise permit – UPS 2nd Day Air® holidays: New Year’s Day, Memorial ted under the Terms. “UPS Hundredweight Air Services” includes: Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day – “Drop Shipment” means any Shipment – UPS Hundredweight Service® UPS Next (December 25), and New Year’s Eve.* tendered pursuant to a written agree Day Air® ment or prior arrangement between UPS – “Charges” means all applicable trans and a specific Shipper that permits the 1 portation and other charges including, The Third Party Billing Service fee described in Shipper to tender quantities of individual but not limited to, all applicable acces Section 45 applies to all UPS services worldwide, Packages directly to UPS at a UPS pre- regardless of origin or destination. sorial charges, brokerage service fees, approved designated location. *Refer to www.ups.com/holidays for service limita- surcharges, additional handling charges tions during the holiday season. and late payment fees. Any such Charges, – “Letter Rates” refers to the UPS Rates including but not limited to any sur applicable to single package Shipments Note: Visit ups.com for guarantee details, service charges, are not intended solely to cover using UPS Express® Envelope or UPS® availability, delivery time commitments or to the cost of providing service and may Letter packaging containing correspon request a pickup . result in profit to UPS. dence, urgent documents, or electronic ups.com UPS Tariff/Terms and Conditions of Service – United States 5
UPS® Tariff/Terms and Conditions of Service – United States
media, with an actual weight of eight – A “UPS Access Point®” location is an Routing Code, appropriate UPS service (8) ounces or less. (“UPS Express® independently owned and operated busi level icon, and UPS 1Z tracking number Envelope” and “UPS Letter” may be ness or a location (including a UPS Access bar code. referred to interchangeably.) Point® locker) designated as a UPS Access – “UPS Worldwide Express Freight® Point location by UPS where a Consignee – “Package” means any container and its Center” means a UPS facility where or other recipient may, where available, contents, and includes a UPS Express® Shippers may tender UPS Worldwide receive a Package Delivery. Where avail Envelope, as well as any article that may Express Freight® Service pallets to UPS able, Packages processed for shipment be handled without packaging if the han for transportation, and a Consignee or prior to tender using a UPS Shipping dling thereof can be accomplished in a other recipient may receive pallets. System may be tendered to a UPS Access reasonably safe and practicable manner. Point® location. Hours of operation and 3. Commodities Handled – “Perishable Commodity” refers to a availability of staffing vary by location. perishable commodity or a commodity and Restrictions on Service – “UPS® Automated Shipping System,” requiring protection from heat or UPS holds itself out to transport general “Source Document” and “PLD Upload.” cold, including, but not limited to, live commodities, as usually defined, subject Source Document means a shipping animals, foods, dry ice, flowers, biologi to the following restrictions. document provided by UPS for the pur cal materials. pose of tendering a Shipment to UPS for The Shipper agrees to indemnify, defend, – “Receiver” or “Consignee” refers to transpor tation. UPS Automated Shipping and hold harmless UPS and its affiliated the party to whom the Shipment is System means WorldShip® technology, companies, their officers, directors, being sent. UPS CampusShip® technology, ups.com employees, agents from all claims, demands, shipping (also referred to as online expenses, liabilities, causes of action, – “Residential” refers to an address that shipping), UPS marketplace shipping, enforcement procedures, and suits of any is a home, including, but not limited to, UPS® Developer Kit, iShip® technology, kind or nature brought arising from or a business operating out of a home. If UPS Host Access, UPS MobileTM shipping relating to a Shipment in violation of appli an address can be construed as either apps, or an approved UPS Ready® solu cable law or regulation, or of these Terms. Residential or Commercial, then it will tion that meets UPS requirements at be considered Residential. 3.1 Items Not Accepted for Transportation the time of Shipment. PLD Upload No service shall be rendered in the trans – “Shipment” means one or more Packages, means the transmission to UPS of Pack portation of any of the prohibited articles or one or more pallets in a UPS Worldwide age manifest information, including listed in the applicable Service Guide or Express Freight® Service, shipped under without limitation, by Host Manifest the Terms. a single Source Document or UPS Auto- Upload and Electronic Manifest Tool. UPS does not accept for transportation, mated Shipping System entry to one The term “UPS Automated Shipping and Shippers are prohibited from shipping: Receiver. System,” “Source Document” and “PLD – “Shipper” refers to the party holding the Upload,” individually or collec tively, – Articles of unusual value, which shall be UPS account used to process and tender are sometimes referred to by the term deemed to include, but are not limited to: a Shipment to UPS or, if no account was “UPS Shipping System.” • Any Package with an actual value of used for the Shipment, then the party – “UPS Customer Center” means a UPS more than $50,000, except that the that contracted with UPS for the Ship- facility where Shippers may tender actual value of Packages declared ment. The term Shipper does not include, Packages to UPS for transportation, in accordance with the Enhanced for example, a party to whom a Shipment and a Consignee or other recipient may Maximum Declared Value provisions was Third Party or collect billed, the receive a Package Delivery. of Section 56.1 (“Maximum Declared party who drops off a UPS Returns® Values”) cannot exceed $70,000; – “UPS Rates” refers collectively to Daily Services package, or a party that uses • Any pallet with an actual value of more Rates (which are inclusive of Standard another party’s account for a Shipment. than $100,000; List Rates), Retail Rates, Alaska and – “Third Party” means any party that Hawaii Rates, Letter Rates, Pak Rates, and • Coins, cash, currency, bonds, postage is not the Shipper or Receiver/Consignee. UPS 10 KG Box and UPS 25 KG Box Rates. stamps, money orders, and negotiable instruments (such as drafts, bills of ® – “Third-Party Retailers” means loca – “UPS Returns Services” refers collec exchange, or promissory notes, but tions of The UPS Store® centers, UPS tively to UPS Authorized Return®, Print excluding checks); Authorized Shipping Outlet locations, Return Label, Electronic Return Label, • Any article that contains more than and UPS Alliance Locations (located and Print and Mail Return Label, 1 UPS 50 percent by weight of gold or plati within Staples® retail locations). UPS may Pickup Attempt, 3 UPS Pickup Attempts, num, or any combination thereof in designate certain Third-Party Retailers as UPS Returns® on the Web, and UPS raw form including, but not limited to, UPS Access Point® locations, as that term Returns® Exchange. bullion, bars, or scraps of these metals. is defined below, but all terms and condi – “ UPS Smart Label®” tag as defined here tions applicable to Third-Party Retailers – Hazardous waste, defined as a solid and described in the UPS Guide to Labeling set forth herein shall continue to apply, waste that meets any of the criteria of the includes but is not limited to the MAXI- regardless of such designation. hazardous waste as described in 40 C.F.R. CODE, postal code bar code, current UPS § 261.3; 6 ups.com 1-800-PICK-UPSups.com
UPS® Tariff/Terms and Conditions of Service – United States
– Human remains, fetal remains, human all requirements for the shipment of Center representative upon tender of body parts, human embryos, or compo ammunition set forth in Section 3.6.2 the Package; nents thereof; (“Ammunition”), including qualifying – Packages shipped or delivered to a UPS for the exception for Limited Quantity/ – Common fireworks; Access Point® location with a value of ORM-D packages; $5,000 or more; – Replica or inert explosives or weapons – UPS Returns® Services Shipments con that bear an appearance to actual explo – Domestic Packages with a value of more taining hazardous materials (except sives or weapons (except as a contractual than $1,000 returned via Print Return for Limited Quantity/Other Regulated service); Label, Print and Mail Return Label, Materials Shipments (“ORM-D”) Ground Electronic Return Label, or 1 UPS Pickup – Packages containing marijuana, as Packages, as set forth below), or firearms, Attempt Return Services; defined in 21 U.S.C. § 802(16), includ or requiring Delivery Confirmation ing marijuana intended for medicinal Services; and – International Shipments with a value of use, and Packages containing Hemp, as more than $1,000 per Package or pallet – Any other items prohibited by the Service defined in 7 U.S.C. § 1639o, when in plant returned via UPS Print Return Label, Guide, or on the ups.com website. form; UPS Print and Mail Return Label, Shippers are prohibited from shipping Electronic Return Label, 1 UPS Pickup –Packages using the same shipping label and UPS will not accept for transportation Attempt, or 3 UPS Pickup Attempts and tracking number as any other Shipments containing articles that UPS is Return Services (including via UPS Package or a shipping label altered not authorized to accept or that UPS states Returns® on the Web) unless a UPS high- without UPS’s express authorization. in the Terms that it will not accept, includ value shipment summary is obtained If any such Package is found in the UPS ing when such Shipments are tendered for by the Shipper or person tendering the system, each such Package is subject to transportation at UPS Customer Centers, Shipment and signed by the driver or charge and UPS will apply Charges in its UPS Worldwide Express Freight® Centers, UPS Customer Center representative sole and unlimited discretion. UPS Access Point® locations, or any Third- upon tender of the Shipment; – Packages with an actual weight of more Party Retailer. – International UPS Import Control® than 150 pounds, or Packages that when UPS reserves the right, but is not required, Shipments with a value of more than measured to determine the billable to return to the Shipper any Shipment $1,000 per Package or pallet unless a weight exceed 108 inches in length, or containing a prohibited article. Such return UPS high-value shipment summary is exceed a total of 165 inches in length plus will be made solely at the Shipper’s risk and obtained by the Shipper or person ten girth [(2 x width) + (2 x height)] com expense. UPS also reserves the right in its dering the Shipment and signed by the bined. If found in the UPS system, they sole and unlimited discretion to dispose of a driver or UPS Customer Center represen are subject to one or more of the follow prohibited article found in the UPS system. tative upon tender of the Shipment; ing additional charges: Over Maximum Weight, Over Maximum Length, or Over 3.2 Maximum Values – Packages with a value of more than $500 Maximum Size. Such charges apply in UPS does not accept for service Packages shipped via a UPS Drop Box; addition to all other applicable Charges with values as set forth below: – Prepaid Letters with a value of more including, but not limited to, a Large – Any Package with an actual value of more than $100; Package Surcharge. UPS reserves the right than $50,000, or $70,000 for Packages in its sole and unlimited discretion to – Packages with a value of more than $999 declared in accordance with the Enhanced return such Packages to the Shipper at when Shipper Release is selected; Maximum Declared Value provisions of Shipper’s expense; Section 56.1 (“Maximum Declared Values”); – Packages with a C.O.D. amount in excess of $500 shipped via a UPS Drop Box; – Without prior approval by UPS, UPS – Packages with a value of $1,000 or more Worldwide Express Freight® Service pallets shipped via a Third-Party Retailer or – UPS Worldwide Express Freight® Service that exceed maximum size or weight UPS Access Point® location (including a Shipments having a value of more than restrictions (which vary by origin and UPS Access Point® locker) if such Packages $100,000 per pallet. https://www. destination) as set forth at were processed for shipment using a UPS ups.com/assets/resources/media/wwef_ 3.3 Prohibited by Law Shipping System prior to drop off at the max_dim.pdf No service shall be rendered by UPS in . Such pallets are subject to Third-Party Retailer or UPS Access Point® an Oversize Pallet Handling Surcharge. the transportation of any Shipment that location or billed using Bill My Account; is prohibited by applicable law or regula – Shipments tendered (including pre- – Packages processed for shipment prior tion of any federal, state, provincial, or processed drop offs) to a Third-Party to tender using a UPS Shipping System local government in the origin or destina Retailer or UPS Access Point® location and tendered to a UPS driver or UPS tion country. It is the responsibility of containing any hazardous materials Customer Center with a value of more the Shipper to ensure that a Shipment requiring shipping papers, firearms, or than $1,000, unless a UPS high-value tendered to UPS, and any UPS Shipping ammunition. These prohibitions also shipment summary is obtained by the System entry that the Shipper prepares for apply to shipments delivered to a Third- Shipper or person tendering the Package that Shipment, does not violate any federal, Party Retailer or UPS Access Point loca and signed by the driver or UPS Customer state, provincial, or local laws or regula tion, except for ammunition that satisfies tions applicable to the Shipment. ups.com UPS Tariff/Terms and Conditions of Service – United States 7
UPS® Tariff/Terms and Conditions of Service – United States
3.4 Alcoholic Beverages which Shippers are prohibited from each Package containing a firearm Packages containing alcoholic beverages shipping, which UPS is not authorized to (including handguns). UPS, in its sole and (wine, beer, or spirits) are accepted for accept, which UPS states that it will not unlimited discretion, may require the transportation only as a contractual accept, or which UPS has a right to refuse. Shipper to select a UPS Next Day Air® deliv service and only from Shippers who are UPS reserves the right to discontinue ery service for any Package containing a licensed and authorized under applicable service to any Shipper for, among other firearm. Handguns (as defined by 18 U.S.C. laws to ship alcoholic beverages. To receive reasons, tendering a Package containing § 921) will be accepted for transportation service for Packages containing alcoholic Marijuana, Hemp, or Hemp products that only via a UPS Next Day Air delivery beverages, the Shipper must enter into do not comply with all applicable laws or service. an approved UPS agreement for the the Terms. See ups.com/hemp for additional – Firearms (including handguns) are transportation of wine, beer, or spirits, information. accepted for transportation only via as applicable. For all Packages containing 3.6 Biological Materials Scheduled Pickup Service or at a UPS alcoholic beverages, the Shipper must use UPS accepts Packages containing “Biological Customer Center. Firearms (including Delivery Confirmation Adult Signature Substance, Category B” as defined in 49 handguns) are not accepted for transpor Required service requesting an adult signa C.F.R. § 173.134, which are prepared in tation via UPS Drop Boxes or in response ture for each Package containing alcoholic accordance with all aspects of 49 C.F.R. to a request for UPS On-Call Pickup® beverages, and must affix a special UPS § 173.199. service, and are not eligible for Delivery alcoholic beverages label to each Package. Change Requests (including, but not For all U.S. inbound import Shipments Transportation of other biological materials limited to, requests reroute) or UPS My containing alcoholic beverages, the is limited, must be prearranged, and will Choice® requests, or drop-off or pickup Receiver must be licensed and authorized only be provided under the following at UPS Access Point® locations or Third- to receive the alcoholic beverages. It is the conditions: the Shipper has received prior Party Retailers. UPS Returns® Services responsibility of the Shipper to ensure that written authorization from UPS for the are not available for Packages containing a Package tendered to UPS does not violate specific Package tendered; and the Shipper firearms. any federal, state, or local laws or regula requests service in accordance with the tions applicable to the Package. conditions set forth in the written authori – Firearm parts, which do not constitute zation from UPS for the Package tendered. firearms as defined under federal law UPS reserves the right to dispose of any Any Package containing biological materials (including without limitation Title 18, alcoholic beverages tendered for ship shall be considered a Perishable Commodity. Chapter 44, and Title 26, Chapter 53 of ment which Shippers are prohibited from the United States Code), and which other shipping, which UPS is not authorized to 3.7 Firearms and Ammunition wise comply with federal, state, and local accept, which UPS states that it will not UPS accepts Packages containing firearms law, will be accepted for transportation. accept, or which UPS has a right to refuse. or ammunition only pursuant to the UPS reserves the right to discontinue following limitations. – Firearms (including handguns) and fire service to any Shipper for, among other arm parts are not accepted for shipment 3.7.1 Firearms reasons, tendering a Package containing internationally. Replicas or simulated UPS accepts Packages containing firearms alcoholic beverages that does not comply firearms are not accepted for shipment (as defined by Title 18, Chapter 44, and internationally except as a contractual with all applicable laws or the Terms. Title 26, Chapter 53 of the United States service. 3.5 Marijuana and Hemp Code) only (a) between licensed importers, See www.ups.com/content/us/en/resources/ Shipment of Marijuana, as defined in 21 licensed manufacturers, licensed dealers, ship/packaging/guidelines/firearms.html U.S.C. § 802(16), is prohibited under any and licensed collectors (as defined in Title or contact UPS for more information. circumstances. Shipment of Hemp, as 18, Chapter 44 of the United States Code), defined in section 297A of the Agricultural and government agencies; and (b) where 3.7.2 Ammunition Marketing Act of 1946, is also prohibited not otherwise prohibited by federal, state, UPS accepts ammunition for transporta when in plant form (including parts of or local law from (i) an individual to a tion where such ammunition constitutes the plant, except as set forth in 21 U.S.C. § licensed importer, licensed manufacturer, “cartridges, small arms,” as defined in 49 802(16)(B)(ii)). Products made from Hemp licensed dealer or licensed collector; and C.F.R. § 173.59. The Shipper shall comply (including cannabidiol) are accepted for (ii) from a licensed importer, licensed with and shall ensure that each Shipment shipment only as permitted by state and manufacturer, licensed dealer, or licensed containing ammunition complies with all federal law, including compliance with collector to an individual. The Shipper federal, state, and local laws applicable to the Food, Drug & Cosmetic Act, 21 U.S.C. shall comply with and shall ensure that the Shipper, recipient, and Package, includ § 321, et seq. Shippers are prohibited each Shipment containing firearms complies ing, without limitation, age restrictions. from shipping Hemp products except as with all federal, state, and local laws – Ammunition will be transported only allowed under all applicable law, and it is applicable to the Shipper, recipient, and when packaged and labeled in compli the responsibility of the Shipper to ensure Package, including, without limitation, ance with 49 C.F.R. § 172 (Hazardous compliance with all such laws. age restrictions. Materials), and must be shipped in accor UPS reserves the right to dispose of any – The Shipper must use Delivery dance with the UPS Guide for Shipping shipment containing Marijuana, Hemp, or Confirmation Adult Signature Required Ground and Air Hazardous Materials. Hemp products tendered for shipment and Direct Delivery Only services for Ammunition may not be shipped in the same package as a firearm. 8 ups.com 1-800-PICK-UPSups.com
UPS® Tariff/Terms and Conditions of Service – United States
– To meet the exception for Limited responsibility to establish and maintain for ensuring that all of its employees Quantity/ORM-D, ammunition can be records as provided in this paragraph, involved in the preparation of Hazardous shipped via UPS Ground only within regardless of any FDA-designated compli Materials for transport are properly trained, the 48 contiguous United States or UPS ance date for any provision of 21 C.F.R. Part tested, and certified in accordance with 49 Ground Intra-Oahu and Intra-Alaska. All 1 Subpart J. C.F.R. Part 172.700 through 172.704, or with other allowable ammunition Shipments IATA (Section 1.5) and for ensuring that a 3.9 Hazardous Materials Service are accepted only on a contractual basis, program exists for the retraining, testing, Hazardous Materials, defined as those and must be prepared under the rules for and certification as required by these rules. materials regulated under Title 49 of the a fully regulated hazardous material. See Code of Federal Regulations (49 C.F.R.) All packaging used by the Shipper for the further details in Section 3.11 (“Limited (excluding Limited Quantity/Other transportation of Hazardous Materials, Quantity/ORM-D Packages”). Regulated Materials Shipments (“ORM-D”) when required by regulation, must pass – Ammunition is not accepted for ship Ground Packages, as referenced below), UN performance testing in accordance ment internationally. and Dangerous Goods, defined as those with 49 C.F.R. Part 178.602 through materials regulated by the International 178.609 or IATA (Section 6.0). See www.ups.com/content/us/en/ Civil Aviation Organization (ICAO) resources/ship/packaging/guidelines/ The Shipper must use a software system, and published in the International Air firearms.html or contact UPS for more such as the most current version of Transport Association (IATA) Dangerous information. WorldShip® software that is acceptable to Goods Regulations (collectively referred to UPS for the preparation of documents for 3.8 Food Transport; Assumption as “Hazardous Materials,” or “Dangerous shipping Hazardous Materials, or an alter of Legal Responsibility Goods,” or “International Dangerous native method determined by UPS in its Shipments containing “food,” as defined Goods”), are accepted for transportation sole and unlimited discretion to perform in section 201(f) of the Federal Food, only as a contractual service and in accor the same functions. UPS will provide Drug, and Cosmetic Act, will be accepted dance with the UPS Guide for Shipping Shippers, upon request, a list of vendors for transportation only according to the Ground and Air Hazardous Materials, or who provide acceptable software systems. following terms. Shipper assumes all the UPS Guide for Shipping International responsibility with respect to establishing Dangerous Goods. To receive Hazardous UPS reserves the right to refuse to accept, and maintaining all records required under Materials or Dangerous Goods service, to return, or to dispose of, in compliance 21 C.F.R. Part 1 Subpart J §§ 1.326-1.363. the Shipper must sign and agree to the with applicable laws and regulations, any In so doing, Shipper assumes the legal provisions set forth in an approved UPS Hazardous Material that it determines not responsibility under 21 C.F.R. § 1.363 for agreement or agreements relating to have been prepared in accordance with establishing and maintaining records that specifically to the transportation of the UPS Guide for Shipping Ground and Air would otherwise be required to be main Hazardous Materials, Dangerous Goods, Hazardous Materials, the UPS Guide for tained by UPS. Shipper agrees its records or International Dangerous Goods Shipping International Dangerous Goods, will comply with 21 C.F.R. § 1.352 and (“Hazardous Materials Agreement(s)”). and all applicable governmental laws shall identify the immediate recipient of Contact UPS for specific information, and regulations. The Shipper agrees to the transported food; the origin and des including a list of “Common Items That reimburse UPS for any costs or expenses tination points of shipment; the date the May Be Classified as Hazardous Materials.” incurred as a result of any improperly Shipment is received and the date released; packed or prepared Hazardous Materials An additional charge will be assessed for the number of Packages shipped; a descrip which Shipper tenders to UPS. In addition, each Hazardous Materials Shipment. If tion of the freight describing the type of the Shipper agrees to reimburse UPS for the Shipper fails to select a service level, food received and released; and the route any costs or expenses incurred by UPS provide the Dangerous Goods Class, or of movement. Shipper agrees expressly if Hazardous Materials tendered by the identify that a Shipment is not fully regu to make all records required by 21 C.F.R. Shipper are refused by the Shipper upon lated, the Shipment will be charged at § 1.352 available to FDA as required by return or cannot otherwise be delivered the highest level of service, as Accessible 21 C.F.R. § 1.361. Shipper commits, and for any reason including, but not limited Dangerous Goods, as fully regulated, or recognizes that it has the responsibility, to, wrong delivery address or refusal of any combination of the above based on to ensure that all such records are main- Receiver to accept Delivery. the Shipper’s failure to provide sufficient tained consistent with the record retention information to UPS. UPS may also assess UPS reserves the right, in its sole and requirements provided in 21 C.F.R. § 1.360 an additional surcharge for Packages unlimited discretion and without prior and the record availability requirements or pallets containing certain types of notice to the Shipper, to dispose of any provided in 21 C.F.R. § 1.363. Shipper Hazardous Material. Applicable surcharges international Shipment containing agrees that within 45 days of the date of are described in the Service Guide and at Dangerous Goods refused by the Receiver shipment, Shipper will obtain or request the ups.com website. or which for any other reason cannot be from UPS any information needed from delivered. Shipper shall be responsible for UPS to satisfy Shipper’s responsibility to It is the Shipper’s responsibility to deter all disposal fees. establish and maintain records. Shipper mine if a Shipment contains a Hazardous recognizes that the foregoing obligations Material and to properly classify, label, The Shipper agrees to indemnify, defend, with respect to establishing and maintain mark, and package it in accordance with and hold harmless UPS, its parent corpora ing records cannot be terminated. Shipper applicable governmental regulations. tion, and affiliated companies, their officers, expressly agrees to immediately assume When required, the Shipper is responsible directors, employees, agents, and their ups.com UPS Tariff/Terms and Conditions of Service – United States 9
UPS® Tariff/Terms and Conditions of Service – United States
successors and assigns, from all claims, Shippers are prohibited from shipping UPS Ground with Freight Pricing service, demands, expenses (including reasonable and UPS will not accept for transporta and UPS Hundredweight Service® Ground, attorney’s and consultants’ fees), liabilities, tion Shipments containing any Hazardous and via UPS Standard to Canada and UPS causes of action, enforcement procedures, Materials requiring shipping papers Ground Intra-Alaska and Intra-Oahu and suits of any kind or nature brought by (defined as those materials regulated services, when properly classified, pack a governmental agency or any other person under Title 49 of the Code of Federal aged and marked, provided the Shipper or entity arising from or relating to the Regulations) or Dangerous Goods requir has reviewed the required checklist and transportation of a Hazardous Materials ing Shipper’s Declaration for Dangerous service restrictions with a UPS representa Shipment, from the Shipper’s breach of Goods documents, when such Shipments tive. Limited Quantity Packages shipped the Hazardous Materials Agreement(s) are presented for shipment at UPS via UPS Air Services and UPS 3 Day Select® or the Terms, or from the Shipper’s non- Customer Centers, Third-Party Retailers, service within the United States and compliance with governmental laws or or UPS Access Point® locations. Hazardous Puerto Rico are accepted for transporta regulations applicable to the transporta Materials requiring shipping papers tion on a contractual basis only. Limited tion of Hazardous Materials whether cannot be picked up via UPS On-Call Quantity/ORM-D Packages containing such action is brought by a governmental Pickup® service, or retrieved via any UPS ammunition are not accepted for shipment agency or other person or entity. Under Returns® Service, except as a contractual internationally. no circumstances shall UPS be liable service. UPS Ground with Freight Pricing 3.12 Hazardous Waste, Mercury, for special, incidental, or consequential service is not available for Hazardous and Mercury-Containing Waste damages arising from the transportation Materials Shipments (unless the Package Packages containing hazardous waste, of a Hazardous Materials Shipment. qualifies as a Limited Quantity/ORM-D defined as a solid waste that meets any Package as set forth in Section 3.11 Pursuant to 49 C.F.R. Part 173.30, in the of the criteria of hazardous waste as (“Limited Quantity/ORM-D Packages”)). event the Shipper loads any UPS vehicle, described in 40 C.F.R. § 261.3, are not the Shipper agrees to segregate Hazardous Additional terms applicable to the ship accepted for transportation. Materials in accordance with 49 C.F.R. Part ment of Hazardous Materials are set forth UPS’s acceptance for transportation of any 177.848 and properly secure Hazardous in the UPS Guide for Shipping Ground and elemental mercury, mercury-containing Materials in accordance with 49 C.F.R. Air Hazardous Materials, and the UPS Guide material, or used mercury-containing Part 177.834. for Shipping International Dangerous device (including, but not limited to, Goods, the terms of which are each incor- UPS does not accept Hazardous Materials medical devices, spent fluorescent lamps, porated here by this reference and avail in any amounts that require placarding thermostats, or thermometers) is limited, able at https://www.ups.com/content/us/ under 49 C.F.R. Part 172, Subpart F. The must be prearranged, and will only be en/resources/ship/hazardous. Shipper agrees not to tender Hazardous provided pursuant to prior written autho Materials to UPS in any amount for a single 3.10 Dry Ice rization from UPS upon satisfaction of vehicle that would require placarding in Packages containing dry ice (carbon certain requirements including appropri accordance with 49 C.F.R. Part 172, Subpart F. dioxide, solid) as a refrigerant, but no other ate packaging and financial assurances. Hazardous Materials, are accepted for UPS reserves the right to discontinue 3.13 Live Animals transportation within the United States or terminate service immediately with UPS provides service on a limited basis via UPS Ground and UPS Air Services respect to the transportation of Hazardous for some types of live animal Shipments. (provided such Packages are prepared in Materials if the Shipper fails to comply (The term “animal” as used here refers accordance with all applicable govern with any provisions of the Terms, or any to anything living, except plants.) Live mental regulations) without a Hazardous applicable government regulations (includ animals may be shipped only pursuant to Materials Agreement. Packages contain ing Limited Quantity/ORM-D Shipments the restrictions and conditions set forth ing Hazardous Materials that use dry ice that are tendered without the proper ship on the ups.com website regarding Shipping (carbon dioxide, solid) as a refrigerant are ping documentation). If a Shipper tenders Live Animals. A live animal Shipment will accepted for transportation within the an undeclared Hazardous Materials Ship- be considered a Perishable Commodity. United States via UPS Ground and UPS Air ment to UPS, UPS shall not be liable for Access http://www.ups.com/content/us/en/ Services only as a contractual service. Any the Shipment in the event of loss, damage, resources/ship/packaging/guidelines/ Package containing dry ice will be consid delay, or misdelivery, nor shall UPS be animals.html or contact UPS for informa ered a Perishable Commodity. Packages liable for any special, incidental, or conse tion regarding shipping live animals. containing dry ice may be tendered for quential damages. shipment at The UPS Store® locations, 3.14 Perishable Commodities If the Shipper ships Hazardous Materials where such services are available. A UPS does not provide a protective service from more than one location, and the contract is required for all international for the transportation of Perishable Shipper fails to comply with any provisions Shipments of dry ice. Commodities. Such commodities will of the Terms, the Hazardous Materials be accepted for transportation solely at 3.11 Limited Quantity/ORM-D Packages Agreement(s), or any governmental regula the Shipper’s risk for any damage arising Limited Quantity/ORM-D Packages are tions, UPS may, in its sole and unlimited from the perishable nature of the item. accepted for transportation without discretion, terminate all of the Shipper’s Shippers shall not file claims for, and UPS Hazardous Materials shipping papers and shipment locations or limit such termina shall not be liable to Shippers or any third without a contract, only within the 48 tion to those locations where the failure parties for, any damage arising from the contiguous United States via UPS Ground, to comply occurred. transportation of Perishable Commodities 10 ups.com 1-800-PICK-UPSups.com
UPS® Tariff/Terms and Conditions of Service – United States
arising from exposure to heat or cold or the make other Tobacco Product Shipments, 4. Provisions for Export and Customs perishable nature of the item, regardless of the Shipper must sign, agree to, and Clearance of International Shipments whether the Shipment is delivered pursu comply with the provisions set forth in an The Shipper (or the party tendering an ant to an applicable UPS Service Guarantee approved UPS agreement for the transpor international Shipment to UPS for service, or is delayed in transit. UPS reserves the tation of Tobacco Products. Shippers and referred to for purposes of this Section right to dispose of any Shipment in the receivers must comply with all applicable 4 as “Shipper”) is responsible for com UPS system containing a Perishable federal, state, provincial, or local laws pliance with all applicable U.S. export Commodity that UPS deems in its sole or regulations, and all Tobacco Product control requirements, and must provide and unlimited discretion to be of no value, Shipments must conform to the terms, UPS with all documentation and informa unsafe or unsanitary. conditions, restrictions, and prohibitions tion required by the laws of the origin set forth at www.ups.com/tobacco at the and destination countries for export and 3.15 Pharmaceuticals time of shipping. It is the responsibility import of Shipments (i.e., for export and The Shipper shall comply with and shall of the Shipper to ensure that a Shipment ensure that each Shipment containing tendered to UPS, including a Tobacco customs clearance). The Shipper is respon pharmaceutical products complies with Product Shipment, does not violate any sible for determining export and import all applicable federal, state, provincial, and federal, state, provincial, or local laws or licensing or permitting requirements local laws and regulations governing the regulations applicable to the Shipment. for a Shipment, obtaining any required dispensing, shipment or tender of ship For all Tobacco Product Shipments, the licenses and permits, and ensuring that ment of pharmaceutical products. Shipper must use Delivery Confirmation the Consignee is authorized by the laws of the origin and destination countries to 3.16 Portable Electronic Devices Adult Signature Required service request receive the Shipment. The Shipper must UPS transports Shipments containing radio ing an adult signature at the time of regularly review its import and export frequency identification devices (RFID), delivery. UPS reserves the right to refuse to transactions and immediately notify UPS ultrawideband devices (UWB), and other accept, transport, or deliver any Tobacco Product Shipment that UPS, in its sole and of any incorrect or incomplete informa portable electronic devices (PED) only unlimited discretion, determines does not tion provided, including information filed when such devices are in an inactivated comply with UPS requirements for the with, or otherwise transmitted (whether state or otherwise in compliance with shipment or any applicable law or regula in writing or electronically) to, a U.S. or applicable law including 14 C.F.R. § 91.21, tion, and to discontinue any or all service other governmental agency. By tender 14 C.F.R. § 121.306, or 47 C.F.R. § 15.521(a). to any Shipper for, among other reasons, ing an international Shipment for service 3.17 Tobacco Products tendering such a Shipment. UPS reserves and providing UPS with documentation Shipments containing Tobacco Products the right to dispose of any Tobacco Product (including any Source Documents), the (“Tobacco Product Shipments”), are Shipment that Shippers are prohibited Shipper certifies that the documentation accepted for transportation only from from shipping, that UPS is not authorized includes all required licenses and permits, Shippers who are licensed and autho to accept, that UPS states that it will not that the statements in that documenta rized to ship Tobacco Products pursuant accept, or that UPS has a right to refuse. tion and any other information that the Shipper provides to UPS relating to expor to applicable laws. UPS does not provide 3.18 Prohibited Item Fee tation and importation are complete, true, service to any person or entity listed in the Packages that contain any of the prohibited correct, and in compliance with the laws Bureau of Alcohol, Tobacco, Firearms and articles listed in the applicable Service Explosives PACT Act – Non-Compliant List. Guide or the Terms are subject to additional of the origin and destination countries, and that the Consignee is authorized by For purposes of the UPS Tariff/Terms and charges, including but not limited to a the laws of the origin and destination Conditions of Service, the term “Tobacco Prohibited Item fee, if found in the UPS countries to receive the Shipment. Further Products” is defined at www.ups.com/ system. Packages that contain restricted more, the Shipper understands that civil tobacco. Shippers should consult articles not in compliance with all UPS and criminal penalties including seizure www.ups.com/tobacco for the current policies and procedures and applicable and forfeiture, may be imposed for failing definition of Tobacco Products, as the defini laws and regulations are also subject to to provide UPS with all required documen tion may change periodically. At present, additional charges, including but not tation, licenses, permits, statements, and and without limiting the complete defini limited to a Prohibited Item fee, if found information, for making inaccurate, false, tion posted at www.ups.com/tobacco, the in the UPS system. Such charges apply in or fraudulent statements, or for violating term “Tobacco Products” includes any addition to all other applicable Charges U.S. or other country laws regulating product made or derived from tobacco and in addition to any other rights to exports or imports (see, e.g., 13 U.S.C. that is intended for human consump recovery UPS may have under the Terms or applicable law. UPS reserves the right in § 305; 18 U.S.C. §§ 545, 554 and 1001; 19 tion, including any component, part, or its sole and unlimited discretion to dispose U.S.C. §§ 1595a and 1592; 22 U.S.C. § 401; accessory of a tobacco product; the term of such Packages, submit such Packages and Subchapter C of 15 C.F.R. (i.e., The includes, without limitation, e-cigarettes, to governmental authorities, or return Export Administration Regulations)). e-hookah, e-cigars, vape pens, advanced such Packages to the Shipper solely at the refillable personal vaporizers, and Shipper further authorizes UPS to share Shipper’s risk and expense. The Shipper electronic pipes. information generally considered con agrees to reimburse UPS for any costs or fidential under 19 CFR 111.24 or any UPS prohibits the shipment of Cigarettes expenses incurred as a result of Shipper ten applicable laws, rules, or regulations of or Little Cigars (as those terms are defined dering any such Packages to UPS, including countries other than the United States at ups.com/tobacco) to consumers. To but not limited to all disposal fees. ups.com UPS Tariff/Terms and Conditions of Service – United States 11
UPS® Tariff/Terms and Conditions of Service – United States
that govern the confidentiality of customs including, but not limited to, fines, penal 4.1 Electronic Export Information brokerage data, including but not limited ties, liquidated damages, storage charges, If Electronic Export Information (EEI) to information concerning points of duties, fees, taxes, late payment fees, or is required to be filed through the contact, addresses and telephone numbers, other money due, arising from the trans Automated Export System (AES) under revenue, and customs entry data, with portation, importation, exportation, or the Foreign Trade Regulations of the U.S. corporations owned by or under common customs clearance of Shipments on behalf Bureau of the Census (“Census”) (i.e., Part ownership with UPS, with corporations of the Shipper, or arising from the Shipper’s 30, 15 C.F.R.), and the Shipper has not owned and operated by United Parcel noncompliance with the laws of the origin filed the EEI and provided an Internal Service, Inc., Delaware, or with UPS’s and destination countries, or UPS require Transaction Number (ITN) to UPS to authorized service providers incidental ments applicable to the Shipment. confirm that an EEI transaction was sub to their provision of services. mitted to Census by the Shipper accepted UPS provides routine customs clearance and is on file in the AES, UPS will electroni When an international Shipment is ten through UPS Supply Chain Solutions® cally file the required EEI on behalf of the dered to UPS, UPS is thereby appointed brokerage offices designated by UPS for Shipper, provided that all information as the agent for performance of customs handling customs clearance of Shipments required to file the EEI is supplied by the clearance in the destination country to at no additional charge, except for UPS® Shipper in the UPS Shipping System or the extent allowed by law. The Shipper Standard to and from Canada Shipments, other export documentation and UPS has shall provide all Powers of Attorney and for which a brokerage service charge received proper authorization or a Power other authorizations required by appli applies. Other UPS Supply Chain Solutions® of Attorney from the Shipper to complete cable law for UPS to serve as the Shipper’s customs brokerage offices charge fees for and file the EEI. A processing fee will be agent to perform customs clearance in the the clearance of Packages and freight. For assessed and billed to the Shipper. The destination country. UPS is specified as UPS Standard to Mexico, UPS Supply Chain Shipper is solely responsible for determin the nominal Consignee for the purpose of Solutions® customs clearance is required. ing whether EEI is required to be filed designating a customs broker to perform Failure to do so will result in Packages through the AES for its shipment and for customs clearance. Local authorities may automatically returned to Shipper. ensuring that the EEI is accurately and require documentation confirming that Additional charges may apply for complex timely filed, whether by the Shipper or by UPS has been designated as the nominal customs clearance procedures, which UPS acting as the filing agent on behalf of Consignee. include, but are not limited to, the the Shipper. Fines, penalties, liquidated damages, following: 4.2 Certificate of Origin storage charges, or other expenses incurred – Clearance procedures involving a govern UPS may, based solely on information that as a result of an action by U.S. Customs ment agency other than U.S. Customs the Shipper furnishes, prepare a Certificate and Border Protection (or any other U.S. and Border Protection; of Origin for goods manufactured and orig or other country’s government agency reg – Customs Bonds; inating within the United States on behalf ulating imports or exports), or as a result – Drawbacks; of the Shipper when one is required but of the failure of the Shipper or Consignee not included with the export documents to provide complete, true, and correct doc – Formal entries involving more than provided by the Shipper. When authoriz umentation, statements, or information three tariff lines; ing UPS to prepare a Certificate of Origin, required by the laws of the origin and des – Live Entries; the Shipper certifies that the information tination countries (including the failure – Country of Origin Marking; or it provides to UPS is complete, true, and to obtain a required license or permit) will – Temporary Import Bonds (T.I.B.). correct and that the completed Certificate be charged to the Shipper or Consignee of Origin complies with the laws of each along with any applicable duties, fees, or UPS is under no obligation, unless the country where a claim will be made that taxes, and any applicable late payment customer requests in writing and UPS the goods are manufactured and originate fees assessed by UPS. Unless a written agrees in writing, to undertake any pre- in the United States. A processing fee will agreement between UPS and the Shipper or post-importation action including, but be assessed and billed to the Shipper. specifies otherwise, UPS reserves the right not limited to, obtaining binding rulings, in its sole and unlimited discretion to advising of liquidations, filing protests, 4.3 UPS Paperless® Invoice Service charge the Shipper or Consignee for any or filing petitions for relief. A Shipper must register with UPS and such fines, penalties, liquidated damages, UPS may prepay duties, fees, or taxes on accept the UPS SCS Paperless Invoicing storage charges, expenses, duties, fees, taxes, behalf of the payer. For importation into Terms and Conditions in advance of ship or late payment fees. Regardless of any such the United States, a fee will be assessed and ping to use UPS Paperless Invoice service, written agreement specifying otherwise, billed to the importer. A fee may also apply where such services are available. The in the event of non-payment by the Con for shipments to other countries. Shipper also acknowledges that, by continu signee, the Shipper is liable for all Charges. For any claims arising from import, export ing to use UPS Paperless Invoice service, The Shipper agrees to indemnify, defend, or customs clearance activities, the liabil the Shipper is accepting any updates and hold harmless UPS, its parent cor ity of UPS (including UPS Supply Chain and revisions to the UPS SCS Paperless poration, and affiliated companies, their Solutions) shall be limited to the lesser of Invoicing Terms and Conditions. By using officers, directors, employees, agents, and (i) $50 per entry, filing, or transaction; or UPS Paperless Invoice service (via a UPS their successors and assigns, from any and (ii) the amount of fees paid to UPS for such Automated Shipping System or any other all claims, demands, expenses, or liabilities entry, filing, or transaction. method, including, but not limited to, an 12 ups.com 1-800-PICK-UPSups.com
UPS® Tariff/Terms and Conditions of Service – United States
API platform or a third-party system) or any 4.5 Record-Keeping Notwithstanding anything herein to other means on a UPS Automated Shipping The Shipper agrees and consents that UPS the contrary, for all UPS Import Control® System to electronically generate a paper may preserve a record of the carriage for Shipments tendered to UPS for export less invoice, the Shipper authorizes UPS to an international Shipment using means from the U.S., that transit the U.S., or that use the Shipper’s letterhead and electronic other than producing a copy of the air contain U.S.-origin goods, the sender signature and the data, documents, and waybill. The Shipper has a duty to and is or tendering party is the exporter for information that the Shipper provides solely liable for maintaining all records as purposes of the Export Administration to generate true, correct, and paperless required under the export and customs or Regulations (“EAR”), and it shall be respon invoices that reflect, in all material respects, other laws of the origin and destination sible for determining licensing authority the Shipper’s actual commercial invoice and countries, unless otherwise agreed to in (license, license exception, or NLR) and the Shipper’s sale transactions of merchan writing. UPS assumes no responsibility to obtaining the appropriate license or other dise to its buyers (i.e., the “Sold To” Parties) act as a record-keeper or record-keeping authorization as provided in Section 4 and that are necessary to expedite in accor agent for the Shipper. (“Provisions for Export and Customs dance with law the export and customs Clearance of International Shipments”). clearance of international Shipments. The 5. UPS Import Control® Service In no event shall a party arranging for Shipper shall provide to UPS in advance UPS Import Control® service allows a UPS Import Control® service provide all required information including, but Shipper to process an import Shipment, a writing assuming responsibility for not limited to, the true and accurate price including commercial invoice. Where determining licensing requirements and at which the merchandise was sold to the available, a Shipper may use UPS Import obtaining license authority for any UPS “Sold To” Party, any required additions to Control® service to create a Print Import Import Control Shipment to the tendering customs value (e.g., dutiable commissions, Label, Electronic Import Label, or Print party. UPS does not agree to serve as the royalty/license fees, assists, packing costs, and Mail Import Label to provide to the exporter for purposes of the EAR. and proceeds of subsequent sales), the cur sender or party tendering the Shipment rency of the sale, country of origin, terms to UPS, or a Shipper may request 1 UPS 6. Right of Inspection of sale, the quantities, ultimate Consignee, Pickup Attempt or 3 UPS Pickup Attempts UPS reserves the right in its sole and and a complete commercial description to request that UPS make pickup attempts unlimited discretion to open and inspect of the merchandise. By using the service, to retrieve import Shipments from a any Shipment tendered to it for transporta Shipper represents and certifies that the sender’s address. 3 UPS Pickup Attempts tion, but is not required to do so. data, documents, and information the is not available for UPS Worldwide Shipper provides is true, complete, and Express Freight® Service Shipments. UPS 7. Refusal of Service accurate and that the paperless invoice the Import Control® service is available only UPS reserves the right to refuse to provide Shipper prepares is, in all material respects, in countries where UPS pickup services service, among other reasons, for any an electronic copy of the actual commercial invoice provided to the buyer. The Shipper are available. An additional charge will Shipment which by reason of the danger shall have an affirmative, non-delegable be assessed for each unique UPS Import ous or other character of its contents may, duty to disclose to UPS any and all required Control label. in the sole judgment of UPS, soil, taint or otherwise damage other Shipments or commercial invoice information, in accor Shipments containing certain items are UPS’s equipment, or which is improperly dance with 19 C.F.R. Part 141, Subpart F prohibited from being shipped and are not or insecurely packed or wrapped, as deter (Invoices) for shipments entering the United accepted by UPS for UPS Import Control® mined by UPS in its sole judgment. States and any other laws governing valu service including, but not limited to, ation and invoicing requirements of other Hazardous Materials Shipments requiring Before accepting any Shipment, UPS countries of destination or origin, and to shipping papers, firearms, or Shipments reserves the right to require sufficient ensure its accuracy and completeness. The requiring Delivery Confirmation Services. verification, as determined by UPS in Shipper shall maintain and produce to UPS, C.O.D. service is not available for UPS its sole and unlimited discretion, of the if requested, a copy of the original com Import Control® Shipments. Shipper’s name and address, or any other mercial invoice (between the buyer and the information necessary to accept the The maximum actual or declared value seller) and provide timely upload of PLD to Shipment for service. UPS reserves the for each UPS Import Control® Shipment use UPS Paperless Invoice service. right to refuse to provide service for any is $50,000 per Package and $100,000 per 4.4 Pre-Release Notification Shipment or to or from any location, or pallet, provided that, for any UPS Import for Import Shipments to provide alternative service arrange Control® Package or pallet with an actual A Shipper or Consignee may request that ments, or to intercept, hold or return any or declared value in excess of $1,000, the UPS notify the Consignee prior to sub Shipment when, among other reasons, Shipper must ensure that a UPS high-value mission of a U.S. import Shipment to U.S. UPS, in its sole and unlimited discretion, shipment summary is generated and signed Customs and Border Protection so that the determines that it is unsafe or economi by the UPS driver or UPS Customer Center importer may validate the classification, cally or operationally impracticable to representative upon tender of the Ship valuation, or other import information. provide service, that its services are being ment to UPS. If no high-value shipment An additional fee applies for this service used in violation of federal, state, or local summary is obtained and signed, the and will be billed to the importer or to law, or for fraudulent purposes, or when maximum actual or declared value of each the Shipper when the Shipper is selected the account of the person or entity respon such Package or pallet is limited to $1,000. as the payer of the duties and taxes for sible for payment is not in good standing. the Shipment. ups.com UPS Tariff/Terms and Conditions of Service – United States 13
UPS® Tariff/Terms and Conditions of Service – United States
8. Packaging able to be lifted by forklift, and shrink- 12. Timely Upload of PLD; Missing It is the responsibility of the Shipper to wrapped or banded to a skid. Shipper must PLD Fee ensure that proper packaging is used and ensure that pallets and packaging comply The Shipper must provide Timely Upload that contents are adequately and securely with all applicable laws and regulations of Package Level Detail (“PLD”) to UPS. packed, wrapped, and cushioned for of the origin and destination country. If timely upload of PLD is not provided, transportation. Shipments must be so certain UPS services are unavailable, packed or wrapped as to meet UPS’s pub 9. Use of UPS-Provided Materials including but not limited to Direct Delivery lished standards related thereto set forth and Services Only, Ship to a UPS Access Point® location, in the Service Guide, or on the ups.com UPS-provided materials including, but UPS Delivery Intercept® service, and UPS website, and as to pass tests set forth in not limited to, packaging materials and Proactive Response® service. Timely Upload the International Safe Transit Association supplies, envelopes, labels, label printers, of PLD as used in these Terms refers to the (“ISTA”) Procedure 3A, Procedure for shipping documents, publications and electronic transmission of all applicable Testing Packaged Products, published by products are provided solely for the use PLD information to UPS at or before the ISTA. Acceptance of tender by UPS is not of UPS Shippers to obtain UPS services on time that Shipments are tendered to UPS. an indication that a Package is packed in their behalf and to interact with UPS. Any PLD includes, but is not limited to, Con- accordance with UPS’s published stan other use of such UPS-provided materials signee’s full name, complete delivery dards. In addition, any tested product must is strictly prohibited. address, and Shipment dimensions and be free from damage and the packaging weight. If Shipper does not upload all must afford reasonable protection as deter UPS Express® Envelopes, UPS Express® Pak, UPS Express® Boxes, UPS Express® Tubes, applicable PLD information to UPS, UPS mined by UPS in its sole judgment. reserves the right to determine missing UPS 10 KG Box and UPS 25 KG Box pack PLD to be used for invoice purposes in its Shipments containing goods of high value aging may not be used for UPS® Ground, sole and unlimited discretion, up to and or high risk, including without limitation UPS® Standard, UPS 3 Day Select®, or UPS jewelry, pharmaceuticals, computers, including maximum size and weight for Worldwide Expedited® Shipments. hand-held electronic devices, mobile the applicable service. In addition, a pro telephones, and electronic components Under no circumstances may a Shipper sell cessing fee will be charged for missing PLD of these, must not have labels, customized any UPS-provided materials, products, or if Shipper does not upload all applicable shipping labels (including as created in a services to any third party without prior PLD information to UPS prior to Package UPS Automated Shipping System), mark written authorization from UPS. Delivery. ings, logos, or other written notice of A weekly charge applies for use of UPS- 12.1 Use of PLD Obtained Email Addresses contents contained within the Package. provided thermal label printers. and Telephone Numbers The use of UPS-provided packaging is not By including the email address or telephone a guarantee that an item is sufficiently 10. Use of UPS Accounts number of the Consignee or associated packaged for transportation. UPS does not UPS account holders are prohibited from addressee in PLD for a Shipment (“PLD provide special handling for Shipments permitting the use of their UPS accounts Contact(s)”), the Shipper acknowledges with “Fragile,” orientation markings (e.g., by any third party to process or tender a and agrees that UPS may use such PLD “UP” arrows or “This End Up” markings), Shipment to UPS without prior written Contact(s) and may send notifications or any other similar such markings. approval from UPS. UPS account holders related to the delivery of such Shipment to When shipping media of any type contain are also prohibited from using their UPS the Shipment’s associated PLD Contact(s). ing sensitive personal information (such as accounts to process or tender a Shipment The Shipper warrants that (i) informed personal financial or health information), to UPS on behalf of any third party and specific consent, in compliance with it is recommended that the Shipper retain without prior written approval from UPS. all applicable laws, rules, and regulations a copy of the data and secure the data on (including, where applicable, of the juris the media through encryption or other 11. Use of UPS Electronic Information diction of Consignee’s domicile), has been technological means. UPS is not liable or Systems secured from the individual associated responsible for loss of, damage to, or irre Use of UPS electronic information systems with each PLD Contact to receive notifi cations from UPS related to the delivery trievability of data stored on media of any to which Shippers are granted access by of such Shipments and for use by UPS of type, or for loss of information, including UPS and which are accessed by means the PLD Contact(s) and that (ii) the PLD without limitation personal, health or of hardware, software, or internet inter Contact(s) is accurate and is controlled by financial information. For the shipment of faces, including UPS Shipping Systems, the Consignee or associated addressee for electronic media, or for breakable items, are subject to and will be governed by the Shipment with which it is associated. see the packaging guidelines located at the the terms in effect at the time of ship Shipper will store such consents and, upon ups.com website. The guidelines advise ping for the relevant system, including request by UPS, make available such con against the use of UPS Express® Envelopes, without limitation, the UPS Technology sents to UPS. UPS Express® Pak, or UPS Express® Pad Agreement, the iShip® Master Enterprise Paks to ship sensitive personal information Service Agreement, the ConnectShip® End The Shipper shall defend, indemnify and or breakable items. User License Agreement, or that agreement hold harmless UPS, its parent corporation, UPS Worldwide Express Freight® Service licensing use of a UPS Ready® solution. and affiliated companies, their officers, Shipments must be palletized, stackable, directors, employees, agents, and their 14 ups.com 1-800-PICK-UPSups.com
UPS® Tariff/Terms and Conditions of Service – United States
successors and assigns, from and against payment to be made at Customer Centers ups.com website. Subject to modification any and all liability, losses, damages, costs and UPS Worldwide Express Freight® by the Shipper, UPS Access Point® locations and expenses (including reasonable legal Centers by payment card only. will hold Packages for up to seven (7) fees) of any nature whatsoever incurred calendar days. Refer to tracking detail for or suffered in connection with damages 16. Third-Party Retailer Package-specific information, including arising out of or resulting from any The UPS Store® locations are independently but not limited to, the last available pickup breach of the warranties in the previous owned and operated by licensed franchi date. Shipments not picked up within paragraph. sees of The UPS Store, Inc., a subsidiary seven (7) calendar days (or other time of United Parcel Service, Inc., and are not selected by the Shipper) will be considered The Shipper agrees that UPS and its repre agents of UPS. Other Third-Party Retailers undeliverable, and may be returned to sentatives may contact the Shipper at any are independently owned and operated the Shipper. See further details in Section telephone number UPS has on file for the businesses and are not agents of UPS. UPS 38 (“Special Handling of Undeliverable Shipper, including through the use of auto assumes no liability other than to the Third- Shipments; Refused Shipments Returned”). dialed and/or prerecorded calls and text Party Retailer as the Shipper of the Package, Before accepting a Shipment tendered for messages. for lost, damaged or delayed Packages transportation or releasing any Shipment 13. ZIP Code/Postal Code Information sent by the Third-Party Retailer. Any such at a UPS Access Point® location to a liability to the Third-Party Retailer is Consignee or other recipient, a Shipper, The Receiver’s ZIP Code is a required part subject to the limitations set forth in the Consignee, or other recipient may be of the address for domestic Shipments. Terms. All inquiries regarding Packages required to produce sufficient verifica When available, ZIP+4 should be used. shipped by any Third-Party Retailer must tion of the Shipper’s or recipient’s name, The Receiver’s postal code, telephone be directed to the Third-Party Retailer that address, authorization to ship or receive number, and contact name are required shipped the Package. UPS will deal solely the Shipment, and any other information parts of the address for international with the Third-Party Retailer in all matters UPS deems necessary to accept or release Shipments. concerning Packages shipped by any Third- the Shipment in its sole and unlimited 14. P.O. Boxes Party Retailer including, but not limited discretion, including, without limita to: tracking/tracing requests; claims and tion, provision of government-issued UPS does not provide Delivery to a P.O. guarantees; C.O.D. preparation and remit identification. Box. The Shipper must make every effort tance; return of undeliverable Packages; to obtain a street address. If the Shipper 17.1 Ship to a UPS Access Point proper packaging and labeling; and billing. should use a P.O. Box address, the recipi Location Service Even if UPS responds directly to custom ent’s telephone number must be included. Subject to an additional charge and ers of the Third-Party Retailer regarding A Package addressed to a P.O. Box may where available, Shippers with a valid tracking requests, UPS will not be liable to experience delays, is not covered by any UPS account may ship Packages directly those customers. The Third-Party Retailer UPS Service Guarantee, and is subject to to a UPS Access Point location to be picked is solely responsible for the issuance of any an Address Correction charge. Army Post up by the Consignee. refunds and claims to those who shipped Office (APO) and Fleet Post Office (FPO) Packages by the Third-Party Retailer. For Shipper will require the Consignee to addresses are not accepted. any Package shipped by the Third-Party select its preferred means of notification 15. UPS Customer Center and UPS Retailer with a declared value in excess from UPS (where available, e-mail, text of $1,000, the Third-Party Retailer must message, or telephone call) and to provide Worldwide Express Freight® Center provide a copy of the high-value control log a valid e-mail and/or phone number for Before accepting a Shipment tendered for to UPS at the time of tender of the Package. notification. Shipper will transfer transportation or releasing any Shipment The Third-Party Retailer shall not ship Consignee’s preferred means of notifica at a UPS Customer Center or a UPS any articles which UPS does not accept for tion email and/or telephone number Worldwide Express Freight® Center to a transportation. The Third-Party Retailer (where available) to UPS as part of the Consignee or other recipient, UPS reserves shall indemnify and hold harmless UPS package level detail required for correct the right to require sufficient verifica in any action against UPS arising from the delivery of each package. UPS may, as a tion, as determined by UPS in its sole and loss, damage, or delay of a Package shipped service provider on behalf of Shipper and unlimited discretion, of the Shipper’s or by the Third-Party Retailer. where available, provide by email, text, recipient’s name, address, authorization or phone call notifications relating to the to ship or receive the Shipment, or any 17. UPS Access Point® Locations Shipment to the Consignee via the Con- other information UPS deems necessary to Packages that may be received for Delivery signee’s preferred means of notification. accept or release the Shipment in its sole or tendered for shipment (meaning, Pack- Where Shipper provides an e-mail address and unlimited discretion. Persons tender ages that have been processed for shipment or phone number, Shipper does so pursu- ing or picking up Shipments on behalf prior to tender using a UPS Shipping System ant to Section 12.1 (“Use of PLD Obtained of a business may be required to provide only) at a UPS Access Point® location are Email Addresses and Telephone Numbers”). identification issued by the business and subject to restrictions, including, without a government-issued identification. A limitation, in regard to weight and size UPS will deliver Ship to a UPS Access Point Residential Consignee will be required to and actual and declared value, as set forth location packages to the designated loca provide a government-issued identifica in the applicable Service Guide and on the tion. Delivery attempts to the designated tion. UPS reserves the right to require ups.com UPS Tariff/Terms and Conditions of Service – United States 15
UPS® Tariff/Terms and Conditions of Service – United States
UPS Access Point location constitute a 18. Pickup Services – Scheduled less accessible area as designated by UPS, delivery attempt for the purposes of the UPS offers the following Scheduled Pickup an additional surcharge for extended area UPS Service Guarantee. Delivery is deemed Services: or remote Residential pickup also will apply. complete when the package is delivered to – Daily Pickup: When Daily Pickup service UPS On-Call Pickup® service must be the designated UPS Access Point location. is selected, UPS will call on Shipper’s requested for each UPS Worldwide Express Additional service options for Ship to a location once each business day to pick Freight® Service Shipment pickup or drop- UPS Access Point location service must be up Packages. UPS may not call upon a off (for door-to-door and non-door-to-door selected when the Package is processed for location on any day in which the account services), and may not be combined with shipment, where available and subject to indicates that there are no Packages avail a Package pickup. No additional charge for additional charges. able for pickup. UPS On-Call Pickup® service applies to any UPS Worldwide Express Freight® Service. Additional terms, restrictions and require – Daily On-Route Pickup: When Daily On-Route Pickup service is selected, UPS ments are set forth in the Service Guide 20. Saturday Air Processing Fee; for the applicable destination country will call on Shipper’s location each busi and at https://www.ups.com/media/en/ ness day to pick up Packages while Saturday Export Processing Fee; ShiptoaUPSAccessPointlocation_US_EN.pdf, making deliveries in Shipper’s area. Saturday Stop Charge which are each incorporated herein by – Day-Specific Pickup: When Day-Specific UPS offers Saturday pickup of UPS Air this reference. Pickup is selected, UPS will call on Services Packages and UPS Hundredweight Service® Air Services Shipments for Delivery 17.2 Ship to a UPS Access Point Location Shipper’s location each business day as preselected by Shipper. Shipper may in the United States and Puerto Rico where Service – Deliver to Addressee Only such services are available and subject to a If the Deliver to Addressee Only option is select up to four business days per week for Day-Specific Pickup. processing fee. UPS offers Saturday pickup selected, the Package may only be picked of UPS Worldwide Express Plus, UPS UPS Smart Pickup service: up by the person identified on the ship – ® When UPS Worldwide Express, and UPS Worldwide ping label. Pickup by any Third Party is not Smart Pickup® service is selected, UPS Saver Shipments for Delivery to select des permitted. The Deliver to Addressee Only will call on Shipper’s location any busi tination countries where such services are option is subject to an additional charge. ness day when the Shipper transmits PLD available and subject to a processing fee. using the current version of WorldShip® 17.3 Ship to a UPS Access Point Location Saturday pickup is available for domestic software, UPS CampusShip® software, Service – Package Release Code UPS 3 Day Select® Service, UPS Ground, or ups.com shipping, by the deadline If the Package Release Code option is UPS Ground with Freight Pricing, UPS designated by UPS, or if Shipper has sched selected, the Shipper must enter a four- to Hundredweight Service® UPS 3 Day Select, uled a pickup by telephone or through six-digit numeric code when processing and UPS Hundredweight Service Ground the ups.com website, prior to the dead the Package for shipment and provide the Shipments in select areas (these areas line designated by UPS. code to the person picking up the package. are referred to here as “Saturday Ground The Shipper is solely responsible for gen For Daily Pickup, Daily On-Route Pickup, Service Territories”). Within Saturday erating, maintaining, and transmitting the and Day-Specific Pickup, a weekly service Ground Service Territories, a Saturday Package Release Code. The Shipper must charge based on the account’s weekly Stop Charge that varies depending on the also provide all other information required billing total, as reflected in the UPS billing type of pickup service selected will apply to comply with UPS policies and proce system, will be assessed. The weekly any time the Shipper requests that UPS dures and applicable laws and regulations, billing total may not necessarily reflect all pick up any Packages on a Saturday, in including but not limited to customs Packages tendered during a calendar week. addition to any Saturday Air Processing requirements, as part of the PLD. There For UPS Smart Pickup® service, a weekly fee(s), regardless of whether there are is no additional charge for the Package service charge will be assessed. packages to be picked up that day. Refer Release Code option. to the Service Guide for an explanation of Scheduled Pickup Services are not avail applicable charges associated with pickup able for any UPS Worldwide Express The Package Release Code must be pre service on Saturdays. sented to pick up the Package. Any person Freight® Service. who presents the Package Release Code The Shipper should contact UPS for ® may pick up the Package. UPS cannot 19. UPS On-Call Pickup Service information regarding UPS’s Saturday provide the Package Release Code to When UPS On-Call Pickup® service is pickup area. Refer to UPS’s website for the Shipper, the Consignee, or any other requested by the Shipper, UPS will arrange Delivery commitment information person at any time. UPS shall not be (where reasonably practicable) a pickup applicable to Packages picked up on liable for any loss, damage, or costs of any at the Shipper’s location. An additional Saturday. Saturday pickup service is kind arising out of or relating to loss of charge for UPS On-Call Pickup® service provided by the following methods: or unauthorized access, acquisition, use, will be assessed. – A Shipper may request Saturday pickup modification, disclosure, or destruction of UPS On-Call Pickup® service from a via UPS On-Call Pickup® service by con the Package Release Code. Residential address will be assessed an tacting UPS on or in advance of each additional surcharge for residential pickup. Saturday, excluding holidays, on which If the Residential address is in a remote or the service is needed. 16 ups.com 1-800-PICK-UPSups.com
UPS® Tariff/Terms and Conditions of Service – United States
– At the Shipper’s option, UPS will call at receiving stations with a return address 25. Delivery Area Surcharge the Shipper’s premises every Saturday, requiring a movement greater than a Zone A Delivery Area Surcharge or Extended excluding holidays, to pick up qualifying 2 movement from the point of tender, any Delivery Area Surcharge will apply to each Shipments. undelivered Packages will be returned Package delivered to certain ZIP Codes automatically and will be charged at the – Shippers with UPS Smart Pickup service within the 48 contiguous states. A Remote rate applicable between the point of tender may schedule a Saturday pickup by Area Surcharge will apply to each Package and the return address. The effective UPS processing a qualifying Package for delivered to, and any UPS On-Call Pickup Rates for the applicable shipment will apply. pickup each Saturday, excluding holi service from, certain ZIP Codes within days, on which the service is needed. UPS does not accept, and Shippers are Alaska and Hawaii. Refer to the Area Refer to Section 18 (“Pickup Services— prohibited from shipping, any Package via Surcharge listing at ups.com/rates for the Scheduled”) for additional information a Drop Shipment that contains Hazardous listings of effective applicable ZIP Codes regarding scheduling a pickup via UPS Materials, except for Limited Quantity/ for the Delivery Area Surcharge, Extended Smart Pickup service. ORM-D Packages that are tendered for Delivery Area Surcharge and Remote UPS Ground service in the 48 contiguous Area Surcharge. The Saturday Air Processing fee (formerly United States. referred to as a “Saturday Pickup” charge) A Delivery Area Surcharge, Extended will be assessed for each UPS Air Services 22. Delivery Delivery Area Surcharge or Remote Area Surcharge, respectively, will apply if either Package or each UPS Hundredweight UPS does not limit Delivery of a Shipment the delivery (or pickup, where applicable) Service® Air Services Shipment processed to the person specified as the Receiver address entered in the UPS Shipping using a UPS Shipping System, tendered to in the UPS Shipping System. Unless the System or the actual delivery (or pickup, UPS, or tendered to a Third-Party Retailer Shipper uses Delivery Confirmation where applicable) address falls within ZIP on a Saturday, in addition to any applicable service requiring a signature, UPS reserves Codes designated by UPS as subject to such UPS On-Call Pickup® charge and Saturday the right, in its sole and unlimited discre charges. Such charges apply in addition to Stop Charge. tion, to make a Delivery without obtaining all other applicable Charges, including but a signature. The Saturday Export Processing Fee will not limited to the Residential Surcharge. be assessed for each UPS Worldwide 23. Direct Delivery Only Surcharge Express Plus, UPS Worldwide Express, or 26. Delivery Attempts; Where available and subject to a Direct UPS Worldwide Saver Shipment processed UPS Access Point® Locations using a UPS Shipping System, tendered to Delivery Only surcharge, UPS may in its If UPS is unable to deliver a Shipment, a UPS, or tendered to a Third-Party Retailer sole and unlimited discretion accept a notice will be left at the Consignee’s address on a Saturday, in addition to any applicable Shipper’s request to limit (1) reroutes of stating that Delivery has been attempted. UPS On-Call Pickup® charge and Saturday Packages to an alternate address by the Thereafter, a second and, if necessary, Stop Charge. Consignee (including but not limited to Delivery Change Requests and UPS My a third attempt to deliver the Shipment Where a Saturday pickup is requested Choice® requests, other than requests to may be made without additional charge. but there are no Packages to be picked hold for will call at a UPS Customer Center) Shipments not delivered after three up, a minimum processing fee will be and (2) delivery to a UPS Access Point® attempts will be considered undeliver assessed outside Saturday Ground Service location following a first delivery attempt able and may be returned to the Shipper. Territories. at a Residential address. See further details in Section 38 (“Special Handling of Undeliverable Shipments; 21. Drop Shipment Packages containing firearms must use Refused Shipments Returned”). A unique Drop Shipper account number Direct Delivery Only service. For Residential deliveries and where avail will be assigned to approved Shippers and Direct Delivery Only does not limit UPS able, UPS may in its sole and unlimited must be used solely for the origin and des Delivery Intercept® requests or Delivery discretion, after the first delivery attempt, tination locations as specified in the UPS pursuant to UPS’s driver release or Shipper deliver a Shipment to a UPS Access Point® Drop Ship Letter of Understanding or as Release procedures, and does not require location, where such Shipment will be required by UPS. signature on Delivery or Delivery to the held for pickup. Requests for subsequent UPS reserves the right to refuse any Drop person specified as the Receiver in the Delivery attempts are subject to additional Shipment request, in its sole and unlimited UPS Shipping System. The Shipper must Charges which will be assessed to the discretion, including, but not limited to, provide timely upload of PLD to request Consignee. For UPS Worldwide Express any Drop Shipment that is operationally or Direct Delivery Only. Freight® Service Shipments, only one economically impracticable to transport. Delivery attempt will be made and sub A request for Drop Shipment service is not 24. Residential Surcharge sequent Delivery attempts are subject to reasonable unless the Shipper makes a A Residential Surcharge will apply if either additional charges which will be assessed prior arrangement with UPS, agreed to the delivery address entered in the UPS to the Consignee. Refer to Section 31 in advance by UPS, as to timing, location, Shipping System or the actual delivery (“Delivery Change Requests”) for further and volume of the Drop Shipment. address is considered Residential (regard information. less of a Shipper’s designation of the When a Shipper, through prior arrange address as Commercial). ments with UPS, tenders Packages at UPS’s ups.com UPS Tariff/Terms and Conditions of Service – United States 17
UPS® Tariff/Terms and Conditions of Service – United States
27. Hold for Pickup and 29. UPS carbon neutral to return to the Shipper, all applicable Hold at Location Services A Shipper may request that UPS offset Charges will apply and be assessed to the Shipper, as set forth in Section 38 (“Special At the time a Shipper tenders a Shipment the climate impact of a Shipment via UPS Handling of Undeliverable Shipments; to UPS, the Shipper may request that UPS carbon neutral service by selecting UPS Refused Shipments Returned”). hold a domestic Package at a designated carbon neutral at the time a Shipment is UPS Customer Center for pickup by the tendered to UPS. By selecting UPS carbon The Shipper must provide timely upload Consignee. For each such Shipment, the neutral, UPS will purchase and retire in the of PLD to initiate a UPS Delivery Intercept® Shipper will complete an address label appropriate registry a sufficient number of request. showing the words “Hold for Pickup,” the voluntary or regulatory carbon credits as Consignee’s name, telephone number, determined by UPS in its sole and unlim 31. Delivery Change Requests the name of a contact person, and the full ited discretion to offset calculated carbon After the Receiver has received notice from address of the designated UPS Customer dioxide emissions. UPS carbon neutral is UPS that Delivery has or will be attempted, Center. In addition, the Shipper will apply available only for Shipments shipped using the Receiver may request that UPS hold a UPS Hold for Pickup label below the a UPS Automated Shipping System. An a Package for pickup at a UPS Customer address label on the Shipment. Hold for additional charge will be assessed for each Center. In addition, a Commercial Receiver Pickup is not available for international Package or pallet. may request that UPS return a Package to Package shipments. the Shipper before Delivery is attempted. ® 30. UPS Delivery Intercept Service After the Receiver has received notice from For UPS Worldwide Express Freight® After a domestic Package has been ten UPS that Delivery has been attempted, Service Shipments, the Shipper may dered to UPS but before Delivery, a Shipper the Receiver may request that UPS return request that UPS hold a UPS Worldwide may request that UPS return a Package to a Package to the Shipper, hold for future Express Freight® Service Shipment at a UPS the Shipper, reroute a Package (including a Delivery, reroute a Package, direct eligible Worldwide Express Freight® Center loca request by Shipper to correct an address, Packages to a UPS Access Point® location, tion for pickup by the Consignee (Hold or where a Package has been returned to redeliver to the original address a Package at Location). For each such Shipment, the the Shipper after a Delivery attempt), hold that was taken to a UPS Access Point loca Shipper will complete an address label the Package for pickup at a UPS Customer tion, or other such Delivery Changes as UPS showing the words “Hold for Pickup,” the Center, or hold a Package for future in its sole and unlimited discretion may Consignee’s name, telephone number, Delivery. UPS may in its sole and unlim offer (collectively, “Delivery Change”). A the name of a contact person, and the full ited discretion also accept a UPS Delivery UPS InfoNotice® tag is required for requests address of the Consignee (designated UPS Intercept® request from a Third Party to reroute. Worldwide Express Freight® Center address when the Shipper has requested that the not required). Third Party’s UPS account number be An additional charge set forth in the UPS Rates applicable to the Shipment in effect UPS will hold the Shipment at the des billed for such Package. UPS will honor a at the time of the request will be assessed ignated UPS Customer Center or UPS UPS Delivery Intercept® request in its sole to the Consignee for each Package rerouted, Worldwide Express Freight® Center and and unlimited discretion where practica redelivered, directed to a UPS Access Point will attempt to contact the Consignee at ble and where the Shipper has guaranteed location, or held for future Delivery by a the telephone number shown on the label. payment of applicable Charges resulting Delivery Change Request. If any Delivery Shipments not picked up within seven (7) from the change. UPS shall not be liable Change Request requires a Package move calendar days from the date of arrival will for any damages whatsoever for failure ment from the original Receiver address be considered undeliverable. or refusal to comply with a UPS Delivery Intercept® request. beyond a UPS Zone 2, additional Charges 28. Shipper Release also will apply and be assessed to the An additional charge, set forth in the UPS Consignee. Such additional Charges will be A Shipper may request that UPS release a Rates applicable to the Shipment in effect calculated as a newly-initiated Shipment Shipment on the first Delivery attempt. at the time of the request will be assessed between the original Receiver address and When Shipper Release is selected, UPS will for each Package returned to the Shipper, the new rerouted address, and will include make only one Delivery attempt, a signa rerouted, or held for future Delivery. If (but not be limited to) all applicable sur ture will not be obtained upon Delivery, a request to reroute a Package requires charges. All original Charges will continue and a UPS Delivery record showing a a Package movement from the original to apply as if the Package were delivered completed Shipper Release delivery shall Receiver address beyond a UPS Zone 2, to the original Receiver address. For a be conclusive proof that Delivery was com additional Charges also will apply. Such request to return to Shipper, all applicable pleted. Shipper Release is provided solely additional Charges will be calculated as Charges will apply and be assessed to the at the Shipper’s risk of loss or damage a newly-initiated Shipment between the Shipper, as set forth in Section 38 (“Special arising from the release of the Shipment original Receiver address and the new Handling of Undeliverable Shipments; by UPS and UPS will not be liable for any rerouted address, and will include (but not Refused Shipments Returned”). damages arising from the release of the be limited to) all applicable surcharges. Shipment. All original Charges will continue to apply For UPS Worldwide Express Freight® as if the Package were delivered to the Service pallets, after the Receiver has original Receiver address. For a request received notice from UPS that Delivery 18 ups.com 1-800-PICK-UPSups.com
UPS® Tariff/Terms and Conditions of Service – United States
will occur, the Receiver may request that is secured, UPS, at its sole and unlimited UPS Standard from Canada, and UPS UPS hold a pallet at a UPS Worldwide discretion, will attempt Delivery, and the Standard from Mexico Shipments, but Express Freight® Center. After the Receiver Shipper, upon request, will be provided not by request. Refer to UPS’s website or has received notice from UPS that Delivery with the correct or complete address in call 1-800-PICK-UPS® (1-800-742-5877) for has been attempted, the Receiver may order to update its internal records. UPS Saturday Delivery commitment informa request that UPS return a pallet to the may in its sole and unlimited discretion tion for these services. Where Saturday Shipper, hold for future Delivery, or make correct or complete an address based on Delivery is available for these services, a Delivery Reattempt. Delivery Reattempt information obtained from the Shipper or there is no additional charge, except as set charges will apply to subsequent attempts Consignee. An address correction charge forth herein. Commercial Consignees in to deliver UPS Worldwide Express Freight® Saturday Ground Service Territories must will be assessed to the Shipper for an Service Shipments beyond the first Delivery pay for a Saturday Stop Charge – Scheduled address correction or completion. attempt. For requests to return to the Ship- Pickup and opt in to be eligible to receive per, all applicable Charges will apply and 33. Saturday Delivery such deliveries on Saturday. be assessed to the Shipper. UPS offers Saturday Delivery by request 34. Delivery Confirmation Services UPS will honor a Delivery Change Request for certain Delivery areas for certain UPS UPS provides the following Delivery in its sole and unlimited discretion where Air Services and international services, as Confirmation Services. An additional practicable and where the Receiver has set forth in the Service Guide. To request charge applies for each service. Delivery guaranteed payment of any applicable Saturday Delivery for these services, a Confirmation information, including Charges resulting from the change. By Shipper must indicate the selection in the signatures where applicable, is available requesting a Delivery Change, the Receiver UPS Shipping System and attach a Saturday online or by mail. Where applicable, only acknowledges and agrees that the limita Delivery routing label to each Package or valid UPS accounts will receive responses tions of liability set forth in the Terms in pallet. Refer to UPS’s website for available via mail: effect at the time of Shipment apply to the Saturday Delivery areas for these services. Shipment subject to the Delivery Change Where Saturday Delivery is requested, an 34.1 Delivery Confirmation Request and that the value originally additional charge will be assessed for each (domestic only) declared by the Shipper, if any, shall con such Shipment for Saturday Delivery and A Shipper may request Delivery Confir tinue to apply throughout the course of will be billed to the payer of the Charges. mation Service by indicating Delivery transportation pursuant to the Delivery Confirmation in a UPS Automated Ship- Saturday Delivery is also available without Change Request. UPS assumes no liability ping System. Delivery Confirmation infor an additional charge for certain Delivery other than to the Shipper of the Shipment mation will include the date of Delivery areas for certain UPS Air Services and inter and either the name of the recipient or the for loss, damage, or delay of any Shipment national services, but not by request. Refer disposition of the Package; or, in the event subject to Delivery Change. to UPS’s website for Saturday Delivery of a return, the reason for the return and commitment information for these services. UPS may restrict Delivery Change Requests the date processed. at the request of the Shipper. Delivery Where Saturday Delivery is available for Change Requests for Packages contain such Shipments, a Saturday routing label is 34.2 Delivery Confirmation Signature ing firearms are not available. Delivery not required. Required (domestic and international) A Shipper may request UPS to obtain Change Requests to reroute or direct to a UPS offers Saturday Delivery by request the recipient’s signature on Delivery. UPS Access Point location are not available to Commercial delivery addresses within The Shipper must use a UPS Automated for international Packages. It is the respon Saturday Ground Service Territories Shipping System to initiate a request for sibility of the Receiver to ensure that a for UPS 3 Day Select, UPS Ground, this service. UPS may obtain, at its sole and Delivery Change Request complies with UPS Ground with Freight Pricing, UPS unlimited discretion, a signature, other Hundredweight Service UPS 3 Day Select, all federal, state and local laws and regula electronic acknowledgment of receipt or and UPS Hundredweight Service Ground tions applicable to the Shipment. authorization to release without a signa Shipments. To request Saturday Delivery ture upon delivery pursuant to the UPS My for these services, a Shipper must indi 32. Correction of Addresses Choice® service from the recipient when cate the selection in the UPS Shipping If any Shipment as addressed by the this option is selected. Shipper has an incorrect or incomplete System. Refer to UPS’s website for available address (examples include, but are not Saturday Delivery areas for these services. 34.3 Delivery Confirmation Adult limited to, P.O. Boxes, missing suite, apart Where Saturday Delivery is requested, an Signature Required (domestic and additional charge will be assessed for each international) ment, or unit numbers, old addresses, and such Shipment for Saturday Delivery and A Shipper may request UPS to obtain missing/incorrect ZIP Codes), UPS will will be billed to the payer of the Charges. the signature of an adult 21 years of age make reasonable efforts, to be determined or older on Delivery. UPS, in its sole and in its sole and unlimited discretion, to Saturday Delivery is also available within unlimited discretion, will determine if Saturday Ground Service Territories secure the correct or complete address. Delivery can be completed when such a for UPS 3 Day Select, UPS Ground, An address validated by UPS may be request is made, and may request photo UPS Ground with Freight Pricing, UPS incorrect or incomplete for purposes of identification indicating the recipient’s age, Hundredweight Service UPS 3 Day Select, completing Delivery, and may be corrected before completing Delivery. The Shipper by UPS. If the correct or complete address UPS Hundredweight Service Ground, ups.com UPS Tariff/Terms and Conditions of Service – United States 19
UPS® Tariff/Terms and Conditions of Service – United States
must use a UPS Automated Shipping 38. Special Handling of Undeliverable 39.1 Preparation and Listing System to initiate a request for this service. Shipments; Refused Shipments of C.O.D. Packages UPS reserves the right to assess the Shipper Returned Shippers not using a UPS Automated the additional charge for this service Shipping System must prepare and attach Shipments refused by the Consignee, or when the Shipper requests UPS to obtain to each C.O.D. Package a UPS® C.O.D. tag which are undeliverable for any reason, an adult signature on Delivery and an showing the amount to be collected and will be returned to the Shipper at Shipper’s approved UPS label is not affixed to the enter such amount in the space provided expense, including, but not limited to, Package or pallet indicating such request, for that purpose. or, the Shipper tenders a Package or pallet forwarding costs, return transportation that, based upon its contents, requires an charges and all other applicable Charges, Shippers using a UPS Automated Shipping approved UPS label requesting an adult duties, and taxes. Such Charges will be System will generate, and apply to each signature upon Delivery and no such label calculated as a newly-initiated Shipment C.O.D. Package, a system-generated address has been affixed to the Package or pallet. between the original delivery address and label with a C.O.D. bar code and the the return address, and will include (but amount to be collected for each individual 35. UPS Next Day Air® Early not be limited to) all applicable surcharges. Package. Each C.O.D. Package in a UPS Verbal Confirmation of Delivery All original Charges will continue to apply Hundredweight Service® or UPS Ground The Shipper may request optional Verbal as if the package were delivered to the with Freight Pricing C.O.D. Shipment must Confirmation of Delivery when ship original delivery address. Undeliverable carry a C.O.D. tag or system-generated label ping via UPS Next Day Air® Early. Verbal international Shipments returned to the for the goods contained in that Package. Shipper also are subject to an undeliv Confirmation of Delivery is not available 39.2 Responsibility for C.O.D.s erable Shipment surcharge set forth in in Hawaii and is not available for inter Upon Delivery of each C.O.D. Package, the effective UPS Rates. The UPS Service national Shipments. When this service UPS will attempt to collect the amount Guarantee does not apply to undeliverable is selected, UPS will call the Shipper to shown on the C.O.D. tag or the system- Shipments returned to the Shipper. confirm Delivery on the day of Delivery. generated label attached to the Package The additional charge for each Verbal UPS reserves the right to dispose of a and transmit to the Shipper the amount so Confirmation of Delivery request will be Shipment, including salvage (for salvaged collected (subject to the terms in Section billed to the payer of the Charges. Shipments, after retention of the Shipment 39.9, “Remittance of C.O.D.s,” below), or, for a reasonable period of time as deter if collection cannot be made, will return 36. Proof of Delivery (P.O.D.) mined by UPS, not to exceed 30 days) if the the Package to the Shipper. The Shipper Upon request, UPS will provide proof of Shipment is refused by the Consignee or for must notify UPS within 45 days from the Delivery of a Shipment via fax transmis any other reason cannot be delivered, date of shipment of a C.O.D. Shipment if sion, email, or mail. The request must and return of the Shipment is refused the Shipper has not received payment of include a fax number, including area code, by the Shipper or the Shipment cannot the C.O.D. amount, or any claim relating for an operating fax machine, an email otherwise be returned to the Shipper thereto shall be deemed waived. Suits shall address for email delivery, or an address for any reason. UPS’s right to dispose of be instituted within two years after denial deliverable by the United States Postal a package includes, but is not limited to, of any portion of the claim. Service for mail. situations where UPS determines in its If collection cannot be made within three sole and unlimited discretion that it is 37. Tracking/Tracing and Refund Delivery attempts, or the Consignee refuses unsafe or economically or operationally Request Charge Delivery, UPS will return the Package to impracticable to provide delivery or return UPS reserves the right to assess a Shipper the Shipper. service. The Shipper or Consignee’s sole an additional charge per request for each recourse in such circumstances shall be in 39.3 Consignee’s Checks in Payment Tracking/Tracing and Refund Request accordance with and subject to Sections of C.O.D.s initiated by or at the request of the Ship- 55 (“Claims and Legal Actions: Individual Unless instructions to collect a cashier’s per. This charge will not be assessed for Binding Arbitration of Claims”) and 56 check or money order only are shown the first 50 tracking requests per calendar (“Responsibility for Loss or Damage”). on the C.O.D. tag (in conformity with the week, or for a quantity of tracking requests instructions on the tag) or system-generated equal to or less than 20 percent of the 39. C.O.D. Service label, UPS will accept a check or other Shipper’s volume for that week, whichever UPS accepts C.O.D. Packages for Delivery negotiable instrument issued by or on is greater. This charge will not be assessed in the United States and Puerto Rico. C.O.D. behalf of the Consignee. When instructions for a quantity of tracing requests equal to service is not provided for international to collect a cashier’s check or money order or less than two percent of the Shipper’s Shipments except for international Ship- only are clearly indicated on the C.O.D. tag volume for that week. UPS also reserves ments originating in Canada for Delivery or system-generated label, UPS reserves the right to assess the Shipper a charge set the right to accept a cashier’s check, money forth in the effective UPS Rates for Service in the United States. C.O.D. service is not order, official bank check, or other similar Guarantee refund requests when the available for UPS Worldwide Express subject Shipment was delivered in accor Freight Services from any origin. instrument issued by or on behalf of the dance with the applicable UPS Service Consignee. Guarantee in the effective Terms. 20 ups.com 1-800-PICK-UPSups.com
UPS® Tariff/Terms and Conditions of Service – United States
All checks or other negotiable instruments provided that the original check or money or any other person or entity, that may (including cashier’s checks, official bank order has not previously been deposited directly or indirectly arise as a result of checks, money orders, and other similar or negotiated. If the indemnified check or UPS’s exercise of any of its rights under this instruments) tendered in payment of money order turns out to be invalid for any Section “Remittance of C.O.D.s.” Without C.O.D.s will be accepted by UPS based reason including, but not limited to, insuf diminishing any of UPS’s rights under the solely upon the Shipper assuming all risk ficient funds or forgery, UPS shall not be preceding sentence, the Shipper agrees relating thereto, including, but not limited liable upon the instrument. that UPS and such other persons or entities to, risk of non-payment, insufficient funds, shall not be liable to the Shipper or any 39.7 Restrictions and forgery, and UPS shall not be liable other person or entity for any special, inci- C.O.D.s are accepted for amounts up to upon any such instrument. dental, or consequential damages in any $50,000 per Package. claim made with respect to UPS’s exercise All checks or other negotiable instruments C.O.D. Packages with an amount to be col of any such rights. (including cashier’s checks, official bank lected in excess of $500 are not accepted for checks, money orders, and other similar The Shipper agrees that, following UPS’s transportation via a UPS Drop Box. instruments) will be transmitted to the application of any C.O.D. collections to any Shipper together with UPS’s own check Entry of a C.O.D. amount is not a declara past due Charges owed by the Shipper in if Consignee check(s) collected are for tion of value for carriage. Payment of the accordance with this Section, the Shipper less than the C.O.D. amount. Remittances C.O.D. charge does not constitute payment will continue to be fully liable for the (checks, money orders, etc.) received that of the declared value charge. payment of all remaining Charges owed by are less than the C.O.D. dollar amount indi the Shipper (including, without limitation, UPS will not accept currency in any cated by the Shipper will be reimbursed for (i) any Charges that are not covered by the amount for payment of C.O.D. Shipments. the full amount unless the variance of the application of the C.O.D. collections, and amount remitted is less than $1.00. 39.8 Charges for C.O.D. Collections (ii) any Charges relating to a previously An additional charge will be assessed for applied C.O.D. collection that is reversed by 39.4 C.O.D. Package of $10,000 or More each C.O.D. Package tendered to UPS. reason of the uncollectibility of the C.O.D. UPS may require payment for any C.O.D. check or other negotiable instrument or Package of $10,000 or more to be received 39.9 Remittance of C.O.D.s otherwise). in a single check or other negotiable instru Subject to the following provisions of this ment such as a cashier’s check, money Section, UPS shall remit C.O.D. collections Nothing in this Section shall constitute an order, official bank check, or other similar to the Shipper after the date of collection. election of remedies by UPS or any other instrument. The Shipper irrevocably authorizes UPS to person or entity or a waiver of any of the rights of UPS or any other person or entity 39.5 Acceptance of Personal Check apply, in its sole and unlimited discretion under the remaining provisions of the In the event that UPS accepts a personal or and without prior notice to the Shipper, Terms or at law or in equity. company check when a Shipper has prop any C.O.D. collections to any past due Charges owed by the Shipper. To this end, erly instructed UPS to collect a cashier’s 40. UPS Returns® Services check or money order only, UPS reserves if there are any past due Charges owed by Where available, UPS offers UPS Returns® the right, in its sole and unlimited discre the Shipper, the Shipper hereby (a) irrevo Services (including UPS Authorized Return tion, to deposit into a UPS account the cably assigns and transfers to UPS all of the Service®, Print Return Label, Electronic personal or company check collected and Shipper’s right, title and interest in and to Return Label, Print and Mail Return to provide the Shipper with a check issued each check or other negotiable instrument Label, 1 UPS Pickup Attempt, 3 UPS Pickup by UPS. for payment of a C.O.D. that is received by UPS or its employee or agent, and (b) con Attempts, UPS Returns® on the Web, and 39.6 C.O.D. Remittance Verification stitutes and appoints UPS as the Shipper’s UPS Returns® Exchange). 3 UPS Pickup In the event that a Shipper timely noti attorney-in-fact and authorizes UPS, in Attempts is not available for UPS Worldwide fies UPS that the Shipper has not received the Shipper’s name, place, and stead, to Express Freight® Service Shipments. UPS payment of the C.O.D. amount, if UPS’s endorse any such check or other negotiable Authorized Return Service® requests and records show that it collected a C.O.D. instrument with the Shipper’s name, to UPS Returns® Exchange requests are con payment and the remittance has not been deposit the same into any UPS account, and tractual Package services only. cashed, UPS may, in its sole and unlimited to apply the proceeds of the same against An additional accessorial charge applies discretion, provide the Shipper with a any past due Charges owed by the Shipper. to each UPS Returns® Services Package digital image of the check or money order The Shipper acknowledges and agrees that or pallet and will be assessed when the along with a C.O.D. Remittance Verifi- such appointment of UPS as the Shipper’s service is requested, unless the applicable cation in order to assist the Shipper in attorney-in-fact is coupled with an interest Service Guide specifically provides other- locating the missing C.O.D. payment. If the and is irrevocable. UPS may exercise any of wise. The applicable charges will be those Shipper is still unable to locate the C.O.D. its rights under this Section either directly set forth in the UPS Rates in effect at the payment, UPS may, in its sole and unlim or through any employee or agent. time the charge is applied. After enter ited discretion, provide the Shipper with ing the UPS system, a Package or pallet an indemnified C.O.D. check or money The Shipper relinquishes, waives, and returned will be charged the rate cal order, which is a digital image of the origi agrees not to assert any claim against culated from the pickup location to the nal payment collected by UPS at the time UPS or any of its employees or agents, any destination via the service selected. The of Delivery and can be deposited in a bank, Consignee, any collecting or paying bank, ups.com UPS Tariff/Terms and Conditions of Service – United States 21
UPS® Tariff/Terms and Conditions of Service – United States
Shipper is solely responsible for control UPS reserves the right in its sole and in or destined to Alaska and Hawaii ling the generation and dissemination of unlimited discretion to use any mode of but only for UPS 2nd Day Air and UPS labels for UPS Authorized Return Service® transportation whatsoever to provide the Ground Shipments. UPS Simple Rate is Packages and pallets, and will remain service selected by the Shipper. Regardless not available for use with UPS Returns liable for all Charges on any Shipment of the mode of transportation used, the Services, UPS Hundredweight Service, tendered on Shipper’s account at any time, effective UPS Rates for the service selected Hazardous Materials Shipments, and Third including after termination of the contrac by the Shipper shall apply. If, however, a Party or collected billed Shipments. tual service. Shipper selects a UPS service to a destina UPS Simple Rate Shipments must be tion for which only a higher level of service processed through ups.com shipping or an Shipments containing certain items are is available, UPS will substitute the next approved UPS Ready® solution that meets prohibited from being shipped and are not higher level of available service and will UPS requirements at the time of Shipment. accepted by UPS for UPS Returns® Services charge the corresponding rate for the sub including, but not limited to, Hazardous The following surcharges do not apply to stituted service. Materials Shipments requiring shipping UPS® Simple Rate Shipments: Residential papers, firearms, and Shipments requiring 41.1 Daily Rates and Retail Rates Surcharge, Delivery Area Surcharge, Delivery Confirmation Services. Daily Rates apply to UPS account holders Delivery Area Surcharge Extended, and who received Daily Rates prior to July 11, fuel surcharges. All other charges apply C.O.D. (Collect on Delivery) service is not 2016, to Shippers who establish a six-digit to UPS Simple Rate Shipments, including available for UPS Returns® Services Pack- UPS account on or after July 11, 2016, or but not limited to any accessorial charge ages. Third Party Billing is not available for as UPS may otherwise agree in writing. or surcharge. UPS Returns® Services in the United States. Third Party Billing is available for UPS Shippers who do not receive Daily Rates No waiver, discount, or reduction of any Returns® Services outside the United States. will be charged Retail Rates. Retail Rates type to UPS Simple Rate shall apply unless also apply to Shipments processed and UPS agrees in writing to such waiver, UPS Returns® Services Shipments are paid for at The UPS Store® locations or discount, or reduction with specific subject to maximum declared values. See UPS Customer Centers, except that charges written reference to UPS Simple Rate. Section 56.1, “Maximum Declared Values.” for Value-Added Services and Other 41.3 Letter Rates Charges may vary from those set forth in 41. UPS Rates Letter Rates for domestic Shipments are the Retail Rates. The applicable UPS Rates are determined available only for UPS Express® Envelopes on the basis of Shipment and Shipper char Shippers who drop off at any The UPS containing correspondence, urgent docu acteristics, including Shipment weight and Store® location, UPS Access Point location ments, or electronic media, with an actual size and origin to destination distance, and or a UPS Customer Center Packages that weight of eight ounces or less. UPS Express® are subject to change. Except as otherwise have already been processed prior to drop Envelopes containing items other than stated in the Terms, all charges, fees, or sur off will receive the rates applicable to the those listed or weighing more than eight charges shall be those set forth in the UPS transaction. UPS Worldwide Express ounces will be assessed the corresponding Rates in effect at the time of shipping. Freight® Service pallets that are processed rate for the applicable weight. For interna as door-to-door pallets prior to drop off at tional Shipments, UPS Express® Envelopes To determine the amount of any Charges a UPS Worldwide Express Freight® Center may be used only for single package docu for UPS service, consult the UPS Rates in will receive door-to-door rates. ments of no commercial value (which effect at the time of shipping. The effective may include electronic media in some UPS Rates are available at www.ups.com 41.2 UPS® Simple Rate countries), with an actual weight of eight and upon request at the local UPS office. UPS Simple Rate is available only for (8) ounces or less. UPS Express® Envelopes domestic Packages shipped within the Shippers are responsible for providing containing other items, or weighing more U.S. 50 states with an actual weight of accurate and complete Shipment infor than eight (8) ounces will be assessed 50 pounds or less and a size of 1,728 mation in the UPS Shipping System used, the corresponding rate for the applicable cubic inches or less. The applicable rate is including service selected, number, weight, weight (except as expressly set forth in determined based on Package size in cubic and dimensions of Shipments. If any aspect Section 41.3 (“Pak Rates”)). inches and the service selected, as set forth of the Shipment information is incomplete in the applicable Service Guide. Packages 41.4 Pak Rates or incorrect as determined by UPS in its that exceed 50 pounds in actual weight or Pak Rates are available only for UPS sole and unlimited discretion, UPS may 1,728 cubic inches in size may be assessed Worldwide Express Plus®, UPS Worldwide adjust Charges at any time. the applicable rate for the service selected Express®, and UPS Worldwide Saver® single If multiple Packages are tendered for trans in effect at the time of shipping, without package U.S. export shipments in UPS portation, at the same time or at different UPS Simple Rate pricing or application of Express® Envelopes containing correspon times, using the same shipping label and any discounts or reduction of any type, in dence, urgent documents, or electronic tracking number or a shipping label altered UPS’s sole and unlimited discretion. media, with an actual weight of more without UPS’s express authorization, each than eight ounces but less than or equal UPS Simple Rate pricing is available for of which is prohibited, UPS reserves the to two pounds; or when UPS Express® Pak UPS 2nd Day Air®, UPS 3 Day Select®, and right to refuse service or to apply Charges is selected at the time of shipping, the UPS® Ground Shipments. Separate rates to each such Package in its sole and unlim customs value of the Package is less than are available for Shipments originating ited discretion. or equal to $100.00, and the weight of the 22 ups.com 1-800-PICK-UPSups.com
UPS® Tariff/Terms and Conditions of Service – United States
Package is two pounds or less. UPS Express® addition to all other applicable Charges, Shipments) where the average weight per Pak shipments weighing more than two including but not limited to the Large Package is greater than 70 pounds and pounds will be assessed the corresponding Package Surcharge. UPS reserves the right the weight for each Package is not speci applicable UPS Rates for the Shipment. in its sole and unlimited discretion to fied in the UPS Shipping System used. return such Packages to the Shipper at 41.5 UPS 10 KG Box and 41.10 Oversize Pallet Handling Surcharge Shipper’s expense. UPS 25 KG Box Rates UPS Worldwide Express Freight® Service UPS 10 KG Box and UPS 25 KG Box Rates 41.9 Additional Handling Charge pallets are subject to maximum size and apply to UPS Worldwide Express Plus®, An Additional Handling charge will be weight restrictions (which vary by origin UPS Worldwide Express®, and UPS assessed for any Package that requires and destination) as set forth at https:// Worldwide Saver® single package U.S. special handling, as determined by UPS www.ups.com/media/en/wwef_max_dim. export Shipments, using UPS 10 KG Box in its sole and unlimited discretion, pdf. Pallets exceeding size or weight and 25 KG Box packaging. Shipments that including, but not limited to: restrictions are not accepted for trans exceed 10 KG and 25 KG, respectively, will – Any article that is not fully encased in a portation without prior approval by UPS. be assessed the applicable UPS Rates for corrugated cardboard shipping container, Pallets that exceed these restrictions are the actual weight and service selected. including tires; subject to an Oversize Pallet Handling Surcharge. 41.6 Private Express Statutes – Any Package with an outer shipping con The Shipper shall comply with the require tainer not made of corrugated cardboard, 42. Peak Surcharges ments of the Private Express Statutes when including but not limited to canvas, One or more Peak Surcharges will apply using UPS 2nd Day Air® A.M. and UPS 2nd leather, metal, wood, hard plastic, soft to certain Packages tendered to UPS Day Air® services. plastic (e.g., plastic bag), or expanded for shipment during a Peak Period. 41.7 Rates for Large Packages; polystyrene foam (e.g., Styrofoam); Details regarding the application of Peak Large Package Surcharge – Any article that is encased in a soft-sided Surcharges and Peak Periods are set For domestic Shipments, a Package is con pack (e.g., poly bag or bubble mailer) that forth at ups.com/peaksurcharges. Peak sidered a “Large Package” when its length exceeds 18 inches along its longest side Surcharges apply cumulatively if a Package (longest side of the package) plus girth [(2 or 14 inches along its second-longest side meets more than one of the specified x width) + (2 x height)] combined exceeds or 6 inches in height; criteria. Peak Surcharges apply in addition to any other applicable Charges. No waiver, 130 inches, or its length exceeds 96 inches. – Any Package with an outer shipping discount, or reduction of any type to the container covered in shrink wrap or For international Shipments, a Package Peak Surcharges shall apply unless UPS stretch wrap; is considered a “Large Package” when its agrees in writing to such waiver, discount, length (longest side of the package) plus – Any Package bound with metal, plastic or or reduction with specific written refer girth [(2 x width) + (2 x height)] combined cloth banding, or that has wheels, casters, ence to the Peak Surcharges. exceeds 130 inches. handles, or straps (including Packages where the outer surface area is loosely The rate for a Large Package will be based 43. Fuel Surcharges wrapped or where the contents protrude on the greater of the dimensional weight UPS reserves the right to institute fuel outside the container surface); or the actual weight, and is subject to a surcharges on some or all Shipments minimum billable rate set forth in the UPS – Any cylindrical-like item, including but without prior notice. The surcharges Rates applicable to the Shipment in effect not limited to barrels, buckets, drums, are subject to adjustment weekly. The at the time of the shipping. mailing tubes, or pails; surcharges may apply to any domestic or international transportation or other A Large Package Surcharge (LPS) will be – Any Package routed through UPS’s irreg ular package sortation process; charges including, but not limited to, applied to each Large Package, including any accessorial charge or surcharge. The – Any Package with its longest side exceed- any Package that exceeds the weight or current fuel surcharges are set forth at ing 48 inches or its second-longest side size restrictions set forth in Section 3.1 ups.com/bridge/fuelsurcharge.html. (“Items Not Accepted for Transportation”). exceeding 30 inches; Each Large Package in a multiple-package – Any domestic Package with an actual Regardless of the mode of transportation Shipment may receive an LPS. LPS will weight greater than 50 pounds; used, the effective fuel surcharge for the not apply to UPS Authorized Return service selected by the Shipper shall apply. – Any international Package with an actual Service® UPS® Ground Packages, or to The surcharges will be applied to such ser weight greater than 70 pounds; UPS Worldwide Express Freight® Service vices and for such periods as UPS, in its sole Shipments. – Each Package in a UPS Hundredweight and unlimited discretion, may determine Service® or UPS® Ground with Freight necessary. 41.8 Over Maximum Limits Charge Pricing Shipment where the average Packages that exceed the weight or size weight per Package is greater than 50 44. Manual Processing Charges restrictions set forth in Section 3.1 (“Items pounds and the weight for each Package UPS reserves the right to assess a manual Not Accepted for Transportation”) are is not specified in the UPS Shipping processing charge of $0.50 per Package subject to one or more of the following System used; and or $35 per week (whichever is greater) to additional charges: Over Maximum – Each Package in a UPS® Standard or Shippers who ship Packages using a UPS Weight, Over Maximum Length, or Over international Shipment (excluding UPS Shipping System that applies outdated Maximum Size. Such charges apply in Worldwide Express Freight® Service UPS Rates until such time as the Shipper ups.com UPS Tariff/Terms and Conditions of Service – United States 23
UPS® Tariff/Terms and Conditions of Service – United States
upgrades the UPS Shipping System to UPS reserves the right in its sole and 51. Missing/Invalid Account Number reflect current UPS Rates. unlimited discretion to request advance or Refusal Fee payment of Charges for any Package sent A manual processing service charge will A processing fee will be charged for a to or from any international destination be assessed to each Package shipped using missing or invalid account number when or origin. a UPS 3 Day Select® or UPS Ground ship the account number, including the Ship- ping document. For all Shipments where the Shipper is per’s account number, is missing, the not paying the Charges, the Shipper must account number is not the correct account 45. Third Party Billing Service notify the bill payer prior to shipping, number for the bill-to party, the account Any Shipment billed to a Third Party and agree to pay all Charges in the event number is for a Receiver or Third Party (regardless of the country of origin or of non-payment by the bill-to party. The who fails to pay the Charges, or the destination of the Shipment) is subject to Shipper is liable for payment in the event Package is shipped to an unauthorized a Third Party Billing Service fee, charged of non-payment by the Consignee (or Consignee. In the event of non-payment to the payer, set forth in the Service Guide Receiver) or Third Party. All Shipments by the Receiver or Third Party, the Shipper at the time of shipping. The fee for Third must have a valid UPS billing option indi will be billed a refusal fee plus the Charges. Party Billing Service shall be charged for cated on the UPS Shipping System entry. each transaction, based upon all Charges, Regardless of the billing option selected, 52. Shipping Charge Corrections; excluding charges, duties and taxes some charges including, but not limited to, Audit Fee assessed by government authorities. The address correction charges, will be billed UPS reserves the right to bill for Charges Third Party Billing Service fee will not to the Shipper. based upon the characteristics of, and apply to UPS Returns Services or UPS services requested for, Shipments actu Import Control Shipments. 48. Bill My Account ally tendered to UPS. UPS also reserves UPS may provide in its sole and unlimited the right to audit any Package, Shipment 46. Billing Options for Domestic discretion a Bill My Account service to and/or invoice to verify service selection, Shipments registered Shippers to allow the Shipper to dimensions, or weight, and applicabil Unless otherwise agreed to in writing by bill to its own account Charges incurred at ity of any Charges. As part of that audit, UPS, Charges will be billed to the Shipper. UPS Customer Centers and participating UPS may weigh and measure any Package Third-Party Retailer locations. A process or Shipment tendered to UPS using any UPS accepts Shipments for Collect billing ing fee for using Bill My Account may method UPS deems appropriate, including and Third Party billing (subject to a Third apply and may vary by shipping location. but not limited to multidimensional Party Billing Service fee), provided the When using Bill My Account, a Shipper measuring devices. UPS may in its sole Consignee or Third Party has a valid UPS with customized contract incentives that and unlimited discretion increase or account number and has agreed to accept may otherwise apply to the account may adjust Charges based on the results of such the Charges. Regardless of the billing be limited to certain maximum incentives audit. UPS reserves the right in its sole and option selected, some charges including, (“Incentive Caps”). The applicable pro unlimited discretion to bill for Charges but not limited to, address correction cessing fee and Incentive Caps are subject based on shipping characteristics provided charges, will be billed to the Shipper. to change without prior notice and are by the Shipper, regardless of whether UPS published at www.ups.com/billmyaccount. has audited the shipping characteristics. 47. Billing Options for International Incentive Caps and processing fees in In the event that a Package’s or Shipment’s Shipments effect at the time of shipping will apply to dimensions are altered during transit, UPS The amount billed includes, but is not Shipments billed using Bill My Account. reserves the right to bill for Charges based limited to, Charges, duties, fees, and taxes, on the altered dimensions. if applicable. Unless otherwise restricted in 49. Disbursement Fee An audit fee may be assessed for shipping the origin or destination country, Shippers To expedite customs clearance, UPS may charge corrections, as set forth in the effec tendering Packages using a UPS Shipping make or process payments of duties and tive UPS Rates. System may select the payer of Charges, taxes on behalf of the payer as dictated by duties, and taxes as Shipper, Receiver, the billing option selected. An additional 53. Payment of Charges or Third Party (subject to a Third Party fee, set forth in the UPS Rates applicable Except where an alternative payment plan Billing Service fee). UPS accepts shipments to the Shipment in effect at the time of applies, UPS’s payment terms require for Receiver or Third Party billing provided shipping, will be assessed and billed to payment in full in advance. the Receiver or Third Party has a valid UPS the payer. UPS may provide in its sole and unlimited account number and has agreed to accept discretion alternative payment terms the Charges. In the event of non-payment 50. Currency Conversion Rate to certain of its Shippers. UPS, in its sole by the Receiver or Third Party, the Shipper Charges to a payer’s account in a foreign and unlimited discretion, shall decide is liable for all Charges including, but not currency will be converted to the payer’s which, if any, of the alternative payment limited to, duties, fees, and taxes. currency using a weekly exchange rate plans described below (see Section 53.2, An additional Duty and Tax Forwarding secured through Major Money Center “Alternative Payment Plans”) will be made Surcharge will apply if the Shipper selects Banks, plus an exchange fee, set forth in available to the Shipper. a billing option in which duties and taxes the UPS Rates applicable to the Shipment A Shipper that is not enrolled in any of are to be paid outside of the destination in effect at the time of shipping. the Alternative Payment Plans described country. 24 ups.com 1-800-PICK-UPSups.com
UPS® Tariff/Terms and Conditions of Service – United States
below shall pay all Charges in advance to the Shipper’s payment card account or package and adjustment requested. If UPS of shipment, as required by UPS. electronic payment account or to collect determines that a requestor has submitted the fee directly from the Shipper, at UPS’s batch or multiple single requests for adjust Notwithstanding any billing plan that sole option. ments without a substantial basis, all is in effect or payment or billing option requests of such requestor will be denied selected at the time of shipment, the If, for any reason, a negotiable instrument in their entirety for such time period as Shipper is ultimately liable for and agrees submitted to UPS as payment for Charges UPS may determine in its sole and unlim to pay all Charges, including in the event is returned to UPS unpaid, or an electronic ited discretion. A right or claim, of any of insolvency, bankruptcy, non-payment, request for payment is dishonored, UPS kind, to challenge the amount invoiced or refusal to pay by the Receiver or may charge the Shipper a dishonored is conditioned upon full and strict com Third Party. payment fee of twenty dollars ($20) per pliance with all requirements regarding incident, in addition to any late payment All Charges must be paid in the lawful notice set forth in this Section; otherwise, fees assessed by UPS and any collection money of the United States of America. failure to comply with the notice require costs which may be incurred by UPS in ments set forth in this Section constitutes If a Shipper submits Shipment information the final collection of Charges owed by agreement to pay the amount in the to UPS through a UPS Shipping System the Shipper. invoice. Full and strict compliance with and does not subsequently tender such UPS may provide trade credit information this Section is required, even where it is Shipment to UPS, it is the Shipper’s sole on its Shippers to commercial reporting believed that such compliance would responsibility to request an adjustment in agencies. not result in relief or would otherwise the event Shipper is invoiced for any such be futile. Shipments (even where Shipper is ordi 53.1 Invoice Adjustment narily invoiced based on a UPS package Requests for an invoice adjustment (e.g., 53.2 Alternative Payment Plans scan), as set forth below (see Section 53.1, adjustment of Charges based on an incor Where UPS elects to make an alternative “Invoice Adjustment”). Shippers who fail rect rate, billable weight, account number, payment plan available to the Shipper, to do so will be liable for all applicable failure to tender a Shipment, type of UPS may render an invoice to the Shipper Charges. service, shipping charge correction, etc.) on a weekly (i.e., seven days) or a monthly or a refund due to a duplicate payment (i.e., four or five calendar weeks) basis. As an accommodation to the Shipper, and must be received by UPS within 180 days A weekly invoice will include the in UPS’s sole and unlimited discretion, of receiving the contested invoice, or any Charges incurred in the previous week. UPS may render invoices, or copies of billing dispute is waived. Notification to Notwithstanding that UPS has elected invoices, or charge certain Packages to a UPS of a request for an invoice adjustment to render an invoice to the Shipper on a Third Party at the request of the Shipper. must be made in writing using one of the weekly basis, an invoice may be issued The Shipper remains responsible for the following methods: only when the Shipper has incurred timely payment in full of all Charges owed aggregate Charges in excess of ten dollars by the Shipper. By requesting UPS to render – Submit a request through UPS’s online ($10), or when five (5) calendar weeks have invoices, or copies of invoices, or charge Billing Center at ups.com/billing; elapsed from the date of issuance of the certain Packages to a Third Party, the – Email a request to UPS through the last invoice, whichever event occurs first. Shipper is deemed to authorize the Third ups.com website using the “Support A monthly invoice will include the Charges Party to act on behalf of the Shipper, and Category” “billing”; or incurred for the four- or five-week period UPS may rely thereon in all respects. – Mail a request to United Parcel Service, for which the invoice is issued. In its sole UPS also may in its sole and unlimited P.O. Box 7247-0244, Philadelphia, PA and unlimited discretion, UPS may offer discretion elect to render an invoice that 19170-0001. one or more of the following alternative includes amounts owed for services pro The notification to UPS must include the payment plans for the payment of Charges: vided by UPS affiliates. date of shipment, the tracking number for – Electronic Funds Transfer Plan (Debit EFT) each disputed charge, and the reason for If Charges are paid by payment card or By written agreement with UPS, the the disputed charge. A partial payment by an electronic payment method, the Shipper will provide UPS with the against an invoice is not considered a Shipper expressly authorizes UPS to assess Shipper’s bank account number and request for an invoice adjustment or notice any Charges and to obtain payment of bank routing number to enable UPS to to UPS of a disputed charge. UPS reserves the Charges by use of the payment card electronically request payment, for all the right to refuse to issue any invoice or electronic payment method. If, for any Charges incurred by the Shipper, directly adjustment until all outstanding Charges reason, any such transaction is rejected from the Shipper’s bank, on a weekly or owing to UPS have been paid in full. or declined, the Shipper will pay to UPS monthly basis. The Shipper’s bank will a declined transaction fee of ten dollars The filing of a lawsuit does not constitute remit the amount requested to UPS and ($10) per incident, in addition to any late notification by the filer or on behalf of any deduct that amount from the Shipper’s payment fees assessed by UPS and any other party. bank account. Payments to UPS will be collection costs which may be incurred by shown on the Shipper’s bank statements. Requests for invoice adjustments cannot UPS in the final collection of Charges owed The Shipper is responsible for payment of be made without a good faith basis for by the Shipper. The Shipper authorizes any fees imposed by the Shipper’s bank. submitting the request as to each specific UPS to charge the declined transaction fee Additionally, the Shipper will receive a ups.com UPS Tariff/Terms and Conditions of Service – United States 25
UPS® Tariff/Terms and Conditions of Service – United States
weekly or monthly invoice, as applicable, Charges will be due within seven (7) days be eligible for the Credit Extension Plan, except as described above, from UPS listing following the Shipper’s receipt of the the Shipper must use UPS’s transporta- the services provided for the applicable invoice requiring such payment. Past due tion services and the Credit Extension billing period. If, for any reason, an elec balances will be subject to a late payment Plan solely for business, commercial, or tronic request for payment is dishonored, fee as described below, in addition to any agricultural purposes. A Shipper is not the Shipper is responsible for making a collection costs which may be incurred by eligible for the Credit Extension Plan if the timely payment directly to UPS. Past due UPS in the final collection of Charges owed Shipper uses UPS’s transportation services balances will be subject to any collection by the Shipper. and the Credit Extension Plan for any per costs which may be incurred by UPS in sonal, family, or household purposes. By – Special Payment Plan the final collection of Charges owed by using the Credit Extension Plan (if made the Shipper. No late payment fee shall be By written agreement with UPS, the available to the Shipper), the Shipper repre assessed with respect to the Electronic Shipper may prepay an amount equal sents, warrants, certifies, and agrees that it Funds Transfer Plan. to the anticipated Charges for a period will use UPS’s transportation services and of between ten to twenty-six weeks, as the Credit Extension Plan solely for busi – Monthly Prepayment Plan estimated by UPS. The Charges actually ness, commercial or agricultural purposes By written agreement with UPS, the incurred by the Shipper will be deducted and not for any personal, family, or house Shipper will make a prepayment with UPS by UPS on a weekly basis from the pre hold purposes. Past due balances will be in an amount equal to four weeks’ antici payment amounts on account with UPS. subject to a late payment fee as described pated Charges as estimated by UPS. Upon Weekly invoices marked as paid will be below in addition to any collection costs notice to the Shipper, the required prepay forwarded to the Shipper reflecting the which may be incurred by UPS in the final ment amount may be changed by UPS balance of the prepayment amount on collection of Charges owed by the Shipper. at any time to reflect a revised estimate account with UPS. When the prepayment of four weeks’ Charges. All prepayment amount on account with UPS reaches the – Weekly Payment Plan amounts will remain on account with UPS. minimum balance specified in the written Each week the Shipper will receive an No interest will be paid or accrued on the agreement, the Shipper is required to make invoice for the previous week’s Charges prepayment amounts. another prepayment for an additional except as described above. The invoice is period pursuant to the same agreement, due within seven (7) days of receipt. No The Charges incurred for the applicable or, if the Shipper does not do so, the prepayment is required under this plan. month will be totaled and billed to the Shipper must make another payment Shipper on a monthly basis. Payment is Past due balances will be subject to a late arrangement with UPS. All prepayment due within seven (7) days after receipt of payment fee as described below in addi amounts will remain on account with the UPS invoice. Past due balances will be tion to any collection costs which may be UPS. No interest will be paid or accrued on subject to a late payment fee as described incurred by UPS in the final collection of the prepayment amounts. If the Charges below in addition to any collection costs Charges owed by the Shipper. incurred by the Shipper exceed the remain which may be incurred by UPS in the final ing balance of the prepayment amounts on – Credit Card Payment Plan collection of Charges owed by the Shipper. account with UPS, the excess Charges will The Shipper may elect to pay the previ – Weekly Prepayment Plan be due within seven (7) days following the ous week’s Charges by credit card. The By written agreement with UPS, the Shipper’s receipt of the invoice requiring Shipper will receive billing detail itemized Shipper will make a prepayment with UPS such payment. Past due balances will be on its card statement or a weekly invoice, in an amount equal to four weeks’ antici subject to a late payment fee as described except as described above, from UPS listing pated Charges as estimated by UPS. Upon below in addition to any collection costs the previous period’s Charges incurred. notice to the Shipper, the required prepay which may be incurred by UPS in the final The Shipper will provide UPS with the ment amount may be changed by UPS collection of Charges owed by the Shipper. Shipper’s credit information to enable UPS at any time to reflect a revised estimate This payment plan alternative is avail to process Charges incurred by the Shipper of four weeks’ Charges. All prepayment able only to existing customers already on a weekly basis. amounts will remain on account with UPS. approved for a Special Payment Plan. Shipper acknowledges and agrees that No interest will be paid or accrued on the – Credit Extension Plan there may be a delay of two or more days prepayment amounts. By written agreement with UPS, the between the date that payments are Shipper will receive invoices on a weekly Shipper may elect to pay an annual credit received by UPS and the date that the basis, except as described above. Each extension fee and thereafter receive payments are posted and credited to the invoice will list the previous period’s invoices for Charges incurred by the Shipper’s account with UPS. If a UPS remit Charges incurred. Payment for all accu Shipper on a monthly basis with no pre tance advice is attached to the Shipper’s mulated Charges will be due within seven payment requirement. The invoices will payment, the payment will be credited (7) days following the Shipper’s receipt of be payable within seven (7) days following accordingly. If no remittance advice is every fourth invoice; however, if prior to receipt by the Shipper. The credit exten attached to the Shipper’s payment, the receiving the fourth invoice the Shipper’s sion fee is based upon the Shipper’s total payment will be credited to the Shipper’s accumulated Charges should equal or annual Charges, as estimated by UPS, account. exceed the prepayment amounts on and is subject to change annually by UPS account with UPS, then the accumulated in its sole and unlimited discretion. To 26 ups.com 1-800-PICK-UPSups.com
UPS® Tariff/Terms and Conditions of Service – United States
53.3 Late Payment Fee 53.4 Lien on Shipments or proof of Delivery, and reserves the right For the Monthly Prepayment Plan, the UPS shall have a general and continuing to amend any delivery confirmation or the Weekly Prepayment Plan, the Special lien on any and all Shipments for which actual time of Delivery within forty-eight Payment Plan, the Credit Extension Plan, services are being provided by UPS that (48) hours of the date of Delivery. and the Weekly Payment Plan, a late pay- come into UPS’s actual or constructive UPS shall not be liable for any damages ment fee will be assessed if the Shipper’s possession or control for monies owed whatsoever for delayed Delivery, except as payment is not received by UPS by the to UPS with regard to the Shipment on specifically provided for Shipments made invoice due date. Except as otherwise which the lien is claimed and/or any and under the UPS Service Guarantee. Under stated below, the late payment fee will all prior Shipment(s). no circumstances shall UPS be liable for equal six percent (6%) of the total past due any special, incidental, or consequential balance of the Shipper’s invoice (including 54. UPS Service Guarantee damages including, but not limited to, without limitation any previously assessed UPS guarantees on-schedule Delivery damages arising from delayed Delivery but unpaid late payment fees). of Shipments shipped via the following or failure to attempt on-schedule Delivery. services, where available, to all 50 states In determining the late payment fee for and Puerto Rico: UPS may cancel, suspend or modify the Monthly Prepayment Plan and the the UPS Service Guarantee (or change Weekly Prepayment Plan, UPS will apply – UPS Air Services the guaranteed time in transit) for any the prepayment amounts on account – UPS Hundredweight Service® Air Services service(s), and for any period of time, as with UPS to reduce the calculated base – UPS 3 Day Select® determined by UPS in its sole and unlim amount on which the late payment fee is – UPS Hundredweight Service® UPS 3 Day ited discretion, and without prior notice. assessed, provided that UPS will so apply Select® Visit www.ups.com/holidays for changes the prepayment amounts to the oldest – UPS® Ground effective during the holiday season. outstanding invoice first, and to each subsequent invoice thereafter, until the – UPS® Ground with Freight Pricing 54.1 Conditions prepayment amounts have been fully so – UPS Hundredweight Service® Ground The UPS Service Guarantee is subject to the following conditions: applied. If an invoice past due is fully so UPS guarantees on-schedule Delivery of covered by the prepayment amount, no Shipments shipped via the following ser – UPS’s guaranteed Delivery schedule late payment fee will apply. If an invoice vices, where available, and provided that has been obtained by referencing UPS’s past due is partially so covered by the pre customs clearance is performed by UPS website or contacting a UPS Customer payment amount, the late payment fee will Supply Chain Solutions® brokerage offices Service office. “On-time” or “on-schedule” apply to the portion not so covered by the designated by UPS for clearing these means, subject to the terms of this UPS prepayment amount. Shipments: Service Guarantee, Delivery is attempted For the Special Payment Plan, a late – UPS Worldwide Express Plus® before or within 60 seconds of the Delivery time published in the UPS payment fee will not be assessed if there – UPS Worldwide Express NA1® has been a positive balance in the Shipper’s guaranteed Delivery schedule. UPS shall – UPS Worldwide Express® prepayment account with UPS at any time be deemed to have attempted “on-time” during the 27-day period immediately – UPS Worldwide Express Freight® Service or “on-schedule” Delivery for purposes preceding the transmittal of the current – UPS Worldwide Saver® of the UPS Service Guarantee if (i) any invoice to the Shipper. The late payment – UPS Worldwide Expedited® of the exclusions to the UPS Service Guarantee applies, or (ii) any of the fee for the Special Payment Plan will be – UPS 3 Day Select® from Canada conditions set forth in the UPS Service assessed on the “charges this period” of the – UPS® Standard Shipper’s invoice (including without limi Guarantee is not met. tation any previously assessed but unpaid In the event UPS fails to attempt Delivery – Each Package and Shipment is properly late payment fees) that is past due. by the date and time (if applicable) indi recorded in a UPS Shipping System. cated at https://wwwapps.ups.com/ctc, for – Each Package and Shipment bears the A late payment fee will be assessed only the applicable date, time and location of appropriate UPS tracking label and an once on each invoice that is past due. Each tender, or as provided when 1-800-PICK- address label, or a combined label gen late payment fee will be due and payable UPS® (1-800-742-5877) is called, UPS, at erated by a UPS Automated Shipping within seven (7) days following the its option, will either credit or refund System, showing the Consignee’s correct Shipper’s receipt of the invoice that first the transportation charges for each name, deliverable address (UPS does not reflects the assessment of the late payment such Shipment to the payer only, upon provide Delivery to a P.O. Box), and ZIP fee. The late payment fee is in addition to request, provided the conditions set forth Code (or postal code for international any collection costs that may be incurred in the UPS Service Guarantee are met. Shipments). by UPS in the final collection of Charges Transportation charges do not include owed by the Shipper. Neither the assess other fees or charges that may be assessed – Each Package or pallet in a Shipment ment nor the payment of a late payment by UPS including, but not limited to, fuel bears a UPS Saturday Delivery routing fee will (a) affect the Shipper’s responsibil surcharges. This is the sole remedy avail label (where required) when optional ity to pay all Charges owed, or (b) in any able under the UPS Service Guarantee. Saturday service is requested and manner preclude UPS from exercising UPS may, but is not required, to present the available. any of its rights or remedies hereunder or actual time of Delivery in tracking detail under applicable law. ups.com UPS Tariff/Terms and Conditions of Service – United States 27
UPS® Tariff/Terms and Conditions of Service – United States
– Each Shipment is tendered to UPS during – UPS Ground Returns Service Packages. address on any address label or combined UPS’s published business hours. Shipments – Packages subject to a Large Package label affixed to the Package does not received from or destined to certain loca Surcharge or Additional Handling Fee, match the delivery address on the UPS tions may require earlier pickup times Packages that exceed maximum size or Smart Label tag, bar code, or PLD for (available at the UPS website). weight limits, Shipments containing the Package. – UPS is notified by UPS’s Interactive Voice any Package subject to a Large Package – UPS Air Services and UPS 3 Day Select Response system or through UPS’s online Surcharge, Additional Handling Fee, or Shipments of Hazardous Materials or Billing Center at ups.com/billing of a that exceed maximum size or weight Dangerous Goods Shipments, and all service failure within fifteen (15) calen limits, or UPS Worldwide Express Freight® international Hazardous Materials or dar days of the date of scheduled Delivery Service Shipments tendered without Dangerous Goods Shipments except or the date by which UPS has amended prior approval containing any pallet UPS Standard Shipments. or corrected the actual time of Delivery exceeding maximum size or weight in tracking detail or proof of Delivery, restrictions (as set forth at https://www. 55. Claims and Legal Actions: whichever is later, and is advised of the ups.com/assets/resources/media/wwef_ Individual Binding Arbitration of Claims Consignee’s name and address, date of max_dim.pdf). Time Limits and Pleading Requirements shipment, Shipment weight, and UPS – Shipments made using a Call Tag. for Claims/No Right to Set Off tracking number. – Shipments subject to a UPS Delivery Claims against UPS must be made within – For UPS Worldwide Expedited® Intercept® request, Delivery Change strict time limits, including as set forth in Shipments, the guarantee shall apply Request, or a UPS My Choice® request. Section 53.1 (“Invoice Adjustment”) regard only to Shipments with a U.S. origin or ing invoice adjustments or billing disputes; – Shipments that are delayed due to causes destination and when the billed party Section 55.3 (“Time Limit for Filing Claims beyond UPS’s control including, but not is resident in the United States and is for Loss or Damage to Property”) regard limited to: the unavailability or refusal responsible for all Charges. ing claims for loss or damage to property; of a person to accept Delivery of the and pursuant to Section 54, “UPS Service – For UPS Worldwide Express Freight® Shipment, acts of God, natural disasters, Guarantee.” Service Shipments, the guarantee shall war risks, acts of terrorism, acts of public apply to a Shipment where any pallet authorities acting with actual or appar All claims against UPS arising out of or exceeds maximum size or weight restric- ent authority, acts or omissions of related to the provision of services by UPS, tions (as set forth at https://www.ups. customs or similar authorities, authority including, but not limited to, demands for com/assets/resources/media/wwef_max_ of law, insufficient information provided damages, refunds, credits, and any legal or dim.pdf) only if the Shipper obtained by a customer, Hazardous Materials equitable relief whatsoever, shall be extin confirmation of eligibility for the UPS Packages improperly offered for trans guished unless the Claimant (1) timely and Service Guarantee, prior to tender of the port, the application of security regula- completely complies with all applicable Shipment to UPS tions imposed by the government, or notice and claims periods set forth in the for service. otherwise applicable to the Shipment, Terms and in the Service Guide, including UPS reserves the right to refuse any request riots, strikes or other labor disputes, civil as to claims for loss or damage to property for a credit or refund when such request is unrest, disruptions in national or local under Section 55.3, claims under Section either (a) made by, or (b) based on informa air or ground transportation networks 54, “UPS Service Guarantee,” claims for tion obtained by, a party other than the (including, but not limited to, UPS’s trans invoice adjustments under Section 53.1, or payer of the Charges. portation network), disruption or failure claims for breach of contract or any other of communication and information cause of action; and (2) pleads on the face 54.2 Exclusions systems, and adverse weather conditions. of any complaint filed in court against UPS The UPS Service Guarantee does not or states in its submission of its claim in apply to: – International Shipments for which the Shipper has selected the Receiver or Third arbitration against UPS, as the case may – UPS 2nd Day Air® A.M. Packages for Party as the payer of any applicable be, satisfaction and compliance with those Residential deliveries. duties and taxes and Delivery is delayed notice and claims periods as a contractual – Shipments tendered pursuant to Drop until payment arrangements are made. condition precedent to recovery. Claimants may not deduct the amounts of pending Shipments, special operating plans, or – UPS Import Control® Shipments for customized handling or processing claims from any Charges owed to UPS, which the Shipper has selected commer- and the Shipper waives any and all rights, arrangements, or tendered either under cial invoice removal. an account number on which Service including any statutory or common law Guarantee claims are addressed by a – UPS Ground Shipments or UPS® rights, to set off the amount of any claim special agreement or where such claims Standard Shipments that are picked against Charges owed to UPS. up or scheduled to be delivered during have been addressed by special agree Agreement to Arbitrate Claims the applicable dates set forth in the ment with the payer of the Charges. Claimant and UPS agree that, except for Year-End Holiday Schedule available disputes that qualify for state courts of – Shipments processed using a UPS at www.ups.com/holidays. Automated Shipping System that is not limited jurisdiction (such as small claims, located at the pickup address assigned to – Shipments without Timely Upload of justice of the peace, magistrate court, and the UPS account number on which the PLD, Shipments not accompanied by a similar courts with monetary limits of less Shipment was made. UPS Smart Label tag, or when the delivery than $30,000 on their jurisdictions over 28 ups.com 1-800-PICK-UPSups.com
UPS® Tariff/Terms and Conditions of Service – United States
civil disputes), any controversy or claim, the right to trial by jury. Claimant and UPS Disputes Supplementary Procedures, whether at law or equity, arising out of or are further giving up the ability to par- and concerning an award between fifteen related to the provision of services by UPS, ticipate in a class, mass, consolidated or thousand dollars ($15,000.00) and fifty regardless of the date of accrual of such combined action or arbitration. thousand dollars ($50,000.00), inclusive, dispute, shall be resolved in its entirety by UPS shall pay Claimant’s filing fee under Place of Arbitration/Number of individual (not class-wide nor collective) the AAA Rules, provided that Claimant Arbitrators/Costs of Arbitration/ binding arbitration. Claimant and UPS agrees that both parties shall submit Governing Law/Survival expressly agree that the foregoing obliga- their arguments and evidence to the Any arbitration will take place in the tion to arbitrate disputes regardless of the arbitrator in writing and that the arbitra county where Claimant resides and will date of accrual of such disputes includes, tor shall make an award based only on be determined by a single arbitrator. but is not limited to, preexisting disputes the documents, without a hearing being and disputes that arise from or relate to Any filing fee or administrative fee held. Notwithstanding this provision, the Packages shipped at the time of a previous required of Claimant by the AAA Rules parties may agree to proceed with desk version of these Terms. shall be paid by Claimant to the extent arbitration at any time. such fee does not exceed the amount of Arbitration is the submission of a dispute Access to Small Claims Courts the fee required to commence a similar to a neutral arbitrator, instead of a judge All parties shall retain the right to seek action in a court that otherwise would or jury, for a final and binding decision, adjudication in a state court of limited have jurisdiction. For all non frivolous known as an “award.” Arbitration provides jurisdiction, such as small claims, justice complaints, UPS will pay the amount of for more limited discovery than in court, of the peace, magistrate court, and similar such fee in excess of that amount. The arbi and is subject to limited review by courts. courts with monetary limits of less than trator will allocate the administrative costs Each party has an opportunity to present $30,000 on their jurisdiction over civil dis and arbitral fees consistent with the appli evidence to the arbitrator in writing or putes, for individual disputes within the cable rules of the American Arbitration through witnesses. An arbitrator can only scope of such court’s jurisdiction. award the same damages and relief that a Association. Reasonable attorney’s fees and court can award under the law and must expenses will be allocated or awarded only Acknowledgements honor the terms and conditions in the Terms. to the extent such allocation or award is Claimant and UPS acknowledge and agree available under applicable law. that pursuant to these Terms: Claimant and UPS agree that their sole relationship is a contractual one governed All issues are for the arbitrator to decide, – CLAIMANT AND UPS AGREE THAT by the Service Guide and Terms. Any con except that issues relating to the scope, WE ARE WAIVING THE RIGHT TO troversy or claim arising out of or related application, and enforceability of the arbi HAVE A TRIAL BY JURY TO RESOLVE to the provision of services by UPS shall be tration provision are for a court to decide. ANY DISPUTE ALLEGED AGAINST resolved solely based on the agreements The Federal Arbitration Act governs the CLAIMANT, UPS OR RELATED THIRD set forth in the Service Guide and Terms. interpretation and enforcement of this PARTIES; provision. This agreement to arbitrate – CLAIMANT AND UPS AGREE THAT WE Institutional Arbitration shall survive termination of the Terms. The arbitration shall be conducted by ARE WAIVING THE RIGHT TO HAVE A the American Arbitration Association Severability COURT, OTHER THAN A STATE COURT (AAA) in accordance with its Commercial Notwithstanding anything to the con OF LIMITED JURISDICTION AS DEFINED Arbitration Rules and the Supplementary trary in the AAA Rules, if any part of this ABOVE, RESOLVE ANY DISPUTE Procedures for Consumer-Related Disputes arbitration provision is deemed invalid or ALLEGED AGAINST CLAIMANT, UPS (the “Rules”), and judgment on the award ineffective for any reason, this shall not OR RELATED THIRD PARTIES; affect the validity or enforceability of the may be entered in any court of competent – CLAIMANT AND UPS AGREE THAT WE remainder of this arbitration provision, jurisdiction. The Rules, including instruc ARE WAIVING THE RIGHT TO HAVE and the arbitrator shall have the authority tions for how to initiate arbitration, are A COURT REVIEW ANY DECISION OR https://www.adr.org to amend any provisions deemed invalid available at . The AWARD OF AN ARBITRATOR, WHETHER or ineffective to make the same valid and arbitrator shall decide all issues of the INTERIM OR FINAL, EXCEPT FOR enforceable. case on the basis of the applicable law, APPEALS BASED ON THOSE GROUNDS not equity. If you initiate arbitration, Desk Arbitration FOR VACATUR EXPRESSLY SET FORTH you must serve UPS’s registered agent for For all disputes concerning an amount less IN SECTION 10 OF THE FEDERAL service of process, Corporation Service than fifteen thousand dollars ($15,000.00), ARBITRATION ACT. Company, which has locations in every the parties shall submit their arguments state. Information also can be found on – CLAIMANT AND UPS AGREE THAT WE and evidence to the arbitrator in writing the website of your local Secretary of State. ARE WAIVING THE RIGHT TO SERVE and the arbitrator shall make an award AS A REPRESENTATIVE, AS A PRIVATE Any arbitration under this Agreement based only on the documents; no hearing ATTORNEY GENERAL, OR IN ANY will take place on an individual basis; will be held unless the arbitrator in his or OTHER REPRESENTATIVE CAPACITY, class, mass, consolidated or combined her discretion, and upon request of a JOIN AS A CLASS MEMBER, AND/OR TO actions or arbitrations or proceeding as party, decides it is a necessity to require PARTICIPATE AS A MEMBER OF A CLASS a private attorney general are not permit- an in-person hearing. For a dispute gov OF CLAIMANTS IN ANY CLASS, ted. Claimant and UPS are each waiving erned by the AAA Consumer-Related ups.com UPS Tariff/Terms and Conditions of Service – United States 29
UPS® Tariff/Terms and Conditions of Service – United States
MASS, CONSOLIDATED OR COMBINED –Call 1-800-PICK-UPS® (1-800-742-5877); or such claim has already been paid or denied ACTION OR ARBITRATION FILED in writing or electronically. UPS will at the –Mail notice to UPS Claims Processing AGAINST CLAIMANT, UPS AND/ OR time each claim is received create a sepa Center, P.O. Box 1265, Newport News, RELATED THIRD PARTIES. rate file and assign thereto a successive VA 23601-1265 (for claims involving ship claim file number and note that number Award ments to or from Puerto Rico, notice on all documents filed in support of the The arbitrator may award money or equi must be mailed to UPS Mexico/AICM, claim and all records and correspondence table relief in favor of only the individual Almacen Fiscalizado #21, Col. Federal with respect to the claim, including the party seeking relief and only to the extent Deleg. Venustiano Carranza, Mexico DF CP written acknowledgment of receipt and, necessary to provide relief warranted by 15520). if in its possession, the Source Document that party’s individual claim. Similarly, an All claims for loss of or damage to property and delivery receipts, if any, covering arbitration award and any judgment con transported or accepted for transportation the Shipment involved. At the time such firming it apply only to that specific case; it must: (1) be in writing (or an electronic claim is received, UPS will cause the date cannot be used in any other case except to communication) and must include refer of receipt to be recorded on the face of the enforce the award itself. To reduce the time ence to the Source Document or pickup claim document, and the date of receipt and expense of the arbitration, the arbitra record number and date of shipment or will also appear on the acknowledgment tor will not provide a statement of reasons copies of other documents sufficient to of receipt sent to the claimant. for his or her award unless a brief explana identify the Shipment involved, and the tion of the reasons is requested by one of 55.3 Time Limit for Notice and Filing of declared value; (2) assert the liability of the parties. Unless both Claimant and UPS Claims for Loss or Damage to Property UPS for alleged loss or damage; (3) make agree otherwise, the arbitrator may not As a condition precedent to recovery, all claim for payment of a specified or deter consolidate more than one person’s claims, claims for loss or damage to property minable amount of money; and (4) be and may not otherwise preside over any must be noticed and filed in writing or accompanied by a copy of the original form of a representative, private attorney electronically with UPS within the fol invoice or, if no invoice was issued, other general or class proceeding. lowing time limits: proof, certified to in writing, as to the pur Confidentiality of Arbitration chase price paid by the Consignee (where – For domestic Shipments (including ship Notwithstanding anything to the contrary the property involved has been sold to the ments to and from Puerto Rico), UPS in the AAA Rules, UPS and Claimant agree Consignee), actual cost or replacement cost must receive notice of claims within sixty that the filing of arbitration, the arbitration of the property, or extent of the damage to days after Delivery of the Package or, in proceeding, any documents exchanged or the property. case of failure to make Delivery, within produced during the arbitration proceeding, sixty days after the date of scheduled No claims will be voluntarily paid unless any briefs or other documents prepared Delivery. Claims must be filed within UPS receives notice of the claims and they for the arbitration, and the arbitral award nine months after Delivery of the Package are filed in writing or transmitted elec shall all be kept fully confidential and or, in case of failure to make Delivery, tronically by or on behalf of the Shipper in shall not be disclosed to any other party, within nine months after the date of accordance with these provisions. except to the extent necessary to enforce scheduled Delivery. this arbitration provision, arbitral award A right or claim, of any kind, for loss or – For international Shipments, claims must or other rights of the parties, or as required damage to property is conditioned upon be filed within sixty days after Delivery by law or court order. This confidentiality full and strict compliance with this Section of the Package or pallet or, in the case of provision does not foreclose the American 55.1 and Sections 55.3 through 55.6. Full non-Delivery, within sixty days after the Arbitration Association from reporting and strict compliance with this Section date of scheduled Delivery. is required, even where it is believed that certain consumer arbitration case informa – Suits shall be instituted within two years such compliance would not result in relief tion as required by state law. after denial of any portion of the claim. or would otherwise be futile. 55.1 Making Claims for Loss or Damage Where UPS does not receive notice of to Property 55.2 Acknowledgment of Claims for Loss claims, claims are not filed, or suits are All notices of claims for loss of or damage or Damage to Property not instituted thereon in accordance to property transported or accepted for After receiving a proper written or elec with the foregoing provisions, such transportation must include the date of tronic transmission of a claim in the claims shall be deemed waived and will shipment, the tracking number, and the manner and form and with the support not be paid. nature of the loss or damage. A request for ing documents described in Section 55.1 55.4 Investigation of Claims for Loss proof of Delivery or damage inspection (“Making Claims for Loss or Damage to or Damage to Property or the filing of a lawsuit do not constitute Property”) and Section 55.4 (“Investigation – Prompt Investigation. Each claim for loss notification of a claim. Notice of a claim for of Claims for Loss or Damage to Property”) or damage to a Package or Shipment filed loss or damage to property must be made herein, UPS or its designee will acknowl in the manner prescribed herein will be using one of the following methods: edge the receipt of such claim in writing promptly and thoroughly investigated, or electronically to the claimant within –Submit online at www.ups.com/us/en/ if investigation has not already been 30 days after the date of receipt, unless help-center/claims-support.page; made prior to receipt of the claim. 30 ups.com 1-800-PICK-UPSups.com
UPS® Tariff/Terms and Conditions of Service – United States
– Supporting Documents. Each claim of the Shipment involved a certified Worldwide Express Freight® Service must be supported by the following: statement in writing that the property Shipment, is limited to a value of $100, (1) evidence of payment of the shipping for which the claim is filed has not been except as set forth below. Unless a greater and any declared value charges; and (2) received from UPS or from any other value is recorded in the declared value either the original invoice or a photocopy, source. UPS reserves the right to require field of the UPS Source Document or the exact copy, or extract of, the original verification by the filing of a police report UPS Automated Shipping System used, invoice, a certification of prices or costs, and providing a copy of the filed report the Shipper agrees that the released value with trade or other discounts, allowance, to UPS in support of the claim. of each domestic Package or international or deductions of any nature whatsoever Shipment, or pallet is no greater than $100, 55.5 Salvage and the terms thereof, or depreciation which is a reasonable value under the When UPS pays the actual cost, the pur reflected thereon. Where the property circumstances surrounding the transpor chase price, or the replacement cost of the involved in a claim has not been invoiced tation, and that UPS shall not be liable for property, all rights, title to, and interest in to the Consignee shown on the bill more than $100 for each domestic Package the property shall thereupon pass to UPS, of lading or receipt, where an invoice or international Shipment or pallet. and UPS reserves the right to obtain the does not show price or cost, where the property for salvage. Payment of a claim To increase UPS’s limit of liability for loss property involved has not been sold, or in such circumstances shall be contingent or damage above $100, the Shipper must where the property has been transferred on UPS’s receipt of the damaged property declare a value in excess of $100 for each at bookkeeping values only, UPS will, in the same condition as on the date the Package or pallet in the declared value field before paying a claim, require the claim damage was incurred. of the UPS Source Document or the UPS ant to establish the value in the quantity Automated Shipping System used and pay shipped, transported, or involved. UPS 55.6 Disposition of Claims for Loss an additional charge. The Shipper cannot reserves the right to request the original or Damage to Property declare a value in excess of the maximum shipping record or Source Document. UPS or its designee, after receiving a allowable limits set forth below. UPS shall written claim for property transported, For an asserted claim of $1,000 or more not be liable under any circumstances for will pay, decline, or make a firm com for a Package processed through a UPS an amount in excess of the declared value promise settlement offer in writing to Shipping System and tendered to a UPS of a domestic Package or international the claimant within 120 days after UPS driver or UPS Customer Center, a copy of Shipment, or pallet. When a Shipper declares receives the claim; provided, however, the signed high-value shipment summary a value in excess of $100, it does not receive that if the claim cannot be processed and applicable to the Shipment obtained by the any form of insurance. Shippers desiring disposed of within 120 days after receipt, Shipper and signed by the UPS driver or cargo insurance, all risk insurance, or UPS or its designee will at that time and at UPS Customer Center representative at the another form of insurance should purchase the expiration of each succeeding 60-day time of tender may be required to support such insurance from a third party. Cargo period while the claim remains pending, the claim. UPS reserves the right to refuse insurance may be available through UPS’s advise the claimant in writing of the status to pay any claim if, having requested such licensed affiliates UPS Capital Insurance of the claim and the reason for the delay in a signed high-value shipment summary, Agency, Inc. and Parcel Pro, Inc. making final disposition thereof and shall no such summary is provided. retain a copy of such notice to the claimant The rules relating to liability established For an asserted claim of $1,000 or more in its claim file. by the Convention for the Unification of for an international UPS Returns® or a Certain Rules Relating to International No claim for loss or damage shall be paid UPS Import Control® Package or pallet, the Carriage by Air signed at Warsaw, unless a valid claim has been filed in signed UPS high-value shipment summary Poland, on October 12, 1929, that con accordance with terms set forth herein applicable to the Shipment must be sub vention as amended, or the Convention (in Section 55.1, “Making Claims for Loss mitted in support of the claim. for the Unification of Certain Rules for or Damage to Property,” Section 55.3, International Carriage by Air (Montreal, By filing a claim and supporting docu “Time Limit for Filing Claims for Loss 28 May 1999), shall apply to the interna ments to UPS, the claimant certifies that or Damage to Property” and Section tional carriage of any Shipment insofar as the claim, amount of claim, and supporting 55.4, “Investigation of Claims for Loss or the same is governed thereby. There are documents are true and correct. Damage to Property”). UPS reserves the no stopping places which are agreed upon right to refuse to pay any claim for loss or – Original Packaging Materials. In the at the time of tender of the Shipment, and damage to property until all outstanding event that a claim is made for damage UPS reserves the right to route the Ship Charges owing to UPS have been paid in to a Shipment, the original packaging ment in any way UPS deems appropriate. full. UPS reserves the right to refuse to pay materials must be made available to UPS any claim for loss of property if, having 56.1 Maximum Declared Values or its designee for inspection prior to requested a detailed description of the The maximum declared value is $50,000 reshipment. property, no such description is provided. per Package and $100,000 per pallet, except – Verification of Loss. When an asserted for the following for which the maximum claim for loss of an entire Package or 56. Responsibility for Loss or Damage declared value may not exceed: pallet or an entire Shipment cannot be UPS’s liability for loss or damage to each – Subject to the limitations set forth below, otherwise authenticated upon investiga UPS domestic Package or international certain Packages are eligible for the tion, UPS will obtain from the Consignee Shipment, or to each pallet in a UPS enhanced maximum declared value of ups.com UPS Tariff/Terms and Conditions of Service – United States 31
UPS® Tariff/Terms and Conditions of Service – United States
$70,000 per Package (“Enhanced Maximum Print and Mail Return Label, Electronic the applicable Terms or Service Guide, it Declared Value”). A Package is eligible Return Label, or 1 UPS Pickup Attempt is the Shipper’s sole responsibility timely for Enhanced Maximum Declared Value Return Services, (including via UPS to request an adjustment as set forth in only where the Package is a domestic Returns® on the Web service); Section 53.1 (“Invoice Adjustment”) to Package; is tendered pursuant to the – $1,000 per Package or pallet for inter- recover any Charges. Shippers who fail to Shipper’s Scheduled Pickup Service; national Shipments returned via the fol do so will be liable for all invoiced Charges. the service level selected is a UPS Next lowing UPS Returns® Services: UPS Print 56.2 Liability Limits Day Air delivery service; the Package is Return Label, UPS Print and Mail Return UPS’s maximum liability for loss or processed for shipment using a UPS Label, Electronic Return Label, 1 UPS damage to each UPS domestic Package or Shipping System (declarations of value Pickup Attempt, or 3 UPS Pickup Attempts international Shipment, or to each pallet in on paper Source Documents are not (including via UPS Returns® on the Web), a UPS Worldwide Express Freight® Service eligible for Enhanced Maximum Declared unless a UPS high-value shipment sum Shipment, shall not exceed the lesser of: Value); and the Package does not contain mary is obtained by the Shipper or person – $100, when no value in excess of $100 is any hazardous material or a Perishable tendering the Package or pallet and declared on the Source Document or UPS Commodity. Except as set forth in this signed by the driver or UPS Customer Automated Shipping System used (or Section, the portion of any declaration Center representative upon tender of when a value in excess of $100 is declared, of value above $50,000 per Package is null the Shipment; and void; but the applicable declared value charges – $1,000 per Package or pallet for interna are not paid); – $1,000 per Package for Packages shipped tional UPS Import Control® Shipments – the declared value on the Source Docu- by a Third-Party Retailer if no high-value unless a UPS high-value shipment sum ment or UPS Automated Shipping System control log was provided to UPS on mary is obtained by the Shipper or person used when a value in excess of $100 is tender of the Package; tendering the Package or pallet and declared and the applicable declared – $1,000 per Package for a Package pro signed by the driver or UPS Customer value charges paid; cessed for shipment prior to tender using Center representative upon tender of a UPS Shipping System and tendered to the Shipment; – the purchase price paid by the Consignee (where the shipped property has been a UPS driver or UPS Customer Center, – $999 per Package for Packages shipped sold to the Consignee); unless a UPS high-value shipment sum via Shipper Release service; mary is obtained by the Shipper or person – the actual cost of the damaged or lost tendering the Package and signed by the Shippers cannot declare a value for UPS® property; Prepaid Letters. driver or UPS Customer Center represen – the replacement cost of the property at tative upon tender of the Package; Declaring a value in the declared value the time and place of loss or damage; or – up to $5,000 per Package for a Package field of the UPS Source Document or UPS – the cost of repairing the damaged shipped or delivered to a UPS Access Automated Shipping System used does not property. Point® location. increase UPS’s limitations of liability for, UPS’s liability for Shipments containing – $500 per Package for a Package shipped and Shippers may not declare a value for, the following commodities shall be limited via a UPS Drop Box; damages related to providing or failure to provide C.O.D. service, including, but as follows: – up to $1,000 per Package for a Package not limited to: failure to collect the C.O.D. – Checks. UPS’s liability for a Shipment shipped via a Third-Party Retailer or UPS amount; failure to collect the specified containing a check or checks is limited to Access Point® location (including a UPS form of payment; collection of an instru the cost of stopping payment on and reis Access Point® locker) if such Package was ment in the wrong amount; failure or delay suing the check(s), not to exceed $100 per processed for shipment using a UPS in delivering the collected instrument Package or pallet. In no event shall UPS Shipping System prior to drop off at the to the Shipper; or collection of forged, be liable for the face value of the check(s). Third-Party Retailer or UPS Access Point® insufficient funds, or otherwise invalid – Phone Cards, Tickets, Gift Cards, and location or billed using Bill My Account; instruments. Similar. UPS’s liability for a Shipment – $1,000 per Package or pallet for inter- Any declared value contrary to what is containing a phone card, ticket (such as national Shipments containing jewelry allowed in the applicable Terms or Service event or airline ticket), gift certificate, gift (not including costume jewelry), or Guide (e.g., the portion of any declaration card, coupon, or other similar printed $2,500 per Package or pallet for Shipments in excess of allowed maximums) is null matter with an exchange value is limited tendered to eligible destinations set forth and void. Acceptance for carriage or receipt to the cost (which shall not include any at ups.com/jewelry; of payment for any Package or Shipment amount of the value attached to the card, – $1,000 per Package or pallet for bearing a declared value contrary to what certificate, or coupon, or similar printed Shipments containing unset precious is allowed does not constitute a waiver matter) of replacing the physical card(s), stones or industrial diamonds, or $2,500 of any provisions of the Terms or Service certificate(s), or printed matter, not to per Package or pallet for international Guide limiting UPS’s liability or responsi exceed $100 per Package or per pallet. Shipments tendered to eligible destina bility for any such Package or Shipment. In no event shall UPS be liable for the tion set forth at ups.com/jewelry; If a Shipper declares value in excess of the face value of any phone card, ticket, gift – $1,000 per Package for domestic Packages applicable maximum allowed or in any certificate, gift card, coupon, or similar returned via UPS Print Return Label, UPS respect contrary to what is allowed in printed matter. 32 ups.com 1-800-PICK-UPSups.com
UPS® Tariff/Terms and Conditions of Service – United States
– Media. UPS’s liability for a Shipment information including without limitation delivery of property, by trick, false pre containing documents, film, photographs personal, health or financial information; tense, or other fraudulent scheme. (including negatives), slides, transparen – loss or damage due to acts of God, natural UPS shall not be liable for any damages cies, videotapes, compact discs, laser disasters, war risks, acts of terrorism, arising from UPS’s inability, failure, or discs, computer tapes, and media of nuclear damage, acts of public authorities refusal to comply with a request to stop, similar nature is limited to the replace acting with actual or apparent authority, return, or re-route shipment of a Package ment cost of the media on which the acts or omissions of customs or similar after tender to UPS. content is recorded. authorities, authority of law, the applica – Pairs, Parts. In the event of loss of or tion of security regulations imposed by UPS shall not be liable for any interrup damage to a pair or set of articles, UPS’s the government or otherwise applicable tion of service due to causes beyond UPS’s liability is limited to the value of that to the Shipment, riots, strikes or other control including, but not limited to: the part of the pair or set which is lost or labor disputes, civil unrest, disruptions unavailability or refusal of a person to damaged, and UPS shall not be liable in national or local air or ground trans- accept Delivery of the Shipment, acts of for the value of the whole pair or set. portation networks (including, but not God, natural disasters, war risks, acts In the event of loss of or damage to any limited to, UPS’s transportation net- of terrorism, acts of public authorities part of property (including any part of a work), disruption or failure of commu- acting with actual or apparent authority, machine) which, when complete for sale nication and information systems, or acts or omissions of customs or similar or use, consists of several parts, UPS shall adverse weather conditions; authorities, authority of law, insufficient be liable only for the value of the part lost information provided by a customer, – loss or damage to any Package or Ship Hazardous Materials Packages improperly or damaged, not to exceed the declared ment for which UPS has no scan or other value of the part lost or damaged. In no offered for transport, the application of record reflecting that the Package or security regulations imposed by the gov event shall UPS be liable for the value of Shipment was tendered to UPS by the the complete item. ernment or otherwise applicable to the Shipper; or Shipment, riots, a government agency hold, In the event of partial loss or damage to a – loss or damage to any Shipment contain strikes or other labor disputes, civil unrest, pallet in UPS Worldwide Express Freight® ing articles that Shippers are prohibited disruptions of any kind in national or local Service, UPS shall be liable only for the value from shipping, that UPS does not or is not air or ground transportation networks of the contents of the pallet lost or damaged, authorized to accept for transportation, (including, but not limited to, UPS’s trans and not the value of the full pallet. that UPS states that it will not accept, portation network), disruption or failure of 56.3 Exclusions from Liability or that UPS has a right to refuse. communication and information systems, UPS shall not be liable or responsible for: UPS shall not be liable for any damages of and adverse weather conditions. – loss or damage to articles of unusual any kind, under any theory, arising from UNDER NO CIRCUMSTANCES SHALL value (as defined in these Terms); or relating to, directly or indirectly, in UPS BE LIABLE FOR ANY SPECIAL, whole or in part, the loss of or unauthor – loss or damage to Prepaid Letters; INCIDENTAL, OR CONSEQUENTIAL ized access, acquisition, use, modification, DAMAGES INCLUDING, BUT NOT – loss or damage resulting from insects, disclosure, or destruction of, or damage LIMITED TO, DAMAGES ARISING FROM moths, vermin, inherent vice, deteriora to, personal, health, financial, or any LOSS, MISDELIVERY OF, OR DAMAGE tion, dampness of atmosphere, extreme other type of data or information, includ TO PROPERTY, DELAYED DELIVERY, OR of temperature, ordinary wear and tear, ing, without limitation, Social Security FAILURE TO ATTEMPT DELIVERY IN or that which occurred or arose prior number, date of birth, driver’s license ACCORDANCE WITH THE UPS SERVICE to or after the course of transportation number, credit card number, and financial GUARANTEE, WHETHER OR NOT UPS by UPS; account information. Notwithstanding HAD KNOWLEDGE SUCH DAMAGES – loss or damage resulting from improper, any other provisions to the contrary and MIGHT BE INCURRED. UNDER NO CIR- inadequate or unsafe packaging or wrap to the fullest extent permitted by appli CUMSTANCES SHALL UPS BE LIABLE ping that fails to meet UPS’s published cable law, UPS will in no event be liable to FOR ANY DAMAGES WHATSOEVER FOR standards related thereto set forth in the Shipper, Consignee, or any other person, DELAYED DELIVERY, EXCEPT AS SPECIFI- Terms or at ups.com; for any loss, damage, or costs of any kind CALLY PROVIDED FOR SHIPMENTS MADE – loss or damage to Perishable Commodities arising out of or related to any data loss, UNDER THE UPS SERVICE GUARANTEE. data exposure, misuse of data, unauthor to the extent the loss or damage results Acceptance for carriage of any Shipment ized access to data or electronic system(s), from exposure to heat or cold or the per containing articles that Shippers are pro or cybersecurity or data privacy incident, ishable nature of the item; hibited from shipping, that UPS does not regardless of whether or not any such loss, or is not authorized to accept for transpor – loss or damage to human remains, fetal damage, or costs are caused by, or other tation, that UPS states it will not accept, remains, human body parts, human wise attributable to, UPS. embryos, or components thereof; or that UPS has a right to refuse, does not UPS shall not be liable for any loss or – loss or damage to fluorescent tubes or constitute a waiver of any provisions of damage arising from providing service bulbs; the Terms or Service Guide limiting UPS’s to, or on behalf of, a person or entity liability or responsibility for any such – loss of, damage to, or irretrievability of that obtains such services, including the Package or Shipment. data stored on any type of media, or of ups.com UPS Tariff/Terms and Conditions of Service – United States 33
UPS® Tariff/Terms and Conditions of Service – United States
57. Data Handling The Terms, the Service Guide and the The Shipper agrees that UPS and other UPS Source Document for each Shipment companies in the UPS group of compa together comprise the complete and exclu nies worldwide (i) may use data provided sive agreement of the parties, including any by the Shipper for purposes that include of UPS’s affiliates or subsidiaries, except as providing UPS’s services, products, and modified by any existing or future written support; handling the Shipper’s payments, agreement between the parties, and may claims, requests, and UPS accounts; com not be contradicted, modified or supple municating with the Shipper to provide mented by any oral agreement or by any tracking updates and information on implied-by-law covenant. special events, surveys, contests, offers, For any language in the parties’ agreement promotions, products, and services; pro that gives UPS any discretion, judgment or viding advertising that may be tailored to other right, UPS’s exercise of such discre the Shipper’s interests; operating, evalu tion, judgment or other right is not limited ating, protecting, and improving UPS’s in any way whatsoever – even if the specific business; facilitating the Shipper’s use of language does not so specify. UPS has the UPS blogs and social media; performing sole and unilateral authority to choose data analyses; monitoring and reporting how to exercise its discretion, judgment compliance issues, including identifying or any other right and may do so for any and protecting against illegal activity, reason it chooses, without limitation. UPS claims, or other liabilities; exercising, is not bound by any previous exercise of establishing, and defending legal claims; its discretion, judgment or any other right. and complying with UPS policies and legal Nor does any previous exercise constitute a obligations, and (ii) may transfer data determination or admission by UPS about provided by the Shipper to countries other how such discretion, judgment or right than the country where the Shipment is should be or should have been exercised. tendered for service. The Shipper also agrees that UPS may share data provided The parties disavow and waive any obli by the Shipper with third parties, includ gations of good faith and/or fair dealing, ing service providers, affiliates, resellers, whether implied by law or otherwise, in joint marketing partners, franchisees, connection with their agreements regard Shipper’s contacts upon the Shipper’s ing services to which these Terms apply, request, government agencies, and other including but not limited to UPS’s exercise third parties such as shippers, consignees, of any discretion, judgment or other right, or third-party payers and recipients. UPS afforded by the Service Guide, the Terms or may also disclose data provided by the the UPS Source Document. UPS (and any Shipper in order to comply with a legal of UPS’s affiliates and subsidiaries) have no obligation, to cooperate voluntarily with special, confidential, or fiduciary relation law enforcement or other public or govern ship with any Shipper or Claimant. ment authorities, to prevent harm or loss Any failure to enforce or apply any terms in connection with suspected or actual or provisions of the Service Guide or the illegal activity, and in the event UPS sells Terms shall not constitute a waiver of that or transfers all or a portion of its business term or provision by UPS, and shall not or assets. UPS is not responsible for the diminish or impair UPS’s right to enforce privacy practices of any non-UPS places, such term or provision in the future. If one sites, platforms, or services. or more provisions of the Terms shall be held to be invalid, illegal, or unenforceable, 58. Incorporation of Documents; the validity, legality, and enforceability of Waiver; Future Changes the remaining provisions shall not be so All Shipments are subject to the terms and affected or impaired. conditions contained in the Terms. The UPS may engage subcontractors to perform effective Service Guide, and any modifica transportation and incidental services. tions or amendments of them, are hereby incorporated by reference in these Terms. UPS contracts on its own behalf and on In the event of a conflict or inconsistency behalf of its servants, agents, and sub between the Terms and the effective contractors, each of whom shall have the Service Guide, the Terms shall control. UPS benefit of these Terms. No such party has reserves the right to unilaterally modify or authority to waive or vary these Terms. amend any portion of the Service Guide or the Terms at any time without prior notice.